Autocracies and the implementation of Human Rights treaties - The case of Cameroon and the International Covenant on Civil and Political Rights (ICCPR)

Yabah, Cho Lucas (2019) Autocracies and the implementation of Human Rights treaties - The case of Cameroon and the International Covenant on Civil and Political Rights (ICCPR). PhD thesis, Middlesex University.

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Abstract

Cameroon is a constitutional and political autocracy that has been ruled by two presidents with enormous executive powers for 58 years. The persistence of systematic violation of personal integrity rights despite its evolving constitutionalism which has widely adopted rights friendly legislations has been widely publicised. Its accession to the Covenant and subsequent entrenchment of these Covenant rights was viewed as a significant step in the state-centric approach to human rights protection and their justiciability. Its cooperation with the Human Rights Committee in the state reporting and individual communications procedures has also increased.

Despite these developments the gap between accession and compliance remains wide. Studies across different disciplines have been undertaken to broadly understand the reasons for the widening gap. These studies have shed light on a couple of thematic areas which have been objects of further specialized inquiry on their specific role in explaining the gap between the Covenant accession and state compliance

This thesis explores and examines the problem of political and constitutional autocracy in the context of the implementation of its obligation its obligations under the Covenant with a specific focus on articles 2(3), 7, 9, 10 and 14. The thesis does this by undertaking a detailed study and analysis of the political, constitutional systems and the implementation mechanisms at the domestic as well as international levels. It also reviews and analyse existing laws, policies and practices, communications, state reports, general comments and concluding observations. The autocratic nature of its political structure reflected in its overbearing executive intrusion impacts negatively the interpretation of its obligation under the Covenant and consequently negatively affects its implementation regime.

Although implementation has been a subject of many inquiries and has helped in the evolving jurisprudence of the Human Rights Committee, this thesis contextualizes the inquiry and produces new information that should better explain rights violations. The information generated during these analyses will help identify strengths, weaknesses and challenges of the implementation regime and will contribute towards its improvement.

Item Type: Thesis (PhD)
Research Areas: A. > School of Law
B. > Theses
Item ID: 26323
Depositing User: Brigitte Joerg
Date Deposited: 28 Mar 2019 09:05
Last Modified: 02 Apr 2019 09:26
URI: https://eprints.mdx.ac.uk/id/eprint/26323

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