Seven years in business : evaluating developments at the African Court on Human and Peoples' Rights

Abstract

The creation of the human rights system with the adoption in Nairobi, Kenya, in 1981 of the Charter on Human and Peoples' Rights (African Charter) under the auspices of the former Organization of Unity (OAU) and its entry into force on 21 October 1986, a culmination of the yearning of many civil society and human rights organisations have a home-grown human rights mechanism that works promote and protect the human rights of the peoples of Africa. It is now common knowledge that the 1961 International Commission of Jurists' African Conference on the Rule of one of the early fires in this regard. One of the resolutions of the conference (the famous Law of Lagos) in effect the creation of a human rights court under a proposed African Convention on Human Rights, which was lay down the basis for future efforts for the establishment of rules and mechanisms for the regional promotion and protection of human rights in Africa, and to give full effect the Universal Declaration of Human Rights. Granted that it took 20 years after the Law of Lagos for the Charter that sets the tone for a regional human rights regime be adopted, its adoption a welcome development. During the early period of this development, the Commission on Human and Peoples' Rights (African Commission) the only organ mandated under the Charter to: 1) engage in promoting human rights; 2) protect human rights; 3) examine state reports; and 4) provide interpretation of the Charter. As part of its protection mandate, the Commission innovated the hearing of individual complaints for human rights violations brought it by victims of such violations or their representatives.