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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The African Commission on Human and People's Rights and human rights in Africa: the way forward
Author:Okunade, BayoISNI
Periodical:African Notes: Bulletin of the Institute of African Studies, University of Ibadan
Geographic term:Africa
Subjects:African agreements
human rights
African Charter on Human and Peoples' Rights
Abstract:In 1981, the African Charter on Human and Peoples' Rights (the Banjul Charter) was signed. In 1986 it came into force. This paper attempts an empirical analysis of the operation and performance of its primary body of enforcement, the African Commission on Human and Peoples' Rights, which is based in Banjul, The Gambia. The Commission was elected in 1987 and has responsibility for implementing the African Charter. The article discusses problems the Commission faces which inhibit its capacity to promote and protect the guaranteed rights of the Charter; the Rules of Procedure which the Commission adopted in 1988; the examination of periodic country reports and the question of non-compliance; and practical problems such as poor funding and poor attendance. The ineffectiveness of the Commission is largely attributable to the African condition. The establishment at this stage, however, of an African Human Rights Court, would not be very helpful. The conditions are not ripe for an effective regional human rights promotion and protection system in Africa to emerge. A lot depends on the outcome of the current attempts in individual African States to move towards pluralism, democracy and human rights. At present, Africans do have access to other, supplementary forms of remedies to human rights abuses within the UN proper and its specialized agencies. Ref.