Human rights are rights inherent to all human beings whatever our nationality, place of

residence, sex, national or ethnic origin, language or any other status. We are all equal and
entitled to human rights without discrimination.
Universal human rights are often expressed and warranted by law in forms of treaties, customary
international law, general principles and other sources of international law. International human
rights la lies down obligations of government to action certain ways or to refrain from certain act
in order to promote and protect human rights and fundamental freedoms f individuals or groups.
In Uganda human right are provided under the 1995 constitution chapter four and some other
Acts made by parliament (human rights Acts).

The international bill of human rights consists of universal declaration of human rights
international covenant of economic, social and cultural rights and the international covenant on
civil and political rights and its two optional protocols in accordance with the universal
declaration of human rights. The ideal of human enjoying civil and political freedoms from fear
and what can be achieved only if conditions are printed were by every one may enjoy civil and
political rightsas well as economic social and cultural rights.
The international bill of human rights represents a mile stone in the history of human rights for
veritable Magna Carta marking man kinds arrival at a vital important phase. The conscious
acquisition of human dignity and worth.

The universal declaration of human rights is the mile stone document in the history of human
rights drafted with representatives different legal and cultural backgrounds from all regions of
the world, the declaration was proclaimed by the United Nations general assembly in Paris on
10th December 1948 as common standard of achievements for all people and all nations.

Brief history of international convent of civil and political right.

The international covenant f civil and political right warrantees a broad spectrum of civil and
political rights. Is difficult to imagine that world two global conflicts coursed the death of 60
million human beings could ever possibly create at the same time. New and anticipated
opportunities for the advancement of human rights. Franklin D Roosevelt in his 1941 state of the
union address clammed for fundamental freedoms to exist everywhere in the world, A freedom
Of speech, freedom of warship, freedom from fear the statement that freedom existed
everywhere in the world is who hallmark of the universality of these freedoms. Indeed Roosevelt
stated that this freedom was no vision of a distant millennium but rather a definite a kind of
world attainable in our time and generation towards the end world r two in April 1945, delegate
from allied powers gathered in cent Francisco for the founding conference at the United Nations.
The goal was to create an organization a sure stability of frontiers and provide a means for
resolving disputes among nations.

The United Nations charter declares interalia that the people of United Nations determine to re
affirm faith in fundamental human rights in the dignity and worth of the human person and in
equal rights of men and women of nations large and small.
The United Nations commission on human rights was the first true international body
empowered to promote human rights of all the worlds people. 16 member states were
represented at the first session of the human rights commission meetings form the basis for later
binding covenant.

The universal declaration of human rights is not legally binding on state parties to codify the
rights embodied in universal declaration of human rights, two trusties could be created, the
international covenant on civil and political rights and international covenant of economic social
and cultural rights. These two documents could form the basis f the international bill of human.
In 1950 the general assembly declared the enjoyment of civil and political freedoms and of
economic social and cultural rights which are interconnected and interdependent the human
rights commission completed the draft of international covenant on civil and political rights at its
9th and 10th session in 1953 and 1954.

In December 6th 1966, the United Nations general assembly anonymously adopted the
international civil and political rights. The international covenant on civil and political rights
took 10 years to enter into force on March 1976. By 2015 seventy four signatories were obtained
and 168 parties to the covenant.

First generation human rights are often called blue rights rights dealing with liberty and
participation on political rights. They are fundamental civil and political in nature, they serve
negatively to protect individuals from accesses of the state. First generation rights include among
others the rights to life, equality before the law, freedom of speech, rights to a fair trial, freedom
religion and voting rights. They are pioneered by the United States bill of rights and in France by
the declaration of rights of man and citizens in the 19th century, although some of these rights
and the rights to due process led back to Magna Carta in 1215 and the rights of Englishmen
which were expressed in the English bill f rights in 1689.

They were entrained at the global level and given statutes at international law first by Article 3
to21 of the 1948 universal declaration of human rights and later in the 1966 international convent
on civil political rights in Europe, they were enshrined in the European convention of human
rights of 1953 rights may also be characterized as derogable or non derogable rights. Article 44
of the international covenant on civil and political rights provides for derogation of power and
political rights which allows government to temporally suspend the application of some rights in
the exceptional circumstances at the state of emergency and subject certain exceptions including
official notification. Recourse of derogations regime is rear. Today Australia has not exercised it
derogation under Article of the international convent of civil and political rights.

Certain rights, however are non derogable that is they cant be suspended even in the state of
emergency. Article 4(2)of the international covenant on civil and political rights provide no
derogation is permitted for right to life (article 6 ), freedom from torture or cruel, inhuman and
degrading treatment or punishments and freedom from medical or scientific action without
consent (article 7), freedom from slavery and servitude (article 8(1),(2)), freedom from
imprisonment for mobility to fulfill contractual obligation (article 11), prohibition against
retrospective operations of criminal law article 15), right to recognition before the law(article
16),freedom from thought conscience and religion(article 18). Non derogable rights can be either
absolute or no absolute while non derogable rights cant be suspended.

Civil rights were among the first to be recognized and codified , followed late by political rights
and still later by social rights . in many countries , they are constitutional rights and induced in
bill of rights or similar documents , such as the 1948 Universal declaration of Human rights and
the 1967 international covenant on civil and political rights

Civil and political rights need not to be codified to be protected , although most democracies
world wide do have formal written guarantees of civil and political rights . the question of to
whom civil and political rights is not a subject of controversy , civil and political rights are
generally considered to be universal rights that apply to all persons

Civil and political rights guarantee equal protection under the law . when civil and political rights
are not guaranteed to all as part of equal protection of laws or when such guaranteed exist on
paper but are not respected in practice, opposition , legal action and even social unrest may
ensure

These rights are generally referred to first generation rights, often called blue rights , deal
essentially with liberty and participation nature, as well as strongly individualistic . they are
negatively to protect the individual from excess of the state.

Rights to life

The right to life is a moral principle based on the belief that a human being has the right to live
and in particular, should not be filled by another human being . the concept of a right to life
arises in debate on issues of capital purnishement , war, abortion , euthanasia justifiable
homicide and public health care.

In human history , there has not been a general acceptance of the concept of a right to life that is
innate to individuals rather than granted as a privilege by those holding social and political
power .

The evolution of the right to life in the past millennium has seen a large set of national and
international legal documents e.g. Magna Carta and the Universal declaration of Human rights,
codifying the general ideal into specifically worded principles.

However, one should note that the right to life is not absolute, there are circumstances where this
right is violated,

Capital punishment denies one the right to life, the opponents of capital punishment argue that:
its a violation of the right to life, while it supporters argue that the death penalty is not a
violation of the right to life because the right to life should apply with deference to a sense of
justice. The opponents believe that capital punishment is violates it without necessary and inflicts
to the condemned a psychological torture Human Rights activists oppose the death penalty,
calling it cruel , in human and degrading punishment.
The right to life will only be denied in circumstances where a court of contempt jurisdiction has
given the judgment of death penalty and the appellant has appalled to the highest court.

Out of 54 countries in Africa. 16 abolished the death penalty for all crimes and 22 are abolitionist
are in practice

In 2010, amnesty international recorded executions in four countries in sub-Saharan Africa and
death sentences imposed in 24 including Uganda the last. execution in Uganda was carried out in
March 2003

In the case of Susan Kigula & 416 ors-vs-ag ,AG, The appellant was enforced to death by
hangingwhich is a standard method of execution in Uganda . At that time the death sentence was
mandatory, eaning that upon the conviction of murder, death was the only sentence possible. The
applent , appalled in an attempt to have capital punishment declared un constitutional and
abolished .

The supreme court of Uganda passed the judgement concerning the imposition of the death
penalty, the court refused to out law the death penalty , and it in addition ruled that no sufficient
evidence was brought to show that being hanged caused more pain and suffering to the person
being executed than any other manner of execution

Also the right to life may also be denied by killing by law enforcement. International law
enforcement officers to deliberately take life (shooting to kill) where absolutely necessary to
defend themselves and others against an imminent threat to life.

The international Human rights standards of law enforcement has created a system whereby it is
recognized that International Human Right law is binding upon all state actors and that said state
actors must know and be capable of applying international standards for human rights . the rights
to life is for the most part an inalienable right granted to every human, however there are certain
vitiations in which state actors are required to take drastic action, which can result in civilians
being killed by law enforcement agents

Appropriate occasions for killings by law enforcement are strictly outlined by the international
Human Rights standards for law enforcement. Any lethal action taken by law enforcement agents
must be taken following a certain set of rules that have been set out in the use of in the use of the
force section of the pocket book on Human Rights for the police.
Proportionately appropriate use of force can and will in some circumstances refer to lethal force
if a law enforcement agent genuinely believes that ending the of one civilian would result in the
preservation of his life, or the lives of his fellow civilians , as outlined in the permissible
circumstances for the use of fire arms action of the pocket Book.

The term right to life is used in the abortion debate by those who wish to reduce the use of
abortion by those who wish to reduce the use of abortions and in the context of pregnancy. In
1966 ,the National conference of Catholic Bishops as Fr. James T.Mc Hugh to begin observing
trends in abortion reform within the United States.

The National Rights to life committee was founded in 1967 as the Right to life legue to
coordinate its state campaign under the auspices of the National conference of Catholic Bishops

Anti abortion advocates argue that prenatal humans have the same fundamental rights to life
from the moment of conception that humans have after their birth . Generally speaking those
identifying themselves as right to life believe abortion is morally unacceptable

The entitlement of a person to make the decision to end their own life through euthanasia is
commonly called a right to choose while people who oppose the legalization of euthanasia are
commonly referred to as the right- to- lifers.

