of the African Charter on Human and Peoples’ Rights Sample Clauses

of the African Charter on Human and Peoples’ Rights. (“Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force”); see also: Amnesty International, Fair Trials Manual, supra n.35, Chapter 26. agreement but not the military courts”.44 Amnesty International is concerned that the plain reading of the clause provides that if a person is suspected of a crime under international law that does not meet the restrictive “serious crimes” threshold set out Clause 7 and 13 (a),45 that person will not be prosecuted in an ordinary court, but submitted to a traditional mechanism or some other unspecified mechanism.46 Traditional mechanisms which fully respect the human rights of those accused and the victims can play an important role in national efforts to respond to human rights violations and promote reconciliation. In particular, they can play an important part in facilitating truth telling and the reintegration of abducted persons, including children, back into the community.47 However, such mechanisms should supplement, but not replace, the criminal justice process. Unfortunately, the Agreement and Xxxxx appear to propose traditional mechanisms as an alternative to national criminal justice.48 As the Office of High Commissioner for Human Rights has stated: Relying solely on traditional justice mechanisms, including for the most serious crimes, would set a dangerous precedent for impunity.49 Article 14 (1) of the International Covenant on Civil and Political Rights (ICCPR), to which Uganda is a party requires that the prosecution of serious crimes, including murder, rape, sexual slavery, torture and abductions amounting to crimes under international law must only be dealt with by competent, independent and impartial criminal courts able to afford all 44 As set out in section 3D above, it appears that crimes by Uganda’s armed forces or their civilian commanders are excluded from this provision. 45 See the analysis of the crimes listed in the Annex in section 3C of this paper.
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Related to of the African Charter on Human and Peoples’ Rights

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