Pretoria University Law Press (PULP)

PULP is an open-access publisher based at the Centre for Human Rights, University of Pretoria

Human Rights, Peace and Justice in Africa: A Reader

Human Rights, Peace and Justice in Africa: A Reader
Edited by Christof Heyns & Karen Stefiszyn
2006
ISBN:  0-9585097-4-3
Pages: 432
Print version: Available
Electronic version: Free PDF available

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About the publication

This Reader contains materials on human rights, peace and justice relevant to Africa, extracted from academic writings, reports from the United Nations and non-governmental organisations, speeches, official documents, national constitutions and human right cases. Where possible, material from Africa has been selected.

The Reader is part of an evolving Series on Peace and Conflict in Africa published by the United Nations-affiliated University for Peace (UPEACE). The main objective of the Series is to make material which can be used by African universities in courses dealing with issues of peace and conflict readily accessible to lecturers, students and researchers. In this particular Reader material of relevance to the relationship between human rights and peace and security is included.

This Reader is a joint publication of the Africa Programme of the United Nations-affiliated University for Peace and the Centre for Human Rights of the University of Pretoria. It can be used in conjunction with other publications in the Series, particularly the Compendium of Key Human Rights Documents of the African Union and the Compendium of Key Documents relating to Peace and Security in Africa.

About the editors:

Prof Christof Heyns is Dean of the Faculty of Law at the University of Pretoria.
Karen Stefiszyn is Project Officer, University for Peace: Africa Programme and Programme Manager: Gender Project, at the Centre for Human Rights, University of Pretoria.

 


Table of Contents

Introduction
Glossary of Terms
Acronyms

SECTION 1 - HUMAN RIGHTS IN AFRICA
A. THE CONCEPT AND LANGUAGE OF HUMAN RIGHTS AND RELATED IDEAS

  • Introduction to the concept of human rights
    Shestack, The philosophic foundations of human rights
    Heyns, A ‘struggle approach’ to human rights
  • Human rights in Africa
    Cobbah, African values and the human rights debate: An African perspective
    Eze, Human rights issues and violations: The African experience
    Zeleza, The struggle for human rights in Africa
    Address delivered by Leopold Sedar Senghor
    Mutua, The Banjul Charter and the African cultural fingerprint
    Kiwanuka, The meaning of ‘people’ in the African Charter
  • Economic, social and cultural rights
    Agbakwa, Reclaiming humanity
    Howard, The full–belly thesis
  • The relationship between conflict and human rights
    Parlevliet, Bridging the divide
    Nathan, The four horsemen of the apocalypse
  • Criticism of the concept of human rights
    Pollis and Schwab, Human Rights: A Western construct with limited applicability
    Donnelly, Cultural relativism and universal human rights
    Chinkin, Charlesworth and Wright, Feminist approaches to international law
    Kennedy, The international human rights movement: Part of the problem?
    Bielefeldt, Muslim voices in the human rights debate
  • Democracy and good governance
    Tomuschat, Human rights
  • Positive peace and human security
    Galtung, Violence, peace and peace research
    Report: Commission on Human Security
    Annan, Peace and development — one struggle, two fronts
    Annan, In larger freedom
    UNDP Human Development Report 2005
    International Crisis Group, HIV/AIDS as a security issue
  • International Humanitarian law
    Pejic, Humanitarian law and human rights in armed conflict