Right to equality

The right to equality is a principle right that serves to protect human dignity.

From a constitutional prospective, equality, means first and foremost the equality of rights under
a just rule of law, with the basic right of every individual being the right to non interferences

Or equality may be defined as a state of being equal especially in status, rights or opportunities

The right to equality is without doubt one of the most fundamental of human rights . it is the
human rights that guarantee the enjoyment of equality before the law and equal protection of the
laws.

The right to equality further guarantee the enjoyment of equal especially in status, other rights
and opportunities. Many human rights documents and national constitutions have provisions for
the protection of the right to equality
Article 9 of the Universal declaration of Human rights 1948 states that All are equal before the
law and are entitled without any discrimination to equal protection against any discrimination in
violation of the dedoration and against any incitement to such discrimination

Right to equality given under Article 21 (1) of the 1995 Ugandan constitution provides that All
persons are equal before and under the law in all spheres of political, economic , social and
cultural life and in every other respect and shall enjoy equal protection of the law.

This means that the state not deny to any person equality before the law or equal protection of
the laws within its jurisdiction. Protection prohibition of discrimination on grounds of religion,
race sex, social status, wealth among others

According to Dr. Jennings said that; Equality before the law means that equality among equals
the law should be equal for all and should be equally administered, that like should be treated
alike,. The right to sue and be sued, to prosecute and prosecuted for the same kind of action
should be the same for all citizens of full age and understanding without distinction of race ,
religion , wealth, social status or political influence.

This guarantees the enjoyment of equal opportunities before the law.

In Stephen Collage V University of Delhiunder, the court held that the expression Equal
protection of the law is now being read as a positive obligation of laws by bringing in necessary
social and economic changes so that every one may enjoy equal protection of the laws and
nobody is denied such protection .

Right from torture

The Black law dictionary 4th Edition defines torture as the infliction of severe mental or
physical pain on a person in order to intimidate or punish the victim or to elicit information

Article 7 of the covenant on civil and political rights prohibits torture, cruel, inhuman or
degrading punishments. This article is interpreted to impose similar obligations like those
required by United Nations convention against Torture.

Article 7 of the ICC Rome statute provides for crime against humanity. I states that for the
purpose of this statute crimes against humanity mean acts when committed as part of a
widespread or systematic attack directed against any civilian population with the knowledge of
the attack

Basically this largely talks about acts or activities done by me or government that violet the
human rights principles of which some of them include the obligations that come with human
rights which include protecting and promoting rights of man. Therefore all there statues largely
prohibit acts of man or government that violate or deny man such rights.

Furthermore, under article 24 of the 1995 constitution of republic of Uganda provides for the
respect of human dignity and protection from inhuman treatment . it states that no person shall
be subjected to any form of torture or cruel, inhuman or degrading treatment or punishment

This article clearly shows that Uganda as a state. It has provided and observed the right from
torture of its citizens. This comes with punishments n forms of fives and awarding damages for
aggrevated party. All there are done promote a right from torture thus promoting human rights
,more to that article 44 (a) of the 1995 constitution of the republic of Uganda sttes that there shall
be no derogation from the enjoyment of the right and freedoms from from torture and cruel,
inhuman oor degrading treatment or punishment as explained above. This was seen under the
ease of Emmanuel Mpondi VNganwa High school (UHRCC) No.210 of 1998 where the
complainant student was purnished for entering the staff room without permission and contended
that rude punishment was a violation of article 24 and 44ca) of the 1995 constitution of Uganda.
the providing commissioners cocluded that the act of purnishment had been arbitrary , excussive
and ordinary not a normal form of purnishment had been arbitrary , execussive and ordinary not
normal form of punishment hence the complainant was awarded shs.2m in correspondence with
the magnitude of purnishment . The same ruling was applied inn the case of simon Kyamangwa
V Uganda (2000)No. 10 of 2000 where the imposition of stokes of caines were declared as
corporal punishements

Inconclusion therefore the right fro torture is a widely recognized riht of man that every
individual should enjoy in the lives of the principle of human right and each state and individual
has o power to deny one such a right. Violation of such a right realts to the arise of awarding
damages to the injured party thus promoting and creating awareness of that right as explained in
the above case and essay as a whole
Freedom of expression

This is the right to express ones ideas and opinions freely through speech , writing and other
forms of communication but without deliberately causing harm to other character and reputation
by false or misleading statements

Freedom of the press is also part of freedom of expression

Freedom of expression takes three aspects which include

1) The right to see

2) The right to receive and
3) The right to impart information

These three go hand in hand in promoting freedom of information and the cycle is not complete
if one of the aspects is not respected or enforced

Freedom of expression is at a cor of every domestic process in society every person should have
freedom to express him/her self freely , for this enables individuals in the society to participate in
matters that concern them. Such participation in decision making promote democracy

In Uganda , courts have recognized that freedom of expression is a hallmark of democracy that
enable citizens to criticize and assess the performance of their government case Charles Onyango
Obbo, Andrew Mwendwa v Ag constitutional Appeal .of 2002(2009) UGCA 1

Journalist Andrew mwenda made several comments critical of the president and the government
of Uganda onhis live radio show

Freedom of expression is protected at a national and international level. At international level

Uganda has adopted International instruments that require it to promote freedom of expression.
These include the Universal Declaration of Human Rights (UDHR) and the International
Couchant on Civil and Political Rights (ICCPR)
With the UDHR its under Article 19 which states that, Everyone has the right to freedom of
opinion and expression, this right include freedom to hold opinions without interference and to
seek, receive and impart information and ideas through any media and regardless of frontiers

And Article 19 ICCPR states

1. Everyone shall have the right to hold opinions without interference

2. Everyone shall have the right to freedom of expression, this right shall include freedom to
receive and impart information and ideas of all kids, regardless of freedom of frontiers
either orally, in writing or in print, in the form of art, or through any other media of
choice.
This article further explains the limitations of this right where sub-article 135 gives the
limitation of how one can enjoy this right
a) Respect of the right of reputation of others
b) Protection of national security or of public order or of public health or moral

At regional level, freedom of expression is protected under the African Charter for Human and
Peoples Rights (ACHPR) also known as the African Charter.

Under Article 9 provides that

1) Every individual shall have the right to receive information

2) Every individual shall have the right to express and disseminate his opinions within the
law.

From this charter, it can be noted that it subjects the enjoyment of this right to the law that is, the
freedom of expression according to the African Charter should be exercised within the limits of
the law. This has been critized for allowing states to sustainably limit the enjoyment of this right
using laws which is common in African countries.

At national level, the right to freedom of expression is guaranteed under Article 29 of the
constitution of Uganda 1995. It provides that every person has the right to;

1) Freedom of speech and expression which shall include freedom of the press and other
media.
 2) Freedom of thought, conscience and belief which shall include academic freedom in
institutions of learning.

Much as the constitution of Uganda and other Human Rights Institutions provide for the freedom
of expression, there are regulations and limitations to the enjoyment of this right.

Several law have been made to guide the enjoyment of this freedom however some of the laws
may have limits that go beyond what may be democratically acceptable or may go beyond the
requirements of the constitution for the proper enjoyment of these right.

Uganda has passed several laws that have an effect of limiting or affecting the enjoyment of
freedom of expression. A number of laws that relate to management of formal media channels
such as radio and newspapers have been put in place. Some other law address the general public
order, ..on moral of society.

These laws provide for the administrative procedures for management of freedom of expression,
while others provide for criminal and civil punishments for violation of this right.

Some of the laws include

1. The Press and Journalist Act

2. The Computer Misuse Act
3. The Uganda Communications Act 2013
4. The Pornography Act
5. The Penal Code Act

The freedom of expression and assembly are very much a part of everyones life. They are also
critical in enabling positive and constructive discourse on matters in the country. It is important
that every person in Uganda understand these rights and exercise them to the best of their ability.
If in the exercise of these freedoms that the challenges highlighted above will come to the fore.

Rights to liberty
In the first place, the literal definition or meaning of liberty is the condition of being free from
control or restrictions

This means that one is entitled to be free from imprisonment , slavery or forced labour as well as
being free to act belive or express oneself as one choses or desires

In this particular context , the right to personal liberty is one of the most fundamental human
rights as it affects the vital elements of an individuals physical freedom

Remember the fact that Human rights is the basic rights and freedoms that all humans should be
guaranteed , this hence means that liberty is part of them .t

Therefore ,the right to liberty acts as a substantive guarantee in the scope of Human rights . the
rights to liberty is the right of all persons to freedom of movement and freedom from arbitrary
detention by others.

Historically the protection of individual liberty was one of the crowing achievements of the
common law Article 23 of the constitution of Uganda basically emphasizes the protection of
personal liberty clause 1 ratifies that no person shall be deprived of personal liberty

The right to liberty can be covered or examined through:

a) The right to liberty and security

b) The right to freedom from slavery , servitude and forced or compulsory labour
c) The right to freedom of movement

The right to liberty can be traced back to the English magna Charta (1215) and the United States
Declaration of the rights to man and citizen of 1789.

Even through the magna charta only guaranteed rights to a limited group of people , namely
fendalnoblemen, it nevertheless required that amest on detention be lawful, and protected the
individual from absolute powers of their ruler

The main dimensios of the right to the liberty of a person was further established in the 17th
Centary Bill of rights (1689) and Habeas corpus Acts of 1640 and 1679 .
This right also played a major role in the Mexican revolution of 1915 where land and liberty was
the notable slogan of the revolution

Internationally the right to liberty and security found its first legal formulation in Article 9 of the
universal declaration , which prohibits arbitrary arrest, detention ,or exile by means of a short
and vague provision but it has since been further modified by various international Human rights
instruments at international and regional level.

