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Browsing Law by Author "Abdi, Dinet"

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    The Jurisdiction of the African Commission on Human and Peoples' Rights to Ensure Compliance Against Violation by Member States
    (Addis Ababa University, 2008-11) Abdi, Dinet; Habib, Mohammed (PhD)
    This research has addressed the African regional human righls system within th e ambit of the jurisdiction conferred upon thc Commission on Human and Peoples' Rights. Historically speaking, the very fact lhat OAU / AU member countrics came to accept uniform obligations lo observe provis ions en s hrined in the Charter is a s ignifica n t step towards the right direction. But given the poor human rights records of virtually most of the member states, the Commission might have not found it easy to act as much as wha t the Ch arter seems to anticipate . The research has, therefore, in vcstigated the different circumstances in which member s tates seemed to comply with the recommenda tions of the Commission. When they did that, it is found out that they did it only as a mark of good faith and freely granted con sent. On the olhcr hand, member statcs have shown thcir resista nce whe ncvcr they found the rccommcndation of the Commiss ion contrary to th eir interests and even prejudices, Thus, the Commission appea red to be ha ndicapped to do as much as possible. The n eed to have a supplementary mech a nism in order lo follow up implemen tation of recommendations has been suggested in these reasons. Further, the Commission n eeds to reconsider lhe existing systems in which it determines what should be the appropriate remedia l measures in human rights related cases. These s u ggestions a re remedJl-based, among oth er things, on the lessons derived from the workings of other multila teral organizatio ns which a re considered very brieOy. However, due to the novelty of the th eme addressed in this rcsearch , my research effort is initiated to be only on modcst contribution to the on -going discourse on the subject