Compendium of documents on National Human Rights Institutions in eastern and southern Africa Edited by Charles M Fombad 2019

Compendium of documents on National Human Rights Institutions in eastern and southern Africa Edited by Charles M Fombad 2019
Author: Charles M Fombad
Publsiher: Pretoria University Law Press
Total Pages: 904
Release: 2019-01-01
Genre: Law
ISBN: 9781920538958

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Compendium of documents on National Human Rights Institutions in eastern and southern Africa Edited by Charles M Fombad 2019 ISBN: 978-1-920538-95-8 Pages: 898 Print version: Available Electronic version: Free PDF available About the publication Africa’s increasing recognition and protection of human rights have been accompanied by a surge in the number of NHRIs established with broad mandates to promote and protect human rights. The mandates and powers of the NHRIs vary from country to country, as does their ability to deliver on these mandates. Indeed, the rapid increase in the number of NHRIs in Africa has come with a variety of substantive and operational challenges. In the face of such challenges, those who work in NHRIs need to understand the broader regional and global context in which the institutions operate and the changing nature of human rights issues. This compendium provides an overview of NHRIs in eastern and southern Africa. It is guided to a large extent by the internationally agreed-upon Principles Relating to the Status of National Institutions, referred to as the Paris Principles. These Principles are broadly accepted as the benchmark against which the legitimacy and credibility of NHRIs can be assessed. Endorsed by the United Nations General Assembly in 1993, the Paris Principles provide NHRIs with guidelines as to their competence and responsibilities, their composition and guarantees of independence and pluralism, and their methods of operation; additional principles relate to the status of commissions with quasi-jurisdictional competence. The generous financial support of the Konrad Adenauer Stiftung, Rule of Law for Sub-Saharan Africa, Nairobi, Kenya office, is gratefully acknowledged. Table of Contents PREFACE INTRODUCTION AN OVERVIEW OF NHRIS IN EASTERN AND SOUTHERN AFRICA THE OMBUDSMAN OF ANGOLA THE OFFICE OF THE OMBUDSMAN IN BOTSWANA THE BURUNDIAN INDEPENDENT NATIONAL HUMAN RIGHTS COMMISSION THE DEMOCRATIC REPUBLIC OF THE CONGO’S NATIONAL COMMISSION ON HUMAN RIGHTS 6 PART B THE SWAZILAND COMMISSION ON HUMAN RIGHTS AND PUBLIC ADMINISTRATION INTEGRITY THE ETHIOPIAN HUMAN RIGHTS COMMISSION THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS THE LESOTHO HUMAN RIGHTS COMMISSION THE LESOTHO HUMAN RIGHTS COMMISSION THE NATIONAL HUMAN RIGHTS COMMISSION OF MAURITIUS THE RWANDAN NATIONAL COMMISSION FOR HUMAN RIGHTS THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION THE TANZANIAN COMMISSION FORHUMAN RIGHTS AND GOOD GOVERNANCE THE ZAMBIAN HUMAN RIGHTS COMMISSION THE ZIMBABWE HUMAN RIGHTS COMMISSION NATIONAL HUMAN RIGHTS INSTITUTIONS IN EASTERN AND SOUTHERN AFRICA: LESSONS AND PROSPECTS FOR THE FUTURE

A Global Handbook on National Human Rights Protection Systems

A Global Handbook on National Human Rights Protection Systems
Author: Bertrand G. Ramcharan,Gianni Magazzeni,Mona M'Bikay,Inès French
Publsiher: BRILL
Total Pages: 1420
Release: 2023-09-29
Genre: Law
ISBN: 9789004535053

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The human rights movement strives to develop a universal culture of human rights in all societies, as well as to confront gross violations. This book, the first ever of its kind, is a veritable State of the World Report on Human Rights. It reproduces summaries by UN High Commissioners for Human Rights on the state of the national human rights protection systems of each UN Member State. These summaries were sent following each state’s passage through the Universal Periodic Review (UPR) process of the UN Human Rights Council. The summaries identify each state’s constitutional, legal, judicial and institutional architecture, international conventions not yet ratified, areas of progress, problem areas, and problems affecting different parts of the population. The High Commissioners’ summaries reproduced here are preceded by insightful reflections on the concept of a national human rights protection system, and by regional outlines of national human rights protection systems in the Americas and the Caribbean, Europe Africa, Asia and the Pacific. The book also contains some case studies of the national human rights protection systems of sample states such as Australia, Bhutan, Brazil, Canada, Democratic Republic of the Congo, Guyana, Portugal, Switzerland, Sweden, and South Africa.

THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS Challenges and Prospects

THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS  Challenges and Prospects
Author: Charles M. Fombad,Nathaniel A Inegbedion,Thulani R Maseko,Lukman Abdulrauf,Tinashe Chigwata,Donald Rukare,Wandisa Phama,Palesa Madi,Makanatsa Makonese,Kamotho Waiganjo,Jane R Serwanga
Publsiher: PULP
Total Pages: 247
Release: 2016-12-30
Genre: Constitutional history
ISBN: 9781920538651

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Natural Resource Sovereignty and the Right to Development in Africa

Natural Resource Sovereignty and the Right to Development in Africa
Author: Carol Chi Ngang,Serges Djoyou Kamga
Publsiher: Taylor & Francis
Total Pages: 329
Release: 2021-08-25
Genre: Nature
ISBN: 9781000433739

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This book explores the nexus between natural resources ownership and the right to development in Africa. The right to sovereignty over natural resources and the right to development are recognised and protected in an extensive framework of international, regional and domestic instruments. They guarantee people's entitlement to fully and freely utilise their natural resources as a means of subsistence and for economic, social and cultural development. Yet, despite the abundance of natural resources in Africa a majority of the people on the continent remain largely impoverished. This book articulates the central argument that to achieve the right to development in Africa requires appropriate governance of the continent’s natural resources to which the people of Africa are guaranteed sovereign ownership. With case study illustrations from Zimbabwe, Ghana, Ethiopia and the Democratic Republic of Congo, chapters explore the normative measures, specific guarantees and community entitlements to natural resources for the realisation of the right to development. The book will be an invaluable guide to scholars and postgraduate students of Natural Resources, Development and African studies as well as policymakers and practitioners in these areas.

Challenged Justice In Pursuit of Judicial Independence

Challenged Justice  In Pursuit of Judicial Independence
Author: Shimon Shetreet,Hiram Chodosh,Helland Eric
Publsiher: BRILL
Total Pages: 588
Release: 2021-08-24
Genre: Law
ISBN: 9789004421554

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The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.

Constitutionalism in Africa

Constitutionalism in Africa
Author: Joseph Oloka-Onyango
Publsiher: Fountain Books
Total Pages: 368
Release: 2001
Genre: Law
ISBN: UOM:39015054275758

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This collection of essays brings together critical and considered responses to matters of constitutionalism in the context of the most recent political evolutions in many African countries. They are concerned with the struggles for progressive constitionalism, and review historical developments and future challenges. Some specific subjects discussed are: pan- Africanism and constitutionalism; culture, ethnicity and citizenship with reference to Ruanda and Senegal; equality, discrimination and constitutionalism in Muslim Africa; gender and affirmative action in post-1995 Uganda; constitution making in Eritrea; and the challenges of antiquated constitutional doctrines and values in Commonwealth Africa. The contributors are prominent scholars in the fields of politics, law and human rights and include Ola Abu Zeid, Antonia Kalu, Ali Mazrui, Oloka-Onyanyo and Sylvia Tamale.

Separation of Powers in African Constitutionalism

Separation of Powers in African Constitutionalism
Author: Charles M. Fombad
Publsiher: Oxford University Press
Total Pages: 500
Release: 2016-03-03
Genre: Law
ISBN: 9780191077920

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The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.

Human Rights Manual and Sourcebook for Africa

Human Rights Manual and Sourcebook for Africa
Author: Keir Starmer,Theodora A. Christou
Publsiher: BIICL
Total Pages: 1486
Release: 2005
Genre: Civil rights
ISBN: 9780903067843

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At a time when the issue of human rights in Africa is making many advances, Human Rights Sourcebook and Manual for Africa introduces easy-to-use jurisprudence. The first section covers key principles and human rights norms which are detailed in straightforward language. The second section is devoted to the death penalty, detailing the relevant provisions from both international and regional instruments and offering a comparative commentary as to how the principles and relevant rights relate to the death penalty. The third section summarizes key case law from international, regional and domestic African courts and tribunals. The case summaries detail the facts and decisions and include a headnote of relevant concepts for quick reference. The fourth section focuses on thirteen African countries, yet the reports are a useful comparative resource for all countries. From conducting the research and compiling the material for this final section, it is apparent that nothing like this has been attempted before in Africa. Much of the work emanates from primary research and investigation conducted by local research teams in the individual countries. Investigative research includes visiting prisons, physically counting the individuals on death row and interviewing the detainees to obtain their age and the length of time they had been on death row.