The right to liberty and security of a person entails two distinct rights , the right to liberty of the
person and the right to personal security . in order to clarify how these two understood, it is
further assessed below

Note the fact that the right to liberty of the person does not grant complete immunity from arrest
or detention but instead , this right guarantees that the arrest or detention be arbitrary or unlawful

Act 23(7) emphasized this further and even provides the compensation from any person or
authority if they unlawfully detain, arrest or restrict ones personal liberty so it means that every
person detained must be informed of the reasons as to their arrest, one entitiled to take habeas
corpus proceedings (Act 23(9) ) that decides if the detention is unlawful and also the detainee
must be brought before a judge within a few days (usually 48 hours)

Forexample in the English case of Moore V Dempsey of 1923, it was held that mob dominated
trials were a violation of the habeas corpus petitions that raised discrimination in the state trial
therefore the earlier convicted defendants were further released on grounds of unlawful detention

Under the ICCPR convention, this right is understood as that extends to situations other than the
formal deprivation of liberty . forinstence a state may not ignore a known threat to the life of a
person under its juridication , hence it has an obligation to take appropriate measures to protect
that person

This was recently evidenced in Uganda when President Oman Bashiri (Sudan) who was wanted
by the ICC visited the country and the and the ICC asked the Uganda governemetn to arrest him
on their behalf , but the Uganda government objected to this on grounds that it was unlawful,
and that Bashir deserved protection during his stay in the country .
This explains that pre-trial dentention following legal arrest must not only be lawful but also
reasonable in all respects and in the case of serious thrests to the life of persons under the
jurisdiction , states that under the obligation to take reasonable measures to offer all round
protection foreaxmple in the case of Bwaiya VBaire ,it was explained that the appellant fully
deserved the right to live peacefully in the country

Act 9 of the UDHR also protects the rights of a person outside formal deprivation of liberty

Forinstence in the case of Rajapakse V Srilanka , the committee found that the state had violated
the applicants security of person as it had failed to take adequate action to ensure that the author
was and continued to be protected from threats issued by police officers after he filed a domestic
petition concerning a violation of his fundamental rights.

Another important mechanism under the U.N that deals specifically with arbitrary detention .this
group under the Human Rigths Council is bound to

a) Investigate cases of detention imposed arbitrarily

b) To seek and receive information from governmental and international and non
governmental organizations
c) To present a report to the commission at its annual session, e.g. in the 2008 report where
it identifies several issues of concern like cases of growing non citizen detention among
others

In the case of Gorcia V Peru , the commission ruled that threatening persons with arbitrary and
unjust detention can infringe the right to personal security and there violated Act 7 of the UDHR.

The above case is also one of the significant cases steered by the U.N working Group on
Arbitrary detention. More still in Epple V Germany, a detention of 19 hours was held to be
excessive taking into account the minor nature of the offence

However, the proportionality principle does not give states a carte blanche to extend detention
without judicial review simply due to the severity or complexity of the case in Brogen V the U.K
, the court stated that to attach such importance to the special features of this case as to justify so
lengthy a period of detention without appearance before court would be unacceptably wide
interpretation of the plain meaning of the word promptly
The African commission has attempted in a number of cases to clarify on the content of the Act 6
of ACHPR e.g. on the issue of the length of detention ,the commission has found in a number of
communications that , for example imprisonment of over twelve years without trial violation of
Act 6 Arbitrary arrests in detention.

All in all, it is notable atleast that all various Articles and conventions in alignment with the right
to personal liberty have been fully adopted world wide

Conclusively therefore , from the examination above , it is clear that right to personal liberty is
critical and fundamental

Slavery and Servitude:

Slavery is in the strictest sense of the term and refers to any system in which principles
of property law are applied to people, allowing individuals to own, buy and sell other
individuals, as a de jure form of property1. A slave is unable to withdraw unilaterally from such
an arrangement and works without remuneration. Many scholars now use the term slavery to
refer to this specific sense of legalized, de jure slavery. Ina broader sense, however, the word
slavery may also refer to any situation in which an individual is de facto forced to work against
their own will. Scholars also use the more generic terms such as unfreelabor or forced labor to
refer to such situations2. However, and especially under slavery in broader senses of the word,
slaves may have some rights and protections according to laws or customs.

The 1999 constitution of the republic of Uganda chapter 4 Art 25 provides for the protection
from slavery, servitude, and forced labour. (1) no person shall be held in servitude or slavery, (
2)no person shall be required to perform forced labour (3) for the purpose of this Art, forced
labour does not include (a) any labour required in consequence of the sentence or order of a
court (e)any labour reasonably required as part of reasonable and normal communal or other
civic obligation. NOTEslaver and servitude is also considered as a non-derogation right and it is
constructed under art 44 (b)3.

1
Laura Brace (2004)
2
"Slavery in the 21st century". Newint.org. Archived from the original on 2010-05-27.
RetrievedAugust 29, 2010
3 Freedom from slavery and servitude
A slave is a human being classed as property and who is forced to work for nothing. Slavery
began to exist before written history, in many cultures. A person could become a slave from the
time of their birth, capture, or purchase. While slavery was institutionally recognized by most
societies, it has now been outlawed in all recognized countries4,the last being Mauritania in
2007. Nevertheless, there are still more slaves today than at any previous point in history,with an
estimated 45 million people being in slavery worldwide. The most common form of the slave
trade is now commonly referred to as human trafficking. Chattel slavery is also still practiced by
the Islamic State of Iraq and the Levant. In other areas, slavery (or unfreelabor) continues
through practices such as debt bondage, serfdom, domestic kept in captivity, certain adoptions in
which children are forced to work as slaves, child soldiers, and forced.

NOTE: Slavery its like a brutal form of servitude which existed in the United States until the
ratification of the Thirteenth Amendment in 1865. Before this, thousands upon thousands of
African Americans were forced into servitude, where they were forced to perform labor for their
masters. A key to remembering the meaning of servitude is the fact that it resembles servant. If
your friend rear-ends you but doesn't have insurance, let him pay for the damage in servitude.
Make him your personal assistant for a month.

Servitude: this refers to a state of subjection to an owner or master or forced labor imposed as
punishment. It can also be referred to as the condition of being a slave or of being completely
under the control of someone else and of having no freedom. This can be more explained in the
case of Siliadin v. France 26 July 2005. The applicant, a Togolese national having arrived in
France in 1994 with the intention to study, was made to work instead as a domestic servant in a
private household in Paris. Her passport was confiscated she worked without no payment, 15
hours a day, without a day off, for several years. The applicant complained about having been a
domestic slave. The European Court of Human Rights found that the applicant had not been
enslaved because her employers, although exercising control over her, had not had a genuine
right of legal ownership over her reducing her to the status of an object. It held, however, that
the criminal law in force at the time had not protected her sufficiently, and that although the law
had been changed subsequently, it had not been applicable to her situation. The Court concluded

4Kevin Bales (2004). New Slavery: A Reference Handbook. ABC-CLIO.

that the applicant had been held in servitude, in violation of Article 4 (prohibition of slavery,
servitude, forced or compulsory labour) of the European Convention on Human Rights

Article 4 (prohibition of slavery and forced labour) of the European Convention on Human
Rights provides that:

1. No one shall be held in slavery or servitude.

2. No one shall be required to perform forced or compulsory labour.

3. For the purpose of this Article the term forced or compulsory labour shall not include:

(a) Any work required to be done in the ordinary course of detention imposed according to the
provisions of Article 5 [right to liberty and security] of this Convention or during conditional
release from such detention.

(b) Any service of a military character or, in case of conscientious objectors in countries where
they are recognized, service exacted instead of compulsory military service.

(c) Any service exacted in case of an emergency or calamity threatening the life or well-being of
the community.

(d) Any work or service which forms part of normal civic obligations.

Due to all those provisions under Article 4 of the European convention on human rights we
shall also need to talk about human trafficking or trafficking persons and this is
providedunder AC U.N 2000 art 3 which provide trafficking in persons shall mean the
recruitment, transportation, transfer, resit of persons by means of threat or use of force or other
forms of causation, adaption, desept control over another person for the purpose of exploitation.

Exploitation shall include at a minimum forced labour or service, slavery or practices servitude
or the removal or organize, sexual exploitation without consent of a victim then human
trafficking is the practice of people being tricked, lowered, coerced or otherwise removed from
their home country and then compelled to work with or low payment or on terms which are
highly exploitative. Or Human trafficking can also be defined as the trade of humans most
commonly for the purpose of forced labour, sexual slavery, orcommercial sexual exploitation for
the trafficker or others. Sea in the case of Rantsev v. Cyprus and Russia 7 January 2010. The
applicant was the father of a young woman who died in Cyprus where she had gone to work in
March 2001. He complained that the Cypriot police had not done everything possible to protect
his daughter from trafficking while she had been alive and to punish those responsible for her
death. He also complained about the failure of the Russian authorities to investigate his
daughters trafficking and subsequent death and to take steps to protect her from the risk of
trafficking. The Court noted that, like slavery, trafficking in human beings, by its very nature and
aim of exploitation, was based on the exercise of powers attaching to the right of ownership; it
treated human beings as commodities to be bought and sold and put to forced labour; it implied
close surveillance of the activities of victims, whose movements were often circumscribed; and it
involved the use of violence and threats against victims. Accordingly the Court held that
trafficking itself was prohibited by Article 4 (prohibition of slavery and forced labour) of the
Convention. It concluded that there had been a violation by Cyprus of its positive obligations
arising under Article 4 of the Convention on two counts: first, its failure to put in place an
appropriate legal and administrative framework to combat trafficking as a result of the existing
regime of artiste visas, and, second, the failure of the police to take operational measures to
protect the applicants daughter from trafficking, despite circumstances which had given rise to a
credible suspicion that she might have been a victim of trafficking. The Court held that there had
also been a violation of Article 4 of the Convention by Russia on account of its failure to
investigate how and where the applicants daughter had been recruited and, in particular, to take
steps to identify those involved in her recruitment or the methods of recruitment used. The Court
further held that there had been a violation by Cyprus of Article 2 (right to life) of the
Convention, as a result of the failure of the Cypriot authorities to investigate effectively the
applicants daughters death.

