Abstract
Neither has any other human-rights treaty received as much vitriolic bashing as the African Charter on Human and Peoples’ Rights (African Charter), 1981, nor has there been a dearth of negativity about the treaty as a human-rights instrument. Such is the spate of pessimism about the African Charter and its system that it has repeatedly been referred to as “a paper tiger”, among other undignified labels. Beyond the endless lampooning of the treaty and its system as mere platitudes, have there been no opportunities for the civil society to strengthen the promise of this treaty and its system. To what extent has the civil society exploited such opportunities? Can there be a reconceptualization of the roles and attitudes of civil society that will galvanize the African regional human-rights system towards a veritable mechanism for more effective human rights protection? This article examines the contributions of civil society to the evolutionary processes, successes, and perceived weaknesses of the African regional human-rights system since 1981. Extrapolating from some landmark institutional, normative and jurisprudential developments within the African regional arrangement, this article identifies civil society as an inevitable, integral bearer of credit for the successes, and blame for the shortcomings of the aforementioned system. The overarching objective here is to canvass for a repositioning of civil society towards more effective praxis, and, to identify the trajectories for such engagement.
Highlights
In an age when despots and dictatorial regimes held sway over much of Africa, the African Charter on Human Rights and Peoples’ Rights, commonly referred to as “the Banjul Charter”, was adopted in June 1981, giving birth to the triumphs and travails that have marked the African experience in establishing a regional system of humanrights promotion and protection
To what extent has the civil society exploited such opportunities? Can there be a reconceptualization of the roles and attitudes of civil society that will galvanize the African regional human-rights system towards a veritable mechanism for more effective human rights protection? This article examines the contributions of civil society to the evolutionary processes, successes, and perceived weaknesses of the African regional human-rights system since 1981
Rather than embarking on the deterministic zero-sum theories propounded by critics of African civil society, it is more relevant, in the context of our present study, to emphasize the need for the civil society in Africa to extricate itself from the trappings of the prebendalism, patriarchy, appeasement, corruption and patronage that have for long being associated with the African state
Summary
Neither has any other human-rights treaty received as much vitriolic bashing as the African Charter on Human and Peoples’ Rights (African Charter), 1981, nor has there been a dearth of negativity about the treaty as a human-rights instrument. This article examines the contributions of civil society to the evolutionary processes, successes, and perceived weaknesses of the African regional human-rights system since 1981. Extrapolating from some landmark institutional, normative and jurisprudential developments within the African regional arrangement, this article identifies civil society as an inevitable, integral bearer of credit for the successes, and blame for the shortcomings of the aforementioned system. The overarching objective here is to canvass for a repositioning of civil society towards more effective praxis, and, to identify the trajectories for such engagement
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