Editorial
This is the first volume of the African Human Rights Yearbook. Of the
three regional human rights systems, the African is the youngest. The
publication of this Yearbook marks a point at which the African
regional human rights system has attained a certain level of maturity.
Bringing together contributions related to the three institutions making
up the African human rights system, the Yearbook also reflects a
system that has become more and more cohesive. The Yearbook aims
to be a forum for analytical reflection on all aspects of the system.
Of the three siblings in the African human rights family, the African
Commission on Human and Peoples’ Rights (African Commission) is
the eldest. The date 2 November 2017 marks 30 years since its
inauguration, in 1987. Initially meeting in Addis Ababa, its seat was
subsequently established in Banjul, the Gambia, where it is still located.
One of the reasons for the choice of the Gambia, namely, the democratic
culture symbolised by President Jawara, fell away when he (President
Jawara) was unseated forcibly by military might in 1994. The
undemocratic rule of his successor (President Jammeh) led to
persistent calls that the seat of the Commission should be moved away
from Banjul. However, Jammeh was voted out, and eventually stood
down, making way for a return to democratic governance under
President Barrow in 2017. This era holds the promise of Banjul yet
again becoming the beacon of human rights in Africa, as it was at the
time when the African Charter was drafted, and the African Charter was
named the ‘Banjul’ Charter.
Described by many initial commentators as a document designed to
fail, in the hands of successive members of the African Commission, the
African Charter on Human and Peoples’ Rights (African Charter) came
to be interpreted purposively and progressively. Some of the
Commission’s greatest advances and contributions lie in the
improvements in the state reporting system, which now consistently
culminates in comprehensive and insightful Concluding Observations;
its initiative to establish an array of relevant and influential special
mechanisms; the vast improvements over time in the dissemination of
relevant information; the normative expansion of the Charter through
Resolutions, General Comments and other soft law standards; and the
quality and innovation of its jurisprudence in a number of trend-setting
communications. The Commission was also instrumental in the
adoption of the Protocol to the African Charter on the Rights of Women
in Africa (African Women’s Rights Protocol).
A number of contributions in the Yearbook deal with the normative
expansions by the African Commission and other aspects of its
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