Human trafficking can occur within a country or trans-nationally. Human trafficking is a crime
against the person because of the violation of the victim's rights of movement through coercion
and because of their commercial exploitation. Human trafficking is also the trade in people
especially women and children and does not necessarily involve the movement of the person
from one place to another.
According to theInternational Centre for Migration Policy Development (ICMPD), people
smuggling is a violation of national immigration laws of the destination country, and does not
require violations of the rights of the smuggled person. Human trafficking on the other hand is a
crime against a person because of the violation of the victim's rights through coercion and
exploitation unlike most cases of people smuggling, victims of human trafficking are not
permitted to leave upon arrival at their destination. While smuggling requires travel, trafficking
does not. Trafficked people are held against their will through acts of coercion and forced to
work for or provide services to the trafficker or others. The work or services may include
anything from bonded or forced labor to commercial sexual exploitation.The arrangement
may be structured as a work contract but with no or low payment, or on terms which are highly
exploitative. Sometimes the arrangement is structured as debt bondagewith the victim not being
permitted or able to pay off the debt.

Bonded labor or debt bondage is probably the least known form of labor trafficking today and
yet it is the most widely used method of enslaving people. Victims become "bonded" when
their labor, the labor they themselves hired and the tangible goods they bought are demanded as
a means of repayment for a loan or service in which its terms and conditions have not been
defined or in which the value of the victims' services is not applied toward the liquidation of the
debt. Generally the value of their work is greater than the original sum of money "borrowed.

Forced labor is a situation in which victims are forced to work against their own will under the
threat of violence or some other form of punishment, their freedom is restricted and a degree of
ownership is exerted. Men are at risk of being trafficked for unskilled work which globally
generates 31 billion USD according to theInternational Labour Organization. Forms of forced
labor can include domestic servitude, agricultural labor, sweatshop factory labor, janitorial, food
service and other service industry labor and more others.

Slavery and servitude can also be more understood from the following case of C.N. and V. v.
France (application no. 67724/09) 11 October 20125

This case concerned allegations of servitude or forced or compulsory labour (unremunerated

domestic chores in their aunt and uncles home) by two orphaned Burundi sisters aged 16 and ten

5
C.N. and V. v. France (application no. 67724/09) 11 October 2012
years. The Court held that there had been a violation of Article 4 (prohibition of slavery and
forced labour) of the Convention in respect of the first applicant, as the State had not put in place
a legislative and administrative framework making it possible to fight effectively against
servitude and forced labour. It further found that there had been no violation of Article 4 in
respect of the first applicant, with regard to the States obligation to conduct an effective
investigation into instances of servitude and forced labour. It lastly found that there had been no
violation of Article 4 in respect of the second applicant. The Court found, in particular, that the
first applicant had been subjected to forced or compulsory labour, as she had had to perform,
under threat of being returned to Burundi, activities that would have been described as work if
performed by a remunerated professional forced labour was to be distinguished from
activities related to mutual family assistance or cohabitation, particular regard being had to the
nature and volume of the activity in question. The Court also considered that the first applicant
had been held in servitude, since she had felt that her situation was unchanging and unlikely to
alter. Finally, the Court found that France had failed to meet its obligations under Article 4 of the
Convention to combat forced labour.

Recalling its mandate under Article 45(c) of the African Charter on Human and Peoples
Rights (the Charter) 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 states may base their legislation;
Recalling Articles 5, 6, 7 and 26 of the Charter, which contain provisions relevant to the
right to a fair trial;
Recognising that it is necessary to formulate and lay down principles and rules to further
strengthen and supplement the provisions relating to fair trial in the Charter and to reflect
international standards;
Recalling the resolution on the Right to Recourse and Fair Trial adopted at its 11th
ordinary session in March 1992, the resolution on the Respect and the Strengthening of the
Independence of the Judiciary adopted at its 19th ordinary session in March 1996 and the
resolution Urging States to Envisage a Moratorium on the Death Penalty adopted at its 26th
ordinary session in November 1999;
Recalling also the resolution on the Right to a Fair Trial and Legal Assistance, adopted at
its 26th session held in November 1999, in which it decided to prepare general principles
and guidelines on the right to a fair trial and legal assistance under the African Charter;
Solemnly proclaims these Principles and Guidelines on the Right to a Fair Trial and Legal
Assistance in Africa and urges that every effort is made so that they become generally
known to everyone in Africa; are promoted and protected by civil society organisations,
judges, lawyers, prosecutors, academics and their professional associations; are
incorporated into their domestic legislation by State parties to the Charter and respected
by them:
A. GENERAL PRINCIPLES APPLICABLE TO ALL LEGAL PROCEEDINGS:
1. Fair and Public Hearing
In the determination of any criminal charge against a person, or of a persons rights and
obligations, everyone shall be entitled to a fair and public hearing by a legally constituted
competent, independent and impartial judicial body.
2. Fair Hearing
The essential elements of a fair hearing include:
(a) equality of arms between the parties to a proceedings, whether they be administrative,
civil, criminal, or military;
(b) equality of all persons before any judicial body without any distinction whatsoever as
regards race, colour, ethnic origin, sex, gender, age, religion, creed, language, political or
other convictions, national or social origin, means, disability, birth, status or other
circumstances;
(c) equality of access by women and men to judicial bodies and equality before the law in
any legal proceedings;
(d) respect for the inherent dignity of the human persons, especially of women who
participate in legal proceedings as complainants, witnesses, victims or accused;
(e) adequate opportunity to prepare a case, present arguments and evidence and to
challenge or respond to opposing arguments or evidence;
(f) an entitlement to consult and be represented by a legal representative or other qualified
persons chosen by the party at all stages of the proceedings;
(g) an entitlement to the assistance of an interpreter if he or she cannot understand or
speak the language used in or by the judicial body;
(h) an entitlement to have a partys rights and obligations affected only by a decision based
solely on evidence presented to the judicial body;
(i) an entitlement to a determination of their rights and obligations without undue delay
and with adequate notice of and reasons for the decisions; and
(j) an entitlement to an appeal to a higher judicial body.
1. Public hearing:
(a) All the necessary information about the sittings of judicial bodies shall be made
available to the public by the judicial body;
(b) A permanent venue for proceedings by judicial bodies shall be established by the State
and widely publicised. In the case of ad-hoc judicial bodies, the venue designated for the
duration of their proceedings should be made public.
(c) Adequate facilities shall be provided for attendance by interested members of the
public;
(d) No limitations shall be placed by the judicial body on the category of people allowed to
attend its hearings where the merits of a case are being examined;
(e) Representatives of the media shall be entitled to be present at and report on judicial
proceedings except that a judge may restrict or limit the use of cameras during the
hearings;
(f) The public and the media may not be excluded from hearings before judicial bodies
except if it is determined to be
1. in the interest of justice for the protection of children, witnesses or the identity of victims
of sexual violence
2. for reasons of public order or national security in an open and democratic society that
respects human rights and the rule of law.
(a) Judicial bodies may take steps or order measures to be taken to protect the identity and
dignity of victims of sexual violence, and the identity of witnesses and complainants who
may be put at risk by reason of their participation in judicial proceedings.
(b) Judicial bodies may take steps to protect the identity of accused persons, witnesses or
complainants where it is in the best interest of a child.
(c) Nothing in these Guidelines shall permit the use of anonymous witnesses, where the
judge and the defence is unaware of the witness identity at trial.
Any judgement rendered in legal proceedings, whether civil or criminal, shall be
pronounced in public.
1. Independent tribunal
(a) The independence of judicial bodies and judicial officers shall be guaranteed by the
constitution and laws of the country and respected by the government, its agencies and
authorities;
(b) Judicial bodies shall be established by law to have adjudicative functions to determine
matters within their competence on the basis of the rule of law and in accordance with
proceedings conducted in the prescribed manner;
(c) The judiciary shall have jurisdiction over all issues of a judicial nature and shall have
exclusive authority to decide whether an issue submitted for decision is within the
competence of a judicial body as defined by law;
(d) A judicial bodys jurisdiction may be determined, inter alia, by considering where the
events involved in the dispute or offence took place, where the property in dispute is
located, the place of residence or domicile of the parties and the consent of the parties;
(e) Military or other special tribunals that do not use the duly established procedure of the
legal process shall not be created to displace the jurisdiction belonging to the ordinary
judicial bodies;
(f) There shall not be any inappropriate or unwarranted interference with the judicial
process nor shall decisions by judicial bodies be subject to revision except through judicial
review, or the mitigation or commutation of sentence by competent authorities, in
accordance with the law;
(g) All judicial bodies shall be independent from the executive branch.
(h) The process for appointments to judicial bodies shall be transparent and accountable
and the establishment of an independent body for this purpose is encouraged. Any method
of judicial selection shall safeguard the independence and impartiality of the judiciary.
(i) The sole criteria for appointment to judicial office shall be the suitability of a candidate
for such office by reason of integrity, appropriate training or learning and ability.
(j) Any person who meets the criteria shall be entitled to be considered for judicial office
without discrimination on any grounds such as race, colour, ethnic origin, language, sex,
gender, political or other opinion, religion, creed, disability, national or social origin, birth,
economic or other status. However, it shall not be discriminatory for states to:
1. prescribe a minimum age or experience for candidates for judicial office;
2. prescribe a maximum or retirement age or duration of service for judicial officers;
3. prescribe that such maximum or retirement age or duration of service may vary with
different level of judges, magistrates or other officers in the judiciary;
4. require that only nationals of the state concerned shall be eligible for appointment to
judicial office.
(a) No person shall be appointed to judicial office unless they have the appropriate training
or learning that enables them to adequately fulfil their functions.
(b) Judges or members of judicial bodies shall have security of tenure until a mandatory
retirement age or the expiry of their term of office.
(c) The tenure, adequate remuneration, pension, housing, transport, conditions of physical
and social security, age of retirement, disciplinary and recourse mechanisms and other
conditions of service of judicial officers shall be prescribed and guaranteed by law.
(d) Judicial officers shall not be:
1. liable in civil or criminal proceedings for improper acts or omissions in the exercise of
their judicial functions;
2. removed from office or subject to other disciplinary or administrative procedures by
reason only that their decision has been overturned on appeal or review by a higher
judicial body;
3. appointed under a contract for a fixed term.
(a) Promotion of judicial officials shall be based on objective factors, in particular ability,
integrity and experience.
(b) Judicial officials may only be removed or suspended from office for gross misconduct
incompatible with judicial office, or for physical or mental incapacity that prevents them
from undertaking their judicial duties.
(c) Judicial officials facing disciplinary, suspension or removal proceedings shall be entitled
to guarantees of a fair hearing including the right to be represented by a legal
representative of their choice and to an independent review of decisions of disciplinary,
suspension or removal proceedings.
(d) The procedures for complaints against and discipline of judicial officials shall be
prescribed by law. Complaints against judicial officers shall be processed promptly,
expeditiously and fairly.
(e) Judicial officers are entitled to freedom of expression, belief, association and assembly.
In exercising these rights, they shall always conduct themselves in accordance with the law
and the recognized standards and ethics of their profession.
(f) Judicial officers shall be free to form and join professional associations or other
organizations to represent their interests, to promote their professional training and to
protect their status.
(g) States may establish independent or administrative mechanisms for monitoring the
performance of judicial officers and public reaction to the justice delivery processes of
judicial bodies. Such mechanisms, which shall be constituted in equal part of members the
judiciary and representatives of the Ministry responsible for judicial affairs, may include
processes for judicial bodies receiving and processing complaints against its officers.
(h) States shall endow judicial bodies with adequate resources for the performance of its
their functions. The judiciary shall be consulted regarding the preparation of budget and its
implementation.
5. Impartial Tribunal
(a) A judicial body shall base its decision only on objective evidence, arguments and facts
presented before it. Judicial officers shall decide matters before them without any
restrictions, improper influence, inducements, pressure, threats or interference, direct or
indirect, from any quarter or for any reason.
(b) Any party to proceedings before a judicial body shall be entitled to challenge its
impartiality on the basis of ascertainable facts that the fairness of the judge or judicial body
appears to be in doubt.
(c) The impartiality of a judicial body could be determined on the basis of three relevant
facts:
1. that the position of the judicial officer allows him or her to play a crucial role in the
proceedings;
2. the judicial officer may have expressed an opinion which would influence the decision-
making ;
3. the judicial official would have to rule on an action taken in a prior capacity.
(a) The impartiality of a judicial body would be undermined when:
1. a former public prosecutor or legal representative sits as a judicial officer in a case in
which he or she prosecuted or represented a party;
2. a judicial official secretly participated in the investigation of a case;
3. a judicial official has some connection with the case or a party to the case;
4. a judicial official sits as member of an appeal tribunal in a case which he or she decided
or participated in a lower judicial body.
In any of these circumstances, a judicial official would be under an obligation to step down.
(a) A judicial official may not consult a higher official authority before rendering a decision
in order to ensure that his or her decision will be upheld.

