Critical Analysis Of The African Human Rights System

            <u>INTRODUCTION : WHAT ARE HUMAN RIGHTS ?</u>

Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin,

colour

, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.[1] Those fundamental rights, which empower human beings to shape their lives in accordance with liberty,

equality

and respect for human dignity. The focus of human rights is on the life and dignity of human beings. Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary international

law ,

general principles and other sources of international law.[2] International human rights law lays down obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.[3] It is expected that human rights should be Universal & Inalienable, Interdependent & Indivisible, Equal & Non-Discriminatory.

The Universal Declaration of Human Rights (UDHR) is generally agreed to be the foundation of international human rights law. Adopted in 1948, the UDHR has inspired a rich body of legally binding international human rights treaties. It continues to be an inspiration to us all whether in addressing injustices, in times of conflicts, in societies suffering repression, and in our efforts towards achieving universal enjoyment of human rights.[4]

THE ORGANIZATION OF AFRICAN UNITY

Africa is the world’s second-largest & second-most populous continent. Although it has abundant natural resources, it remains the world’s poorest & most under developed continent. The result of a variety of causes that may include corrupt governments that have often committed serious human rights violation, failed central planning, high levels of illiteracy, lack of access to foreign capital, and frequent tribal & military conflict ( ranging from guerrilla warfare to genocide). The Organisation of African Unity (OAU), established on 25 May 1963, was the culmination of a number of diverse and far-reaching historical currents and political trends both on the African continent and abroad. [5]  Of particular import to the ideological formation of the OAU was the late 19th century Pan-Africanist movement which emerged in the United States of America (USA) among Black American intellectuals.[6] The sentiment among these intellectuals centred on the belief that in order for black civilization to prosper, it was necessary to establish their own nation free from the USA where they would be able to pursue self-determination with dignity.[7]

Thus, between 22 and 25 May 1963, delegates from 32 African countries convened in the Ethiopian capital of Addis Ababa to establish the Organisation for African Unity (OAU), intended to form the continental base for pan-Africanism but resulting in a watered-down compromise between competing ideological blocs.  At the outset, then, complete unification seemed unattainable. The divisions rendered the construction of a union government based on a consensus of structural, military and political institutions untenable.  The OAU was thus founded with the intention that the organisation would proceed, incrementally, with unification until the eventual goal of a Union of African States was realised. [8]

OBJECTIVES :

• Promote unity and solidarity of the African states
• To coordinate and intensify their cooperation and efforts to achieve a better life for the peoples of Africa,
• To defend their sovereignty, their territorial integrity and independence,
• To eradicate all forms of colonialism from Africa, and
• To promote international cooperation, having due regard to the Charter of the United Nations and the Universal Declaration of Human Rights[9]

This was to be achieved by calling on member states to recognise :-

1. The sovereign equality of member states,
2. Non-interference in the internal affairs of each state,
3. Respect for the sovereignty and territorial integrity of each state and its inalienable right to independent existence,
4. Peaceful settlement of disputes by negotiation,
5. Unreserved condemnation, in all its forms, of subversive activities on the part of neighbouring states or any other states,
6. Absolute dedication to the total emancipation of the African territories which were still dependent, and
7. Affirmation of a policy of nonalignment with regard to all other blocs.[10]

On May 25, 1963 in Addis Ababa, Ethiopia, the 32 African states that had achieved Independence at that time agreed to establish the OAU. A further 21 members joined gradually, reaching a total of 53, as South Sudan joined African Union on 9th July 2011and hence became the 54th member.

