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Published byBeverley Thompson Modified over 8 years ago
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NHRIs engagement with Regional Human Rights Mechanisms Promoting good governance in E. Africa By Florence Butegwa, Independent Expert
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Introduction Outline the linkages between the NHRIs and global human rights institutions. Focus on the interactions between the NHRIs and the Africa regional human rights system; Propose some questions for discussion at this conference and in other forums
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Nature of NHRIs NHRIs - rooted in their national founding legislations part of a network of institutions that support the domestic implementation of the international and regional human rights obligations of the state.
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UN Human Rights System and NHRIs Various global instruments encourage UN member states to set up NHRIs in accordance with the Paris Principles Role – promote, protect and monitor implementation of human rights treaties at national level Support from UN to facilitate compliance
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NHRIs and continental h/rts system Normative frameworks African Court of Justice and Human Rights (& predecessors) African Committee of Experts on the Rights and Welfare of the African Child African Commission on Human and Peoples’ Rights AU Commission
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NHRI and the East Africa H/Rt System The fundamental principles that govern the achievement of the objectives of the EAC include promotion and protection of human rights. The observance of human rights is a condition precedent to joining the EAC (Article 3(3) of the EAC Treaty ). But no institutional mechanism for handling h/rts issues E. African court has no jurisdiction on human rights Looking forward to the NHRIs from the region engaging on this issue
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CSO engagement Critical and proactive engagement by CSOs at global, regional and national levels Creation of human rights standards, and the effort to encourage ratifications; and periodic reporting Monitoring through advocacy and constructive engagement at the national level Initiating communications at the ACHPR or the African Court
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CSO engagement (2) A very proactive and close engagement with the ACHPR in its promotional activities and capacity building Engagement with the AU Summits, and AU Commission not just on civil and political rights but on peace and security; women’s rights, children’s rights etc. Multisectoral approach Innovative in its engagement
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Why engage? Normative and institutional frameworks for engagement with regional institutions exist (varying degrees) Engagement must be strategic and purposive. I would encourage some focus on this issue. What have been the strategic objectives for engagement ? When and how do we review success and/or failure in our stated objectives? How responsive are the objectives to the prevailing political and human rights context in the East Africa and beyond?
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Challenges to inform engagement Political environment -Terrorism and national/regional/global responses and the potential impact on human rights -Rather fluid constitutions even as we celebrate more regular formal elections (implications for accountability and good governance) -Political instability and armed conflict within the region -Endemic corruption and its impacts on human rights including effective access to justice, and basic services for the majority of EAC citizens
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Human rights context Pervasive de jure and de facto discrimination and gender inequality (crow backs?) Deplorable conditions in our prisons Land grabbing and related disputes that are threatening livelihoods of people, and threatening the right to life. Threats associated with the emerging extractive industries in the region Challenges in access to justice Threats to CSO effectiveness
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