class 8 Flashcards
explain the organization of the African Union (OAU)
- The African Unity, created at the Sirte Extraordinary Session of the OAU in 1999
- The Lome Summit adopted the Constitutive Act
Explain the Framework of the OAU
1) The Banjul Charter (African Charter on Human and People’s Rights) 1986
2) The OAU Convention Governing the Specific Aspects of Refugee Problems in Africa (1969)
3) Kampala Convention: The African Unity Convention for the Protection and Assistance of Internally Displaced Persons in Africa 2009
4) The African Charter on the Rights and Welfare of the Child (1990)
5) Protocol on Women’s Rights 2003
explain the Banjul Charter (1986) and the difference between people’s and human rights
a) Emphasis on human and peoples’ rights, cataloging duties of the individual/group to the state
b) All rights and duties remain applicable during times of public emergencies (armed conflicts mainly) Domestic law (constitutions, in case of emergencies some of the rights will be suspended)
People’s rights vs. Human Rights (peoples’ relates to a more ethnic or identity)
name the institutions (+sub regional) of the OAU
African Commission on Human and People’s rights and the African Court on Human’s and people’s rights
Sub-regional: ECOWAS, East African Community
Explain the history of the Inter-American Court on Human rights
Created as the sole jurisdiction in 1979 within the OAS
What does the ACHR adjudicate?
a. Contentious Cases
b. Advisory Cases (not binding but carries weight)
c. Provisional Measures (supposed to be binding but difficult to track)
explain the composition of the ACHR
- 7 judges (elected for 6 year period (1 add re-election term) usually neutral scholars (never two same state)
- continue to hear pending cases even after the end of the term
- the democratic idea of nominating anyone from OAS member states
- headquarters situated in San Jose (sit on part-time sessions, rule in plenary sessions)
- 4 languages (french, English, Spanish, Portuguese)
what does Amicus Curiae mean?
friends of the court: calling for public hearings and specialists
what are the steps of a contentious case?
a. Reference phase
b. merit stage
c. ruling (final)
d. remedies
e. execution
explain the reference phase
The court only knows by referral, the average citizen cannot go to the Court, only the commission or state parties have the authority to refer the cases and only after the commission has accepted. the case may be dismissed, no other choice.
explain the merit stage
(initial phase, procedure, gathering info) formed by briefs, affidavits, documents, public hearings (judges can ask questions during public hearings)
explain the remedies
- begins with monetary reparations
- reimbursement of all costs
- the enjoyment of the violated right (eg. violated right to freedom → release)
- the liable state must amend or repeal internal law
- can order training in human rights for police and judges (exemplary reparations)
- can order to establish development programs, public apologies (exemplary reparations)
define brief and affidavits
brief: report presented by commission, local authorities, experts, etc
affidavits: sworn declarations
explain the history of the European Court of Human Rights
- established Strasbourg in 1959
- European Commission was the port of call for both individual and state claims
- was historically staffed by part-time judges and had virtually no access to individuals
- with protocol no. 11 (November 1998), Court was restricted as a full-time institution
explain the functions of the ECHR
- Formal receipt of complaints
- establishing admissibility criteria
- delivering legally binding judgments
- asserting the facts
- seeking friendly settlements
nb. established three judges’ panels for lower priority and repeat cases