STRUCTURE :

Independence was a pre-condition for attaining a membership status in the OAU, although policies of the organisation were not legally binding on member states.  The Assembly of Heads of State and Government acted as the executive body of the OAU which met annually and directed OAU policy.  The Assembly acted as the supreme organ aimed at discussing African concerns, integration and the harmonisation or the OAU’s policies and functions.[11]

The Council Of Ministers, consisting of foreign ministers designated by each member state, met biannually and was accountable to the Assembly.  The function of the Council centred on preparing matters of concern for discussion at Assembly meetings. The Council was also responsible for implementing decisions of the Assembly and the coordination of member state cooperation.[12]

The OAU structure also included a Secretariat headed by an appointed Secretary General.  Article XVII of the OAU Charter made it abundantly clear that the Secretariat and the Secretary General were to remain objective and accountable only to the OAU, uninfluenced by member states and their respective governments.[13]

In an attempt to address the potential for inter-state disputes, the OAU Charter provided for the establishment of a Commission of Mediation, Conciliation and Arbitration which would allow for the peaceful settlement of disputes among members of the Organisation.[14]

A further allowance (Article XX) was made for the establishment of Specialized Commission through the Assembly, which included an Economic and Social Commission, an Educational, Scientific, Cultural and Health Commission, and a Defence Commission.[15]

The OAU also established a Liberation Committee tasked with assisting liberation movements in Mozambique, Angola and Guinea Bissau through the provision of material assistance.[16]

Although the OAU, at the time it was founded, placed special emphasis on fighting colonialism, racism & apartheid[17], its charter makes no mention whatsoever of human rights. In those days, political decision makers in Africa were quite concerned that their states be granted the Right to Self-Determination from all European colonial powers, however they were not inclined to take this right further than a political independence. They did not grant their own people’s the right to self determination, nor did they allow African people any individual rights within these new states that might be enforced by regional monitoring bodies. Instead, they seemed to be of opinion that by abolishing colonialism & apartheid they would automatically guarantee individual Human Rights as well.

ACHIEVEMENTS :

One of the OAU’s greatest achievements was the assistance it provided to liberation movements, to which the organisation afforded Associate Member and observer status.  Article II (1)d of the OAU’s Charter, which states the intention “to eradicate all forms of colonialism from Africa,” was perhaps the organisation’s most successful venture, restoring territorial integrity to many formerly-colonised states.[18]

A further achievement of the OAU was its encouragement of the development of regional economic communities such as the Economic Community of West African States (ECOWAS), the South African Development Coordinating Commission (SADCC), the North Africa-Greater Area Free Trade Area and the Central Africa-Economic Community of the Great Lakes Countries.  Eventually, attempts at creating a continental body for economic development led to the establishment of the African Economic Commission through a treaty signed in Abuja, Nigeria in 1991.  The Abuja Treaty contained a blueprint for full continental economic integration which was to be achieved in 34 years (by 2018/2019), although at the time of writing (2015), prospects for this appear bleak.[19]

In terms of social achievements, the OAU facilitated the unification of trade unions through the establishment of the Organisation of African Trade Union Unity (OATUU) and promoted youth organisations to further the leadership potential on the continent.  The OAU also attempted to deal more concretely with the issue of refugees by adopting the 1969 African Convention on Refugees and the African Charter on Human and People’s Rights in 1981, which dealt with asylum and the obligation of states to provide asylum-seekers with at least temporary refuge.   However, the Refugee Convention never filtered down to national legislation and has thus remained mostly ineffective.[20]

CHALLENGES :

In the aftermath of colonialism, many African states were ravaged by economic crises brought about by a plethora of internal and external influences.  Poor policy advice, resource deficiencies and a lack of institutional and physical infrastructure together with corruption, political instability and rampant underdevelopment served to hamper much of the socio-economic development pursued by the OAU. [21]

Sadly enough, the most serious & systematic violations of human rights were committed.

