A comparative analysis of the involvement of National Human Rights Institutions in the UN and the African Union systems

University essay from Lunds universitet/Juridiska institutionen

Abstract: The thesis engages in a comparative analysis of the involvement of National Human Rights Institutions (NHRIs) in the UN and the African human rights systems. Thus, the thesis seeks to answer the question: What lessons can be drawn from the system of the involvement of NHRIs in the UN Human rights system to that of the African human rights system? Assuming that the UN system is far more developed and advanced than the latter, the thesis explores to what extent the African system could be adapted to resemble the UN system with regards to NHRIs. The thesis begins with a general discussion on the concept of NHRIs. Much of the first section is devoted to the Paris Principles which are the international Minimum standards of NHRIs. In addition to a discussion on each element of the Paris Principles, this section also describes the various types and forms of NHRIs in the world. The next two sections present an account of the involvement of NHRIs in the UN and AU systems respectively. Questions such as: what is the status of NHRIs in the UN; what are the functions of the International Coordination Committee (ICC) of NHRIS; and how far do the UN Human Rights mechanisms interact with NHRIs, are dealt with in the first of these sections. A careful study of this part of the thesis helps identify what lessons could be learnt from the UN system to improve the participation of NHRIs in the African context. This section precedes the part of the thesis which addresses NHRIs’ participation in the African Human Rights system. These two sections together lay the ground for the final part of the thesis: conclusions and recommendations. The thesis concludes that numerous lessons can be taken from the interaction of NHRIs and various UN organs which can be adapted to the AU system. A comparison of the two systems vis-à-vis NHRIs reveal the weak involvement of NHRIs in the AU system. Therefore, the thesis concludes by pointing towards areas where the interaction between African NHRIS and the continental organization, AU, could take lessons from that of the UN and its system of NHRIs.

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