Human rights enforcement in africa: Enhancing the pan-african parliament’s capacity to promote and protect human rights

Abstract

To realise the promises and obligations emanating from various human rights frameworks that set regional normative standards, regional organisations have created organs and agencies with clear mandates. The Pan-African Parliament is one such organ in the context of the African Union. Indeed, article 3(2) of the Protocol establishing the Parliament lists the promotion of ‘the principles of human rights and democracy in Africa’ as one of its core objectives. However, the status quo clearly shows that the Parliament lacks the capacity to contribute meaningfully to the human rights agenda on the continent. Despite this deficiency, this article explores other avenues through which the organ can effectively contribute to its human rights mandate. However, the contribution questions the wisdom in adopting model laws in the absence of mechanisms to ensure the buy-in of member states as well as the adoption of these laws in national jurisdictions. Finally, the article proposes enhanced cooperation between the Parliament and various AU organs burdened with a human rights mandate to ensure that these organs ‘speak the same language’ and advance collective positions in furtherance of the broad AU human rights framework.