• REGIME OF IDI AMIN IN UGANDA: Idi Amin Dada was the 3rd president of Uganda, ruling from 1971 to 1979. Amin joined the British Colonial regiment the King’s African Rifles in 1946, serving in Kenya & Uganda. Eventually, Amin held the Rank of Major general in the Post-Colonial Uganda army & became its Commander before seizing power in the military Coup of January 1971, deposing Milton Obote. He later promoted himself to Field Marshal while he was the head of state. Amin’s rule was characterized by Human Rights abuses, political  repression, ethnic persecution, extra judicial killings, nepotism, corruption & gross economic mismanagement. The number of people killed as a result of his regime is estimated by the International Observers & Human Rights groups to range from 100,000 to 500,00.
• REGIME OF JEAN BEDEL BOKASSA IN CENTRAL AFRICAN REPUBLIC : Bokassa was a military officer & later became the president of Central African Republic (CAR) by using his position to oust David Dacko, who was his distant cousin and declared himself the president in 1966. He then began a reign of terror, taking all important government posts for himself. He personally supervised judicial beatings and introduced a rule that thieves would have an ear cut off for the first two offences & a hand for the third. In 1976, he had hundreds of school children arrested for refusing to buy uniforms from a company owned by one of his wives. Bokassa was reported to have personally supervised the massacre of 100 children of the school children by his Imperial Guard. He even practically bankrupted the country for his coronation ceremony.

The above two regime shows how OAU failed in protecting the human rights of the peoples of Africa. A further major challenge for the OAU was the fact that its deference to state sovereignty affected the Organisation’s efficacy in preventing and stemming conflict in its member states.  The OAU’s impenetrable respect for sovereignty and territorial integrity came at a cost; emerging dictatorships,

coups

and counter coups exacerbated political instability.

This lack of enforcement capabilities meant that the OAU could not enforce member state compliance with any of its decisions, instead relying solely on wavering political will.  Internal divisions meant that any attempts at organising a reactive and cohesive response to crises were limited, if not impossible due to their non-intervention stance.  Due to a requisite two-thirds consensus on all resolutions,

fractionalisation

further complicated the resolution of pressing issues.  Therefore, when the continent collapsed into a plethora of intrastate wars and insurgencies following the fall of the Soviet Union, the OAU was rendered largely redundant.[22]

DISSOLUTION OF OAU :

With the battle for independence more-or-less won, attention was turned to Africa’s economic overreliance on former colonial powers, which was perceived to be the root cause of the continent’s poverty.  The OAU was forced to recognise its own inadequacies not only in terms of facilitating economic development, but also with respect to addressing Africa’s continual and seemingly intractable conflicts, for which its own Charter was to blame.  The Organisation had made little attempt to prevent the fractionalisation of member state groupings which had been responsible for infighting within the OAU, and by the time the Organisation was dissolved in 2002 it had become, in the eyes of its critics, “an elite club of leaders largely cut off from their people,” protecting kleptocrats and dictators.[23]

At the 35th OAU Summit of Heads of State and Government held in Libya, talks began of reforming and reconceptualising the OAU.  Libyan President, Muammar Al Gaddafi, called on the OAU to convene its fourth extra-ordinary session which would further consider the reformation of the OAU into a more capable and less constrained African Union (AU), which came into force in 2002.[24]

AFRICAN UNION

The OAU’s limited Charter, together with its failure to stem the tide of civil wars and emerging dictatorships, eventually overburdened the institution, and in 2002 the African Union (AU) was established as its successor.[25]  The AU, while retaining much of the ideology of its predecessor, would be created with an eye to addressing shortcomings of the OAU while still promoting continental unity and a united front for Africa.[26] Through the 1990s, leaders debated the need to amend the OAU’s structures to reflect the challenges of a changing world. In 1999, the OAU Heads of State & Government issued the Sirte Declaration[27] calling for the establishment of a new African Union. The vision for the Union was to build on the OAU’s work by establishing a body that could accelerate the process of integration in Africa, support the empowerment of African States in the global economy & address the multifaceted social, economic, & political problems facing the continent.

