African Charter on Human and Peoples’ Rights

The African Union (AU) commemorates its second decade this year. This milestone presents a moment to reflect on the founding aspirations of the body, assess the current progress in achieving these, and provide suggestions of what the continent should do to achieve these aspirations. This piece assesses the AU's role in peace and security on the continent as far as election-related violence (ERV) is concerned and the linkages between various organs of the AU to achieve this, particularly the Pan-African Parliament (PAP) and the AU Peace and Security Council (PSC). Timothy Sisk defines ERV as 'acts of verbal assault, intimidation, coercion and physical harm used to sabotage an electoral process (at any given point) or eliminate electoral competition.' The United Nations recognises ERV as a 'form of political violence which is often designed to influence an electoral outcome and, therefore, political power distribution.'

The Constitutive Act of the African Union (AU) was adopted on 11 July 2000 and came into force on 26 May 2001. The document has been described as 'the turning of a page in the history of the African continent' as it represented the beginning of a new era for the 'political, judicial, and economic organisation for Africa.' The Constitutive Act recognises gender equality as one of its principles.

This blog reflects on recent efforts for international investment agreements (IIAs) to extend human rights and sustainable development obligations to foreign investors. Prior to the recent adoption of the Nigeria-Morocco BIT in 2016, human rights language and foreign investor obligations were notably absent in Nigeria’s IIAs. This discrepancy - between attempts to attract foreign investment through IIAs and the failure to link these investments to socio-economic priorities in Nigeria – has led to palpable tensions within Nigeria’s dominant economic sector, oil production, but recent international law developments suggest a slow shift is happening.

The recent decision by the High Court of Kenya regarding the admission of students from South Sudan advocates of Kenya may not have attracted much attention in Kenya and the East African Community (EAC), but it is all the same a very important one among the many decisions that have been coming from the Kenyan courts recently regarding the implementation of the Treaty Law In Kenya.

All in all, what should be kept in mind is that, as the wise Canadian thinker and diplomat Ivan Leigh Head once noted, an element of law (and of accountability), some measure of it, will be needed in the effort to realize the right to development. It is for this reason that the African example of establishing meaningful regional-level accountability mechanisms in the development field, undergirded by hard law, ought to be replicated at the UN level.

In July 2019, the African International Economic Law Network (AfIELN), held its Fourth Biennial Conference under the theme “Africa and International Economic Law in the 21st Century” at the Strathmore University Law School (Nairobi, Kenya). This symposium contains some of the papers presented at this conference in their abridged forms. Before introducing the authors’ views on this Conference’s broader theme, we provide the important context under which the Conference took place.

One of the key points of departure of this book is that ‘the prevailing investment treaty based rules regime institutionalises neoliberalism, which argues for a lesser involvement of the state in the market’ (p. 19), and that ‘despite neo-liberalism’s aversion to the role of the state in economic matters, the state is responsible for the public interest and is the highest authority and a reduction in its economic functions’ (p. 19). It is on this basis that Adeleke theorises a harmonisation between the neoliberalist attitudes of international investment law on the one hand, and the public interest objectives of human rights law on the other.