Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Limitations to the Rights of Indigenous Peoples in Africa: A Model for Balancing National Interest in Development with the Rights of Indigenous Peoples?

Limitations to the Rights of Indigenous Peoples in Africa: A Model for Balancing National... I. INTRODUCTION The African Charter on Human and Peoples' Rights, which is the principal human rights instrument in Africa, was adopted on 27 June 1981 and entered into force in 1986.1 The entry into force of the Charter marked Africa as the third regional human rights system and coincided with the `third wave' of democratisation in the 1990s.2 In that sense, the Charter provided for the human rights composition of the democratisation process. The Charter was particularly hailed for explicitly recognising the intrinsic link of civil and political and economic, social and cultural rights and for guaranteeing all generations of rights, including group rights. The African Commission on Human and Peoples' Rights, established under article 30 of the Charter with a view to ensuring the promotion and protection3 LLM (Pretoria); Doctor of Laws (LLD), candidate, tutor and researcher (Centre for Human Rights, University of Pretoria). I thank Professor Frans Viljoen and Dr Magnus Killander for their constructive comments on the first drafts of this article. Any remaining mistakes are mine. This paper was presented at the Conference commemorating the 30th anniversary of the adoption of the African Charter on Human and Peoples' Rights organised by the Centre for http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Limitations to the Rights of Indigenous Peoples in Africa: A Model for Balancing National Interest in Development with the Rights of Indigenous Peoples?

Loading next page...
 
/lp/edinburgh-university-press/limitations-to-the-rights-of-indigenous-peoples-in-africa-a-model-for-S1BEFnFG59
Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2012
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2012.0043
Publisher site
See Article on Publisher Site

Abstract

I. INTRODUCTION The African Charter on Human and Peoples' Rights, which is the principal human rights instrument in Africa, was adopted on 27 June 1981 and entered into force in 1986.1 The entry into force of the Charter marked Africa as the third regional human rights system and coincided with the `third wave' of democratisation in the 1990s.2 In that sense, the Charter provided for the human rights composition of the democratisation process. The Charter was particularly hailed for explicitly recognising the intrinsic link of civil and political and economic, social and cultural rights and for guaranteeing all generations of rights, including group rights. The African Commission on Human and Peoples' Rights, established under article 30 of the Charter with a view to ensuring the promotion and protection3 LLM (Pretoria); Doctor of Laws (LLD), candidate, tutor and researcher (Centre for Human Rights, University of Pretoria). I thank Professor Frans Viljoen and Dr Magnus Killander for their constructive comments on the first drafts of this article. Any remaining mistakes are mine. This paper was presented at the Conference commemorating the 30th anniversary of the adoption of the African Charter on Human and Peoples' Rights organised by the Centre for

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Oct 1, 2012

There are no references for this article.