在非洲履行《非洲人权和人民权利宪章关于非洲妇女权利的议定书》规定的报告义务的障碍

Adetokunbo Johnson
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引用次数: 3

摘要

国家报告程序是监测人权遵守情况的重要手段之一。根据《非洲人权和人民权利宪章》第62条和《非洲人权和人民权利宪章关于非洲妇女权利的议定书》第26(1)条的规定,缔约国必须向非洲人权和人民权利委员会提供关于各自国家人权状况的详细报告。国家报告应每两年提交一次,并应概述在实现《非洲妇女议定书》规定的权利方面所采取的步骤、取得的进展和遇到的挑战。不幸的是,只有少数几个州履行了这一报告义务。因此,本文确定并调查了履行《非洲妇女议定书》规定的报告义务的障碍。具体来说,它质问为什么一些非洲国家政府在通过批准该文书表现出重大承诺后,却未能履行其报告义务。人们承认,虽然可能有无数的障碍可以克服,但这篇文章指出了不报告《非洲妇女议定书》的具体障碍。报告以某种形式的乐观态度结束,认为尽管在履行《非洲妇女议定书》的报告义务方面存在困难,但应该让非洲政府负起责任,并使其看到报告人权遵守情况所能产生的价值。有人强调,非洲委员会需要采取积极步骤,促进报告过程本身更加严肃,从而鼓励和迫使缔约国开始认真对待其报告义务并履行其中的义务。最后,为了克服这些障碍,向非洲委员会、非洲各国政府和民间社会组织等关键利益相关者提供了建议。关键词:《非洲宪章》;非洲妇女议定书;妇女的权利;状态报告;非洲委员会
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Barriers to fulfilling reporting obligations in Africa under the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa
SUMMARY The state reporting process is one of the important means through which human rights compliance is monitored. Pursuant to article 62 of the African Charter on Human and Peoples' Rights and article 26(1) of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, state parties are required to provide a detailed report on the human rights situation in their respective countries to the African Commission on Human and Peoples' Rights. The state report should be submitted every two years, and should outline the steps, the progress made, and challenges encountered in realising the rights provided for in the African Women's Protocol. Unfortunately, only a handful ofstates have fulfilled this reporting obligation. Consequently, this article identifies and investigates barriers to fulfilling reporting obligations under the African Women's Protocol. Specifically, it interrogates why some African governments have failed to fulfil their reporting obligations after showing significant commitment by their ratification of this instrument. It is acknowledged that while there might be a myriad of barriers that could be advanced, the article identifies specific barriers to non-reporting on the African Women's Protocol. It concludes with some form of optimism, arguing that the difficulties to fulfilling the reporting obligations on the African Women's Protocol notwithstanding, African governments should be held accountable and made to see the value that could be derived from reporting on human rights compliance. The African Commission's need to take up proactive steps to facilitate increased seriousness to the reporting process itself, which would then encourage and compel state parties to begin to take their reporting obligations seriously and fulfil the obligations therein, is underscored. Finally, to overcome these barriers, recommendations are proffered to critical stakeholders such as the African Commission, African governments and civil society organisations. Key words: African Charter; African Women's Protocol; women's rights; state reporting; African Commission
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来源期刊
African Human Rights Law Journal
African Human Rights Law Journal Social Sciences-Social Sciences (miscellaneous)
CiteScore
1.00
自引率
0.00%
发文量
15
审稿时长
24 weeks
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