The African Charter on Human and Peoples' Rights 1981

Abstract

Promotion and protection of human rights is essential for the survival and progression of humanity. Populations under foreign domination, and more particularly those of Africa, have always been prevented from benefiting unreservedly from the protection afforded by human rights values. The African Human Rights system is of comparatively recent origin. The entire process extended for over twenty years before it culminated in the adoption of the African Charter on Human and Peoples Rights, otherwise known as the Banjul Charter in 1981. This paper is an attempt to study the sequence of events which ultimately led to the adoption of the Charter, the rights and duties ennumerated therein and the organs for the protection and promotion of those rights and duties, namely the the African Commission on Human and Peoples rights and the Assembly of Heads of State and Government of OAU. It also tries to delve into the provisions of the two protocols to the Charter: The 1998 Protocol on the African Court on Human and Peoples' Rights and The 2003 Protocol on the Rights of Women. The paper further provides a comparative study of the African Charter with the other regional human rights instruments. .