Human rights: A comparative study of the current Zambian Bill of rights and the African charter on human and people's rights

View/ Open
Date
2013-05-09Author
Siamoondo, Noel
Type
OtherLanguage
enMetadata
Show full item recordAbstract
In the year 1987, Zambia ratified the African Charter on Human and People's Rights. The implication of such an undertaking is that it places a mandate on Zambia to honour the intemational obligations contained in this instrument as failure to do so would defeat the whole purpose of treaty ratification. This paper undertakes to compare the provisions of the current Zambian bill of rights to those of the African Charter. It must be mentioned that the documents under consideration are different in that while the Zambian bill of rights is a national law, applying only in one country, the African Charter is a regional instrument applying to countries signatory to it. It thus becomes a difficult task to find exact similarities in the formulation of the rights. Therefore, it will be necessary to draw implications from interpretation of various provisions where important points have not been explicitly made. It will do this by comparing the jurisprudence of the African commission on Human and People's Right to that of the Zambian Courts in terms of interpretation of the rights. The enforcement mechanisms of these rights provided for under both documents will also be examined. It will then become necessary to evaluate the protocol establishing the African Court for Human and People's Rights and how this special court will relate with the African Commission. The paper will conclude by giving a summary of the findings of each chapter and it shall recommend the domestication of the African Charter; abolition of the death penalty in Zambia or restrict the imposition of such a penalty to the most serious crimes; and finally, the enactment of a Freedom of Information Act.
Collections
- Law [602]
Related items
Showing items related by title, author, creator and subject.
-
Are economic social and cultural rights key in improving the lives of the Zambian people and if so what basis should they be included in the bill of rights to be contained in the new constitition under debate in the national constitutional conference NCC to ensure maximum protection of human rights or achievement of human development
Kabwe, Maybin (2013-05-16)The demand to incorporate the economic, social and cultural rights is noted on the respect for the dignity of the human person. That is, the worth of being human is not constituted by any human declaration or institution ... -
Economic, social and cultural rights in Zambia: A critical look at the provisions relating to their protection in the 2010 draft constitution.
Chisuwo, B. Chisuwo (2013-02-27)This dissertation critically analyses the provisions in the draft constitution of the Republic of Zambia, 2010 with regard to economic, social and cultural rights. This paper is written in a setting where currently in ... -
The effectiveness of the permanent human rights commission in the enforcement of fundamental human rights and freedoms in Zambia
Chakota, Erica (2013-06-13)As more and more countries take the decision to establish national human rights institutions, the need for guidelines on how such bodies can be created and operated for maximum effectiveness becomes increasingly evident1. ...