C. RIGHT TO AN EFFECTIVE REMEDY:

(a) Everyone has the right to an effective remedy by competent national tribunals for acts
violating the rights granted by the constitution, by law or by the Charter, notwithstanding
that the acts were committed by persons in an official capacity.
(b) The right to an effective remedy includes:
1. access to justice;
2. reparation for the harm suffered;
3. access to the factual information concerning the violations.
(a) Every State has an obligation to ensure that:
1. any person whose rights have been violated, including by persons acting in an official
capacity, has an effective remedy by a competent judicial body;
2. any person claiming a right to remedy shall have such a right determined by competent
judicial, administrative or legislative authorities;
3. any remedy granted shall be enforced by competent authorities;
4. any state body against which a judicial order or other remedy has been granted shall
comply fully with such an order or remedy.
(a) The granting of amnesty to absolve perpetrators of human rights violations from
accountability violates the right of victims to an effective remedy.
C. COURT RECORDS AND PUBLIC ACCESS:
(a) All information regarding judicial proceedings shall be accessible to the public, except
information or documents that have been specifically determined by judicial officials not to
be made public.
(b) States must ensure that proper systems exist for recording all proceedings before
judicial bodies, storing such information and making it accessible to the public.
(c) All decisions of judicial bodies must be published and available to everyone throughout
the country.
(d) The cost to the public of obtaining records of judicial proceedings or decisions should
be kept to a minimum and should not be so high as to amount to a denial of access.
E. LOCUS STANDI:
States must ensure, through adoption of national legislation, that in regard to human rights
violations, which are matters of public concern, any individual, group of individuals or non-
governmental organization is entitled to bring an issue before judicial bodies for
determination.
F. ROLE OF PROSECUTORS:
(a) States shall ensure that:
1. Prosecutors have appropriate education and training and should be made aware of the
ideals and ethical duties of their office, of the constitutional and statutory protections for
the rights of the suspect and the victim, and of human rights and fundamental freedoms
recognized by national and international law, including the Charter.
2. Prosecutors are able to perform their professional functions without intimidation,
hindrance, harassment, improper interference or unjustified exposure to civil, penal or
other liability.
(a) Reasonable conditions of service of prosecutors, adequate remuneration and, where
applicable, tenure, housing, transport, conditions of physical and social security, pension
and age of retirement and other conditions of service shall be set out by law or published
rules or regulations.
(b) Promotion of prosecutors, wherever such a system exists, shall be based on objective
factors, in particular professional qualifications, ability, integrity and experience, and
decided upon in accordance with fair and impartial procedures.
(c) Prosecutors like other citizens are entitled to freedom of expression, belief, association
and assembly. In exercising these rights, prosecutors shall always conduct themselves in
accordance with the law and the recognized standards and ethics of their profession.
(d) Prosecutors shall be free to form and join professional associations or other
organizations to represent their interests, to promote their professional training and to
protect their status.
(e) The office of prosecutors shall be strictly separated from judicial functions.
(f) Prosecutors shall perform an active role in criminal proceedings, including institution of
prosecution and, where authorized by law or consistent with local practice, in the
investigation of crime, supervision over the legality of these investigations, supervision of
the execution of decisions of judicial bodies and the exercise of other functions as
representatives of the public interest.
(g) Prosecutors shall, in accordance with the law, perform their duties fairly, consistently
and expeditiously, and respect and protect dignity and uphold human rights, thus
contributing to ensuring due process and the smooth functioning of the criminal justice
system.
(h) In the performance of their duties, prosecutors shall:
1. carry out their functions impartially and avoid all political, social, racial, ethnic, religious,
cultural, sexual, gender or any other kind of discrimination;
2. protect the public interest, act with objectivity, take proper account of the position of the
suspect and the victim, and pay attention to all relevant circumstances, irrespective of
whether they are to the advantage or disadvantage of the suspect;
3. keep matters in their possession confidential, unless the performance of duty or needs of
justice require otherwise;
4. consider the views and concerns of victims when their personal interests are affected
and ensure that victims are informed of their rights in accordance with the provisions
below relating to victims.
(a) Prosecutors shall not initiate or continue prosecution, or shall make every effort to stay
proceedings, when an impartial investigation shows the charge to be unfounded.
(b) Prosecutors shall give due attention to the prosecution of crimes committed by public
officials, particularly corruption, abuse of power, grave violations of human rights and
other crimes recognized by international law and, where authorized by law or consistent
with local practice, the investigation of such offences.
(c) When prosecutors come into possession of evidence against suspects that they know or
believe on reasonable grounds was obtained through recourse to unlawful methods, which
constitute a grave violation of the suspects human rights, especially involving torture or
cruel, inhuman or degrading treatment or punishment, or other abuses of human rights,
they shall refuse to use such evidence against anyone other than those who used such
methods, or inform the judicial body accordingly, and shall take all necessary steps to
ensure that those responsible for using such methods are brought to justice.
(d) In order to ensure the fairness and effectiveness of prosecution, prosecutors shall strive
to cooperate with the police, judicial bodies, the legal profession, paralegals, non-
governmental organisations and other government agencies or institutions.
(e) Disciplinary offences of prosecutors shall be based on law or lawful regulations.
Complaints against prosecutors, which allege that they acted in a manner that is
inconsistent with professional standards, shall be processed expeditiously and fairly under
appropriate procedures prescribed by law. Prosecutors shall have the right to a fair hearing
including the right to be represented by a legal representative of their choice. The decision
shall be subject to independent review.
(f) Disciplinary proceedings against prosecutors shall guarantee an objective evaluation
and decision. They shall be determined in accordance with the law, the code of professional
conduct and other established standards and ethics.
G. ACCESS TO LAWYERS AND LEGAL SERVICES:
(a) States shall ensure that efficient procedures and mechanisms for effective and equal
access to lawyers are provided for all persons within their territory and subject to their
jurisdiction, without distinction of any kind, such as discrimination based on race, colour,
ethnic origin, sex, gender, language, religion, political, or other opinion, national or social
origin, property, disability, birth, economic or other status.
(b) States shall ensure that an accused person or a party to a civil case is permitted
representation by a lawyer of his or her choice, including a foreign lawyer duly accredited
to the national bar.
(c) States and professional associations of lawyers shall promote programmes to inform
the public about their rights and duties under the law and the important role of lawyers in
protecting their fundamental rights and freedoms.
G. LEGAL AID AND LEGAL ASSISTANCE:
(a) The accused or a party to a civil case has a right to have legal assistance assigned to him
or her in any case where the interest of justice so require, and without payment by the
accused or party to a civil case if he or she does not have sufficient means to pay for it.
(b) The interests of justice should be determined by considering:
1. in criminal matters:
i) the seriousness of the offence;
ii) the severity of the sentence.
2. in civil cases:
i) the complexity of the case and the ability of the party to adequately represent himself or
herself;
ii) the rights that are affected;
iii) the likely impact of the outcome of the case on the wider community.
(a) The interests of justice always require legal assistance for an accused in any capital
case, including for appeal, executive clemency, commutation of sentence, amnesty or
pardon.
(b) An accused person or a party to a civil case has the right to an effective defence or
representation and has a right to choose his or her own legal representative at all stages of
the case. They may contest the choice of his or her court-appointed lawyer.
(c) When legal assistance is provided by a judicial body, the lawyer appointed shall:
1. be qualified to represent and defend the accused or a party to a civil case;
2. have the necessary training and experience corresponding to the nature and seriousness
of the matter;
3. be free to exercise his or her professional judgement in a professional manner free of
influence of the State or the judicial body;
4. advocate in favour of the accused or party to a civil case;
5. be sufficiently compensated to provide an incentive to accord the accused or party to a
civil case adequate and effective representation.
(a) Professional associations of lawyers shall co-operate in the organisation and provision
of services, facilities and other resources, and shall ensure that:
1. when legal assistance is provided by the judicial body, lawyers with the experience and
competence commensurate with the nature of the case make themselves available to
represent an accused person or party to a civil case;
2. where legal assistance is not provided by the judicial body in important or serious
human rights cases, they provide legal representation to the accused or party in a civil case,
without any payment by him or her.
(a) Given the fact that in many States the number of qualified lawyers is low, States should
recognize the role that para-legals could play in the provision of legal assistance and
establish the legal framework to enable them to provide basic legal assistance.
(b) States should, in conjunction with the legal profession and non-governmental
organizations, establish training, the qualification procedures and rules governing the
activities and conduct of para-legals. States shall adopt legislation to grant appropriate
recognition to para-legals.
(c) Para-legals could provide essential legal assistance to indigent persons, especially in
rural communities and would be the link with the legal profession.
(d) Non-governmental organizations should be encouraged to establish legal assistance
programmes and to train para-legals.
(e) States that recognize the role of para-legals should ensure that they are granted similar
rights and facilities afforded to lawyers, to the extent necessary to enable them to carry out
their functions with independence.
G. INDEPENDENCE OF LAWYERS:
(a) States, professional associations of lawyers and educational institutions shall ensure
that lawyers have appropriate education and training and be made aware of the ideals and
ethical duties of the lawyer and of human rights and fundamental freedoms recognized by
national and international law.
(b) States shall ensure that lawyers:
1. are able to perform all of their professional functions without intimidation, hindrance,
harassment or improper interference;
2. are able to travel and to consult with their clients freely both within their own country
and abroad;
3. shall not suffer, or be threatened with, prosecution or administrative, economic or other
sanctions for any action taken in accordance with recognized professional duties,
standards and ethics.
(a) States shall recognize and respect that all communications and consultations between
lawyers and their clients within their professional relationship are confidential.
(b) It is the duty of the competent authorities to ensure lawyers access to appropriate
information, files and documents in their possession or control in sufficient time to enable
lawyers to provide effective legal assistance to their clients. Such access should be provided
at the earliest appropriate time.
(c) Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith
in written or oral pleadings or in their professional appearances before a judicial body or
other legal or administrative authority.
(d) Where the security of lawyers is threatened as a result of discharging their functions,
they shall be adequately safeguarded by the authorities.
(e) Lawyers shall not be identified with their clients or their clients causes as a result of
discharging their functions.
(f) Lawyers shall at all times maintain the honour and dignity of their profession as
essential agents of the administration of justice.
(g) Lawyers, in protecting the rights of their clients and in promoting the cause of justice,
shall seek to uphold human rights and fundamental freedoms recognized by national and
international law and shall at all times act freely and diligently in accordance with the law
and recognized standards and ethics of the legal profession.
(h) Lawyers shall always loyally respect the interests of their clients.
(i) Lawyers like other citizens are entitled to freedom of expression, belief, association and
assembly. In particular, they shall have the right to take part in public discussion of matters
concerning the law, the administration of justice and the promotion and the protection of
human rights and to join or form local, national or international organizations and attend
their meetings, without suffering professional restrictions by reason of their lawful action
or their membership in a lawful organization. In exercising these rights, lawyers shall
always conduct themselves in accordance with the law and the recognized standards and
ethics of the legal profession.
(j) Lawyers shall be entitled to form and join self-governing professional associations to
represent their interests, promote their continuing education and training and protect their
professional integrity. The executive body of the professional association shall be elected
by its members and shall exercise its functions without external interference.
