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The African Charter on Human and Peoples’ Rights Volume 2

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Landmark study of the African Charter on Human and Peoples' Rights. Documents on one side the international community's inability to foist a human rights system upon Africa and on the other the pro...
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  • 17 October 2023
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Landmark study of the African Charter on Human and Peoples' Rights. Documents on one side the international community's inability to foist a human rights system upon Africa and on the other the process within the OAU (now African Union) that eventually brought it into being and determined its content.

The African Charter on Human and Peoples' Rights (ACHPR), which was proposed in 1979, adopted in 1981 and came into effect in 1986, was the first non-Western declaration of human rights and the first official statement of an African human rights perspective. With Africa largely absent in 1948 when the Universal Declaration of Human Rights (UDHR) was adopted, it stands in stark historical reproach to the Western conception of universal human rights as a pivotal document in the decolonisation of the continent. This book, for the first time, presents a comprehensive account of the development of the ACHPR, which is key to a proper understanding of its fundamental nature. Through documenting its process of construction, it becomes possible to understand how Africans themselves understood the process and the issues involved and how the ACHPR became a political text asserted by African leaders and not a continuum of a so-called universal human rights tradition. The result is a radical repositioning of the underlying context of the ACHPR, one of the most important documents in modern African history, of how it came to be and how it should therefore be understood.

Volume 2 describes the process through which the ACHPR came into being. Analysing the role of Western governments, the UN and NGOs, it shows that, contrary to the prevailing view of African human rights commentators, their influence was limited and at times counter-productive. That, in fact, the formulation of the ACHPR was a profoundly political process that was primarily a product of an African desire to instigate its own human rights perspective as a counter to the human rights universalism advanced by the Western post-war human rights tradition.
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Price: $140.00
Pages: 526
Publisher: Boydell & Brewer Inc.
Imprint: James Currey
Publication Date: 17 October 2023
Trim Size: 9.21 X 6.14 in
ISBN: 9781847013545
Format: Hardcover
BISACs: HISTORY / Africa / General, African history, POLITICAL SCIENCE / International Relations / General, POLITICAL SCIENCE / Human Rights, International relations
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This is a work of major importance. Rubner has conducted interviews with many key players (most now deceased) and has made good use of much hitherto unused archival material in Addis Ababa and Dakar. It is certain that the Charter's origins can never be understood in the same way again. These volumes are essential for anyone interested in the subject.
Introduction

PART THREE: THE INFLUENCE OF OUTSIDERS
1. The outsiders - Western governments, the UN and NGOs
Western governments - The USA, UK and France
The United Nations
Non-Governmental Organisations
The International Commission of Jurists (ICJ)

PART FOUR: THE POLITICAL PROCESS
2. The Insiders - the Political Process of the ACHPR
The Commonwealth human rights initiative
The gestation and birth of Decision 115
The 1979 UN Monrovia Seminar
The drafting process
Postscript: Ratification, implementation and compliance

3. The Text
Title
Preamble
Part I Rights and Duties
Part II Measures of Safeguard
Part III General Provisions

Conclusion

APPENDICES
Appendix 1: The OAU Charter
Appendix 2: The ACHPR