Sunday, December 8, 2019

Human Rights Law Members of Organization

Question: Describe about the Human Rights Law for Members of Organization. Answer: The African Charter on Human and Peoples Rights, which is called as Banjul Charter, was given approval on 27 June 1981 and it started working from 21 October 1986. It has been accepted by 53 States members of Organization of African Unity (OAU). In order to make a human right system which is regional, the African Charter has followed the Inter-American and the European system. The Charter has many unique features regarding the norms that it acknowledge though there are many characteristics that are similar to other regional charter. The African Charter is unique as it has given more importance on right of the people which shows social traditions of collective and group life of Africa. A single member of any class or group is always inferior to the group and is not considered to be independent. These groups have some rights and the individuals have duties towards the concerned groups. Therefore, the Charter stipulates individuals rights and duties. The Charters preamble speaks about t he removing of Zionism, i.e., political movement of the Jews and Jewish culture that is to be compared with Colonialism which means the policy of making control over one country by a superior country in order to make it a colony, which has been faced by Africa in the past[1]. Analysing the position of the African Commission on Human and Peoples Rights: A Commission has been established by the Charter to encourage right of the people and look after their protection in Africa. The said Commission shall be consisting of eleven members who are selected from the people of the highest authority in Africa and special consideration is given to persons having legal knowledge[2]. If any party to the Charter has some good cause and facts to believe that any other Party have derogated the provisions mentioned in the Charter, it may notify the fact to that State in writing. This communication should be also notified to the Chairman of the Commission and also to the Secretary-General of OAU. The concerned State to which the communication has been made has to provide written explanation to elucidate the matter in question. The explanation should include all the possible and relevant information which is related to the rules and laws that are applicable and the remedy provided. If the issue is not settled with full satisfaction between the two parties within three months from the date when the communication was received by the answering State, the either state has the right to report the concerned matter to the Commission through its Chairman and will provide notice to the other State[3]. If any Party to the Charter have the opinion that any other Party has insulted the provisions, the matter can be referred to the Commission directly by making the notification to the Chairman, to the Secretary-General of the OAU and the concerned State. The matter is solved by the Commission when all the remedies that can be provided by the party itself have been used. At the time of considering the matter, the Commission may ask for all relevant information from the State. The concerned State can submit written or oral representation before the Commission. After receiving all the relevant information from the State concerned and from all other sources and after trying to reach to a friendly solution in terms of rights of the people, the Commission within a proper period of time shall make a report which will state the facts and findings. This report is to be sent to the concerned States and also will be notified to the Assembly of Heads of States and Government. Any useful recommend ations can also be made by the Commission while transmitting the report[4]. A list of various communications shall be made by the Secretary of the Commission and is passed to the members to the Commission, who determines which particular communication is to be taken into account. The communication that is taken into account is determined by the decision taken by the majority of the members. A communication is considered if they coexists with the Charter of the OAU, is not depends on the news that are differentiated by the media, should not deal with the cases that are already referred to and settled by the States that are involved according to the provisions of the United Nations Charter or the OAU. Prior to any substantiating consideration, the Chairman of the Commission should pass all the communications to the particular State[5]. After deliberation, if the Commission thinks that a single communication or more than one communications seems to be related to some special situations which disclose the presence of massive derogation of right of the people, shall bring it to the notice of the Assembly of the Heads of State and Government. The Government and Assembly of the Heads of State after getting the notice can ask the Commission to go through a deep study regarding these situations and frame a report based on the facts, including its findings and recommendations. It is to be noted that individuals and inter-State complaints are automatically accepted by the Commission after it is ratified by the African Charter. The measures that are taken are to be kept in confidence till the Assembly of Heads of State and Government thinks fit. The distinction between the limitations and derogations within the human rights discourse: In the African Charter of Human and Peoples Rights, there are certain rights and duties of the individuals that have been mentioned in the Chapter I Part I and Chapter II respectively. Some of the rights mentioned are equality before law, right to receive information, right to have freedom of association and movement, right to property, right to respect for his life, right to education etc. Some of the duties that have been mentioned in the Charter are that every individual has his duties towards the society and his family as well as the State or international communities, an individual has the duty to serve his nation, to promote African unity etc. It is the duty of the State parties to encourage and protect through educating, teaching and publishing the rights and duties to the individuals. It is the duty of the State to look after the freedom of the courts in order to protect the above rights and freedoms[6]. Therefore, the rights and the duties are the limitations of the individuals that have been provided by the Charter with keeping in mind the human psychology and requirement. All the individuals including the State will have to act accordingly. Whereas, the derogation mean the violation or insulting of the provisions mentioned in the Charter which is considered as unlawful unless it has been done reasonably in course of some public emergency. Any individual or the State will have to provide proper reason for the derogation made by them[7]. Bibliography: Achpr. (2016). African Charter on Human and People's Rights. Retrieved November 22, 2016, from Achpr. (2016). African Commission on Human and People's Rights. Retrieved November 22, 2016, from Ihrda. (2012, October). African Commission on Human and Peoples Rights (ACmHPR). Retrieved November 23, 2016, from Ihrda: Ijrcenter. (2012). African human rights system. Retrieved November 23, 2016, from Ijrcenter: Internationalhumanrightslaw. (2015, September 30). Limitations, exception and derogations. Retrieved November 23, 2016, from Internationalhumanrightslaw: Leganet. (2016). Protection of Human Rights in Africa. Retrieved November 22, 2016, from Opensocietyfoundations. (2013, June). African Commission on Human and Peoples Rights. Retrieved November 23, 2016, from Opensocietyfoundations:

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