B. MECHANISMS FOR REALISING HUMAN RIGHTS AT THE DOMESTIC LEVEL

  • Constitutional protection
    An–Na’im, Possibilities and constraints of the legal protection of human rights under the constitutions of African countries
    Constitution of the Republic of Ghana
    Constitution of the Republic of Cameroon
    Udombana, Interpreting rights globally: Courts and constitutional rights in emerging democracies
    An–Na’im, The legal protection of human rights in Africa: How to do more with less
  • The role of international human rights law in domestic courts
    Adjami, African courts, international law, and comparative case law
  • International human rights law in Nigeria
    Section 12(1) of the 1999 Nigerian Constitution
    Section 1 of Cap 10 of the 1999 Nigerian Constitution
    Abacha and others v Fawehinmi
  • The role of the judiciary in the implementation of economic, social and cultural rights
    An–Na’im, To affirm the full human rights standing of economic, social and cultural rights
    Constitution of South Africa, Section 26
    The Government of South Africa v Grootboom and others
    Budlender, Justiciability of socio–economic rights: South African experiences
  • The role of national human rights institutions
    Human Rights Watch, Protectors or pretenders?
    Government human rights commissions in Africa
    Human Rights Watch, Ghana: Working with NGOs and traditional chiefs on women’s rights
  • The role of civil society
    Welch, The ‘NGO revolution’
    Odinkalu, Why more Africans don’t use human rights language
    The Kampala Declaration on Strengthening the Human Rights Movement in Africa

C. MECHANISMS FOR THE ENFORCEMENT OF HUMAN RIGHTS AT THE INTERNATIONAL LEVEL

  • Human rights in the United Nations
    Smith, The United Nations system of human rights protection
    Committee on the Elimination of Discrimination Against Women
  • The African regional human rights system
    Heyns and Killander, The African human rights system
    Report of the retreat of members of the African Commission
    Viljoen, Recent developments in the African Regional Human Rights System
    Motala, NGOs in the African system
  • The importance of international law
    Heyns and Viljoen, The impact of the United Nations human rights treaties on the domestic level
    Cassel, Does international law make a difference?

SECTION 2 — CONFLICT IN AFRICA

A. CAUSES OF CONFLICT IN AFRICA

  • Annan, The causes of conflict and the promotion of durable peace and sustainable development in Africa
    Cilliers, Human security in Africa: A conceptual framework for review
    UNDP, Human Development Report 2005
    Adejumobi, Citizenship, rights, and the problem of conflicts and civil wars in Africa
    Renner, The anatomy of resource wars
    Menkhaus, A ‘sudden outbreak of tranquillity’: Assessing the new peace in Africa

B. APPROACHES TO PEACE IN AFRICA

  • Traditional conflict resolution
    Mazrui, Toward containing conflict in Africa
    Malan, Conflict resolution wisdom from Africa
    Tuso, Indigenous processes of conflict resolution in Oromo society
    Osaghae, Applying traditional methods to modern conflict
  • Regional conflict resolution
    Kindiki, The normative and institutional framework of the African Union
    Statement of commitment to peace and security in Africa
    Moni, The UN report on Darfur: What role for the AU?
    Report: The infrastructure of peace in Africa:
    Assessing the peacebuilding capacity of African institutions
  • International conflict resolution
    Ghalt, An agenda for peace
    Annan. ‘We the peoples’: The role of the United Nations in the 21st century
    Report: The responsibility to protect
    Louis, Inconsistency and the tragedy of Africa’s neglect
    Feil, Preventing genocide

C. WOMEN AND PEACE

  • Beijing Platform for Action
    United Nations Security Council Resolution 1325
    Heyzer, Women, war and peace
    Awad, Transition from war to peace in Sudan

SECTION 3 — TRANSITIONAL JUSTICE

A. WHAT IS TRANSITIONAL JUSTICE?

  • Boraine, Transitional justice
    Goldstone, Justice as a tool for peacemaking 369
    Mamdani, When does reconciliation turn into a denial of justice?

B. APPROACHES TO TRANSITIONAL JUSTICE 383

  • Wierzynska, Consolidating democracy through transitional justice: Rwanda’s gacaca courts
    Habimana, What does ‘international justice’ look like in post–genocide Rwanda?
    Graybill, Pardon, punishment, and amnesia: Three African post-conflict methods
    Freeman and Hayner, Truth-telling
    Minow, Truth commissions
    Slye, The International Criminal Court
    UN Press Release, International Criminal Court judges embody our collective conscience
    Economist, Hunting Uganda’s child-killers: Justice versus reconciliation
    Amnesty International, Sierra Leone: Ending impunity and achieving justice
    Juma, The role of the African Union machinery in promoting gender justice in post–conflict societies

Acknowledgents
Profiles
Organisations
Editors

 


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