The Banjul Charter on Human and Peoples’ Rights
271
This Charter was adopted by the Organisation of African Unity in 1981
and came into force in 1986. Currently all fifty-three members of the
African Union (as the OAU was renamed in 2000) are parties.
272
The
Charter contains a wide range of rights, including in addition to the tra-
ditional civil and political rights, economic, social and cultural rights and
269
See e.g.
Sawhoyamaxa Indigenous Community
v.
Paraguay
, Judgment of 29 March 2006.
See further above, chapter 6, p. 293.
270
See
Annual Report 2005
, p. 57.
271
See e.g. U. O. Umozurike,
The African Charter on Human and Peoples’ Rights
, The Hague,
1997; R. Murray,
The African Commission on Human and Peoples’ Rights
, London, 2000;
The African Charter on Human and Peoples’ Rights
(eds. M. Evans and R. Murray), Cam-
bridge, 2002; Rehman,
International Human Rights Law
, chapter 9; Steiner, Alston and
Goodman,
International Human Rights
, p. 1062; E. Ankumah,
The African Commission
on Human and Peoples’ Rights
, Dordrecht, 1996; R. Gittleman, ‘The African Charter on
Human and Peoples’ Rights: A Legal Analysis’, 22 Va. JIL, 1981, p. 667; Robertson and
Merrills,
Human Rights in the World
, p. 242; U. O. Umozurike, ‘The Protection of Hu-
man Rights under the Banjul (African) Charter on Human and Peoples’ Rights’, 1
African
Journal of International Law
, 1988, p. 65; A. Bello, ‘The African Charter on Human and
Peoples’ Rights’, 194 HR, 1985, p. 5; S. Neff, ‘Human Rights in Africa’, 33 ICLQ, 1984,
p. 331; U. O. Umozurike, ‘The African Charter on Human and Peoples’ Rights’, 77 AJIL,
1983, p. 902; B. Ramcharan, ‘The Travaux Pr´eparatoires of the African Commission on
Human Rights’, HRLJ, 1992, p. 307; W. Benedek, ‘The African Charter and Commission
on Human and Peoples’ Rights: How to Make It More Effective’, 14 NQHR, 1993, p. 25;
C. Flinterman and E. Ankumeh, ‘The African Charter on Human and Peoples’ Rights’ in
Hannum,
Guide to International Human Rights Practice
, p. 171; M. A. Baderin, ‘Recent
Developments in the African Regional Human Rights System’, 5
Human Rights Law Re-
view
, 2005, p. 117, and C. Beyani, ‘Recent Developments in the African Human Rights
System 2004–2006’, 7
Human Rights Law Review,
2007, p. 582. See also F. Ouguergouz,
‘La Commission Africaine des Droits de l’Homme et des Peuples’, AFDI, 1989, p. 557; K.
Mbaye,
Les Droits de l’Homme en Afrique
, Paris, 1992, and M. Hamalengwa, C. Flinterman
and E. Dankwa,
The International Law of Human Rights in Africa – Basic Documents and
Annotated Bibliography
, Dordrecht, 1988.
272
See www.achpr.org/english/ratifications/ratification african%20charter.pdf.
392
i n t e r nat i o na l l aw
various peoples’ rights. In this latter category are specifically mentioned
the rights to self-determination, development and a generally satisfactory
environment.
273
The reference to the latter two concepts is unusual in hu-
man rights instruments and it remains to be seen both how they will be
interpreted and how they will be implemented.
One question that is immediately posed with respect to the notion
of ‘peoples’ rights’ is to ascertain the definition of a people. If expe-
rience with the definition of self-determination in the context of the
United Nations is any guide,
274
and bearing in mind the extreme sen-
sitivity which African states have manifested with regard to the stabil-
ity of the existing colonial borders,
275
then the principle is likely to be
interpreted in the sense of independent states. This was confirmed in
the
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