THE ANALYSIS OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS IN THE ADVANCEMENT OF HUMAN RIGHTS IN AFRICA
INTRODUCTION
The aspiration for a strong and united Africa led to the formation of the African Union (AU) in Durban, South Africa on the 9th of July, 2002. Prior to the formation of the AU, the defunct Organization of African Unity (OAU) was established since 1963, which was primarily aimed at the decolonization of Africa and the fight against apartheid. However, the transition from OAU to AU was as a result of the challenges of the 21st century and the need for greater African integration and a shift to focus mainly on economic, social and political development.
The AU consists of 55 member states which are the countries in the African Continent. The AU is intended to promote the Pan-African consciousness, increase cooperation and integration among African states for the purpose of growth and economic development and also to promote the advancement of Human rights in the Continent. As a result of which the AU established the African Charter on Human and Peoples’ Rights, also known as the Banjul Charter. This article tends to offer a comprehensive analysis of the Charter as an international human rights instrument, basically laying emphasis on the respective individual and collective rights contained in the Charter. Also, this paper will examine the responsibility of the African Commission on Human and Peoples’ Right in the implementation of the Charter.
THE FORMATION OF THE AFRICAN UNION
The African Union (AU) was officially launched in July 2002 in Durban, South Africa, following a decision in September 1999 by the OAU to create a new continental organization. There was need to refocus attention from the fight for decolonization and ridding the continent of apartheid, which had been the focus of the OAU, towards increased cooperation and integration of African states to drive Africa’s growth and economic development.
One basic aim of the AU is the promotion and protection of human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights and other relevant human rights instruments; and amongst other aims such as to achieve greater unity and solidarity between African countries and their the people; promote democratic principles and institutions, popular participation and good governance; develop and promote common policies on trade, defence and foreign relations to ensure the defence of the Continent and the strengthening of its negotiating positions; etc.
The organs of the AU in charge of judicial and quasi-judicial and legal matters as well as human rights issues include; the African Commission on Human and Peoples’ Rights, African Court on Human and Peoples’ Rights, AU Commission on International Law, AU Advisory Board on Corruption and the African Committee of Experts on the Rights and Welfare of the Child.
THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS
The African Charter on Human and Peoples’ Rights, also known as the Banjul Charter was created under the defunct OAU in its 1979 Assembly of Heads of State and Government. A committee of experts was set up to draft a continent-wide human rights instrument. The committee produced a draft that was unanimously approved at the OAU's 18th Assembly held in Nairobi, Kenya on the 27th June, 1981.
The Charter is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent. Pursuant to Article 63 of the charter, it came into effect on 21st October 1986, in commemoration of which 21st October was declared "African Human Rights Day". Also, the African Commission on Human and Peoples' Rights was set up for the interpretation and oversight of the Charter, and in July 2004, the AU Assembly decided that the Charter would be incorporated into the African Court of Justice.
On the whole, the Charter comprises of a preamble, three (3) parts, four (4) chapters, and 68 articles. The Charter has some basic similar features with other regional instruments but also has notable unique characteristics concerning the norms it recognizes and also its supervisory mechanism which has established a regional human rights system for Africa.
The Charter contains varieties of norms, ranging from civil and political rights, economic, social and cultural rights to peoples' and group rights. Nevertheless, the Charter imposes duties on citizens and States.
THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHT
The African Commission on Human and Peoples’ Right is responsible for the implementation of the Charter. The Commission consists of 11 members which are nominated by states parties and then elected by the AU Assembly. The elected commissioners serve six-year terms in their personal capacity rather than as a representative of their government, and are eligible for re-election. The Commission has appointed some of its members as Special Rapporteurs or members of Working Groups on specific issues. The Special Rapporteurs usually undertake promotion and protection activities, which sometimes include visits to specific country by invitation from the state concerned, which they report back to the Commission. Special Rapporteurs have been established on various aspects including the extrajudicial summary or arbitrary executions, prisons and conditions of detention, the rights of women, human rights defenders, freedom of expression, refugees, asylum-seekers and internally displaced people etc. The Commission has also appointed some working groups, which includes, indigenous populations and communities, economic, social and cultural rights and the death penalty.
The Commission normally holds two ordinary sessions each year, in May and November. The Chairperson of the Commission may call extraordinary sessions in consultation with other members of the Commission. The agenda for a session is based on proposals made by the Secretary and Chairperson of the Commission. Members of the Commission, the AU Assembly, and any state that has ratified the Charter or NGO may also submit proposals for the agenda.
NGOs and representatives of intergovernmental organizations which are granted observer status by the Commission may participate, without a vote, in discussions of interest to them. The Commission examines communications also known as complaints, about a state and adopts its reports, decisions and resolutions in private meetings. After each session, the Commission publishes a final communiqué summarizing the discussion. It prepares an annual report of its activities, which includes the text of the resolutions and decisions on complaints adopted by the Commission. The annual report is published after approval by the AU Assembly.
CONCLUSION
The African Charter on Human and Peoples’ Rights is an important instrument in international human rights, which encompasses both individual and collective rights. The African Commission on Human and Peoples’ Right is mandated to promote, protect, and interpret the rights contained in the Charter. The Charter holistically includes economic, social, cultural, civil, and political rights. However, the implementation of the Charter is often restricted by limited resources and non binding enforcement mechanisms. In the light of the above, there will be need for a collective effort, deliberately put in place by the African Union, member states, civil society, and international partners, to enhance the impact of the Charter by having a more robust enforcement mechanisms, allocating more funds, political commitment, raising more adequate public awareness, collaborating with civil society more effectively, accelerating judicial processes and also to develop an effective follow-up mechanism.
References
Available at< https://au.int/en/overview > Last accessed 27/03/2025.
Paragraphs 10 and 11, Declaration of the Assembly of the OAU on the Political and Economic Situation in Africa.
"African Charter on Human and People's Rights" (PDF). Organisation of African Unity. 1981. Archived (PDF) from the original. Retrieved on 27/03/2025.
Article By Honour Happy-John Esq
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