(k) Codes of professional conduct for lawyers shall be established by the legal profession
through its appropriate organs, or by legislation, in accordance with national law and
custom and recognized international standards and norms.
(l) Charges or complaints made against lawyers in their professional capacity shall be
processed expeditiously and fairly under appropriate procedures. Lawyers shall have the
right to a fair hearing, including the right to be assisted by a lawyer of their choice.
(m) Disciplinary proceedings against lawyers shall be brought before an impartial
disciplinary committee established by the legal profession, before an independent
statutory authority, or even before a judicial body, and shall be subject to an independent
judicial review.
(n) All disciplinary proceedings shall be determined in accordance with the code of
professional conduct, other recognized standards and ethics of the legal profession and
international standards.
G. CROSS BORDER COLLABORATION AMONGST LEGAL PROFESSIONALS:
(a) States shall ensure that national legislation does not prevent collaboration amongst
legal professionals in countries in their region and throughout Africa.
(b) States shall encourage the establishment of agreements amongst states and
professional legal associations in their region that permit cross-border collaboration
amongst lawyers including legal representation, training and education, and exchange of
information and expertise.
G. ACCESS TO JUDICIAL SERVICES:
(a) States shall ensure that judicial bodies are accessible to everyone within their territory
and jurisdiction, without distinction of any kind, such as discrimination based on race,
colour, disability, ethnic origin, sex, gender, language, religion, political or other opinion,
national or social origin, property, birth, economic or other status.
(b) States must take special measures to ensure that rural communities and women have
access to judicial services. States must ensure that law enforcement and judicial officials
are adequately trained to deal sensitively and professionally with the special needs and
requirements of women.
(c) In countries where there exist groups, communities or regions whose needs for judicial
services are not met, particularly where such groups have distinct cultures, traditions or
languages or have been the victims of past discrimination, States shall take special
measures to ensure that adequate judicial services are accessible to them.
(d) States shall ensure that access to judicial services is not impeded including by the
distance to the location of judicial institutions, the lack of information about the judicial
system, the imposition of unaffordable or excessive court fees and the lack of assistance to
understand the procedures and to complete formalities.
G. RIGHT OF CIVILIANS NOT TO BE TRIED BY MILITARY COURTS:
a) The only purpose of Military Courts shall be to determine offences of a purely military
nature committed by military personnel.
b) While exercising this function, Military Courts are required to respect fair trial standards
enunciated in the African Charter and in these guidelines.
c) Military courts should not in any circumstances whatsoever have jurisdiction over
civilians. Similarly, Special Tribunals should not try offences which fall within the
jurisdiction of regular courts.
M. PROVISIONS APPLICABLE TO ARREST AND DETENTION:
1. Right to liberty and security
(a) States shall ensure that the right of everyone on its territory and under its jurisdiction
to liberty and security of person is respected.
(b) States must ensure that no one shall be subject to arbitrary arrest or detention, and that
arrest, detention or imprisonment shall only be carried out strictly in accordance with the
provisions of the law and by competent officials or persons authorized for that purpose,
pursuant to a warrant, on reasonable suspicion or for probable cause.
(c) Each State shall establish rules under its national law indicating those officials
authorized to order deprivation of liberty, establishing the conditions under which such
orders may be given, and stipulating penalties for officials who, without legal justification,
refuse to provide information on any detention.
(d) Each State shall likewise ensure strict supervision, including a clear chain of command,
of all law enforcement officials responsible for apprehensions, arrests, detentions, custody,
transfers and imprisonment, and of other officials authorized by law to use force and
firearms.
(e) Unless there is sufficient evidence that deems it necessary to prevent a person arrested
on a criminal charge from fleeing, interfering with witnesses or posing a clear and serious
risk to others, States must ensure that they are not kept in custody pending their trial.
However, release may be subject to certain conditions or guarantees, including the
payment of bail.
(f) Expectant mothers and mothers of infants shall not be kept in custody pending their
trial, but their release may be subject to certain conditions or guarantees, including the
payment of bail.
(g) States shall ensure, including by the enactment of legal provisions, that officials or other
persons who arbitrarily arrest or detain any person are brought to justice.
(h) States shall ensure, including by the enactment of legal provisions and adoption of
procedures, that anyone who has been the victim of unlawful arrest or detention is enabled
to claim compensation.
1. Rights upon arrest:
a) Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his or
her arrest and shall be promptly informed, in a language he or she understands, of any
charges against him or her.
b) Anyone who is arrested or detained shall be informed upon arrest, in a language he or
she understands, of the right to legal representation and to be examined by a doctor of his
or her choice and the facilities available to exercise this right.
c) Anyone who is arrested or detained has the right to inform, or have the authorities
notify, their family or friends. The information must include the fact of their arrest or
detention and the place the person is kept in custody.
d) If the arrested or detained person is a foreign national, he or she must be promptly
informed of the right to communicate with his or her embassy or consular post. In addition,
if the person is a refugee or stateless person or under the protection of an inter-
governmental organization, he or she must be notified without delay of the right to
communicate with the appropriate international organization.
e) States must ensure that any person arrested or detained is provided with the necessary
facilities to communicate, as appropriate, with his or her lawyer, doctor, family and friends,
and in the case of a foreign national, his or her embassy or consular post or an international
organization.
f) Any person arrested or detained shall have prompt access to a lawyer and, unless the
person has waived this right in writing, shall not be obliged to answer any questions or
participate in any interrogation without his or her lawyer being present.
g) Anyone who is arrested or detained shall be given reasonable facilities to receive visits
from family and friends, subject to restriction and supervision only as are necessary in the
interests of the administration of justice and of security of the institution.
h) Any form of detention and all measures affecting the human rights of a person arrested
or detained shall be subject to the effective control of a judicial or other authority. In order
to prevent arbitrary arrest and detention or disappearances, states should establish
procedures that require police or other officials with the authority to arrest and detain to
inform the appropriate judicial official or other authority of the arrest and detention. The
judicial official or other authority shall exercise control over the official detaining the
person.
1. Right to be brought promptly before a judicial officer:
a) Anyone who is arrested or detained on a criminal charge shall be brought before a
judicial officer authorized by law to exercise judicial power and shall be entitled to trial
within a reasonable time or to release.
b) The purpose of the review before a judicial or other authority includes to:
1. assess whether sufficient legal reason exists for the arrest;
2. assess whether detention before trial is necessary;
3. determine whether the detainee should be released from custody, and the conditions, if
any, for such release;
4. safeguard the well-being of the detainee;
5. prevent violations of the detainees fundamental rights;
6. give the detainee the opportunity to challenge the lawfulness of his or her detention and
to secure release if the arrest or detention violates his or her rights.
1. Right of arrested or detained person to take proceedings before a judicial body:
Anyone who is deprived of his or her liberty by arrest or detention shall be entitled to take
proceedings before a judicial body, in order that that judicial body may decide without
delay on the lawfulness of his or her detention and order release if the detention is not
lawful.
2. Right to habeas corpus:
a) States shall enact legislation, where it does not exist, to ensure the right to habeas
corpus, amparo or similar procedures.
b) Anyone concerned or interested in the well-being, safety or security of a person
deprived of his or her liberty has the right to a prompt and effective judicial remedy as a
means of determining the whereabouts or state of health of such a person and/or
identifying the authority ordering or carrying out the deprivation of liberty.
c) In such proceedings, competent national authorities shall have access to all places where
persons deprived of their liberty are being held and to each part of those places, as well as
to any place in which there are grounds to believe that such persons may be found.
d) Any other competent authority entitled under law of the State or by any international
legal instrument to which the State is a party may also have access to such places.
e) Judicial bodies shall at all times hear and act upon petitions for habeas corpus, amparo
or similar procedures. No circumstances whatever must be invoked as a justification for
denying the right to habeas corpus, amparo or similar procedures.
1. Right to be detained in a place recognised by law:
a) Any person deprived of liberty shall be held in an officially recognised place of detention.
b) Accurate information shall be recorded regarding any person deprived of liberty
including:
1. his or her identity;
2. the reasons for arrest;
3. the time of arrest and the taking of the arrested person to a place of custody;
4. the time of his first appearance before a judicial or other authority;
5. the identity of the law enforcement officials concerned;
6. precise information concerning the place of custody;
7. details of the judicial official or other authority informed of the arrest and detention.
a) Accurate information on the detention of such persons and their place or places of
detention, including transfers, shall be promptly available to their family members, their
legal representative or to any other persons having a legitimate interest in the information.
b) An official up-to-date register of all persons deprived of liberty shall be maintained in
every place of detention and shall be made available to any judicial or other competent and
independent national authority seeking to trace the whereabouts of the a detained person.
7. Right to humane treatment:
(a) States shall ensure that all persons under any form of detention or imprisonment are
treated in a humane manner and with respect for the inherent dignity of the human person.
(b) In particular States must ensure that no person, lawfully deprived of his or her liberty is
subjected to torture or to cruel, inhuman or degrading treatment or punishment. States
shall ensure that special measures are taken to protect women detainees from ill-
treatment, including making certain that their interrogation is conducted by women police
or judicial officials.
(c) Women shall at all times be detained separately from men and while in custody they
shall receive care, protection and all necessary individual assistance psychological,
medical and physical that they may require in view of their sex and gender.
(d) It shall be prohibited to take undue advantage of the situation of a detained or
imprisoned person for the purpose of compelling him or her to confess, to incriminate
himself or herself or to testify against any other person.
(e) No detained person while being interrogated shall be subject to violence, threats or
methods of interrogation which impair his or her capacity of decision or his or her
judgement.
(f) No detained person shall, even with his or her consent, be subjected to any medical or
scientific experimentation which could be detrimental to his or her health.
(g) A detained person or his or her legal representative or family shall have the right to
lodge a complaint to the relevant authorities regarding his or her treatment, in particular in
case of torture or other cruel, inhuman or degrading treatment.
(h) States shall ensure that effective mechanisms exist for the receipt and investigation of
such complaints. The right to lodge complaints and the existence of such mechanisms
should be promptly made known to all arrested or detained persons.
(i) States shall ensure, including by the enactment of legal provisions, that officials or other
persons who subject arrested or detained persons to torture or to cruel, inhuman or
degrading treatment are brought to justice.
(j) States shall ensure, including by the enactment of legal provisions and adoption of
procedures, that anyone who has been the victim of torture or cruel, inhuman or degrading
treatment or punishment is enabled to claim compensation.
8. Supervision of places of detention:
(a) In order to supervise strict observance of relevant laws and regulations and
international standards applicable to detainees, places of detention shall be visited
regularly by qualified and experienced persons appointed by, and responsible to, a
competent authority distinct from the authority directly in charge of the administration of
the place of detention.
(b) A detained person shall have the right to communicate freely and in full confidentiality
with the persons who visit the places of detention or imprisonment in accordance with the
above principle, subject to reasonable conditions to ensure security and good order in such
places.
Civil society refers to non governmental organizations and institution that manifests interests and
will of citizen. It can also be defined as individuals and organizations in a society which are
independent from the government.6 Volunteering is considered a defining characteristic of the
organization that constitute a civil society which is in turn called often as a non governmental
organization (NGO).7

