Human Rights in Africa: Enhancing Human Rights Through the African Regional Human Rights System

A relatively short assessment is made of the OAU's human rights activities before the African Charter was adopted in 1981. In sum, this period saw the Organization's failure to redress gross violations of human rights on the continent while it did achieve successes in relation to colonialism, self-determination, diplomatic efforts involving apartheid in South Africa, initiatives on refugees and conflict resolution. As a prelude to examining the history and content of the African Charter, the author raises the question whether the "Africanist" philosophy of the Charter undermines the universalism in favor of "African culturalism" or "cultural relativism." He compares the substantive provisions of the African Charter with those found in global human rights instruments, to show that the Charter's norms do not conflict with the universally recognized norms. He aptly shows the innovations on group or solidarity rights found in Articles 19-24 of the African Charter.

It will be recalled that the African Commission was inaugurated on November 2, 1987, as the primary institution to supervise state parties' compliance with the African Charter. The author examines the workings of the institution between 1987 and 1999, its jurisprudence activism relations with NGOs, how it has clarified various controversies, its role in the appointment of special rapporteurs and conduct of on-site missions to state parties, and adopted resolutions based on its own initiative. Readers will find the African Commission's jurisprudence to be thoroughly treated, and the author's personal assessment on the achievements and shortcomings. When looking at the various rights in the African Charter, as for example, the right to freedom of movement and residence, his approach is to first explain what the concepts mean, what constitutes a violation with examples, the African Commission's jurisprudence on the topic, the Uganda and South Africa practices, various debates about the content of the concept, and whether the Commission has been more expansive in its approach in relation to the concept as found in other treaties.

Coverage of the African Court on Human and People's Rights should be recognized as being diagnosed by Dr. Mugwanya before the Protocol came into force. He is critical in his discussion and evaluation of the Protocol. All facets of the Protocol are explored; this includes the future Court's interaction with the African Commission, the complementary and reinforcing functions necessary for the latter institution to realize its full potential. He is atune to the need to enhance the African Charter's normative, institutional and procedural dimensions. He points to new rights that need to be addressed, perhaps through future protocols. These include rights to freedom from hunger, to social security, an adequate standard of living, to create trade unions, to pay special attention to African women, children and the disabled. He leaves the reader with a substantial list of recommendations, that include steps that the African Union should take to enhance the African regional human rights system.