Nevertheless, the creation of the African Union (AU) brings hope that Africa has turned the corner. The provisions of the preamble, objectives and principles of the Constitutive Act of the African Union are crystal clear. A comparative analysis of the African Charter on Human and Peoples' Rights and the Constitutive Act of the African Union is based on the key clauses, objectives and intentions of the two human rights regimes.
The chapter therefore recognizes the outstanding achievements of the African Union in the last five years. In an attempt to justify the African Union's radical shift from the OAU past, chapter four discusses the establishment of the African Court on Human and People's Rights.
Introduction
The study also reflects on the historical activities of the OAU vis-à-vis the new ideology of the African Union. At the center of the African Union lies the most progressive trade-driven initiative, NEPAD. NEPAD is an African innovation practically designed to support the vision and goals of the African Union.
The New Partnership for Africa's Development is the economic development program of the African Union. There is a visible synergy between the institutions of the African Union and its founding act.
Economic Disparities and Inequalities
The Preamble of the Constituent Act of the African Union, which was agreed upon by the heads of state of all consenting countries, gives an extraordinary commitment to peace, prosperity, respect for human rights and democracy.16 This statement correctly dictates the rules and conditions for participation in the AU. This situation has led to countless wars and other political instabilities in the African region. While other factors have contributed to political instability in the African region, there is a link between economic status and conflict in warring African states.
The Southern African Development Community (SADC) has not covered much ground in its objectives to loosen trade barriers in the region, partly because of the economic gap between Member States. However, this growth rate is still below the average population growth rate in the SADC region.
The African Regional Economic Communities
They are well equipped to carry out and implement the mandate of the African Union and its plans of action. It is clear in the objectives of the African Union that the issue of cooperation is necessary for joint economic growth and political maturity at the regional level. The African Union's intention is to promote strong sub-regional blocs that will be empowered to respond to sub-regional crises.
34; The crisis in Ivory Coast has highlighted the ever-increasing fragility of West Africa. The African Union by its very nature condemns such instabilities in the region, but the influence of ECOWAS in condemning human rights abuses exceeds any other external intervention.
Promoting Democratic Values in the African Region
Second, the political conquerors of colonialism were rightly glorified as heroes of the struggle for change. While the ratification of the Protocol establishing the AU is remarkable and a record, the African Union still has governments that show no respect for human rights and democracy. The African Union peer review mechanism does not offer comprehensible solutions to the problem.
Critics of the new grouping of African states noted that a much-touted "Peer Review Mechanism" has failed to resolve the crisis in Zimbabwe. This study examines the African Union's peer review mechanism in addressing human rights issues and promoting democratic values.
Transition from OAU to AU
On paper, the Constitutive Act of the African Union presents a different face, which is more progressive and ambitious. For some reason, human rights violations in Zimbabwe have not attracted the attention of the African Union. Zimbabwe as a strategic member of the African Union poses a serious threat to the organization's credibility.
The current defunct national structures could further limit the African Union's implementation mechanisms. It is crucial that Member States are active in designing and implementing the African Union.
Conclusion
The African Union openly means that Africa will have to tackle its own problems and find solutions to decide its future. Improving governance and conflict resolution is perhaps the most fundamental requirement for accelerating the achievement of the AU's goals.
The African Union: The Challenge of Regional Reform
Conclusion
The events that led to the creation of the African Union can be said to be similar to those that led to the creation of the European Union. 82 See History of the European Union at htlp:lleuropa.eu.intlcommlpublicationslbookletsleu.Jjlancel121txt en.htm. See the history of the European Union at http://europa.eu.int/obe/history/index en.htm.
87 See the history of the European Union at http://europa.eu.int/abc/history/indexen.htm. 90 See the history of the European Union at http://europa.eu.int/abc/history/inde>Len.htm. The European Union is built on an institutional system more or less similar to that of the African Union.
