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Implementation by African states of the Plan of Action for the United Nations Decade for Human Rights

Published online by Cambridge University Press:  28 July 2009

Michael K. Addo
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Abstract

For Africa, the launch of the United Nations Decade for Human Rights Education represents an invaluable opportunity to help transform human rights ideals into reality. The article assesses the key characteristics of this strategy and its viability in the African context. It highlights current constraints on implementing the Plan of Action and suggests some solutions.

Type
Research Article
Information
Journal of African Law , Volume 44 , Issue 1 , Spring 2000 , pp. 96 - 109
Copyright
Copyright © School of Oriental and African Studies 2000

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References

1 I am indebted to the officials of the Office of the High Commissioner for Human Rights for their assistance in the preparation of this article although the views expressed do not necessarily represent the views of the High Commissioner and her officials.

2 A/RES/49/184.

3 See UN Doc. A/51/506/Add.1 of 12 December, 1996.

4 Plan of Action, para. 2.

5 See for example, UN Docs. A/50/698; A/51/506; A/52/469 and Docs. E/CN.4/1996/51 and E/CN.4/1997/46.

6 See art. 26 of the UDHR.

7 See art. 13 of the ICESCR.

8 See arts. 17 and 25 of the African Charter on Human and Peoples' Rights.

9 See arts. 28 and 29 of the Convention.

10 See art. 7 of CERD.

11 See art. 10 of CEDAW.

12 UN Doc. A/CONF. 157/24 (Part I), paras. 33–34 and (Part II), paras. 78–82.

13 Organized by United Nations Educational, Scientific and Cultural Organization (UNESCO) and the UN Centre for Human Rights in Montreal in March 1993.

14 See UN Doc. A/49/261-E/1994/110/Add. 1, annex.

15 See below.

16 The Plan of Action identifies the following UN specialized agencies as principal actors: UNESCO, United Nations Children's Fund (UNICEF), the International Labour Organization (ILO), the Office of the United Nations High Commissioner for Refugees (UNHCR), the United Nations Development Programme (UNDP), the United Nations Volunteers (UNV), the United Nations Environment Programme (UNEP), and the United Nations Centre for Human Settlements (Habitat).

17 Plan of Action, para. 18.

18 Plan of Action, paras. 21–23.

19 As far back as its 2nd Activity Report, the African Commission on Human and Peoples' Rights had called on African states to take appropriate measures to establish national human rights institutions. See Resolution on the Establishment of Committees on Human Rights or other similar organs at national, regional or sub-regional level. (2nd Activity Report of the African Commission on Human and Peoples' Rights, Annex VIII.)

20 The five African countries which had informed the High Commissioner and the Human Rights Centre of their national institutions for human rights education were: Algeria – National Observatory of Human Rights (focal point and centre); Chad – Ministry of National Education (focal point) and National Commission of UNESCO (centre); Tunisia – National Commission for Human Rights Education (focal point) and the Human Rights Documentation, Publication, Research and Study Centre (centre) which is linked to the Higher Committee for Human Rights and Fundamental freedoms and Ghana – Commission on Human Rights and Administrative Justice (focal point). Ministry of Human Rights (focal point) and Ministry of Education (centre). On this, see UN Doc. A/51/506 and UN Doc. A/52/469. Sudan has notified the High Commissioner of proposed plans for the establishment of national committees for Human Rights Education at the states level. See, on this, UN Doc. A/51/506, para. 41.

21 The following other countries are known to have national human rights institutions: South Africa (The Human Rights Commission established in March 1995); Togo (National Human Rights Commission of Togo, established in June 1987); Senegal (Human Rights Committee, established in February 1993); Burundi (National Human Rights Commission established in 1995); Cameroon (National Human Rights and Liberties Commission), established in November 1990; Malawi (National Human Rights Commission of Malawi) and Rwanda (Commission of National Unity and Human Rights, established as part of the Arusha agreement between the government of Rwanda and the Rwanda Patriotic Front).

22 Doc. GLO/95/AH/16.

23 See above.

24 See UN Doc. A/52/469/Add. 1 of 20 October, 1997, para. 31.

25 See UN Doc. A/52/469/Add. 1, para. 34.

26 This survey is expected to be published by mid-2000.

27 The Centre for Human Rights has so far produced handbooks and training manuals on human rights for selected audiences including handbooks on human rights and social work, human rights and elections, human rights and pre-trial detention, and human rights reporting, and expects to produce further manuals and handbooks on human rights and national institutions, human rights and the police, human rights and prisons, human rights and the administration of justice, human rights and the armed forces, human rights and constitutions, human rights and conflict resolution, human rights and teachers, human rights and the media, and human rights and parliament. See para. 44 of Plan of Action.

28 See UN Doc. E/CN.4/1996/51 para. 5.

29 On this, see UN Doc. A/50/698, paras. 26–29. See also United Nations, Human Rights Education and Human Rights Treaties (UN) 1999.

30 See UN Doc. A/52/496, para. 30. See also UN Doc. A/53/313.

31 See UNDP, Integrating Human Rights With Sustainable Human Development—A UNDP Policy Document (UNDP) 1998.

32 Article 17 provides inter alia: “Every individual shall have the right to education.” Article 25 provides that: “States parties to the present Charter shall have the duty to promote and ensure through teaching, education and publication, the respect of the rights and freedoms contained in the present Charter and to see to it that these freedoms and rights as well as corresponding obligations and duties are understood.”

33 See art. 45(1) of the African Charter on Human and Peoples' Rights.

34 Resolution on Human and Peoples' Rights Education, 7th Activity Report, Annex X.

35 Ibid, see also, Resolution on the African Commission on Human and Peoples' Rights, AHG/Res. 227 (XXIX), 6th Activity Report.

36 Plan of Action, para. 79.

37 Plan of Action, para. 85.

38 See http://w-ww.unhchr.ch and also UN Doc. A/53/313.

39 For the response of the World Bank to the survey enquiry of the OHCHR, see UN A/50/698, para, 34.