LW919-7-AU-CO:
Promotion and Protection of Human Rights in Africa

The details
2019/20
Law (School of)
Colchester Campus
Autumn
Postgraduate: Level 7
Current
Thursday 03 October 2019
Saturday 14 December 2019
15
02 October 2019

 

Requisites for this module
(none)
(none)
(none)
(none)

 

(none)

Key module for

(none)

Module description

Welcome to LW919 - The Promotion and Protection of Human Rights in Africa.
We will consider the role of the African Union and other the regional institutions and focus in particular on the African Charter on Human and Peoples' Rights, the work of its Commission and Court and the impact of the specific frameworks relating to women and children. A recurrent theme throughout the module is: how fit for purpose are the principles and processes enshrined in the documents for African polities around the continent?

Module aims

The aim of the course is to provide a critical examination of the structures and
processes of the African regional system for the promotion and protection of human rights.

Module learning outcomes

We will consider the role of the African Union and other the regional institutions and focus in particular on the African Charter on Human and Peoples' Rights, the work of its Commission and Court and the impact of the specific frameworks relating to women and children. A recurrent theme throughout the module is: how fit for purpose are the principles and processes enshrined in the documents for African polities around the continent?

Module information

Schedule

11 Oct: Seminar Overview of the development of the African human rights system; the political landscape and institutional architecture

18 Oct: DG The African Charter on Human and Peoples' Rights: core rights and concepts (individual rights; limitations ('claw-back' clauses); individual duties; indivisibility/socio-economic rights); collective rights, right to development

25 Oct: Seminar The mandate of the African Commission on Human and Peoples' Rights

1 Nov: DG Submitting a communication to the African Commission on Human and Peoples' Rights

8 Nov: Seminar The African Court on Human and Peoples' Rights

15 Nov: Seminar Armed Conflict in Africa

22 Nov: DG Equality and Non-discrimination under the African Charter: The case of women's rights in Africa

6 Dec: Seminar Children's Rights in Africa

13 Dec: Seminar Sub-Regional Human Rights Institutions in Africa

Learning and teaching methods

The course will be taught by way of a series of seminars, which will take place in semester 1. The reading for each seminar is provided below and it is expected that you will spend the same time preparing for these seminars as you would for any other course. It is expected that you will read all the material in advance of the sessions. Reading is separated into 'Essential Reading' and 'Further Reading'. You are expected to read the essential reading, while further reading is provided for your interest and additional research. The amount of prescribed reading for this module is very measured, this is so in order to allow time to engage with the readings in a more in-depth manner. Seminars 2, 4, and 7 are designated as discussion groups seminars. For these seminars, a 'flipped learning model' will be adopted. This requires each student to prepare in advance to participate in an interactive discussion of the key issues. The class will be divided into groups for such preparation. The success of this model depends absolutely on buy-in from students, and diligent preparation. Please use both Talis and Moodle, as all readings are available through Talis, and extensive use will be made of Moodle to augment in-class seminars.