Its involvement in the legislative process helps guarantee the democratic legitimacy of the adopted texts; 97 See History of the European Union, at http://europa.eu.int/abc/history/index en.htm. The President and members of the Commission are appointed by the Member States after approval by the European Parliament.
The Court ensures that the law is observed in the interpretation and application of the treaties. As certain Member States of the European Union have not yet adopted the euro, it is important to distinguish. Through its opinions, the ESC contributes to the design and implementation of EU policies.
Introduction
The African Union's support of the African Court for Human and Peoples' Rights is clearly reflected in the objectives of the Union as provided for in article 3 of the Constitution. 103 See the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of the African Court on Human and Peoples' Rights. 104 See article 3 of the Protocol to the Establishment of the Court of Human and Peoples' Rights.
After careful consideration of the limitations of the African Commission on Human and Peoples' Rights in the promotion and protection of human and peoples' rights, Article 1 of the Protocol establishing the African Court. 108 See the Protocol to the African Charter on Human and Peoples' Rights on the establishment of the African Court on Human and Peoples' Rights. 111 See the Protocol to the African Charter on Human and Peoples' Rights on the establishment of the African Court on Human and Peoples' Rights.
125 See Rules of Procedure of the Protocol establishing the African Court on Human and Peoples' Rights. 129 See Article 27 of the Protocol on the Establishment of the African Court on Human and Peoples' Rights. 131 See article 28 of the Protocol to the Establishment of the African Court on Human and Peoples' Rights.
The operation of the African Court on Human and Peoples' Rights will inevitably affect the work of the African Commission. Rather, it generally provides that the Court, taking into account the provisions of this Protocol, shall supplement the protection mandate of the African Commission on Human and Peoples' Rights. The African Union's recognition of the African Court has strengthened the ambition to consolidate a better instrument for the protection of human and people's rights in the region.
Introduction
The right to participate in the governance of your country is as good as the right to determine the future of the African region. Significantly, the African human rights system is based on two human rights instruments, namely the African Charter on Human and Peoples' Rights and the Constitutive Act of the African Union. In general historical terms, the recognition of the African Charter as a legal instrument presents a region evolving from one era to another.
140. See A.cheompong, 'Reforming the Content of the African Charter on Human and Peoples' Rights: Civil and Political Rights and Socio-Economic Rights', African Human Rights Law Journo/, vol.1, no. 2, 2001. It opens up legal technicalities for aggressive governments to ignore the Constitutive Act of the African Union and choose to use the clawback clauses of the African Charter. It would be appropriate for the new human rights system to disregard the African Charter, as it has neither consolidated nor protected human rights and the rights of people in the African region.
The Constitutive Act of the African Union must therefore be amended to clearly dissolve the powers of the African Charter so that it can decisively implement its own vision without delay. With regard to the African Court of Human and Peoples' Rights, a number of issues need to be addressed. Given the human rights record in the African region, the establishment of a clear human rights system is essential.
Both the African Charter and the Constitutive Act of the African Union give indications that a human rights court is a necessity for an effective African human rights regime. As regards the rules of procedure, neither the protocol establishing the 'Court' nor the Constitutive Act of the African Union are clear on how the rules will be established. The African Union is more direct, clear and firm about human rights issues and how they should be resolved.
Constitutive Act of the African Union
BIBLIOGRAPHY BOOKS
Architecture and Capacity of the African Union, paper presented at the AU/ADF Symposium, 3-8 March 2003. Occasional paper: African Court on Human and Peoples' Rights, presentation, analysis and commentary: Protocol to the African Charter on Human and Peoples' Rights, establishment of the court. The African Regional Court for Human Rights: Modeling its Rules of Procedure, Danish Center for Human Rights, Research Partnership 5/2002.
38th Ordinary Session of the Assembly of Heads of State and Government of the Organization of African Unity: Peer Review Mechanism, Durban, South Africa, 8 July 2002. Constitution of the Republic of South Africa 1996 adopted 8 May 1996 and amended on October 11, 1996 by the Constituent Assembly.
