°African system :
-African charter on human and people rights : adopted in 1981 : in force 1986.
This charter established a system for the protection and the promotion of human rights and this system was design to fonction within the institution of Framework with the organisation of African Union : this organisation is a régional intergovernmentalorganisation which came into being in 1963.
The Charter created the African commission of human and people rights and this commission is the principle régional human rights mechanism.
This commission sits in Bunjul (Gambia) : Bunjul commission.
There is 11 members in this commission.
-In 2001 the organisation of the African Union (OAV) was replaced by a new organisation which is calledthe African Union and the African Union assumes the responsabilities, has to promote human rights in accrodance with the African Charter.
-July 2008 : a new instrument was adopted in order to provide a new treaty, instrument providing for a création of a new african court of justice and human rights. But at the end of 2008, the African court of justice hadn’t start to give cases.
RIGHTSAND DUTIES :
The African charter is quiet different from the European charter :
-The African charter promotes not only rights but also duties.
-The African charter codifies people as well as individual rights.
-In addition to civil and political rights, the african charter protects economics, social and cultural rights.
-Permits the States to impose very extensive restriction on the exercicethe rights it proclames.
But we could say that the provisions of the African Charter reflect the influence of the HR instrument but in occordance with the African traditions.
The African traditions are garanted in the préambule of the charter : as an introduction.
°Which are the rights garanted by this charter ? art 2.8
Countains a broad non dicrimination clause and an equal protectionclause.
-Right to life.
-Prohibits slavery/torture/cruel, inhuaman or degrading treatment.
-Bars arbitred arrest and détention.
-Wants to preserve the due proces of law.
-Freedom of concience and religion.
-Right to receive information and to express ones opinion.
-Freedom of moovement.
-Right to live any country and to return to your own country.
-Prohibits massiveexpulsion of non nationals. (provision 12.1/2/5).
-Right to property.
-Right to work : equal remunaration for equal work.
-Right to éducation. (art 17.3)
-Art n°18 : the family is the national unit and bases of the society.
--) Then has adopted additional older HR regional instrument.
-In 2005 : they adopted a new protocole « the african charter and the rights of woman in the Africansystem ».
-In 1999 : they adopted the « african charter of the rights of the child ».
-1964 :The convention governing the specific aspects of the refugees pb in Africa.
INTERNATIONAL HUMANITARIAN LAW :
Humanitarian law : brance which derives from the law of war. Is the humanitarian lw an intégral part of international law of HR ? Is it aspecific branche of the inetrnational law or is it an intégral part of international law of human rights ?
It is at the intersection of international law of war and Intern law.
The Relationship between Humanitarian law and the émergence of inetrnational criminal law is incresingly important. There is a big connection between international law and criminal law.
The massive violation on HR areconsiderated as serious violations of humanir-tarian law. As war crimes they are considered as a prosecution at the international and dometic level. And appart from the second war tribunals : Nuremberg and tribunal of tokyo one no other court existed over war crimes until the ad oc tribunals for the former yougoslavia 1993 and the Rwanda 1994 : first to be able to judge massive violations of HR....