STRUCTURE : ORGANS OF AU

• TheAssembly, comprising of Heads of State and Government, acts as the supreme organ of the AU and meets annually.  The Assembly is responsible for determining common policies, membership, and the establishment of institutions.  The responsibility of deciding on matters of intervention rests with the Assembly. In comparison to the OAU, the AU Assembly possesses legal capacities to impose sanctions on members who do not comply with AU policies.[28]
• TheExecutive Council, comprised of foreign ministers, is tasked with determining policies of common interest to member states such as trade, industry, resources, infrastructure and science and technology.  Decisions are taken through a two-thirds member state majority.[29]
• TheAU Commission is the third organ of the AU, appointed by the AU Assembly to act as a secretariat to the Assembly, preparing documents and agendas.[30]
• Inaugurated in March 2004, thePan African Parliament was established to act as an oversight body to the executive functions, and to ensure grassroots participation and input of civil society (CSO) and non-governmental organisations (NGO).  While the intention is for the PAP to become a fully legislative body, at present it is only able to exercise advisory powers through making recommendations and promoting the collective aims of the AU.[31]
• Permanent representatives of AU member states form the Permanent Representatives’ Committee, which is responsible for preparing work of the executive and acting as an advisory body. The Representatives also facilitate dialogue between member state capitals and the AU Commission.[32]
• The AU further makes use of Specialised Technical Committees which are involved in the preparation and oversight of projects relevant to their areas of specialisation.  The Technical Committees are comprised of seven committees with unlimited membership, including committees on agriculture, finance, trade and immigration, science and technology, transport and infrastructure, health, and education.[33]
• The provision for a Court of Justice was adopted in 1998 and established via Article 1 of the Protocol to the African Charter on Human and People’s Rights on the Establishment of an African Court on Human and People’s rights. The jurisdiction of the court extends to cases submitted which involve the interpretation and implementation of the Protocol, and can include interstate disputes and the defence of human rights.  Thus far, only 26 states have ratified the Protocol.[34]

ACHIEVEMENTS :

• Democracy & Good Governance – Unlike its predecessor, the AU has taken initiative to promote democracy and good governance.  Its Constitutive Act states the AU’s aim, under Article 3(g), to “promote democratic principles and institutions, popular participation and good governance,” and nearly all institutions and organs of the AU reflect this goal. [35]
• Economic – Established as a means to correct the flaws in its predecessor, the AU has reconsidered its objectives to reflect the concerns of postcolonial Africa.  Among those concerns was the imperative to counter low economic growth brought about by over-reliance on neo-colonial trade with America and Europe through establishing intra-continental trade which would, theoretically, strengthen Africa’s entry into the global economic system. The New Economic Partnership for African Development (NEPAD), the brainchild of former South African PresidentThabo Mbeki, has been instrumental in assisting economic integration as well as Africa’s entry into the global economy from which it has been perpetually excluded and marginalised.[36]
• Peace & Security – Article 4 of the Constitutive Act indicates a major shift from the OAU which stressed state sovereignty, to the enshrined ability of the AU to intervene in a member state under grave circumstances.  Of particular import is Article 4(h) and more recently, 4(j) which allows for AU intervention under the circumstances of genocide, war crimes and crimes against humanity, and affords member states the power to request intervention in order to restore peace and security. Nevertheless, the AU in partnership with international bodies such as the UN has made strides towards managing the multiple conflicts and insurgencies in Africa. Notably, the AU has played a major role in mitigating post/electoral violence in Kenya and the Ivory Coast, and has undertaken a number of hybrid missions together with the UN. The AU frequently sends observer missions to monitor elections in member states under the African Charter on Democracy, Elections and Good Governance (2007).[37]

MAJOR IMPEDIMENTS :

