Toward the African Court on Human and Peoples' Rights: Better Late Than Never

Abstract

The establishment of an African Court on Human and Peoples' Rights is a landmark development in the field of international human rights law. On June 9, 1998, in Ouagadougou, Burkina Faso, the Assembly of Heads of State and Government of the Organization of African Unity (OAU) adopted a Protocol to the African Charter on Human and Peoples' Rights ("Protocol"). The Protocol, signed by thirty of the fifty-two Member States of the OAU on the same day, establishes an African Court on Human and Peoples' Rights to supplement the existing protections afforded by the African Commission on Human and Peoples' Rights. The text of the Protocol was received with enthusiasm by representatives of African governments attending the meeting and euphoria by the sectors of civil society that have long pressed for, and long awaited, its adoption. The Protocol, the product of the collective efforts of civil society at the national, regional, and international levels, opens the door to more effective human rights protection in the African region. With its adoption, Africa joins the ranks of the European and Inter-American regional human rights systems in providing judicial guarantees at the regional level for the protection of human rights in the continent.