African human rights architecture in the 21st century: The case of the SADC Tribunal and its effectiveness in addressing human rights.

Abstract

This research was premised on the effectiveness of African human rights architecture in the 21st century with a special focus on the SADC Tribunal. It aimed at scrutinising and evaluating regional principles guiding human rights and analysing them vis-à-vis those adopted in the Southern African region. The overall objective was to analyse the effectiveness of the SADC Tribunal in dealing with human rights issues in the SADC region. It hypothesised that the SADC Tribunal has remained an ineffectual institution that has been lacking the capacity to live-up to prospects and expectations. This, thus allowed leeway to nation states to do as they please regarding people’s fundamental naturally bestowed entitlements. Consequently, this has seriously jeopardized people’s human rights in the SADC region. The need to add new information to already existing literature on human rights and sub-regional courts was the general motive behind the research. Primary and secondary, qualitative and quantitative data collection methods were utilised in the process of gathering data thus they formed the research design of the research. The research made use of a case study where qualitative data collection methods such as documentary search, focus group discussions and interviews were used to collection of data. Non-probability sampling techniques such as purposive or judgmental sampling were utilised in order to select relevant respondents in the process of research. Data was analysed using thematic and statistical analyses which are both qualitative and quantitative data analysis methods. Chapter two focused on conceptualising human rights, the architecture governing human rights in Africa and the Southern Africa Development Community, while Chapter three focused to analysing the SADC Tribunal. Chapter four gives an analysis of major findings and analysis where information gathered by the researcher reveal that the SADC Tribunal has done little to enhance human rights in the SADC region where politics has permeated the whole judiciary system. Chapter five proposes measures that can be implemented to make the SADC Tribunal effective and enhance human rights in the SADC region.