African Court on Human and Peoples' Rights

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The Ogiek Case of the African Court on Human and Peoples’ Rights: Not So Much News After All?

On Friday, May 26, the African Court on Human and Peoples’ Rights (African Court) delivered its long-awaited judgement on the expulsion of the Ogiek people, a Kenyan hunter-gatherer community, from their ancestral lands in the Mau forest. As the African Commission on Human and Peoples’ Rights (African Commission) did not manage to settle the conflict, it was transferred to the African Court in 2012. The relationship between the African Court and the African Commission is complementary. The African Court’s Protocol does not automatically allow for individual complaints (only eight states signed the Special Declaration rendering individual complaints possible) and its judgements are binding. It was the first indigenous rights case before the Court and it had raised hope with regard to the clarification and operationalization of the Charter’s “peoples’ rights”. The Court widely followed the African Commission’s application and found that the eviction of the Ogiek without consultation amounted to several rights violations: the right to non-discrimination (Art. 2), culture (Art. 17(2) and (3)), religion (Art. 8), property (Art. 14), natural…

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The Successes and Challenges for the European Court, Seen from the Outside

Laurence R. Helfer is the Harry R. Chadwick, Sr. Professor of Law and Co-director of the Center for International and Comparative Lawat Duke University. Cross-posted on AJIL Unbound. In this post I wish to address the successes and challenges for the European Court of Human Rights (ECtHR), as…

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