The second chapter explores the imprints of the African Charter on the governance architecture of the continent. Thus, the language of human rights and the adoption of the Charter for this purpose were an inevitable consequence.
Background to the African Charter on Human and Peoples' Rights
Ouguergouz argues that clause 4 of the "Lagos of Lagos" was a measure of the birth of the African Charter. 24See 'Strategic Plan of the African Union Commission' VoU (2004), available at http://www.africaunion.org/rootfau/AboutAulVision/Volume l.pdf.
Objectives
Research problem
Furthermore, to what extent the architecture of the African Charter has advanced the agenda of democratic governance in Africa. The reference he made to human rights was essentially not at the core of the Charter.
Human rights and democratic governance
The bottom line is that human rights are universal and are the birthright of every member of the human family. In other words, democracy does not equal prosperity, but it allows the will of the people to flourish.
Constitutional government and human rights
The International Covenant on Civil and Political Rights (ICCPR), which had a strong influence on the African Charter, presents an interesting dimension in the promotion of civil and political rights. It recognizes that the ideal of free people enjoying civil and political liberty is dependent on or can only be achieved if conditions are created for all to enjoy these rights.54.
Conclusion
The previous chapter focused on the draft of the African Charter and related issues. This chapter seeks to examine the influence of the African Charter on Africa's governance architecture.
The African Charter and its influence on the continental architecture
In this chapter, Article 3 of the AU Constitution, whose language deals with democratic governance and human rights in accordance with the African Charter, has been highlighted. Additional emphasis has been placed on the principles of the African Charter in the AU's constitution on "promotion of gender equality" and "respect for democratic principles, human rights, the rule of law and good governance".94. The next chapter examines in detail the design and implementation of the African peer review mechanism (APRM) and its effect on the quality of democratic governance within the context of the African Union.
Introduction
It is the process designed to deal with the monitoring and assessment of the nature and extent to which African countries have complied with the precepts of human rights and good governance. In the APRM base document, the mechanism is defined as 'an instrument to which member states of the African Union have voluntarily acceded as an African self-monitoring mechanism'.117. First, the position of the AD here to achieve its objective of promoting good political governance and good economic and corporate governance as part of promoting democracy and human rights is dependent on a 'demonstrable will' of a reviewed country.
Diagnosis of APRM in the context of AV, SADe and NEPAD
Since its adoption in 1981, the African Charter provided a basis for the AD Constitutive Act and the NEPAD Declaration on Democracy and Governance in formulating principles for stable and sustainable democracy. Landsberg notes that African leaders approved the African Union Constitution Act, which would become the article of faith and constitutional law. Africa has not been left out of the global trend of democratization and the promotion and protection of human rights.
Conclusion
Democratic stabilization, strengthening, consolidation and deepening as concepts and principles have in the latter part of the 20th century taken center stage in debates about democracy and governance. 152 In general, discussions of human rights in the context of governance center on civil and political rights as enshrined in the International Covenant on Civil and Political Rights (ICCPR) of 1966.153 Among the key aspects of the Convention are political freedoms such as freedom of expression, freedom of the press and freedom of association and assembly, as well as the right to vote and eligibility. Africa with particular reference to the democratization processes of the early 1990s and how these have affected democracy and peace building.
Historical Background
Although this 'second wave of independence' has ushered in a new multi-party democratic process that has led to almost all SADC member states holding regular elections, Matlosa believes that this process is, however, marked by interesting contradictions, which call for interrogation. The use of the term 'second wave of independence' refers to the democratization process aimed at abolishing a single party-state that dominated African politics after independence. The collapse of the apartheid state and the end of one-party regimes in other parts of the region, such as Zambia and Malawi, have led to new commitments to democracy and human rights, as set out in the international treaties to which these countries are parties.
Theories and concepts of elections in Africa
As suggested elsewhere, the belief of some African leaders and intellectuals in the value of democracy can be inferred from the provisions of the African Charter on Human and People's Rights. This was the beginning of a commitment by African heads of state to establish human rights-centered governance based on the will of the people. In any state, government authority can only derive from the will of the people expressed in true, free and fair elections held at regular intervals on the basis of universal, equal and secret suffrage. 168.
From governance to democratic governance
NEPAD places some emphasis on these areas to entice the developed world to play an active role in turning the continent's fortunes around. African democracies must possess certain universal elements that mostly deal with the better aspirations of the people, for example the guarantee of human rights, freedom of expression and due process of law.173. This is an emphasis on the need for political accountability of the state and empowerment of citizens by giving them their rights as prescribed in the African Charter and the Universal Declaration of Human Rights.
