ABSTRACT

This chapter discusses a wide span, from the concrete to the more abstract level, and distinctions must therefore be made between the various perspectives. Starting with the national Constitutions of Botswana, Malawi and Mozambique in relation to the African Charter on Human and Peoples’ Rights, the analysis shows that most of the provisions in the respective instruments correspond, ensuring a certain scope of rights and freedoms of the individual. One of the experiences to be gathered from the comparative study of the human rights provisions in the African Charter and the national constitutions, is that the implementation of the Charter in the national law of its member states does face some serious challenges. Another significant effect of the African Charter is that it represents a broadening of the regional perspective in relation to human rights regulation. For instance the discussion on the linking of human rights with development aid becomes richer but also more complicated.