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the African Union
The Court of Justice of the African Union was originally intended to be the "principal judicial organ" of the African Union (Protocol of the Court of Justice of the African Union, Article 2.2) with authority to rule on disputes over interpretation of AU treaties. The Court has, however, never come into existence because the African Union has decided that it should be merged with the African Court on Human and Peoples' Rights to form a new court: the African Court of Justice and Human Rights (ACJHR). Underlying this decision was the concern at the growing number of AU institutions, which the AU could not afford to support.
In international politics, protocol is the etiquette of diplomacy and affairs of state. It may also refer to an international agreement that supplements or amends a treaty.
The African Union (AU) is a continental union consisting of 55 member states located on the continent of Africa, with exception of various territories of European possessions located in Africa. The bloc was founded on 26 May 2001 in Addis Ababa, Ethiopia and launched on 9 July 2002 in South Africa. The intention of the AU is to replace the Organisation of African Unity (OAU), established on 25 May 1963 in Addis Ababa by 32 signatory governments. The most important decisions of the AU are made by the Assembly of the African Union, a semi-annual meeting of the heads of state and government of its member states. The AU's secretariat, the African Union Commission, is based in Addis Ababa.
The African Court on Human and Peoples' Rights is a continental court established by African countries to ensure protection of human and peoples' rights in Africa. It complements and reinforces the functions of the African Commission on Human and Peoples' Rights.
A protocol to set up the Court of Justice was adopted in 2003, and entered into force in 2009. It was, however, superseded by a protocol creating the African Court of Justice and Human Rights.
The merger protocol was adopted during the 11th African Union Summit in July 2008. The united court will be based in Arusha, Tanzania.
The East African Court of Justice (EACJ) is a treaty-based judicial body of the East African Community tasked to ensure adherence to law in the interpretation and application of and compliance with the East African Community Treaty of 1999. The Court is made up of two divisions: a First Instance Division and an Appellate Division. Its Judges, a maximum of ten in the First Instance Division and of five in the Appellate Division, are appointed by the East African Community Summit, the highest organ of the community, from among persons recommended by the Partner States who are of proven integrity, impartiality and independence and fulfill the conditions required in their own countries for high judicial office, or are jurists of recognised competence.
The European Convention on Human Rights (ECHR) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity.
Human rights are "the basic rights and freedoms to which all humans are entitled" Examples of rights and freedoms which are often thought of as human rights include civil and political rights, such as the right to life, liberty, and property, freedom of expression, pursuit of happiness and equality before the law; and social, cultural and economic rights, including the right to participate in science and culture, the right to work, and the right to education.
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
International human rights instruments are treaties and other international documents relevant to international human rights law and the protection of human rights in general. They can be classified into two categories: declarations, adopted by bodies such as the United Nations General Assembly, which are not legally binding although they may be politically so as soft law; and conventions, which are legally binding instruments concluded under international law. International treaties and even declarations can, over time, obtain the status of customary international law.
The European Court of Human Rights is a supranational or international court established by the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights provisions concerning civil and political rights set out in the Convention and its protocols.
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation.
The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission. However, its then legal status was uncertain and it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December 2009.
The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial body tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of violations of the Charter. This includes investigating human rights violations, creating and approving programs of action towards encouraging human rights, and set up effect communication between them and states to get first hand information on violations of human rights. Although the ACHPR is under a regional government facility, they don't have any actual power and enforcement over laws. This ends up in them drafting up proposals to send up the chain of command to the Assembly of Heads of State and Government and they will act accordingly.
The African Charter on Human and Peoples' Rights is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent.
Southern Cameroons was the southern part of the British Mandate territory of British Cameroons in West Africa. Since 1961 it has been part of the Republic of Cameroon, where it makes up the Northwest Region and Southwest Region. Since 1994, pressure groups in the territory have sought independence from the Republic of Cameroon, and the Republic of Ambazonia was declared by the Southern Cameroons Peoples Organisation (SCAPO) on 31 August 2006.
The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, better known as the Maputo Protocol, guarantees comprehensive rights to women including the right to take part in the political process, to social and political equality with men, improved autonomy in their reproductive health decisions, and an end to female genital mutilation. As the name suggests, it was adopted by the African Union in the form of a protocol to the African Charter on Human and Peoples' Rights in Maputo, Mozambique.
The relationship between the European Court of Justice (ECJ) and European Court of Human Rights (ECtHR) is an issue in European Union law and human rights law. The ECJ rules on European Union (EU) law while the ECtHR rules on the European Convention on Human Rights (ECHR), which covers the 47 member states of the Council of Europe. Cases cannot be brought in the ECtHR against the European Union, but the Court has ruled that states cannot escape their human rights obligations by saying that they were implementing EU law.
Regional human rights regimes are relatively independently coherent human rights sub-regimes that are nested within the larger frame work of International human rights practice. Three principal regional human rights instruments can be identified, the African Charter on Human and Peoples' Rights, the American Convention on Human Rights and the European Convention on Human Rights.
The ECOWAS Court of Justice is an organ of the Economic Community of West African States (ECOWAS), a regional integration community of 15 member states in Western Africa. It was created pursuant to the provisions of Articles 6 and 15 of the Revised Treaty of the Economic Community of West African States (ECOWAS).
The African Court of Justice and Human Rights is an international and regional court in Africa. It was founded in 2004 by a merger of the African Court on Human and Peoples' Rights and the Court of Justice of the African Union. It is the primary judicial agency of the African Union.
The African Governance Architecture (AGA) is a mechanism for dialogue between stakeholders that are mandated to promote good governance and bolster democracy in Africa. In the book entitled The African Union Law Blaise Tchikaya established the link between conceptual platform called AGA and the modernisation of International Law applicable to African states. The AGA is fundamentally one aspect – probably the most significant – of recent international law of governance. Furthermore, it is a key actor in promoting the domestication and implementation of the objectives outlined in the legal and policy pronouncements in the African Union (AU) Shared Values. Established in 2011 AGA is based in Addis Ababa, Ethiopia in the AU Headquarters with the AGA Platform Members based Africa wide. In February 2016 the rules of Procedure on how the AGA legally functions were adopted by Member States during the African Union Summit.
The Council of Europe and the European Union have shared relations since 1992. Almost 180 programmes have been implemented between the two European organisations in areas such as human rights, culture, democracy, and the rule of law.
African Union law is the body of law comprising treaties, resolutions and decisions that have direct and indirect application to the member States of the African Union (AU). Similar to European Union law, AU law regulates the behavior of countries party to the regional body.
Chafika Bensaoula is an Algerian jurist who was elected to the African Court on Human and Peoples' Rights for a six-year term in 2017.