Effectiveness of human rights evaluating the safeguards in the African Great Lakes Region

Eisa, Abd Almageed Awad (2018) Effectiveness of human rights evaluating the safeguards in the African Great Lakes Region. PhD thesis, University of Bolton.

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Abstract

Human Rights' are based on the principle of respect for the individual. Their fundamental assumption is that each person is a moral and rational being who deserves to be treated with dignity. They are called 'human' rights because they are universal. Whereas nations or specialised groups enjoy specific rights that apply only to them, Human Rights are the rights and freedoms to which everyone is entitled, no matter who they are or where they live: simply because they are alive. Human Rights have logic of their own. This stems from the fact that they have developed in domestic constitutional documents before becoming part of the corpus of the international legal philosophy, and they govern the relationships between the state and individuals under their jurisdiction, rather than simply relationships between states. More than six decades ago, the Human Rights movement was born out of the disasters of the Second World War, Human Rights norms and institutions deeply inform the rhetoric, practice and theory of international law and politics, as well as the national constitutional structures of a large number of States. The Universal Declaration of Human Rights, which was adopted by the UN General Assembly on 10 December 1948, was the result of the experience of World War II. With the end of that war, and the creation of the United Nations, the international community vowed never again to allow atrocities like those seen in that conflict to happen again. It would have been impossible to develop a framework for the study of Human Rights in many countries without including the international and political aspects of the field (laws, processes and institutions). Today, the Human Rights movement is seen as involving international law and institutions, as well as the spread of liberal constitutions among states. Developments in international Human Rights have been heavily influenced by international law and institutions, as well as by pressures from other states attempting to enforce international law. Therefore, the study of international Human Rights norms without deliberation on the international organisations that implement, develop, apply and enforce them would be an ineffective enterprise. Furthermore, comparative approaches to Human Rights law and the genuinely international aspects of Human Rights are today recognised as complex and intertwined with the growth of Human Rights norms, the reasons and effects of their violations, the reactions and sanctions of intergovernmental bodies or other states, the transformations of internal orders, and so on. From another point of view, it would be too difficult to comprehend the character of the Human Rights movement without a basic awareness of international law and its contributions to it. Therefore, the movement is necessarily rooted in that body of law, and distinctive organisations intended to assist in realising its aspirations are creations of international law.3 In addition, universal organisations and regional or sub-regional intergovernmental organisations are useful for developing, protecting, monitoring and enforcing the rules and standards of the Human Rights movement. For instance, the UN Charter and UN organs have contributed considerably to the evolution of the universal Human Rights system. The aims of this thesis are to examine the positive effects of international Human Rights law and the regional and sub-regional intergovernmental organisation on the Human Rights protection. In addition, I will specifically examine and measure the practice of Human Rights in the African Great Lakes Region AGLR, as a case study. The study also will undertake a comparative analysis on the implementation of Human Rights in the AGLR and the international Human Rights movement and protection, addressing the following research questions: 1. To what extent do the UN, AU and ICGLR Human Rights systems effectively address the root causes of Human Rights violations? If they do, how do they contribute effectively to safeguarding Human Rights in the AGLR? 2. What are the legal powers of the ICGLR, AU, and UN for monitoring the enforcement of International Human Rights law in the AGLR? 3. Are the governments of the core countries of the GLR capable of protecting civilians' rights and preventing the criminal offence of genocide, crimes against humanity and war crimes? 4. Why is judicial protection preferred over other enforcement mechanisms in the context of the AGLR? 5. What is the status of Human Rights in the core states of the GLR within the domestic legal systems? 6. How has the European system promoted Human Rights protection? And to what extent have UK Human Rights structures traced back to length history and what was the impact on the ECHR 1950? 7. What is the international strategy for Human Rights safeguards in the AGLR? Comprehensive answers to these questions will identify the real status of Human Rights in the African Great Lakes Region. To that end, this research will assess Human Rights compliance in the AGLR. The thesis will be divided into eight chapters. Chapter 1 discusses the notion of Human Rights protection. Chapter 2 is concerned with the role of the United Nations in Human Rights Protection. Chapters 3 and 4 examine Human Rights protection under regional intergovernmental organisations, with the African Union and European Structures as models. Chapter 5 looks at the status of Human Rights in the African Great Lakes Region, and Chapter 6 evaluates the status of Human Rights in four of the five core countries of the GLR (DRC, Burundi, Rwanda and Uganda). Chapter 7 considers the Great Lakes Region and international strategy. Finally, and Chapter 8 provides the conclusions and recommendations.

Item Type: Thesis (PhD)
Additional Information: Electronic version of the thesis submitted in partial fulfilment of the requirements for the award Doctor of Philosophy at University of Bolton
Divisions: Institute of Management
University of Bolton Theses > Law
Depositing User: Tracey Gill
Date Deposited: 10 Dec 2020 10:00
Last Modified: 10 Dec 2020 10:00
URI: http://ubir.bolton.ac.uk/id/eprint/2953

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