6
Difinitions. Net/definition/civil%20seciety.
7
Dictionary.com
Non governmental organization is referred to as an organization that is flexible and democratic in
its organization and attempts to saver people without profits for itself. Non government
organization (NGO) is an efficient comprised organization created by normal and authorized
persons that operate autonomous from any government. The phrase originated from United
Nations (UN) and its generally to pass to organizations that do not structure part of the
government and are not conservative for profit business. In 1839, the international non
governmental organization emerged and by 1914, it was expected to have 1083 NGOs.
International non organization (INGO) were significant in anti slavery movement and the society
for women suffrage at the point in time of the world disarmament conference. On the other hand
the idiom non governmental organization only came into use with the institution of united
nation organization in 1945 which necessitate in article 71 of chapter 10 of the united nation for
a consultative role for organizations which are neither governmental nor associate state.

The international non governmental organization (INGO) was first given in resolution 288(x) of
ECOSOC on February 27, 1950. INGO is not established by an international treaty, the
fundamental role of NGOs in sustainable advocacy was recognized in chapter 27 of the agenda
21 leading to strong wide organization, national NGOs arrangement for consultative affiliation
among the United Nations and non governmental organizations. Classification of NGOs can be
unstated by orientation levels and cooperation. In orientation level it includes charitable
orientative service, participation as empowering orientation and in cooperation classifications
includes community based organizations, city wide organizations, national NGOs.

