n African Security Review - The impact of clawback clauses on human and peoples' rights in Africa : essay

Volume 18, Issue 4
  • ISSN : 1024-6029
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The adoption of the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights (the Protocol) was a significant initiative in the promotion of African regional human rights. This development, while signalling the intention to deal with human rights violations through a judicial process, acknowledged the failure of the African Commission on Human and Peoples' Rights (the Commission) to impact meaningfully on the development and maintenance of human rights in Africa. The failure arises from, inter alia, political horse trading and its resultant disregard of human rights. In the words of Jean-Paul Masseron, '[t]he leading statesmen of Africa have a tendency to sacrifice individual liberties in order to safeguard national independence'.

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