The African Human Rights System, Activist Forces and International Institutions
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Detailed case studies of the African human rights system operating within Nigeria and South Africa.
Acknowledgements xList of abbreviations xiiiThe African human rights system, activist forces, and international institutions: an introduction 1Conventional conceptions of international human rights institutions 12Introduction 12Conventional conceptions of international institutions in general 14Conventional conceptions of international human rights institutions 40Summary of the arguments 61Conventional conceptions of the African system for the promotion and protection of human and peoples' rights 63Introduction 63A brief overview of the African system 65Conceptions of the African system as weak and ineffectual 67Conceptions of the ideal African system as a panacea 74Conceptions of the textual or organizational reform of the African system as the key to its success 75Enforcement-centrism in the conventional conceptions of the African system 78Voluntary compliance-centrism in the conventional conceptions of the African system 80How does the African system fare overall under the conventional evaluative models? 82Are conventional conceptions of the African system adequate? 88Summary of the arguments 90The impact of the African system within Nigeria 91Introduction 91Impact on judicial decision-making and action 96Impact on executive action 116Impact on legislative action 127Impact on civil society actors and struggles 134Assessing the overall impact of the African system within Nigeria 141Factors that have facilitated or militated against the African system's impact within Nigeria 148Summary of the arguments 153The utilization of the African system within South Africa 155Introduction 155Impact on judicial decision-making and action 156Impact on executive deliberation and action 177Impact on legislative debate and action 186Impact on the work of civil society actors 191Assessing the overall impact of the African system within South Africa 200Factors that have facilitated or militated against the African system's impact within South Africa 208Summary of the arguments 218Limited deployment of the African system within African states: further evidence and a general evaluation 220Introduction 220Impact on executive thought and action 224Impact on judicial decision-making and action 236Impact on legislative action 245Impact on the activities of civil society actors 250Specifying the conditions for the optimization of the domestic impact of the African system 253Summary of the arguments 272Toward an extended measure of IHI effectiveness: a quasi-constructivist perspective 273Introduction 273Reducing the emphasis on the domestic analogy 276Reducing the emphasis on the textual appropriateness and/or institutional capacity of IHIs 280Reaching beyond (while retaining) the state compliance measure 284Constitutive role of activist forces in IHI effectiveness 285Quasi-constructivism as broadly explanatory of the ACHPR phenomenon 287Hypothesizing the measure of IHI effectiveness 293Conclusion 296Select Bibliography 302Index 323
