THE AFRICAN HUMAN RIGHTS SYSTEM A Critical Evaluation

1 THE AFRICAN HUMAN RIGHTS SYSTEM A Critical Evaluation Makau Mutua* I. Introduction The regional AFRICAN HUMAN RIGHTS SYSTEM is based on the AFRICAN Charter on HUMAN and Peoples RIGHTS (the AFRICAN or Banjul Charter),1 which entered into force on October 21, 1986, upon ratification by a simple majority of member states of the Organization of AFRICAN Unity (OAU).2 In June 1998, the OAU adopted the Protocol to the AFRICAN Charter on HUMAN and Peoples' RIGHTS on the Establishment of an AFRICAN Court on HUMAN and Peoples' The AFRICAN HUMAN RIGHTS Court is intended to complement4 the AFRICAN Commission on HUMAN and Peoples' RIGHTS , *Professor of Law, State University of New York at Buffalo Law School; Director, HUMAN RIGHTS Center, SUNY Buffalo; Chair, Kenya HUMAN RIGHTS Commission; , (1987), Harvard Law School.

Africa's colonial legacy, one author notes that the "[m]ost obvious and powerful expressions of the continued African conceptual reliance on European political forms are the African . 3 Although the Banjul Charter makes a significant contribution to the

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  Human, Africa, Rights, African, Colonial, African human rights

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