AN APPRAISAL OF THE ROLE OF ECOWAS COURT OF JUSTICE AND THE SOUTHERN AFRICAN DEVELOPMENT (SADC) TRIBUNAL IN THE PROTECTION OF HUMAN RIGHTS


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TABLE OF CONTENTS

Abstract
Table of Cases
Table of Statutes
Abbreviation
Table of Contents

CHAPTER ONE
GENERAL INTRODUCTION
1.1       Background to the Study
1.2       Statement of the Research Problem
1.3       Aim and Objectives of the Research
1.4       Scope of the Research
1.5       Justification/Significance of the study
1.6       Literature Review
1.7       Research Methodology
1.8       Organizational Layout

CHAPTER TWO
ANALYSIS OF LEGAL REGIME FOR THE PROMOTION AND PROTECTION OF HUMAN RIGHTS IN AFRICA
2.1       Nature and Scope of Human Rights in Africa
2.2       Nature and Scope of Obligations/Duties to promote and protect Human Rights in Africa
2.3       Institutional frameworks on the promotion and protection of Human Rights in Africa

CHAPTER THREE
THE ROLE OF ECOWAS COURT IN THE PROTECTION OF HUMAN RIGHTS
3.1       Establishment, Mandate, Jurisdiction and Powers of ECOWAS Court of Justice
3.2       Nature and Scope of Human Rights Mandate of ECOWAS Court
3.3       Analysis of Case Law on Human Rights protection in ECOWAS region

CHAPTER FOUR
THE ROLE OF SADC COURT TOWARDS PROTECTION OF HUMAN RIGHTS IN AFRICA
4.1       Introduction
4.2       Establishment, Mandate, Jurisdiction and Powers of SADC Tribunal
4.3       Nature and Scope of Human Rights Mandate of the SADC Tribunal
4.4       Analysis of Case Laws on Human Rights Protection in the SADC Region
4.4.1    Kanyama vs SADC Secretariat
4.4.2    Kethusegile-Juru vs Southern African Development Community Parliamentary Forum
4.4.3    Mondlane vs SADC Secretariat
4.4.4   Swissbourgh Diamond Mines (Pty) Ltd and Others vs Kingdom of Lesotho
4.4.5    Bach's Transport (Pty) Ltd vs Democratic Republic of Congo
4.4.6    Fick and Another vs Republic of Zimbabwe
4.5       Challenges and Prospects in Human Rights Protection in SADC Region

CHAPTER FIVE
SUMMARY FINDINGS AND RECOMMENDATIONS
5.1       Summary
5.2       Findings
5.3       Recommendations
Bibliography




ABSTRACT



The concept of Human Rights is a very fundamental subject in international law. Human Rights aim at promoting and protecting humanity through the courts. The ECOWAS community court of justice and the southern African Development community tribunal play a very important role in the area of promoting and protecting Human rights in their respective regions. The aim of this dissertation is to appraise the role of ECOWAS community court of justice and the southern African Development community tribunal in the protection of Human Rights in Africa. The objective of this dissertation therefore is to highlight some weaknesses in the promotion and protection of Human Rights and to suggest some workable recommendations. One major finding of this dissertation is the issue of enforcement of the court decisions. The decisions of the ECOWAS community court of justice and the Southern African Development Community Tribunal are usually not enforceable. They rely mainly on the commitment of member states. This dissertation therefore recommends that the courts should engage in massive sensitization of judicial authorities of member states on the issues of enforcement as justice without enforcement is impotent. To achieve this, the doctrinal method of research will be adopted.




CHAPTER ONE

GENERAL INTRODUCTION

1.1              Background to the Study

Human Rights mean that human rights serve to protect and promote the dignity of human

beings worldwide1. Human rights can be seen as a legal codification of the concept of human dignity. Despite different regional perceptions and arguments relating to cultural relativism, the concept of human rights and their universality is generally accepted, although these always have to be seen in their specific contexts2. Human rights, as a legal concept and codification of human dignity, were late to arrive in Africa. Its evolution in Africa is to be seen against the background of the dynamic development of human rights within the United Nations system and that of international law, although the impetus of this evolution is owed to the struggles within African states in the colonial and post-independence eras3.
The role of the Organization of African Unity (OAU) and its successor, the African

Union (AU), must also be acknowledged here. Since the OAU‟s inception in 1963, several organizations‟ instruments and mechanisms have come to the fore, aiming at promoting and protecting human rights in Africa. The adoption of the African Charter on Human and Peoples‟

Rights in 1981 is considered a milestone in this regard, as are the establishment of the African Commission on Human and Peoples‟ Rights and the associated African Court of Human and Peoples‟ Rights. In addition, regional economic communities have set up their own organizations and instruments aiming at promoting human rights in their respective regions......

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