ST.

AUGUSTINE UNIVERSITY OF TANZANIA

SCHOOL OF LAW

COURSE NAME : LAW AND DEVELOPMENT

COURSE CODE : SLW 446

SUBMITTED TO : SR. NGONYANI

SUBMITTED BY : GROUP 7

: JUNE 2020

STREAM :A

NO. NAME REG.NO

1 ROSELYNE M BUGIMBI LLB 55964
2 GEORGE DOMINIC LLB 55967
3 REBECA BONIFACE MWABUPE LLB 56118
4 FURAHA B SIMON LLB 56288
5 ROTHALINDA S MHAGAMA LLB 56422
6 RAPHAEL CLEMENT TIENG’O LLB 56570
7 REGINALD E MINJA LLB 56670
8 SHEMU MEDYUS LLB 56848
9 NAOMI RUBHERA MATO LLB 56947
10 AGNESS I MWAKALINGA LLB 57024
11 CHRISTINA F JOHN LLB 57058
Question:
DEVELOPMENT USING HUMAN RIGHTS APPROACH
1. UDHR, ARCHAPR
2. Declaration on the rights to development 1986
1) UDHR refers to the universal declaration ???a word is missing here human rights it is the

historical and first international document That spelled out the basic civil, political, economic,

social and cultural rights that all human beings should enjoy it was adopted by the united nations

general assembly at its third sesionon10th Dec 1948 as resolution 217 at the plays thy tailor in

Paris France it was adopted by 56 members of United nations. (is this paragraph one

sentence?)

World wars are the most challenges motivated the establishment of universal declaration to

outline the rights and freedom of everyone.1948 declaration signed to prevent the harrows of

WW II from re-occurring. 198 countries allowed women to vote and 57% of countries have

human right institutions and III(what does III mean?) countries adopted press freedom law.

The declaration forms part of customary International Law and it has served as foundation for

two Binding United Nation Human rights covenants.1 The of?? principles of the declaration are

elaborated in international convention of elimination of all forms of racial deracination??

against women. The United Nations covenant on the rights of the child, the united nation

covenant against torture any many other. (Is this a complete sentence?)

Therefore, the declaration continues to be widely by?? government, academics, advocate and

constitutional and by individuals who appeal to its principles for protection of the recognized

human rights.

1
Office of The High Commissioner for Human Rights Law,2014
AFRICAN COURT ON HUMAN AND PEOPLE’S RIGHT (AFCHPR)

(FOCUS ON AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS AND SEE

WHAT IT SAYS)

The African court on human and people’s rights (the court) is a continental court established by

African countries to ensure the protection of human rights (Human and people’s rights) in

Africa. it complements and reinforces the functions of the African commission on human and

people’s rights. The court was established by virtue Article 1 of the project to the African charter

on human and people’s right on the establishment of an African court on human and people’s

rights, (the protocol) which was adopted by warbler state of the organization of African unity

(OAU) in Burking Faso in June 1998 and the protocol can into force on 25 January 2004. The

court has jurisdiction over all cases and dispute submitted to it column the interpretation and

application of the African charter on human people rights the protocol and any other relevant

human rights instruments ratified by states concerned. Especially the court has two types of

jurisdictory which are contentious and advisory jurisdiction or where contentions jurisdiction is

the power of the court to deal with all cases and disputes submitted to it. (In regarding the

African court on Human and people’s rights (ARCHAPR) contentious jurisdictive is found under

Article 3 of the protocol.

Composition of the court (AFCHPR) AFCHPR is composed of II judges, nationals of member

state of the Africa union. The judges of the court are elected after nomination by the respective

states in their individual capacities from among African Jurists of proven integrity and of

recognized practical, judicial or academic ‘corpetonu” in the field of human rights and they are
elected for a period of six-year term, renewable one. The court officially started its operation in

Addis Ababa, Ethiopia in November 2006and in August 2000 it moved it seats in Arusha

Tanzania. The court dealt principally with operational and administrative issues including the

development of the structure of the court registry, preparation of its budget and drafting of its in-

term rules of procedure, In 2006, the court adopted the intern rules of the court, pending

consultation with the African commission on human and people’s rights, in order to harmonize

their rules. The harmonization process was couplet in 2010 April and in June 2010, the AFCHPR

adopted its final rules of court.

CONTRIBUTION OF AFCHPR TO THE DEVELOPMENT OF HUMAN RIGHTS.

AFCHRP has played a big role to the develop?? of human and people’s right; the court was

established by African countries to ensure the protection human a people’s right in Africa. The

court is there for the purpose of ensuring that the violation human and people’s right in Africa is

combated through it existed but still it faces some challenges since human and people’s rights

violation Acts are still existing in African states2.

i. Led into promotion of economic, social and cultural development in regard to

production of Article 22 of the charter which stipulate that all peoples, shell have the

right to their economic, social and cultural development.3

ii. Stimulates states individually or collectively morality of development, Article 22(2)

of the Africa charter provides that ‘each state shall have a duty individually or

collectively to ensure exercise of the right of development.

2
Bard A. Anderson & Stephen P.Marks,(2006)development as Human Right,Havard University
Press.
3
Article 22
Conclusion, The AFCHPR member states should support the court (AFCHPR) in order to ensure

maximum protectors of human and people’s right in African since the AFCHPR can receive

cases filled by the African commission of Human and people’s rights state parties to the protocol

or African intergovernmental organizations.

2) Declaration on the right to Development (1986). The concept of development can be

defined as the improvement in way of managing an area natural and human resources in order to

create wealth and improve people welfare. This gradual process adopted or eminent by the united

nation general assembly on 4th Dec 1986which targeted that everyone is entitled to participants in

contributing and enjoying economic, social and political development. In which all human right

and fundamental freedoms can be full realized.

One among of the textual analysis of the declaration. Unity of human rights this is the most

paramount features of the declaration that advocate. The unity of all human right without any

kind of discrimination whereby in article 6 of the declaration provide for the fundamental

freedom indivisible and interdependent.

Participation- this is another feature of declaration. Declaration aims to build up the concept of

participation and the content of this declaration under the principle of participation where all

people have right of participation in process of development, participation mast be active and

free in the outcome of development policies participatory of women in the process of

development. This right of participation increasingly giving attention in international and

national development aimed at right base approach. International co-operation- one among of

the paramount dimension of declaration to the development is to ensure solidarity in which

international co-operation among the state can facilitate participation of developing country in

each aspect especially international economic system.4

IN A NUTSHELL, the Concept of developed in archiving social and economic welfare to the

community. This of can be involved into two aspect social and economic aspect whereby under

economic aspect. Declaration on right of development aim at economic grow the which means

increase of nation income and output in of exportation and importation of goods and service

which may result to the gross domestic product (GDP) also under the social aspect development

aiming at expanding the real freedom that the people can enjoy and through this declaration

define development as a comprehensive economic, social and cultural process which aim at the

constant improvement of wellbeing of entire population and on individual

References

http://en.african-court.org

http://en.african-court.org/index.php-us/jurisdiction HOW DO THESE TWO REFERENCES

DIFFER?

4
The Declaration on the Right to Development and Implementation,Khurdish Iqbal University of
Ulster