HUMANITARIAN LAW
Le 8/02/10

°African system :
TREATY
-African charter on human and people rights : adopted in 1981 : in force 1986.
This charter established a system for the protection and the promotion of human rights and this system was design to fonction within the institution of Framework with the organisation of African Union : this organisation is a régional intergovernmental organisation which came into being in 1963.
The Charter created the African commission of human and people rights and this commission is the principle régional human rights mechanism.
This commission sits in Bunjul (Gambia) : Bunjul commission.
There is 11 members in this commission.
ORGANISATION
-In 2001 the organisation of the African Union (OAV) was replaced by a new organisation which is called the African Union and the African Union assumes the responsabilities, has to promote human rights in accrodance with the African Charter.
COURT
-July 2008 : a new instrument was adopted in order to provide a new treaty, instrument providing for a création of a new african court of justice and human rights. But at the end of 2008, the African court of justice hadn’t start to give cases.
RIGHTS AND DUTIES :
The African charter is quiet different from the European charter :
-The African charter promotes not only rights but also duties.
-The African charter codifies people as well as individual rights.
-In addition to civil and political rights, the african charter protects economics, social and cultural rights.
-Permits the States to impose very extensive restriction on the exercice the rights it proclames.
But we could say that the provisions of the African Charter reflect the influence of the HR instrument but in occordance with the African traditions.
The African traditions are garanted in the préambule of the charter : as an introduction.
°Which are the rights garanted by this charter ? art 2.8
Countains a broad non dicrimination clause and an equal protection