The Law of the African (Banjul) Charter on Human and People's Rights

About the Book

One of the most remakrable developments of modern time has been the growth of a universal concern for the promotion of human rights. The rights of man anywhere are now, more than ever before, the convern of man everywhere.

This concern has also given rise to a comprehensive body of human rights law, some of it universal, some regional. The African continent has made its own contribution to this process through the elaboration and adoption of the African Charter on Human and People's Rights. This book discusses the process and the issues involved in the drafting of that Charter and surveys the jurisprudence developed by the comission established under the Charter in respect of the rights guaranteed under that instrument. The survey covers the civil and political rights, the economic, social and cultural rights as well as the third gerneration rights such as the right to development, a satisfactory environment and to national and international peace and security. The status of the Charter in municipal legal systems as well as some of its unique features, such as the lack of a derogation clause and the concept of individual duties, are also covered by the survey.

This work is an authoritative and welcome survey of the African contribution to the international law of human rights by one who, from his association with human rights and governance issues within Africa, the commonwealth and wider afield, the United Nations system, is particularly well placed to deal with the subject.

The work is necessary reading for anyone who wishes to be familiar with the subject.

About the Author

Justice Hassan B. Jallow served as Solicitor General (1982-84) and Attorney general and Minister of Justice of the Gambia (1994-95). He was elevated to the Supreme Court of The Gambia (1998-2002). Justice Jallow served as a judge in the Appeals chamber of the United Nations special court for Sierra Leone and as a judge As Litem of the International Criminal Tribunal for the former Yugoslavia (ICTY).

Throughout his career- both as a Law officer and as a Judicial Officer, Justice Jallow has been involved in human rights and governance issues in Africa, within the Commonwealth and the United Nations system. He was a member of the restricted group of experts convened by the OAU to prepare a preliminary draft African Charter on Human and People's Rights. He thereafter participated at all stages of the drafting and adoption of the Charter as well as in the establishment of the Commission set up to oversee the implementation of the Charter by the states parties.

His previous publications include "The Law of Evidence in The Gambia" (EXCAF Publishers, Dakar, Senegal, 1998) and "Law, Justice and Governance: Selected Papers" (EXCAF Publishers, Dakar, Senegal, 1998).

In 2003, Justice Jallow was appointed by the United Nations Security Council as the Chief Prosecutor of the United Nations International Criminal Tribunal for Rwanda (ICTR).