The national NGOs (INGO) are non governmental organizations that serve only in the county.
Government operation NGOS (GONGO), this are setup by the government to gaze like NGO In
order to be eligible for outside aid or promote happiness of the government in question.
Petit for transnational NGO (TNGO), the phase emerged in 1970s due to the swell of
environment and financial issues in the global community. TNGO includes NGOs that are not
only cramped to only one county but survive in two or more countries.
Quasi autonomous NGO (QUANGO), this include international organization for standardization
(ISO), its actually not purely an NGO because its membership is by nation and each nation is
symbolized by what the ISO council solve to be the most broadly representatives standardization
body of a nation which might itself be non governmental organization.
The World Bank uses partitions on to operational and advocacy in classifying NGOs.
Operational NGO seeks to scale charge frankly through projects, they mobilize financial
resource, materials and volunteers to produced localized programs in the field. Operational NGO
deals with an extensive range of problems but are mostly connected with delivery of services and
welfare. They can be based at community, national and international level of NGOs.
Complaining NGOs seeks to achieve large scale charge promoted indirectly through influence of
political system; they consist of efficient and effective group of professional members who are
able to keep supporters informed, motivated, plan and host deportations including events that
will keep their cause to the media. Campaigning NGOs deal with issues relating to human rights,
womens rights, childrens rights. The purpose of an advocacy is to defend or promote a specific
cause as opposed to operational project management, this organization typically try to raise
awareness, acceptance and knowledge by lobbing press work and actives event.
The concern about NGOs is projected to fill agape in government service but in countries like
India, NGOs are gaining a dominant strong body in decision making.

In many several countries, NGOs are called civil society organizations or referred to by extra
names. The figure of international operating NGOs is anticipated at 40000, national NGOs are
even higher and in Russia it includes 277000 national NGOs, India has around 3.3 million
NGOS in 2009.8 Its estimated worldwide of 10 million NGOs usually founded by donations and
those who run primarily by volunteers.

Looking back at how the concept of civil society origin way back around 2500 years ago in
ancient Greek and Rome, the thinkers in Greek and roman began talking about civil society as
part of a managerial attempt to establish geometry of human relations. They considered civility
as an orientation towards the common good and requirement of effective citizenship rather than
as a matter of domestic relations. Its suggested that the roots of the contemporary interest in
civil society lie in the contention of east European intellectuals during the 1980s that
communism crisis could only be understood as a revolt of civil society against the state.9

This development stated from Europe during the enlighten period and spread across the world.
Civil society exists worldwide currently and can be found in streets, communities, national and

8
Indianmiror.com
9
Oxford handbooks.com/view/oxfordhb.
international level. Civil society include charities, neighborhood self-help schemes, international
bodies like united nations, red cross, religious based pressured groups, human rights campaign
repressive societies ( human rights action centre, amnesty international, human rights watch,
human rights without frontiers).10

The civil society has been credited worldwide in protecting and promotion of human rights under
international covenant on civil and political rights and theses can be observed on the roles played
by civil society towards human rights as follows;

Role of civil society in promotion of civil and political rights

The rise of NGOs as intenational actors as well as shapers of national policy is one of the most
important trends in international relations .

NGOs encompass the entire range of civil society: from lobbying , for better health, protection
of the environment and advancement of education for all to delivering humanitarian relief and
securing and protection basic civil and political rights . the role of civil society and NGOs . civil
society and non governmental organization(NGOS) have the power toinfluence individual
behavior and institutionas that are involved in healthy diet and physical activity promotion.

Civill society provides a critical foundation for holding governments accountable, ensuring good
governance and promoting all human rights including economic, social and cultural rights .
citizens , activites, organizations , congregations , writers , journalists and reporters each play a
vital role in encouring governemnet to respect human rights . these groups create and maintain a
healthy ,vibrant society

There are NGOS devoted to specific health issues such as womens health care or HIC/AIDS for
instance the Whitman Walkers Clinic in Washington Matropolitan area. There are also NGOs
based miles away that are battling with these same concerns. For example , the Kenya AIDS
NGO consortium is a coalition of some GOO NGOS and religious organisations that deal with
aids related activities in Africa . indeed ,the AIDS pandemic has spawed a host of indigenous
NGOs in Sub- Sahara Africa.

10
Bbc.co.uk/world service/people/highlight/civil shttml
Environmental NGOs in the former soviet Union and Eastern Europe played a vital role in the
political , social and economic danges of :

1. Item 3 general debate , U.S STATEMENT, DELIVERED Y Ambassador Doratoe ,

Human rights council 18th session. Geeva sept 15th , 2011

2. Capsule review March / April 1997 , claude E. Welch, Jr.

1980s today they continue to have an enormous impact in countries across the globe pushing for
governmental transparency and accountability which can fuel political reform

Political NGOs , these advocate for human rights and democratic principles and practices
although they constitute only a small component of the global NGO community , they are the oes
that draw the most fire from governments who view them as a threat to their power.

These NGOs build on a legacy of championing human rights through norm setting and
monitoring. They helped to shape international agreements instruments, institutions and human
rights mechanisms over decades. NGOs were key to shaping the language on human rights and
fundamental freedoms in the United Nations Charter and of the UN Universal Declaration on
Human Rights its self. These NGOs courageously defend human rights activists, often while
risking reprisal themselves

Together with the increasing worldwide demand for greater personal and political freedom often
reflected in the work of the NGOs is the growing recognition that democracy is the form of
government that can best meet the demands of citizens for dignity liberty and equality

Today, all across the globe, NGOs are helping to establish and strengthen democracy in the three
ways.

First, NGOs are working to established awareness of and respect for the right of individuals to
exercise freedoms of expression, assembly and association which is crucial to participatory
democracy

Secondly NGOs are working to ensure that there is a level playing field upon which candidates
for elective office can complete and that the entire elections is free and fair
Thirdly, NGOs are working to build and strengthen the rule of just laws and responsive and
accountable institutions of government so that the rights of individuals are protected regardless
of which persons or parties may be in office at an given time

Challenges facing NGOs

Michael Edwards stated that speaking globally for a moment . I think if it is true to say that we
are meeting at a time when the high levels of support for civil society that we saw in the early
2000s have begun to decline . thats partly because the idea of civil society has bee used and
misused for so many different ad conflicting purposes

On the political side, government s have formulated tighter laws, regulations and registration
requirements for NGOs and other civic groups . many of these attempts have been justified by
reference to the war on terror and the need to clame down on support for organizations deemed
to be conducts for terrorist funding, but very few cases of such leakage have been succeefully
prosecuted and these moves seem motivated by more basic pre existing sulpicions of civil
societys rising influence .the inevitable price of our succession might say.

Furthermore, most governments view NGOs as a threat to their democratic way of life. These
governments feel threatened by their work. In many countries, we see disturbing attempts to
intimidate NGOs and restrict or shut them down. States are developing and using tools to subsert
, suppress and silence these organizations . They involve or create restrictive laws and
regulations as shown above. They impose burdensome registration and tax requirements.
Charges are vague such as disturbing social order and implementation and enforcement are
arbitrary festering a climate of self censorship and fear.

The second set of challenges have come from the economic arena, most obviously from the
global financial crisis that is hurting all of our budgets and our endowment but also from the
increasing encroachment of business and the market into areas traditionally seen as the preserve
of civil

At its best at its core , in its deepest sense, civil society both provides and calls for a vision of a
world transformed , world transfused by love and justice , the beloved community of Marti
Luther King , Tikkun Olam, Ummah and Ubingla, the African tradition of a common humanity
characterized by unity in diversify , a line of thinking that moves us away from building NGOs
and other civic groups as an end in itself and refocuses the debate n the king of society we are
trying to create together. Civil society is not simply a set of institution or practices like
philanthropy, it represents a different way of living and being in the world, a way that will be
critical to our future survival and prosperity as one human race. Depending and extending civil
society is therefore the work of all of us in the many years ahead .

Internally it is clear that civil society is not always a source of support for democracy and peace.
Some associations have an eplicit commitment to defending rights and citizenship while others
hold few broader ambitions , preferring instead to concentrate on defending their members
cultural , religious or economic interests . these that do express there democratic commitments
often have weak roots in constituencies and communities beyond the urban elite , so their
influence is limited is limited. Therefore , inclusive public spheres and bread based civic action
are rare, often emerging only at times of crisis and difficulty to sustain beyoun the first wave of
democratic elections even in South Africa, where NGOs are community based orgnaisatio were
so influencial prior to and after the end of apartheid and now number over 50,000 strong or in
Kenya which has three times that number of civil society associations . dependence on foreign
donors is highly raising suspicions about external agendas that make civil society groups on easy
target for attack

Recommendations

A health civil society needs both strong bridges associations that meet the needs of citizens in all
their expressions and ties that meet the needs of citizens in all their expressions and ties that
reach back in time to provide continually as well as forward to new sense of self. In Uganda ,
Ghana , Nigeria and elsewhere , ethnicity has already provided a focus for popular mobilization
in context where existing power arrangements have closed down other routes to participation in
democratic governance what appear as ethnic conflicts are often more straight forward struggles
over access to resources and political power that are manipulated along clan or tribal lines.

Turning to relations with states, we know that strengthening the links between civil society and
political life is central to the ability of democratic governance to deliver peace and social justice.
Experience shows that it is groups in civil society with strong networks and connections to
institutional political actors like parties and parliaments that are must able to engage new space
and institutions for citizen participation.

Civil societies must walk the fine line of critical friendship showing and independence at
different times and in different circumstances so that they can both support government officials
who are championing reform from within and hold them accountable when they fall short .
efforts to put more civil society pressure on states to live up to their social obligations. Some
form of formal compact between state and civil society is probably the best way to do this.

Underlying effect civil society action in all those areas are some basic and familiar issues of
independence ,authenticity , capacity and resources , which form the core along with the need
to foster an ongoing public conversation about civil society and its role in order to build
confidence and support and reduce the doubts and suspicions that permeate relations both with
the state and with many of its citizens or subjects

In conclusion , of all its many expression and disguise and especially when viewed openly,
creatively and holistically , civil society can provide a valuable framework for understanding and
changing key elements of our world the civil society debate will never be closed because the
essence of civil society is collective action, negotiation and struggle . all of us who are involved
in the struggle to protect and enhance civil society with need to understand and respond to these
changes in sophisticated ways in and through our w