African Human Rights System and Indigenous Peoples Protection
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African human rights system, indigenous populations, African Commission on Human and Peoples' Rights ACHPR, African Court on Human and Peoples' Rights, African Committee of Experts on the Rights and Welfare of the Child CAEDBE, Universal Declaration of Human Rights, cultural genocide, human rights protection, international human rights law, endogenous African human rights system, exogenous human rights system, African Union OUA, customary law, human rights institutions, protection of indigenous peoples, continental human rights, supranational human rights organizations, human dignity, justice, equality, human rights law, international law, African Charter, human rights guarantee, Arusha Tanzania, Emmanuelle Tourme Jeannet, Hobbes natural law, European Union law, carbon credits, Kenyan government, ecological reasons, fatalism, human rights fatalism, indigenous rights marginalization, positive law inoperative, unofficial motive, hostile environment, conflictual relationship, fundamental rights, continental institutions, human rights authenticity, supranational organizations, inter-state relations, intra-state relations
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This document examines the effectiveness of the African human rights system in protecting indigenous populations, highlighting its exogenous foundation and functioning.
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[...] The latter exists in theory, but how can it concretely fulfill its mission when it is infiltrated by multiple scourges, such as corruption, interference, or submission to external powers, the instrumentalization of environmental law, and excessive mercantilism. In addition, the socio-economic context seems to leave little room for expression for indigenous communities (often invisible minorities) in the face of the majority. More precisely, can we seriously consider effective protection of the rights of indigenous populations in a system that is so flawed that the natural law in its pure state (according to Hobbes' conception) seems to prevail. [...]
[...] The Protection of Indigenous Peoples in the African Human Rights System - Introduction The Protection of Indigenous Peoples in the African Human Rights System Introduction In fact, how can one define human rights? Its definition is inherently linked to international relations. Indeed, it was after the ratification of the United Nations Charter (1945) that the Universal Declaration of Human Rights was adopted1 (1948). It is precisely its universal character that gives it an international scope. In fact, human rights are the guarantee of dignity for all human beings, freedom, justice, and equality of rights and the immutable nature of this equality. [...]
[...] This universal declaration of human rights is a result of natural law. This law is defined by the set of intrinsic norms to human nature and the vocation of human beings in their existential environment. In this sense, natural law is completely free from temporal norms because it is universal and imposes itself on all eras. In the Leviathan (1651)10, Thomas Hobbes observe that humans are obstinate in their will to develop and conserve their own living space. To achieve this, they use the degree of freedom necessary to reach their goals. [...]
[...] The Inadequacy of The African human rights system could lead to the disappearance of indigenous populations. [...]
[...] The first structure (CAEDBE) mentioned is tasked with ensuring the respect of individual and social rights of children on the African continent. The African Commission on Human and Peoples' Rights (ACHPR) was conceived within the framework of the African Charter to be the guarantor of the principles enshrined in this charter. In concrete terms, it must ensure respect for human rights throughout the African continent.5. The African Court on Human and Peoples' Rights is based in Arusha, Tanzania. It is complementary6 The African Court on Human and Peoples' Rights is based in Arusha, Tanzania. [...]
