‘[...] a creative, far-reaching and invigorating account of the potential of extraterritorial human rights protection grounded in contemporary and prescient examples of extraterritorial violations of rights in the African context. The book provides arguably the most comprehensive account of extraterritoriality in the African context to date.’ – Dr Jane Rooney (University of Bristol), African Journal of International and Comparative Law 27.1 (2019)
Extraterritorial Human Rights Obligations from An African Perspective addresses the often neglected question of whether African regional human rights instruments impose extraterritorial obligations on State parties, and if so, the extent and scope of these obligations.
The prevalence of extraterritorial violations of human and peoples’ rights in the African system, due to the actions or omissions of African as well as non-African states, has not gone unnoticed. Strengthening extraterritorial obligations in Africa is an urgent necessity to ensure a rights-based African regional order that seeks to address, among other issues, challenges stemming from globalisation, accountability for human rights violations in Africa where a third state or entity (as well as an intergovernmental organisation) is involved, and to ensure respect and protection of the human rights of future generations. With the increasing quasi-judicial and judicial scrutiny of the extraterritorial reach of human rights and states’ duties, at both international and regional levels, including from the African Commission, the African region is ripe for extraterritorial analysis.
Extraterritoriality is an emerging concept in the context of international human rights law, and has generally not been the focus of many books, and less so in the African context. This book is therefore among the first book of its kind providing the reader with a unique perspective on this important topic.
Introduction (p. 1)
Extraterritoriality in the African Regional Human Rights System from a Comparative Perspective (p. 13)
Commercialisation of Educational Services and Extraterritorial Human Rights Obligations (p. 63)
Extraterritorial Human Rights Obligations in the Context of Development Assistance to African States (p. 87)
The Right to Food Beyond Borders: The Extraterritorial Reach of the Right to Food in Africa (p. 133)
Extraterritorial Application of the Right to Water Under the African System for the Protectiong of Human Rights (p. 159)
Tortured Unity: United States - Africa Relations in Extraordinary Renditions and States' Extraterritorial Obligations (p. 179)
Indigenous Communities Displaced by Climate Change and Extraterritorial Application of States' Obligations in Africa (p. 207)
Land Grabbing, Extraterritorial Obligations and the Failure of Justice in Uganda: The Mubende Case (p. 231)
Extraterritorial Obligations of Uganda for its Miltary's Failure to Respect and Protect Civilians in Areas of the Lord's Resistance Army Activity (p. 255)