Lone Lindholt - Questioning the Universality of Human Rights: African Charter on Human and Peoples Rights in Botswana, Malawi and Mozambique

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QUESTIONING THE UNIVERSALITY OF HUMAN RIGHTS

Questioning the Universality of Human Rights

The African Charter on Human and Peoples Rights in Botswana, Malawi and Mozambique

LONE LINDHOLT, Ph.D.

Institute of Legal Science sec. B

University of Copenhagen, Denmark

First published 1997 by Dartmouth and Ashgate Publishing

Reissued 2018 by Routledge

2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN

711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright Lone Lindholt 1997

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:

Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Publishers Note

The publisher has gone to great lengths to ensure the quality of this reprint but points out that some imperfections in the original copies may be apparent.

Disclaimer

The publisher has made every effort to trace copyright holders and welcomes correspondence from those they have been unable to contact.

A Library of Congress record exists under LC control number: 97007872

ISBN 13: 978-0-367-00042-4 (hbk)

ISBN 13: 978-0-367-00047-9 (pbk)

ISBN 13: 978-0-429-44482-1 (ebk)

Contents

AC	African Charter on Human and Peoples Rights
ACom	African Commission on Human and Peoples Rights
ACRC	African Charter on the Rights and Welfare of the Child
AFORD	Alliance for Democracy
AMCHR	American Convention on Human Rights
AMCourtHR	American Court on Human Rights
BC	Constitution of Botswana
BCC	Botswana Constitutional Conference
BCCC	Botswana Constitutional Conference Committee
BCCom	Botswana Constitutional Committee
BCPEA	Botswana Criminal Procedure and Evidence Act
BEA	Botswana Education Act
BPC	Botswana Penal Code
CSCE	Conference on Security and Cooperation in Europe
ECHR	European Convention on Human Rights
EcomHR	European Commission on Human Rights
ECOSOC	Economic and Social Council
ECourtHR	European Court of Human Rights
HRC	Human Rights Committee
ICCPR	International Covenant on Civil and Political Rights
ICESCR	International Covenant on Economic, Social and Cultural Rights
ICJ	International Court of Justice
ICRC	International Convention on the Rights of the Child
ILO	International Labour Organisation
KCC	Kenya Constitutional Council
KCCC	Kenya Constitutional Council Committee
MAC	Constitution of Malawi (1994)
MAPC	Malawi Penal Code
MIC	Malawi (Independence) Constitution (1964)
MOC	Constitution of Mozambique (1990)
NCC	National Consultative Council
OAU	Organisation of African Unity
OAUCR	OAU Convention Governing the Specific Aspects of Refugee Problems in Africa
ONUMOZ	UN Monitoring Forces in Mozambique
SADCC	Southern African Development Cooperation Conference
UD	Universal Declaration of Human Rights
UMCA	Anglican Universities Mision to Central Africa
UNCAT	UN Convention on Torture
UNCR	UN Convention on Refugees
UNCRP	Protocol to UN Convention on Refugees

This book was written over a period of several years during my time as a Junior- and Senior Research Fellow at the Institute of Legal Science, sec. B, University of Copenhagen.

The initial analysis of the African Charter on Human and Peoples Rights in relation to international human rights instruments as well as the Constitution of Botswana was completed in 1994, when I submitted it for my Ph.D at the University. It was published in an A4 offset publication at my Institute, and distributed in a limited number. At that time it also included a chapter discussing various legal theories in relation to human rights, which has been left out in the present edition.

When Dartmouth agreed to publicize my book in 1995, I was asked to provide a broader African perspective, and I decided to include in my analysis the two new Constitutions of Malawi and Mozambique from 1994 and 1990, as well as an update of the other chapters to include the latest legal developments in Botswana and, in particular, the initiatives of the African Commission. This revision was completed in July 1996, and no further material has been included after that time.

I owe deep thanks to a lot of people, without whose help this book would never have been finished. First and foremost the Institute of Legal Science sec, B, Faculty of Law at the University of Copenhagen which has provided me with working space, a salary and other resources for many years, and where my colleagues, past and present, have helped and supported me in every aspect of my work. Also the staff at the Danish Centre for Human Rights, which is a place where I always feel very welcome, was most supportive, in particular when it came to letting me use their excellent library facilities. The Danish Research Council financed my 3-month stay in Botswana in 1990, and the Ministry of Foreign Affairs provided me with the opportunity to visit Mozambique in 1993 and 1994 on short-term teaching assignments. Finally, my consultancy with the Danish Centre for Human Rights in 1996 allowed me to go to Malawi just before completing the final manuscript.

Other institutions and libraries who have been very helpful are the School of Oriental and African Studies, the Institute of Commonwealth Studies and the Advanced Legal Studies Library, all in London. Here, Gillian Nevins at Amnesty International also gave me a lot of encouragement and assistance. Members of staff of the Hunger Project Global Office in New York and Dr. Wolfgang Benedek, University of Graz, Austria, have provided both important information and inspiration over the years. The staff at the secretariat of the African Commisison have also been very helpful.

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