Reflections About the African Court on Human and Peoples’ Rights Twenty Years After the Ouagadougou Protocol

Abstract

This chapter analyses the functioning of the African Court on Human and Peoples’ Rights, established by the Ouagadougou Protocol of 1998, its position within the Organization of African Unity and the African Union and its role in the consolidation of a proper African human rights system. The hard-won independences of African countries from colonialism dramatically influenced African politics and shaped the OAU. While considering the Ouagadougou Protocol as a milestone, the chapter examines the history of African human rights politics, starting with the preliminary discussions on the necessity to create an African human rights treaty and African judicial institutions, which took place after the founding of the OAU. The chapter reflects upon the political struggles which have shaped the Ouagadougou protocol and might determine its future.