The African Charter on Human Peoples’ Rights is the region’s major human rights tool and emerged under the guidance of the Organization of African Unity (OAU). The objective to describe the African Charter on Human and Peoples’ Rights was announced in 1979 and the OAU Assembly 1981 approved the deed unanimously. Pursuant of Article 63 the African Charter on Human and People’s Rights came into existence on 21st of October 1986.
This is the reason 21st October is celebrated as African Human Rights Day. The ACHPR is also known as the Banjul charter. It is a worldwide human rights tool that is projected to protect and promote human rights as well as basic liberty in the African continent. A protocol to the charter was accepted later in 1998, where an African Court on Human and Peoples’ Rights (ACHPR) was to be formed. The protocol came into force on January 25, 2005.
The African Union Assembly resolute that the ACHP would be included in the African Court of Justice in July 2004.The ACHP followed the route of the European and Inter-American systems by adopting a provincial human rights system for Africa. The African Commission Human and Peoples’ Rights (ACHPR) is a semi- judicial limb of the AU and its objective is to promote and protect human rights and combined rights throughout the African Continent as well as to describe the African Charter on Human and peoples’ Rights.
It has 3 wide areas of responsibilities:
- Promote human and peoples’ rights.
- Protect human and peoples’ rights.
- Infer the African Charter on Human and Peoples’ Rights.
In search of these goals, the ACHPR is mandated under Article 45 of the charter, to "gather documents, carry out studies and researches on African troubles in the turf of human and peoples’ rights, organize symposia, seminars and conferences, circulate information, persuade national and local institutions apprehensive with human and peoples' rights and, give its views or compose recommendations to the Governments".
The ACHPR will have added task to prepare cases for giving in to the court’s jurisdiction with the creation of the African Court on Human and Peoples’ Rights. The AU assembly resolved in the Future Court on Human and Peoples’ Rights would be incorporated with the African Court of justice.
The Court of Justice of the African Union is anticipated to be the Principal Judicial Organ of the Union. Although it has not so far been established, it is anticipated to acquire the duties of the African Commission on Human and Peoples' Rights, and act as the Supreme Court of the African Union, interpret all essential laws and treaties. The Protocol setting up the African Court on Human and Peoples' Rights came into force in January 2004 but its inclusion with the Court of Justice has deferred its establishment. Norms contained in the charter: are economic social and cultural rights and Peoples' Rights and Group Rights.
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