Introduction
Twenty-three years ago on 21 October 1986, the African Charter on Human and Peoples' Rights came into force. Each year on 21 October, Africa commemorates Africa Human Rights Day, a day to reflect and recommit to the solemn undertaking by African leaders and the African continent as a whole to promote and safeguard human rights in Africa. This edition of the Human Rights Bulletin gives an overview of the African Human Rights System and highlights the obligations of state parties under this system.
The African continent has witnessed decades of numerous human rights challenges resulting from a diverse range of factors, which include war, poverty, corruption, autocratic governance and others. It is against this background that member states of the then Organization of African Unity (OAU), solemnly undertook to promote and safeguard freedom, justice, equality and human dignity in Africa by putting in place instruments to enforce these values. The instruments adopted by the OAU for the promotion and protection of human and peoples' rights in Africa form the African Human Rights System and include the following:
- The African Charter on Human and Peoples' Rights
- The Protocol1 to the African Charter on Human and Peoples' Rights of Women in Africa
- The Protocolon the African Court on Human and Peoples' Rights
- African Charter on the Rights and Welfare of the Child
The African Union (AU) has expressed its commitment to promote and protect Human rights in Africa and the pursuit of human rights in Africa is at the centre of its mission. Thus the promotion and protection of human right are regarded as the integral parts of the mandate of all the main organs of the AU, notably, the African Commission on Human and Peoples Rights (ACHPR), Pan African Parliament among others. Furthermore, regional mechanisms such as the SADC Tribunal are other mechanisms that can be used to advance the cause for human rights in Africa.
In line with celebrating Africa Human Rights Day, this bulletin will however focus on the African Charter on Human and Peoples Rights and African Commission on Human and Peoples Rights
Although African political leadership, including that of Zimbabwe, has made commitments to the protection of human rights on the continent, the human rights legacy of the African continent remains in shambles. Many African states have largely been unable to fulfill their duties under the African Human Rights System either due to the lack of political will or the unavailability of resources.