This book is an in-depth study of the African Charter of Human and Peoples' Rights, written with the insight of an insider. It assesses the effectiveness of the Charter and of the African Commission on Human and Peoples' Rights in its formative years. It also compares the Charter with other major human rights instruments. The author asserts that respect for human rights made the existence of African societies possible despite the eras of gross violation. The survival of African societies, indeed their continued development, depends on respect for human rights. While conceding the universality of human rights, the author underscores African specificities and pecularities. He discusses the proper limits of `exclusively internal matters', as often claimed by African spokesmen, and puts forward the legitimate concerns of the international community as an effective check to arbitrariness and other violations. The book will be of special interest to international lawyers, law students, the judiciary and foreign office officials. The human rights activist will find it particularly useful in dealing with the African situation.

Landmark study of the African Charter on Human and Peoples' Rights. Documents on one side the international community's inability to foist a human rights system upon Africa and on the other the process within the OAU (now African Union) that eventually brought it into being and determined its content. The African Charter on Human and Peoples' Rights (ACHPR), which was proposed in 1979, adopted in 1981 and came into effect in 1986, was the first non-Western declaration of human rights and the first official statement of an African human rights perspective. With Africa largely absent in 1948 when the Universal Declaration of Human Rights (UDHR) was adopted, it stands in stark historical reproach to the Western conception of universal human rights as a pivotal document in the decolonisation of the continent. This book, for the first time, presents a comprehensive account of the development of the ACHPR, which is key to a proper understanding of its fundamental nature. Through documenting its process of construction, it becomes possible to understand how Africans themselves understood the process and the issues involved and how the ACHPR became a political text asserted by African leaders and not a continuum of a so-called universal human rights tradition. The result is a radical repositioning of the underlying context of the ACHPR, one of the most important documents in modern African history, of how it came to be and how it should therefore be understood. Volume 2 describes the process through which the ACHPR came into being. Analysing the role of Western governments, the UN and NGOs, it shows that, contrary to the prevailing view of African human rights commentators, their influence was limited and at times counter-productive. That, in fact, the formulation of the ACHPR was a profoundly political process that was primarily a product of an African desire to instigate its own human rights perspective as a counter to the human rights universalism advanced by the Western post-war human rights tradition.

The African Charter on Human and Peoples' Rights (ACHPR) was the first non-Western declaration of human rights. This book, for the first time, presents a comprehensive account of the development of the ACHPR, key to a proper understanding of its fundamental nature. Volume 1 outlines the dominant African political and cultural ideas upon which the OAU (now African Union) was founded. Volume 2 describes the process through which the ACHPR came into being.

- PART ONE -.

The African Charter on Human and Peoples' Rights (ACHPR) is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples' Rights and the recently established African Court. This volume provides a comprehensive article-by-article legal analysis of the provisions of the Charter as it draws upon the documents adopted by the African Commission, including resolutions, case law, and concluding observations. Where relevant, case law adopted by the African Court on Human and Peoples' Rights, and that of other sub-regional courts and tribunals and domestic courts in Africa, are also incorporated. The book examines not only the substantive rights in the African Charter but also the work of the African Commission on Human and Peoples' Rights and provides a full examination of its mandate. A critical analysis of each of the provisions of the ACHPR is led principally by the jurisprudence and documentation of the African Commission and African Court. The text also identifies the overall development of the ACHPR within the broader regional and international human rights legal arena.

This book critically examines the civil, political, socioeconomic, and group rights protected under the African Charter and its Protocol on women’s rights. It then examines the institutional protection of these rights through the African Commission and African Court. The book builds on the concept of regionalism within Africa and the recent drive for finding “African solutions to African problems” by tracing the development of human rights within Africa and assessing the effectiveness of Africa’s core regional human rights institutions. In turn, it critically analyses the obstacles to the full implementation of human rights in Africa such as the lack of political will, jurisdictional issues, lack of resources and funding, poverty, illiteracy, corruption, and customary practices that violate human rights. In closing, the book discusses possible solutions to these problems.