A new book entitled “The Law of the African (Banjul) Charter on Human and People’s Rights” has been recently published by the Honourable Justice Hassan B. Jallow, Prosecutor of the International Criminal Tribunal for Rwanda.  This is the third book of the author and is a pan African book which deals with one of the most challenging issues facing our continent, enforcing and promoting respect for human rights in Africa.

The book traces the historical, political and legal consultations mandated by the Organisation of African Unity in the late seventies for the drafting of the Charter which is now synonymous with the Gambian capital Banjul, because it was finally concluded in Banjul and adopted by the Heads of States in Nairobi, Kenya in 1981. The author further expounds on the input of the experts group that drafted this important instrument including himself, and he therefore had a first hand knowledge of what went into the final document more than 25 years ago. It is also against this background that the book focuses on the cases which have arisen from alleged violations of the Charter by individual and institutional complainants in various African countries for consideration by the African Commission since its inception.

The diverse nature of cases dealt with by this commission is also the subject of much discussion and expert analysis in this book especially in the light of challenges faced by Africans in securing remedies from domestic courts and tribunals. The varying standards of respect for human rights have further prompted the setting up of the African Court of Justice in Arusha, Tanzania by the successor organisation of the OAU, the African Union. This book further initiates the debate on the need for adjudication and development of third generation rights under the Charter such as, the right to education health, shelter and safe environment and control of natural resources by people who are directly affected by its exploitation.

The challenges facing Africans generally in the enjoyment of the first generation rights such as fundamental rights to freedom of association, movement and expression have also been extensively dealt with in this book in addition to the technical impediments which we face in some domestic jurisdiction in enforcing the provisions of the Charter on Human and People’s rights. In that regard, this book also will serve as a foundational text for increased awareness in advocating for the greater understanding of the Charter and the mechanisms and procedures for bringing complaints before the Commission or ultimately before the Court of Justice in appropriate cases. It therefore addresses a lingering problem which has been echoed from several concerned individuals and institutions about the lack of awareness of the Charter in most parts of the continent.

This book is particularly recommended for an in-depth understanding of the African Charter on Human and People’s Rights. It will stimulate further debates on the present and future enjoyment of the first, second and third generation rights in Africa, a continent which is certainly more challenged in the overall enjoyment of human rights and humanitarian law. All legal practitioners, students of law and jurisprudence, human rights advocates, individuals and concerned NGOs should find it a useful publication.

The book is available at www.trafford.com and by email order from orders@trafford.com . This book is necessary reading for all those concerned with and about human rights in Africa and beyond.