The charter of the organisation of African unity, a critical analysis in view of state practice
Ruigu, Jane N
The Central Concern of this thesis is to critically analyse the normative contents of the charter of the Organisation of African Unity (OAU) in the fields of decolonisation, settlement of
disputes!, economic development and human rights. The thesis aims at proving
that the OAU Charter provisions on decolonisation, settlement of disputes, economic development and human rights together with the subsequent strategies that have been adopted by the OAU in these fields call for a complete overhaul to align them with Africa's contemporary needs. The bottomline of this analysis t.here10re!, is that a more authoritative organisation ought to be created byﾷ the Charter. An organisation clothed with
strategies in implementational the studied some and with could enforcement measures and with clear guideline machinaries in its provisions perhaps be able to solve problems when they arise in Africa. Such an organisation must also have the jurisdiction to intervene in all situations that may endanger and or threaten the maintenance of peace and security.
continental In Chapter i!, we outline the historical genesis of the OAU Charter, its purpose, aims and objectives, principles and institutional machinery. We analyses the circumstances
under which the charter was created and the ideologies of the various groups that existed and
how these ideologies affected the efficacy of the organisation created by the Charter.
In Chapter two, we examine the OAU Charter provisions decolonization it one the
purposes the OAU to-eradicate forms colonialism Africa. analyze of colonialism in Africa and might been included in the phrase 'all forms of colonialism in the charter we examine international legal rules concerning colonialism and juxtapose them with the OAU provisions on colonialism. The Chapter also ex~mines the measures for combating colonialism within the OAU Charter and how effective ~hey have been in doing so. Chapter three discusses the OAU Charter provisions on the settlement of disputes in Africa. We analyse the concept of dispute within the OAU framework and also within the United Nations system which is taken here to lay down the internationally established principles on settlement of disputes. We also analyse the types of disputes that confound Africa in order to find out whether the charter adequately deals with them.
The conflict control mechanism of the OAU charter and the extent to which these mechanisms have facilitated or hindered the organisation in its en devour to settle inter and intra-African dispute are also discussed in this chapter. In this respect, we deal with variou6 disputes where the OAU has tried to intervene and where its charter weaknesses have been clearly illustrated.
Chapter four discusses the charter provisions on economic development in Africa. We start by outlining the provisions on economic and social development as enshrined in the charter. For comparative purposes, we discuss economic and social provisions as enshrined in both the United Nations Charter and the treaty establishing the European Economic Community. The treaty establishing the East African Community, cit once successful regional economic arrangement in Africa has also been discussed for comparative purposes.
Further, we examine the economic strategies that have been evolved by the OAU to-date which were aimed at of re-dressing the legal shortcomings within the charter the OAU and how effective these have been Chapter five examines the place of human rights within the OAU Charter. We discuss the concepts of human rights in its universal application and in the OAU framework. We then analyses the OAU Charter mechanism for the protection and promotion of human rights. We also discuss the African Charter on Human and People's
Rights or the otherwise this Banful charter; charter c:an be how effective or carrying out the
and in objectives set out therein. A comparative analysis of the OAU charter and the Banful Charter provisions on human rights with the United Nations and the European systems has also been incorporated in this chapter. Our thesis ends with an evaluation of our discussion in the chapters and then draw the conclusions 'flot-ling therefrom erred make ﾷthe requisite recommendations.
University of Nairobi, Kenya
Type of publication|
Nairobi - University of Nairobi
Added to C-A: 2022-01-26;11:28:27|
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