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.