ABSTRACT

This chapter shows that the African Charter underwent a long process of formulation and adoption, which was nonetheless acheived with remarkable speed and consistency, seen in light of the turbulent circumstances on the continent during the years of its genesis. The major breakthrough happened shortly thereafter, in July 1979, when President Senghor moved a resolution, during the Assembly of African Heads of State and Government, that a group of highly qualified experts should be called upon to prepare a preliminary draft of an African Charter on Human and Peoples’ Rights. In addition hereto the United Nations Secretary-General organized a seminar in September 1979, also in Monrovia, where thirty African governments attended, concluding that an African Commission should be established. The African Charter on Human and Peoples’ Rights was formally approved and adopted in toto. The African Charter deals with three of the most common means of acceptance of a treaty, namely signature, ratification and adherence.