The African Charter on Human and People Rights, A critical analysis on the Human Rights Record in Kenya.
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Date
2011-06
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Publisher
Kampala International University, School of law.
Abstract
The African Charter is a binding treaty that comprises of three parts and six chapters. The aim of
drafting the Charter was guided by the principle that "it should reflect the African philosophy of
law and meet the needs of Africa". The charter recognizes the value of having universally
accepted human rights standards and aims at achieving its implementation procedures that are
workable and redeemable so long as necessary adjustments are made and states adhere to the
Charter. However, the Charter is only a document, which has to be made meaningful by its
popularisation, application and development not only at the international level but more
importantly at the national level as well. This research overall aim was to examine the domestic
implementation of the Charter in Kenyans legal and political setting. The specific aims of the
research were threefold. The first aim was to assess treaty-founded human rights obligations of
Kenya as a state as well as the obligations of various non state actors whose actions or omissions
have contributed to human rights violations. In this respect, the research would identify state
failures in the immediate context of human rights violations and recommend measures to prevent
future failures. The second aim of the research was to analyse the human rights record in Kenya
within the frameworks of International Human Rights law and the domestic law, to enable us to
make appropriate recommendations to national and international authorities, including on
dete1mination of culpability and enforcement of sanctions against human rights violators. The
third aim is to make other general recommendations on governance issues that would enable
Kenya effect the charter and human rights aspects into its citizens.
The outputs and the key findings of the research are as follows:
a) Recommendations on accountability measures to effectively redress human rights
violations under the charter and deter future violations.
b) Analysis of triggers of human rights violations in Kenya.
c) Comprehensive analysis of the enforcement of fundamental freedoms in Kenya.
d) Policy legal and other recommendations.
To undertake the research effectively and expeditiously, the study was basically library oriented.
Textbooks and articles on the subject were of primary importance. Important also were the global
and regional treaties, charters, conventions, protocols and declarations in the field of human
rights. Magazines, newspaper reports and journals were also used.
Description
A research proposal submitted to the Faculty of Law in Partial Fulfillment of the Requirements for the
Award of Bachelor's Degree of Law of Kampala International University.
Keywords
Human Rights, African Charter, Human and People Rights, Kenya.