Bibliography

  • O'Cinneide, Colm. (2008) 'The Right to Equality: A Substantive Legal Norm or Vacuous Rhetoric', in UCL Human Rights Review. vol. 1, pp.80-102
  • Christof Heyns and Magnus Killander. (2016) Compendium of key human rights documents of the African Union - Sixth Edition: Pretoria University Law Press.
  • Mubiala, Mutoy. (2002) 'International Humanitarian Law in the African Context', in Eroding local capacity: international humanitarian action in Africa, Somerset, NJ: Distributor in North America, Transaction Publishers.
  • African Commission on Human and Peoples' Rights. (no date) Communication 255/2002, Prince v South Africa,.
  • J. Oloka-Onyango and Sylvia Tamale. (1995) '"The Personal Is Political," or Why Women's Rights Are Indeed Human Rights: An African Perspective on International Feminism', in Human Rights Quarterly: The Johns Hopkins University Press. vol. 17 (4) , pp.691-
  • (28 March 2014) In the Matter of Beneficiaries of Late Norbert Zongo, Abdoulaye Nikiema alias Ablassé, Ernest Zongo and Blaise Ilboudo & The Burkinabé Human and Peoples’ Rights Movement v. Burkina Faso, African Court of Human and Peoples’ Rights, Application No. 013/2011, Judgment, 28 March 2014.
  • Viljoen, Frans. (2012) International Human Rights Law in Africa, Oxford: Oxford University Press.
  • Kaime, Thoko. (2009) 'The African Children's Charter: Does It Represent a Relevant Vision of Childhood and Children's Rights', in Children's Legal Rights Journal.
  • African Commission on Human and Peoples' Rights. (1995) Katangese Peoples Congress v Zaire.
  • African Commission on Human and Peoples' Rights. (no date) Communication 155/96 The Social and Economic Rights Action Center and the Center for Economic and Social Rights v Nigeria.
  • Ebobrah, Solomon; Tanoh, Armand. (2010) Compendium of African sub-regional human rights documents, [Pretoria]: Pretoria University Law Press (PULP).
  • African Commission on Human and Peoples' Rights. (no date) Communication 276, Centre for Minority Rights Developement (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v. Kenya (CEMIRIDE v Kenya).
  • Rachel Murray and Steven Wheatley. (2003) 'Groups and the African Charter on Human and Peoples' Rights', in Human Rights Quarterly: The Johns Hopkins University Press. vol. 25 (1) , pp.213-
  • African Commission on Human and Peoples' Rights. (no date) Communication 147/95 (joined with 149/96), Jawara v The Gambia.
  • Alter, Karen J.; Gathii, James T.; Helfer, Laurence R. (2016-05) 'Backlash against International Courts in West, East and Southern Africa: Causes and Consequences: Table 1:', in European Journal of International Law. vol. 27 (2) , pp.293-328
  • Odinkalu, Anselm Chidi; Christensen, Camilla. (1998) 'The African Commission on Human and Peoples' Rights: The Development of its Non-State Communication Procedures', in Human Rights Quarterly. vol. 20 (2) , pp.235-280
  • Richard N. Kiwanuka. (1988) 'The Meaning of “People” in the African Charter on Human and Peoples' Rights', in The American Journal of International Law. vol. 82 (1) , pp.80-101
  • Kaime, Thoko. (2008-01) 'The Struggle for Context in the Protection of Children’s Rights: Understanding the Core Concepts of the African Children’s Charter', in The Journal of Legal Pluralism and Unofficial Law. vol. 40 (58) , pp.33-68
  • Frans Viljoen. (2005) 'The Special Rapporteur on Prisons and Conditions of Detention in Africa: Achievements and Possibilities', in Human Rights Quarterly: The Johns Hopkins University Press. vol. 27 (1) , pp.125-
  • ECOWAS Court. (27 October 2008) Koraou v. Niger, Judgment, ECW/CCJ/APP/0808.
  • Chirwa, Danwood. (no date) 'The merits and demerits of the African Charter on the Rights and Welfare of the Child', in The International Journal of Children's Rights. vol. 10 (2) , pp.157-177
  • Murray, Rachel. (2005) 'Women’s Rights and the Organization of African Unity and African Union: The Protocol on the Rights of Women in Africa', in International law: modern feminist approaches, Oxford: Hart., pp.253-272
  • Kaime, Thoko. (2010) 'Vernacularising the Convention on the Rights of the Child: Rights and Culture as Analytic Tools Childrens Rights 20 Years after the Convention', in International Journal of Children's Rights.
  • African Commission on Human and Peoples Rights. (1998) Media Rights Agenda and Others v Nigeria.
  • Waschefort, Gus. (2016-08) 'Africa and international humanitarian law: The more things change, the more they stay the same', in International Review of the Red Cross. vol. 98 (902) , pp.593-624
  • Mugwanya, GW. (2001) 'Examination of State Reports by the African Commission: A Critical Appraisal', in African Human Rights Law Journal., pp.268-284
  • Smith, Nicholas. (2005) 'Why Do We Speak of Equality', in Otago Law Review. vol. 11 (1) , pp.53-78
  • Gus Waschefort. (no date) 'Justice for Child Soldiers? The RUF Trial of the Special Court for Sierra Leone', in Journal of International Humanitarian Legal Studies. vol. 1 (1) , pp.189-204
  • SADC Tribunal. (28 November 2008) Mike Campbell (Pvt) Ltd and Others v Republic of Zimbabwe (2/2007) [2008] SADCT 2.
  • Makau Mutua and Antony Anghie. (2000) 'What Is TWAIL?', in Proceedings of the Annual Meeting (American Society of International Law). vol. 94, pp.31-40

The above list is indicative of the essential reading for the course. The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students. Further reading can be obtained from this module's reading list.

Assessment items, weightings and deadlines

Coursework / exam Description Deadline Weighting
Coursework LW919: Summative Assignment 13/01/2020

Overall assessment

Coursework Exam
100% 0%

Reassessment

Coursework Exam
100% 0%
Module supervisor and teaching staff
Dr Gus Waschefort
lawpgtadmin@essex.ac.uk

 

Availability
Yes
No
Yes

External examiner

Prof Julia Shaw
De Montfort University
Professor of Law
Resources
Available via Moodle
Of 20 hours, 20 (100%) hours available to students:
0 hours not recorded due to service coverage or fault;
0 hours not recorded due to opt-out by lecturer(s).

 

Further information
Law (School of)

Disclaimer: The University makes every effort to ensure that this information on its Module Directory is accurate and up-to-date. Exceptionally it can be necessary to make changes, for example to programmes, modules, facilities or fees. Examples of such reasons might include a change of law or regulatory requirements, industrial action, lack of demand, departure of key personnel, change in government policy, or withdrawal/reduction of funding. Changes to modules may for example consist of variations to the content and method of delivery or assessment of modules and other services, to discontinue modules and other services and to merge or combine modules. The University will endeavour to keep such changes to a minimum, and will also keep students informed appropriately by updating our programme specifications and module directory.

The full Procedures, Rules and Regulations of the University governing how it operates are set out in the Charter, Statutes and Ordinances and in the University Regulations, Policy and Procedures.