Investigating the challenges in enforcing international human rights law in Africa : towards an effective regional system

Abstract

This study is entitled ‘investigating the challenges in enforcing international human rights law in Africa: Towards an effective regional system’. It centres around a critical research problem namely: what challenges beset regional enforcement of human rights law in Africa and how can they be addressed to ensure the effective promotion and protection of human rights in the continent? It critically reviews and revisits the discourses and scholarly arguments on the crucial issue of regional enforcement of human rights law in Africa. It traverses through historical epochs in order to explain the origins, scope and evolution of human rights law in Africa. This is done in the quest for answers to questions such as: When and how did Africa’s regional human rights system originate? What factors led to its emergence? Was the concept of human rights recognised in Africa prior to European colonial rule? What is the present status of international human rights in Africa? It therefore lays the foundations for a better understanding of the historical and philosophical origins and evolution of Africa’s regional human rights system. The study then proceeds to review the normative and institutional mechanisms established in Africa to enforce human rights at the regional level. Particularly, it highlights the roles of the African Commission and Court on Human and Peoples’ Rights in the light of their contribution to, and challenges in, the enforcement of human rights in the region. The study concludes with recommendations on the possible ways to invigorate the African human rights system. One of the key findings is that, with appropriate reforms, the system can be more effective.