İNSAN HAKLARI - Deneme Sınavı - 2

The answer is C.

The answer is A.

As noted by Bozkurt, “OAU’s foundational objectives were; among others, a peace-oriented and blocsfree politics on international fora, development of solidarity and cooperation among the African nations, safeguarding of the independence of the member-states, to eliminate each and every kind of colonizational practices and policies as well as their remnants, to coordinate and to harmonize the policies of the Member-States in those areas of economy, diplomacy, education, health, welfare, science and defence, in accordance with the UN Charter and The Universal Declaration of Human Rights”

The answer is D.

In 2002, the Organization of African Unity was annulled and African Union was established.

The answer is B.

The Charter consists of economic, social, cultural rights as well as those civil and political rights.

The answer is D

The answer is B.

The Commission consists of 11 members.

The Commission consists of 11 members. These members are elected by the African Union Assembly.

Members of the Commission are elected for a six-year term and are eligible for reelection (The Commission Website). Given the delicate nature of their task, the members of the Commission are expected to preserve their independence from their own States.

The functions of the Commission shall be:
“1. To promote Human and Peoples’ Rights and in particular:
(a) To collect documents, undertake studies and researches on African problems in the field of human and peoples’ rights, organize seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples’ rights, and should the case arise, give its views or make recommendations to Governments.
(b) To formulate and lay down, principles and rules aimed at solving legal problems relating to human and peoples’ rights and fundamental freedoms upon which African Governments may base their legislations.
(c) Co-operate with other African and international institutions concerned with the promotion and protection of human and peoples’ rights.
2. Ensure the protection of human and peoples’ rights under conditions laid down by the present Charter.
3. Interpret all the provisions of the present Charter at the request of a State party, an institution of the OAU or an African Organization recognized by the OAU.
4. Perform any other tasks which may be entrusted to it by the Assembly of Heads of State and Government.”

The first judges of the Court was elected in 2006 by the African Union. In the following year the Court assumed its work with its seat in Arusha, Tanzania.

In November 1969, this Convention was adopted in San José, Costa Rica, where, the InterAmerican Specialized Conference on Human Rights was held, in which the representatives of the member States of the OAS adopted it. It took a rather long time for this Convention to enter into force. This was only managed in 1978, when a member State deposited the eleventh document of ratification. The Convention is defined as the most important human rights treaty among the American States. It had an undeniable influence received from The European Convention on Human Rights (de Schutter, 27). By means of the Convention, the Inter-American Court of Human Rights was also established. The correct answer is E.

The first actor created for the better execution of the rules available in the African Charter is the socalled Banjul Commission. The Commission consists of 11 members. These members are elected by the African Union Assembly. The Assembly considers equitable geographical and gender representation in electing the members of the Commission. Members of the Commission are elected for a six-year term and are eligible for reelection (The Commission Website). Given the delicate nature of their task, the members of the Commission are expected to preserve their independence from their own States. They are expected to discharge their obligations in their personal capacity and not as representatives of their respective countries (Robertson & Merrills, p. 260). As the Commission reminds, “(p)reviously, some members of the Commission held high political offices at the national level, which affects the Commission’s independence. The AU in April 2005 issued a note verbale to member states prescribing guidelines for nomination of members to the Commission which excluded senior civil servants and diplomatic representatives”. The correct answer is A.

The civil and political rights are to be found between the third and the sixteenth Articles of the Charter. Article 3 foresees the equality before the law principle. Article 4 explicitly states that “Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right”, whereas Article 5 stresses the human dignity. Article 5 also prohibits all kinds of exploitation, degrading and inhuman punishments and treatments. Article 6 of the Charter bans arbitrary detention and arrest. Right to fair trial and that ever-significant presumption of innocence are among the rights and freedoms touched upon by the 7th Article of the Charter. Freedom of religion and conscience, right to assembly and right to property are among other classical rights enshrined in the mentioned section of the Charter. Article 8 expressis verbis deals with the freedom of religion and conscience.The correct answer is C.

According to the first Article of the African Charter, States parties thereto pledge to recognize the rights, duties and freedoms set forth therein and undertake to take all measures related to legislation or of other nature, with a view to increasing the effectivity of the Charter (Robertson & Merrills, p. 249). The second Article comes up with a serious non-discrimination clause. According to this Article “(e)very individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.” The correct answer is B.

In the year 1959, steps were taken to establish an Inter-American Human Rights Commission (IACHR). This was followed by the conclusion of the legal arrangements providing a mechanism for the operation of this IACHR in 1960 and thus the IACHR was established. The main objective of the Commission was to promote and protect human rights in the American hemisphere. The correct answer is A.

Following the entry into force of the American Convention on Human Rights, the Inter-American Court of Human Rights was established as foreseen by the Convention (Opitz, 2002, 210). The Court consists of seven members (judges) each elected by secret ballot for a duration of six years and may be reelected only once. The correct answer is C.