• While the OAU has attempted to address the need for peace and security on the continent through the notion of a security community, it has thus far failed to do so adequately due to the lack of regional integration on the continent.  Economic integration – required for effective regional integration – has fared poorly due to a number of reasons such as foreign aid dependency, a lack of political will, overlapping mandates of regional economic blocs and a lack of financial and human resources.  While regional economic communities (RECs).[38]
• Clearly, Africa’s many conflicts severely inhibits attempts at integration and collective security.  These conflicts drain state resources, threaten political stability and result in human rights abuses and humanitarian crises on a massive scale which disables state cooperation and development.[39]
• Thus, while the AU is a major improvement – both legislatively and structurally – on the OAU, a number of significant challenges remain.  The AU’s regional economic integration initiative is arguably the most significant challenge as well as the most urgent, which will require a paradigmatic shift in the way governments conceptualise sovereignty.  Political will acts as a further impediment to the achievement of the AU mandate, particularly as the AU lacks significant authority to enforce member compliance.  Nevertheless, the African continent – civil society in particular – has demonstrated (as in the case of Burundi’s recent electoral violence and the Arab Springs) the desire for strong, accountable and transparent institutions, governments and democracy.  In the spirit of optimism, perhaps this desire will catch fire and spur the AU to shun complacency and continue to promote good governance, the rule of law and the active participation of civil society.[40]

AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHT

The African Charter on Human and Peoples’ Rights (also known as the Banjul Charter) is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent.

Oversight and interpretation of the Charter

is

the task of the African Commission on Human and Peoples’ Rights, which was set up in 1987 and is now headquartered in Banjul, Gambia. A protocol to the Charter was subsequently adopted in 1998 whereby an African Court on Human and Peoples’ Rights was to be created. The protocol came into effect on 25 January 2005.[41]

The Banjul Charter creates an African Commission on Human and peoples’ Rights [Arts. 30-46], allows for inter-State complaints [Arts. 47-54], and even envisions the receipt of individual communication [Arts. 55-110]. However, all these provisions are quite vague. There is no reporting system, no judicial organ or any other mechanism for authoritative regional enforcement of decisions. [42]

NORMS CONTAINED IN THE CHARTER:

1. CIVIL & POLITICAL RIGHTS – The Charter recognizes most of what are regarded universally accepted civil and political rights. The civil and political rights recognised in the Charter include the right to freedom from discrimination(Article 2 and 18(3)), equality (Article 3), life and personal integrity (Article 4), dignity (Article 5), freedom from slavery (Article 5), freedom from cruel, inhuman or degrading treatment or punishment (Article 5), rights to due process concerning arrest and detention (Article 6), the right to a fair trial (Article 7 and 25), freedom of religion (Article 8), freedom of information and expression (Article 9), freedom of association (Article 10), freedom to assembly (Article 11), freedom of movement (Article 12), freedom to political participation (Article 13), and the right to property (Article 14).
2. ECONOMIC, SOCIAL & CULTURAL RIGHTS – The Charter also recognises certaineconomic, social and cultural rights, and overall the Charter is considered to place considerable emphasis on these rights. The Charter recognises right to work (Article 15), the right to health (Article 16), and the right to education (Article 17).
3. PEOPLES’ RIGHTS & GROUP RIGHTS – In addition to recognising the individual rights mentioned above the Charter also recognises collective orgroup rights, or peoples’ rights and third-generation human rights. As such the Charter recognises group rights to a degree not matched by the European or Inter-American regional human rights instruments. The Charter awards the family protection by the state (Article 18), while “peoples” have the right to equality (Article 19), the right to self-determination (Article 20), to freely dispose of their wealth and natural resources (Article 21), the right to development (Article 22), the right to peace and security (Article 23) and “a generally satisfactory environment” (Article 24).

DUTIES :

The Charter not only awards rights to individuals and

peoples,

but also includes duties incumbent upon them. These duties are contained in Article 29 and are as follows:

• The duty to preserve the harmonious development of the family.
• To serve the national community by placing both physical and intellectual abilities at its service.
• Not to compromise the security of the State.
• To preserve and strengthen social and national solidarity.
• To preserve and strengthen national independence and the territorial integrity of one’s country and to contribute to its defence.
• To work to the best of one’s abilities and competence and to pay taxes in the interest of society.
• To preserve and strengthen positive African cultural values and in general to contribute to the promotion of the moralwell-being of society.
• To contribute to the best of one’s abilities to the promotion and achievement of African unity.

