THREE DECADES OF THE AFRICA CHARTER ON HUMAN AND PEOPLES RIGHTS: AN APPRAISAL OF THE NORMATIVE AND INSTITUTIONAL ENFORCEMENT REGIME

Abstract

The year 2016 marked the thirtieth anniversary of the African Charter on Human and Peoples’ Rights following its adoption in 1981 and subsequent coming into effect in 1986. Upon the adoption in 1981, Africa laid its foundation for an indigenous human rights mechanism beyond the stereotyped western-oriented individual rights treaties. As the principal regional human rights treaty, the Africa charter introduced features recognising the African history and tradition in a manner which warrants universality and equality of different categories of human rights. This study evaluates the impact of this treaty by reflecting on the normative and institutional strengths, weaknesses and priorities for change needed for effective protection of the treaty rights and freedom. This evaluation is crucial because the African Charter emerged at a time in African history when human rights violations were prevalent in many African states.