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State responsibility


African Charter incorporated into domestic law - Justiciable, status higher than ordinary legislation, but lower than Constitution

Amendments to legislation which violated human rights do not wipe out violation

Change of government/improved situation does not extinguish claim

Domestic law cannot be invoked to justify non-compliance with treaty obligations

Duty to give effect to rights in Charter in national law

Duty to give effect to convention rights in national law

Duty to investigate

Duty to protect citizens

Duty to respect, protect, promote and fulfil rights

Effective measures to prevent violations by non-state actors, due diligence

Obligation to respond to dissent and disquiet

Insufficient investigation into alleged violations

Improved situation does not extinguish claim

Non-retroactivity of Charter

No statute of limitation for seeking redress for human rights violations

Responsibility for actions of non-state actors

Ruling political party distinct from government

Violations by previous regime satisfactorily resolved/agreement to resolve dispute

Withdrawal of ratification cannot be done by domestic law

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