REPORT OF THE FACT-FINDING MISSION TO ZIMBABWE,24-28 JUNE 2002 :

Executive

Summary ,

in Seventeenth Annual Activity Report of the African Commission on Human and Peoples’ Rights 2003 -2004, Annex II, at 13.

Following widespread reports of human rights violations in Zimbabwe, the African Commission [decided in May 2001] .. to undertake a

fact finding

mission to the Republic of Zimbabwe from 24th to 28th June 2002.

FINDINGS –

1. The Mission observed that Zimbabwean society is highly polarised. It is a divided society with deeply entrenched positions. The land question is not in itself the cause of division. It appears that at heart is a society in search of the means for change and divided about how best to achieve change after two decades of dominance by a political party that carried the hopes and aspirations of the people of Zimbabwe through the liberation struggle into independence.
2. There is no doubt that from the perspective of the fact-finding team, the land question is critical..[but recent legal and other developments mean] that land reform and land distribution can now take place in a lawful and orderly fashion.
3. There was enough evidence placed before the Mission to suggest that, at the very least during the period under review, human rights violations occurred in Zimbabwe. The Mission was presented with testimony from witnesses who were victims of political violence and other victims of torture while in police custody. There was evidence that the system of arbitrary arrests took place…
4. There were allegations that the human rights violations that occurred were in many instances at the hands of ZANU PF [the ruling Zimbabwe African National Union – Patriotic Front] party activists. The Mission is however not able to find definitively that this was part of an orchestrated policy of the government of the Republic of Zimbabwe.
5. The Mission is prepared and able to rule , that the government cannot wash its hands from responsibility for all these happenings. It is evident that a highly charged atmosphere has been prevailing, many land activists undertook their illegal actions in the expectation that government was understanding and that police would not act against them – many of them, the War Veterans, purported to act as party veterans and activists. Some of the political leaders denounced the opposition activists and expressed understanding for some of the actions of ZANU (PF) loyalists. Government did not act soon enough and firmly enough against those guilty of gross criminal acts. By is statements and political rhetoric, and by its failure at critical moments to uphold the rule of law, the government failed to chart a path that signalled a commitment to the rule of law.[43]

OTHER AFRICAN REGIONALS & SUB REGIONALS

1.      ECOWAS : ECONOMIC COMMUNITY OF WEST AFRICAN STATES

Welcome to the Economic Community of West African States (ECOWAS). Established on May 28 1975 via the treaty of Lagos, ECOWAS is a 15-member regional group with a mandate of promoting economic integration in all fields of activity of the constituting countries.[44]

Member countries making up ECOWAS are Benin, Burkina Faso, Cape Verde, Cote d’ Ivoire , The Gambia, Ghana, Guinea,

Guinea Bissau

, Liberia, Mali, Niger, Nigeria, Sierra Leone, Senegal and Togo.[45]

Considered one of the pillars of the African Economic Community, ECOWAS was set up to foster the ideal of collective self-sufficiency for its member states. As a trading union, it is also meant to create a single, large trading bloc through economic cooperation.[46]

Expectations of economic integration have always been high and a lot has been accomplished by the regional group since the endorsement of the treaty which gave it the required legal teeth. Going by current assessments, the regional body has exceeded the expectations of its founding fathers. Today, the organisation is being acknowledged globally as a successful regional body. ECOWAS can be seen now as a toast to a workable integration and regional co-existence.[47]

The Vision of ECOWAS is the creation of a borderless region where the population has access to its abundant resources and is able to exploit same through the creation of opportunities under a sustainable environment. What ECOWAS has created is an integrated region where the population enjoys free movement, have access to efficient education and health systems and engage in economic and commercial activities while living in dignity in an atmosphere of peace and security. ECOWAS is meant to be a region governed in accordance with the principles of democracy, rule of law and good governance.[48]

