Assessing the African Union's 2016–19 Human Rights Action Planning Process: Embracing, and De-Coupling from, the Conventional “Ideal”

Okafor, Obiora Chinedu; Miyawa, Maxwel; Bawa, Sylvia; Odumosu-Ayanu, Ibironke T.

doi:10.1017/s0021855320000121

Cited by 2 publications

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References 6 publications

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“…Even so, the contents of the solidarity right and particularly its enforcement remain slippery and challenging to articulate given the broad range of actors implicated and the nature of the right. 25 International solidarity is by design distinctive from the contemporary approach to international human rights as enforceable claims by or on behalf of individuals against states. International solidarity implicates deep internalization of obligations that we owe each other by virtue of being human.…”

Section: Forthcoming Research Handbook On International Law and Solid...mentioning

confidence: 99%

Forging Solidarity

Chin-Arroyo,

Ramji-Nogales

2023

Preprint

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What is international solidarity and how do we achieve it?International solidarity is a principle and a right, a duty and a mind-set. This chapter grapples with the concept of solidarity, which is a broad and contestable term subject to many meanings and interpretations. Indeed, it is the very malleability of the concept that makes it fertile ground for both this edited volume and a broader conversation among international law’s communities of scholars and policy-makers. Among other possibilities, international solidarity as a principle and a right could address structural inequalities and asymmetries in the international arena. This edited volume has the potential to begin to solidify and concretize the concept of solidarity. To that end, this chapter examines solidarity in the context of global migration, seeking to identify a broad range of solidarity actors and to make the case for an epistemology of solidarity, or solidarity as method.

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Section: Forthcoming Research Handbook On International Law and Solid...mentioning

confidence: 99%

Forging Solidarity

Chin-Arroyo,

Ramji-Nogales

2023

Preprint

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“…The interaction between business and human rights violations presents an evolving challenge in Africa's rights discourse. 172 Accordingly, the AU negotiated and adopted a treaty to criminalise and punish serious corporate violations of human rights in Africa. 173 The adoption of the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (Malabo Protocol) made certain that this subject took concrete form in international discourse.…”

Section: Business Meets Human Rightsmentioning

confidence: 99%

The African human rights system as 'norm leader': Three case studies

Okafor

Dzah

2021

Afr. hum. rights law j.

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Africa (including its human rights system) is rarely imagined or considered an originator, agent and purveyor of ideas, including in the human rights sphere. On this occasion of the fortieth anniversary of the adoption of the 1981 African Charter on Human and Peoples' Rights which founded the African human rights system, it is only fitting that its contributions or otherwise to global human rights praxis, over these four decades, be examined from this perspective. Utilising the theory of the norm life cycle, developed by scholars of international relations who work within 'strategic social constructivism', this article examines how the African human rights system has, or has not, functioned as a 'norm leader' with regard to certain important and increasingly widely-accepted human rights standards. To that extent, the article examines (as examples) certain human rights norms first elaborated and made into legally-binding forms in the African Charter, widely circulated and having achieved a considerable level of global dispersal and adoption, in part, as a result of the work of the African Commission on Human and Peoples' Rights and the African Court on Human and Peoples' Rights. Focusing on three important norms (the right to self-determination, the right to development and the right to the environment) and based on a study of academic and other literature, treaties or instruments, case law and records of international negotiations, the article attempts to respond systematically to this overarching question. The article argues that although the African human rights system clearly is not a state, the critical but globally under-appreciated roles it has played regarding the globalised socialisation of certain human rights ideas fits within, and helps in extending, social constructivist human rights theory and praxis. The article concludes with a reflection on some key limitations that are observable as to how far the system has been able to travel in the direction of norm leadership in human rights law.

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Assessing the African Union's 2016–19 Human Rights Action Planning Process: Embracing, and De-Coupling from, the Conventional “Ideal”

Cited by 2 publications

References 6 publications

Forging Solidarity

Forging Solidarity

The African human rights system as 'norm leader': Three case studies

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