АФРИКАНСЬКА СИСТЕМА ТА МЕХАНІЗМИ ЗАХИСТУ ПРАВ ЛЮДИНИ

Abstract

The article is devoted to the regional African system and mechanisms for the protection of human rights. The article examines the historical stages of formation and development of the African human rights system. In particular, attention is paid to the adoption of the African Charter on Human and Peoples 'Rights, the establishment and operation of the African Commission on Human Rights, the African Court of Human and Peoples' Rights, as well as its competences and specifics. The role of the Organization of African Unity in the development process for the approval of human rights mechanisms on the African continent is also noted. According to the results of the study, the author concludes that today the system of human rights protection on the African continent is still in its infancy. African human rights mechanisms have a number of features in comparison with European or American ones, and their harmonization is a difficult task. The African Court of Human Rights has been in force since 1998, with the adoption of the African Charter on Human and Peoples' Rights, which has wider jurisdiction than its European and American counterparts. Africa's judicial system is still being reformed to expand the jurisdiction of the African Court of Human and Peoples' Rights. In 2014, the next stage of its reform took place. Thus, the jurisdiction of the Court was expanded to deal with criminal cases, in particular, the crime of genocide, aggression, crimes against humanity, war crimes, as well as ten other crimes under the Malabo Protocol. Another innovation is immunity from prosecution for officials of states, which is contrary to the Rome Statute and the Statute of the African Union. These amendments will enter into force upon ratification of the Protocol by all States Parties.