Research Paper (postgraduate) from the year 2016 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, Catholic University of Central Africa (Academy for Peace and Human Rights in Central Africa), course: Human Rights Law and the Fight Against Terrorism in Africa, language: English, abstract: This paper investigates the role of African regional instruments in promoting the right to peace and the fight against terrorism. The need to fight against terrorism in Africa in order to maintain peace and security became one of the most important objectives of the African Union. This desire to fight led to the organization of many extraordinary and ordinary sessions of the Heads of States and government of the African Union, where during these sessions many human rights instruments were adopted. Amongst these instruments are: the OAU Convention on the prevention and fight against terrorism and its Protocol adopted in 2004, the 1994 Declaration on a Code of Conduct for Inter-African Relations, the Dakar Declaration against terrorism and the African Charter on Human and People's Rights. The adoption of these instruments therefore marked the beginning of a new era in Africa, where all the efforts and means converged to fight the organization and outbreak of terrorist attacks. All the African States were as from this moment supposed to ratify and adopt all these regional instruments in order to continue locally and internally the fight against terrorism. This also called for a more effective and efficient collaboration between the African States and African Union Organs engaged in the fight against terrorism. This work therefore also examines the role of the African Union Organs responsible for the protection of Human Rights and responsible for maintaining peace and security in Africa. Amongst these African Union Organs are the Peace and Security Council (PSC) and the African Commission on Human and People's Rights. The Peace and

Whilst the establishment of the African human rights system was a good gesture that signalled the recognition of the value and essence of international human rights in the continent, a continuous study of the system has become necessary. This is particularly in light of the fact that the continent is in desperate need of well established and effective regional human rights enforcement mechanisms. At the moment, the regional human rights system is stuck between prospects and pitfalls because of the gap that exists between the promise of human rights and their actual realisation. By all means, this trend needs to be reversed. The main objective and purpose of this book is to underscore the challenges besetting the effective enforcement of international human rights law in Africa and the prospects and promises of an effective regional human rights system.

African regional organizations have played leading roles in constructing collective conflict management rules for the continent, but these rules or norms have not been static. Currently, the African Union (AU) deploys monitors, authorizes peace support operations, and actively engages to resolve internal conflicts. Just a few decades ago, these actions would have been deeply controversial under the Organization of African Unity (OAU). What changed to allow for this transformation in the way the African regional organization approaches peace and security? African peace examines why the OAU chose norms in 1963 that prioritized state security and led to a policy of strict non-interference - even in the face of destabilizing violence - and why the AU chose very different norms leading to a disparate conflict management policy in the early 2000s. Even if the AU’s capacity to respond to conflict is still developing, this new policy has made the region more willing and capable of responding to violence. Nash argues that norm creation largely happened within the African context, and international pressure was not a determinant factor in their evolution. The role of regions in the international order, particularly the African region, has been under-theorized and under-acknowledged, and this book adds to an emerging literature that explores the role of regional organizations in the Global South in creating and promoting norms based on their own experiences and for their own purposes.

The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.

4. Right to Peace.

This book discusses the many legal aspects arising in relation to the maintenance of peace in Africa. Over the past twenty years, the majority of peace operations have been deployed on this continent, most of them established by the UN Security Council, sometimes in cooperation with the African Union and other African regional organizations, with contributions from the European Union and NATO. In some cases, the African Union has invoked its ‘primary responsibility for promoting peace, security and stability in Africa’, thus questioning the legal partnership between UN and regional organizations provided for in Chapter VIII of the UN Charter. The peace operations deployed in Africa have sometimes received a very robust mandate, which also includes the use of force and the protection of civilians’ human rights. The implementation of this broad mandate, which goes well beyond the traditional ‘peacekeeping approach’, requires considerable human and economic resources. Moreover, it raises several issues of concern with regard to the impact on the economic and political systems of the states in which the operations are deployed and, more generally, on the exercise of sovereignty over their territorial communities by these states. Offering an update for lawyers in practice and in academia interested in the field of international law, the book also contributes to the theoretical studies concerning the activities of international organizations, focusing on one of the most challenging issues to emerge in recent times.