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Patrick Thornberry

Regional HR protection and indigenous groups 10 The African Charter on Human and Peoples’ Rights; African perspectives on indigenous peoples The strictures of Special Rapporteur Alfonso Martinez concerning the concept of indigenous peoples in Africa and Asia will be recalled. His comments flag up the possibility that indigenousness raises difficult questions for African States, most of which are relatively recent beneficiaries of the decolonisation movement, and governed by indigenous political élites. African States, according to one author, represent a mixture

in Indigenous peoples and human rights

This book is a full-length study of the rights of indigenous peoples in international law, focusing in particular on instruments of human rights. The primary reference point is contemporary law, though the book also examines the history of indigenous peoples through the lens of historical legal discourses. The work critically assesses the politics of definition and analyses contested definitions and descriptions of indigenous groups. Most of the chapters are devoted to detailed examination of existing and emerging human rights texts at global and regional levels. Among the instruments considered in the book are the International Covenants on Human Rights, the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Racial Discrimination, the African Charter on Human and People's Rights, and the ILO Conventions on Indigenous and Tribal Peoples.

International human rights law
Matthew Happold

African Charter on the Rights and Welfare of the Child, also includes provisions on child-soldiering. The CRC In contrast to the two APs, the CRC does define what a child is. A child is a ‘human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier’. 1 The general age of majority is 18. National law has only a subsidiary

in Child soldiers in international law
Abstract only
Kathryn Nash

for years, and the combination of the negative impact of the events of the 1970s, damage to African interests, and the advocacy of leaders led to reforms. Following the 1979 OAU Summit, the member states pushing for reform were strengthened, and the proposed reforms that were being considered at ministerial levels sped up. 26 Three examples of the reforms in the 1980s are the first multilateral peacekeeping force in Africa, the proposal to establish an OAU Political Security Council, and the adoption and ratification of the African Charter on Human and Peoples

in African peace

The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).

Math Noortmann
Luke D. Graham

Entry into force No. of parties Individual right to complain State complaint Reporting requirement Right of investigation African Charter on Human and

in The basics of international law
From theory to advocacy
Andrea Boggio
Cesare P. R. Romano

knowledge’ (art. 38). In Africa, the Charter of the African Union (1963) identifies scientific and technical cooperation as essential for meeting its goals (art. II (2)), and the Protocol on the Rights of Women in Africa of the African Charter on Human and Peoples’ Rights (2003) requires states to take specific measures to promote education and training for women, particularly in the fields of science and technology (art. 12 (2)(b)). In the Arab world, the Arab Charter on Human Rights (2004) recognises the right of everyone ‘to take part in cultural life and to enjoy the

in The freedom of scientific research
Matthew Happold

representative for a rather larger number of States than would wish to identify themselves publicly) received assurances that ILO Convention 182 solely covered compulsory and forced conscription and had no implications for other forms of military service. With the exception of the African Charter on the Rights and Welfare of the Child, which as a regional rather than a global treaty merely proves the rule, all of the

in Child soldiers in international law
Abstract only
Prophet of Pan-African Integration
Afeikhena Jerome

thrust of AAF-SAP, therefore, was that, though desirable and even inevitable, structural adjustment must be accompanied by policies and programmes that could ensure structural transformation which would help overcome the deficiencies and peculiarities of African economies. The last of these documents was the “African Charter for Popular Participation in Development and Transformation”, which was adopted by the participants of the International Conference on Popular Participation in the Recovery and Development Process in Africa, held in

in The Pan-African Pantheon
Alain-Guy Sipowo

inquire about the human rights performance of private persons. The African Charter on Human and Peoples’ Rights provides that every individual shall have duties. 50 A teleological interpretation of the notion ‘individual’ should allow this term to be read as ‘private persons’ and to include corporations and thus investors. The duties of the individual are owed to other individuals

in African perspectives in international investment law