Absence of a Derogation Clause under the African Charter and the Position of the African Commission

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.