The document discusses the African regional human rights system, focusing on Nigeria. It provides background on the establishment of the African Charter on Human and Peoples' Rights in 1981 to protect rights in a way that reflects African experiences. Nigeria ratified the Charter in 1984. The document performs SWOT analyses of the Charter and of Nigeria's National Human Rights Commission, finding strengths in protections but weaknesses in enforcement. It notes opportunities in bridging rights violations and threats from lack of political will. Civil society plays a role in Nigeria. Non-Western partnerships with countries like China may impact the traditional Western-centric world order.

1. The African Regional Human Rights System
African Human Rights Charter
Country of focus: Nigeria
Method of analysis: SWOT (Strengths/Weaknesses/
Opportunity/Threats)

2. Purpose of the Product Presentation;
to explore on the following questions and mapping out the foundational basis of the
Regional Human Rights System of Africa.
• What was the impetus for the establishment of the African Charter on Human
and Peoples’ Rights?
• What makes the Charter unique from other international instruments designed to
protect the human rights of individuals?
• How does the African Commission on Human and Peoples’ Rights fulfill its
mandate in promoting and providing protection for human rights in Nigeria? How
effective is it at doing so?
• In what way is the African Court of Justice and Human Rights being challenged?
• Recommendations & Remedies?

3. History of the African Charter
*To establish human rights mechanism based on the
Historical African unique experiences of decolonization
from the west.
*First conceived in Lagos, Nigeria 1961 at Congress of
African Jurists = attempt failed
*Second President of Senegal, President Senghor has put
the agenda of creating regional human rights mechanism
in Africa in 1979 in Dakar= failed
*Third President of Gambia convened the 1st drafting and
adopted of African charter for this reason African Charter
is also called Banjul charger in 28 June 1981
* It entered into force (EIF) on 21 October 1986

4. Countries in Africa:
55 The number of Int’ recognised states in Africa; Morocco included
56 The number of Int’ recognised states and de facto states if you include
Somaliland (source: https://africacheck.org)
Ratification Map of the African Charter:
States which have Signed & Ratified 53 Green
States that didn't yet signed or ratified 1 Gray (South Sudan)
(source: http://www.achpr.org)
Nigeria South
Sudan
Morocco
Somaliland
KEY FACTS

5. Background of Nigeria and the African Charter:
Recognition for collective rights
Africa
Oil Rich
Country
Nigeria
Independence
from the UK
1900-1960
Civil War
eastern region
and the rest of
the country
1967-1970
Over 300-500
indigenous
groups
Nigeria ratified
African Charter
16 Dec 2004
Nigeria has “A”
status in NHRI
by ICC
Full compliance
with the Paris
Principles westerners
Christians
ICC: International Coordinating
Committee
of National Institutions for the
Promotion
and Protection of Human Rights
Ogoni

6. Ratification of International Human
Rights Instrument
(Instruments)
Domestic Laws
(Instruments)
National Human Rights
Institution (NHRI)
(Institutions)
Judicial
Implementation
(Implementations)
Scope of Civil
Society in
Protection and
Promotion of
Human Rights
(Impacts)
African [Banjul] Charter on Human and
Peoples' Rights *
• Constitution
• National Human
Rights Commission Nigeria
1995
A – Status NHRI
http://www.ohchr.org/
Documents/Countries/NHRI/
Chart_Status_NIs.pdf
Convention Governing the Specific
Aspects of Refugee Problems in Africa
• African Commission on
Human and Peoples’
Rights
Protocol to the African Charter on
Human and Peoples' Rights
the African Charter
on Human and
Peoples’ Rights Act)
• African Court on Human
and Peoples’ Rights
African Charter on the Rights and
Welfare of the Child
• Directive
Principles of State
Policy
• Universal Basic
education Act
2004
• Child rights Act
2003
• Family Courts Watch youtube
Civil Society
participation
International Covenant on Economic,
Social and Cultural Rights (ICCPR)
• Chapter IV of the
1999 Constitution
Nigeria: Anti-LGBT
Law Threatens Basic
Rights
Jan 2014
http://
www.hrw.org/
news/
2014/01/14/
nigeria-anti-
lgbt-law-
threatens-basic-
rights
International Covenant on Civil and
Political Rights (ICESCR)
• Chapter IV of the
1999 Constitution
SEARAC v. Nigeria http://
www.crin.org/
docs/
FileManager/
Summary_of_Ca
ses.pdf
AFRICAN CHARTER: NIGERIA

7. Strength
- Incorporation of CPR and ESC rights
- Individuals complaint is allowed
- The concept of Peoples Rights
- The enforcement machinery including
both African commission and the Court
Weakness
- The lack of implementation and
enforcement of its recommendations
to state parties.
Opportunity
- Bridging the gap of human rights
violation beyond the geo-political
spheres. See next slide.
Threat
- Non-western centric will have their
own share in the world politics and
economy, i.e. Africa alone or Africa +
China (double impact for the none
western-centric balance)
SWOT
Analysis
AFRICAN CHARTER

8. Strength
- Has mandate for human rights
promotion and protection in Section 5
of its enabling Act.
- The Commission has developed a
political action plan to improve the
lives of Nigerian
Weakness
- Poor funding
- Inadequate operational resources
- Lack of Political will regarding
enforcement of its mandate
Opportunity
- Seek for source of funding through
its own oil rich area and focus more
on its peoples lives condition
through the political and economic
plan of actions.
Threat
- Lack of political will results in the
adequacy of its peoples’ live
condition and violation of human
rights without any protection.
SWOT
Analysis
NHRCN: National Human Rights Commissioner Nigeria

9. Published in Jan 2014 by African Independent Television
Source: https://www.youtube.com/watch?v=nwi8Wr7wIjY
Civil Society in Nigeria

10. Non-Western Hegemony Growing Partnership:
China gifts the African Union with a home

11. *

12. References:
* https://africacheck.org
* https://www.youtube.com/watch?v=DnaBJhOrpN0#t=62
* http://www.africamasterweb.com/BiafranWarCauses.html
* https://www.youtube.com/watch?v=nwi8Wr7wIjY
* http://www1.umn.edu/humanrts/research/ratification-
nigeria.html
* http://www1.chr.up.ac.za/chr_old/indigenous/country_reports/
Country_reports_Nigeria.pdf
* http://humanrightsinasean.info