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4 Bahir Dar U. J.L. 229 (2013-2014)
Absence of a Derogation Clause under the African Charter and the Position of the African Commission

handle is hein.journals/bahirdjl4 and id is 241 raw text is: Absence of a Derogation Clause under the African Charter and the Position of the African Commission Melkamu Aboma Tolera' Abstract A Derogation clause is an important limitation on state's power during a state of emergency when human rights are in a precarious situation. This article analyses the omission of derogation clause from the African Charter. It examines international and regional human rights instruments, the jurisprudences of human rights monitoring bodies relating to issues of derogation and academic writings. The findings of this article show the absence of a derogation clause in the African Charter is a serious flaw that should be corrected. Key Words: Derogation Clause, African Charter, African Commission Introduction The African Charter on Human and Peoples' Rights (hereafter ACHPR, African Charter or Charter) unlike the other regional and some international human rights instruments contains no derogation clause. The Charter neither explicitly prohibits nor allows state parties to derogate from their human rights obligations under the Charter should they face exceptional situations justifying such action under international law. * LLB (Bahir Dar University, School of Law, Ethiopia), MA (Addis Ababa University, Institute For Peace and Security Studies, Ethiopia), LLM (University of Groningen, Faculty of Law, the Netherlands); Lecturer, Bahir Dar University, School of Law. I am grateful to Alebachew Birhanu (Editor-in-Chief, Bahir Dar University Journal of Law), Dr. Antenor Hallo de Wolf and the anonymous reviewers for insightful and valuable comments on earlier drafts of this article. All errors remain mine. The author can be reached at: m.a.tolera@alumnus.rug.nl

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