Week 6: International Human Rights Law –

(Mechanisms and Bodies)

This lecture examines the international human rights law systems – its mechanisms
and bodies. In doing so, we look at the Human Rights Council HRC as the most
critical international rights body regarding compliance. A further highlight is given
with regards to the treaty committees bodies as vehicles contextualising treaties and
its implementation. The discussions here touch on the mechanisms in both the
Council and the treaty bodies and its complementary nature in terms of rights
implementation and enforcement. An attempt is also made to explore the strength
and weakness of the formers. Regionally, and given the context, the lecture
emphasises the African rights mechanisms and bodies, mindful that there are other
regional human rights bodies – for example, the European, American, and Asian
human rights bodies.

Textbook Reading

 Jane Conners, ‘United Nations’; in Moeckli et al (eds.), International Human Rights

Law 3rd edn (OUP 2018) 369-464
 Christof Heyns and Magnus Killander, ‘Africa’; in Moeckli et al (eds.), International
Human Rights Law 3rd edn (OUP 2018) 465-481

Essential Reading

 Makau Mutua, ‘Human Rights and the African Fingerprint’; in Makau Mutua, ‘Human
Rights’ (University of Pennsylvania Press 2002), 71-93
 Paul Grady, ‘the Politics of Human Rights’ (2003) Vol. 24 (4) Third World Quarterly,
745-757
 Chaloka Beyani, ‘Reconstituting the Universal: human rights as a regional idea’
(2012) Cambridge University Press, 173-190
 Samuel Moyn, ‘Do Human Rights Treaty Make Enough of a Difference?’ (2012)
Cambridge University Press, 329-347
 Christof Heyns, ‘Some Thoughts on Challenges Facing the International Protection of
Human Rights in Africa’ (2009) Neth.Q. Hum.Rts, 447
  Gerd Oberteitner, ‘Does Enforcement Matter?’ (2012) Cambridge University Press,
249-266

Further Reading

 Conor Gearty, ‘Spoils for Which Victor? Human Rights Within the Democratic State’
(2012) Cambridge University Press, 214-230
 Margot E. Salomon, ‘Winners and Others: accounting for international law’s
favourites’ (2012) Cambridge University Press, 272-292

Lecture Questions

1. To help counter states reports, the HRC sometimes rely on country

information from stakeholders, for example, NGOs, NHRIs, etc. In your
opinion, is this problematic?
2. What is some of the weaknesses of the UPR mechanism according to you?
3. Is the regional grouping in the HRC problematic? Why?
4. The special procedure mechanism of the HRC is considered one of the most
critical mechanisms regarding state compliance. How true do find this
statement?
5. How pragmatic is the individual complaint procedure in the HRC?
6. What is the primary concern regarding the HRC in terms of rights
enforcement?
7. From your understanding of the functions of these international bodies, how
complementary is the HRC to the treaty committees bodies?
8. What are the treaty committees obvious weaknesses?
9. What are the unique attributes in ACHPR?
10. What are the challenges facing the African Court regarding enforcement?
11. The ACHPR is sometimes critiqued for being dogmatic regarding sovereignty.
Discuss this in light of the Charter and its mechanisms?
12. Generally, what are the challenges facing the African rights protection body in
terms of enforcement? How could it then remedy this?