De gode og de onde cirkler : et studie om magt mellem stat og individ på konventionsniveau i Afrika

Sammanfattning: The horizontal principle which usually applies when it comes to international law is not more universal than the human rights they concern. At least not in all of the worlds regions. This thesis´ starting point is Africa and is based on a combination of theory of power and empirical examples from the colonial era. It argues that the power relations between the state and the individual generated under the decolonialisation can be seen in the legislative human rights framework known as the Banjul charter. The thesis claims that institutions of exploitation during the post-colonial era was transmitted from the colonial rulers to the new african leaders who continued the ongoing utilization of the national ressources, power and ideology. These aspects must be taking in to consideration if the answers to the different regional approaches to the human rights is to be answered. It is described how two different countrys with similar conditions during the liberation of Africa turned out with different outcome and different political institutions. The difference between liberation and emancipation is decisive for whether the sovereign state drifts in a democratic or a vicious circle and in the end how the terms and conditions concerning the human rigths can be interpreted. The African Charter on Human and Peoples' Rights are analyzed by focusing on exactly these power relations. The Banjul charter is understood to restrict the rights of the individual while facilitating the governments maintenance of their own power and their legal right in doing so. It is concluded that due to the European decolonial handover, the power relations between the state and the individual has had an immense impact on how the legislative framework for the African human is seen. The Banjul charter assists freedom and rights `for the nation´ and not necessarily `within the nation´.