Reinforcing the African System of Human Rights: The Protocol on the Establishment of a Regional Court of Human and Peoples’ Rights

Abstract

In 1988 the Organisation of African Unity adopted a Protocol top the African Charter on Human and Peoples’ Rights establishing an African Court on Human and Peoples’ Rights. This development addresses one of the fundamental flaws in the institutional system for the protection of human rights in Africa since the Charter entered into force in 1986. The article analyses the provisions of the Protocol from a legal perspective and draws comparisons with other regional human rights judicial organs. The conclusion is reached that in principle the Court does not on the whole compare unfavourably with its European and American counterparts. It can only be hoped that when the Protocol is ratified and comes into force that the Court will be an effective guarantor of human rights in a continent that has been wrecked by abusive state behaviour.