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 Periodical article |
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| Title: | The peoples' rights under the African Charter on Human and Peoples' Rights |
| Author: | Fanana, 'Neile Alina 'Matsoana |
| Year: | 1997 |
| Periodical: | Lesotho Law Journal: A Journal of Law and Development |
| Volume: | 10 |
| Issue: | 1 |
| Pages: | 37-56 |
| Language: | English |
| Geographic term: | Africa |
| Subjects: | ethnic groups African agreements nation human rights African Charter on Human and Peoples' Rights |
| Abstract: | The African Charter on Human and Peoples' Rights, otherwise known as the Banjul Charter, is the only regional document on human rights which explicitly mentions collective rights under the concept of 'peoples' rights'. Most of the 'peoples' rights' under the Banjul Charter are a restatement of human rights which have already been expressed in a number of international conventions. The important question is not what these rights connote, but how they are to be implemented in Africa. The question likely to arise in this respect relates to the identification of 'a people' or 'peoples', the beneficiaries of these rights. The present article attempts to define the 'selves' or 'peoples', using the right of self-determination. The main argument is that every people, whether living in a dependent or independent situation, are beneficiaries of a right of self-determination and that this is so, notwithstanding the form this right may take. African States have a legal duty both under the OAU Charter and the Banjul Charter to uphold 'peoples' rights'. Where the rights of self-determination and the right of States to sovereignty and territorial integrity conflict, the primary consideration should be whether the State in question respects the human rights and fundamental freedoms of its different peoples in individual and aggregate form. Notes, ref. |