The African Charter on Democracy, Elections and Governance requires state parties to establish and strengthen democratic institutions, the rule of law, human rights and independent electoral systems. However, the extent to which these provisions can be invoked by individuals and non-governmental organizations before a court of law is uncertain. It is also unclear whether such provisions guarantee “stand-alone” individual rights and as such whether the charter could be considered to be a human rights instrument. This article seeks to analyse whether the charter is a human rights instrument, as well as examining its justiciability in light of the decision of the African Court on Human and Peoples’ Rights in APDH v Côte d’Ivoire. The analysis highlights the court’s decision affirming that the charter is a human rights instrument and that individuals and non-governmental organizations can file cases in a court of law seeking its enforcement.
Related Resources
-
What/who is still missing in International Relations scholarship? Situating Africa as an agent in IR theorising
Isaac Odoom. "What/who is still missing in International Relations scholarship? Situating Africa as an agent in IR theorising." Third World Quarterly (2017) 38:1, pages 42-60.
-
Another decolonial approach is possible: international studies in an antiblack world
Farai Chipato and David Chandler. "Another decolonial approach is possible: international studies in an antiblack world." Third World Quarterly (2022) 43:7, pages 1783-1797.