2.      COMESA : COMMON MARKET FOR EASTERN & SOUTHERN AFRICA

The history of COMESA began in December 1994 when it was formed to replace the former Preferential Trade Area (PTA) which had existed from the earlier days of 1981. COMESA (as defined by its Treaty) was established ‘as an organisation of free independent sovereign states which have agreed to co-operate in developing their natural and human resources for the good of all their people’ and as such it has a wide-ranging series of objectives which necessarily include in its priorities the promotion of peace and security in the region.[49]

COMESA’s current strategy can thus be summed up in the phrase ‘economic prosperity through regional integration’. With its 19 member states, population of over 389 million and annual import bill of around US$32 billion with an export bill of US$82 billion COMESA forms a major market place for both internal and external trading. [50]

CONCLUSION

Africa has been traumatized by human rights violations of historic proportions over the last five centuries. The recent chapter in that long history of abuses is still being authored under the direction of the post-colonial state. But the peoples of Africa, like peoples elsewhere, have never stopped struggling for better conditions of life, and especially for more enlightened and accountable political societies. The popular repudiation of one party and undemocratic states over the past decade has once again given hope that the predatory impulses of the post-colonial state might be arrested. Within states, non-governmental organizations have multiplied during that period and governments are being been forced to revise policies and laws that are offensive to basic human rights. At the continental level, NGOs and human rights advocates have demanded that the African Commission become part of this movement towards change.

[1] http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx; visited on 21/10/2016.

[2] Ibid

[3] Ibid

[4] http://www.un.org/en/sections/universal-declaration/human-rights-law/index.html; visited on 21/10/2016.

[5] http://www.sahistory.org.za/topic/organisation-african-unity-oau; visited on 23/10/2016.

[6] http://www.sahistory.org.za/topic/organisation-african-unity-oau; visited on 23/10/2016.

[7] Ibid.

[8]Ibid.

[9] ; visited on 20/10/2016.

[10] http://www.sahistory.org.za/topic/organisation-african-unity-oau; visited on 23/10/2016.

[11] Ibid.

[12] Ibid.

[13] Ibid.

[14] http://www.sahistory.org.za/topic/organisation-african-unity-oau; visited on 23/10/2016.

[15] Ibid.

[16] Ibid.

[17] Definition of Apartheid as given in Cambridge Dictionary – especially in the past in South Africa a political system in which people of different races are separated.

[18] http://www.sahistory.org.za/topic/organisation-african-unity-oau; visited on 23/10/2016.

[19] http://www.sahistory.org.za/topic/organisation-african-unity-oau; visited on 23/10/2016.

[20] Ibid.

[21] Ibid.

[22] http://www.sahistory.org.za/topic/organisation-african-unity-oau; visited on 23/10/2016.

[23] Ibid.

[24] Ibid.

[25] http://www.sahistory.org.za/article/african-union-au; visited on 23/10/2016.

[26] Ibid.

[27] The Sirte Declaration was the resolution adopted by the Organisation of African Unity on 9th September 1999, held at Sirte, Libya.

[28] http://www.sahistory.org.za/article/african-union-au; visited on 23/10/2016.

[29] Ibid.

[30] Ibid.

[31] Ibid.

[32] Ibid.

[33] Ibid.

[34] http://www.sahistory.org.za/article/african-union-au; visited on 23/10/2016.

[35] Ibid.

[36] Ibid.

[37] Ibid.

[38] http://www.sahistory.org.za/article/african-union-au; visited on 23/10/2016.

[39] Ibid.

[40] Ibid.

[41] http://www.achpr.org/instruments/achpr; visited on 24/10/2016.

[42] Gurdip Singh; International Law (Eastern Book Company, 3^rd ed , 2015) Chap- 24; pg-690.

[43] Henry J Steiner, Philip Alston, Ryan Goodman; International Human Rights In Context(Oxford, 3^rd ed, 2008) pg- 1073.

[44] http://www.ecowas.int/about-ecowas/basic-information; VISITED ON 25/10/2016.

[45] Ibid.

[46] Ibid.

[47] Ibid.

[48] Ibid.

[49] http://www.comesa.int/overview-of-comesa; visited on 25/10/2016.

[50] Ibid.