Elections as a critical factor of governance
Some of the definitions from leading multilateral institutions seem to focus on the process through which this power is exercised. Democratic governance, which has been a strong focus of the 2002 Human Development Report, differs from the "good governance" concept in that it centers on the principles of civil and political rights, dealing with political freedoms, human rights and the elimination of all . forms of discrimination. Democracy, which is devoid of civil and political rights, is limited in scope such as freedom of speech, freedom of association and freedom of assembly, ensures transparency and accountability of the state.
Conclusion
With the existence of the SADC Treaty, which entered into force in 1992, SADC regional governments committed themselves to democratic governance. At the continental level, the GAU/AU Declaration on Principles Governing Democratic Elections in Africa refers to a number of protocols that emphasize democratic principles, such as the Cairo Agenda for Action adopted in 1995, which emphasizes good governance "through popular participation, based on respect for human rights and dignity, free and fair elections and respect for the principles of freedom of the press, speech, association and conscience". The Southern African region has come a long way from authoritarianism, one-party rule and apartheid rule to a type of democracy based on the will of the people determined by competitive electoral processes.184.
Introduction
Our dream of Africa's renaissance as we enter the new millennium depends as much as anything on every country and every regional group on the continent committing to the principles of democracy, respect for human rights and basic principles of good governance. But these considerations cannot diminish or completely override our shared concern for democracy, human rights and good governance in all our constituent states. It emphasizes the interdependence of peace, security, stability, good political and economic governance and respect for human rights.
African renaissance: Calling for an African century!
For African leaders to realize these new ideals, there must be a change in mindset. The lack of enforcement mechanisms in the past had been a sore point in the entire architecture of the African human rights system. Interestingly, in its content, NEPAD asserts and frames an emphatic recognition of the interdependence of peace, human rights and development, which is an important development as it reaffirms the assertion of interrelated rights to development outlined in the African Charter.
Increased emphasis on principles of democratic governance
Ensure the establishment/operation of continental institutions that work for democracy and respect for human rights;. This plan by the AD Commission indicates a greater emphasis and commitment by this new breed of leaders to democracy, respect for human rights and the rule of law. Democracy and respect for human rights prevail underpinned by the necessary constitutional, legislative and institutional arrangements; and.
Conclusion
This is a manifestation of the breakthrough that the African Charter offers towards the realization of democratic governance on the continent through the concerted promotion and protection of human rights. The arrival of the African Court of Human Rights further marks a level of seriousness for the AU compared to its predecessor on the promotion and protection of human rights. Good governance, the implementation of the PAP and ECOSOCC and the establishment of the African Court on Human and Peoples' Rights.
APPENDICES
African [Banjul] Charter on Human and Peoples' Rights
Duties Article 27
To maintain the harmonious development of the family and to work for unity and respect for the family; to always respect his parents, to support them if necessary; to work to the best of one's ability and ability and to pay taxes determined by law in the interest of society; to preserve and strengthen positive African cultural values in relations with other members of society in a spirit of tolerance, dialogue and consultation and generally to contribute to the promotion of the moral well-being of society;
Measures of Safeguard
Establishment and Organization of the African Commission on Human and Peoples' Rights
Mandate of the Commission Article 45
Interpret all the provisions of this Charter at the request of a State Party, an institution under the OAU or an African organization recognized by the OAU. Perform all other duties as may be entrusted by the Assembly of Heads of State and Government.
Procedure of the Commission Article 46
The Commission shall submit to each ordinary session of the Assembly of Heads of State and Government a report on its activities. An emergency duly noted by the Commission is presented by the latter to the President of the Assembly of Heads of State and Government, who may request an in-depth study. The report on the activity of the Commission is published by its President after it has been reviewed by the Assembly of Heads of States and Governments.
Applicable Principles Article 60
Definitions
Establishment
Objectives
Principles
Meetings
Interpretation
African Union Statutes of the Economic, Social and Cultural Council available at http://www.transafricaforum.org/documents/ECOSOCCSTATUTES-A U.pdf. Foreign Policy Perspectives in a Democratic Southern Africa - http://www.anc.org.za/ancdocs/policy/foreign.html. SADC Principles and Guidelines for Democratic Elections, available at http://www.sokwanele.com/pdfs/sadcprotocolelections.pdf.
