The Enforcement of Human Rights Under the 1981 African Charter on Human and Peoples’ Rights (The Banjul Charter)

Abstract

The reinforcement of human rights ensures stronger protection mechanisms and accountability for violations. It also enhances compliance with legal frameworks, fostering dignity, justice, and equality for all. The article examines the enforcement of human rights under the 1981 African Charter on Human and Peoples’ Rights (Banjul Charter). The study uses a qualitative research methodology, employing primary data sources principally from the African Charter on Human and Peoples’ Rights 1981, the 1998 Protocol to the African Charter on Human and Peoples’ Rights, the 1948 Universal Declaration of Human Rights and a plethora of others. Secondary data comes from journal articles, newspapers, textbooks, internet sources, and reports. This study is anchored by the natural law theory, and the triple-pronged theory. The finding in this study reveals that regardless of the marginal success in the enforcement human rights under the Banjul Charter by key enforcement institutions like the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights, more effort is needed as most states have been reluctant and lukewarm in complying with the provisions of the Charter. And as a corollary, it is incumbent to strengthen AU-oversight of state compliance, enhance domestication of Charter obligations in national law, protect or restore direct access under Article 34(6) of the Protocol, the need for a replacement of claw-back clauses with non-derogatory clauses, and the need to strengthen the reporting system.