90 PROMOTING AND PROTECTING MINORITY RIGHTS CHAPTER XI THE HUMAN RIGHTS SYSTEM OF THE AFRICAN UNION Summary: The African Charter on Human and Peoples’ Rights is a regional instrument designed to reflect the history, values, traditions and development of peoples in Africa. The Charter combines African values with international norms not only by promoting internationally recognized individual rights, but also by proclaiming collective rights and individual duties. This chapter outlines the rights contained in the Charter that are of particular interest to minorities and describes the work of the Charter’s primary oversight body, the African Commission on Human and Peoples’ Rights. While there is no minority-specific institution within the African human rights system, the Commission has adopted a very broad approach to minority issues. The work of the Commission is complemented by a transitional African Court on Human and Peoples’ Rights, which is to be replaced by the African Court of Justice and Human Rights. The African Union In 2002, the Organization of African Unity, which was established in 1963 as a regional body dedicated primarily to the eradication of colonialism on the continent, became the African Union.99 Almost all 54 States on the African continent are members of the African Union, the single exception being Morocco. The predecessor to the African Union, the Organization of African Unity, was principally concerned with relations between States and the fundamental objectives of preserving State sovereignty, territorial integrity and colonial boundaries. The Constitutive Act of the African Union is much more expansive. One of its objectives is “to promote and protect human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights and other relevant human rights instruments” (art. 3 (h)). Another significant departure from the mandate of the Organization of African Unity is that the African Union has the right to “intervene in a Member State … in respect of grave circumstances, namely war crimes, genocide and crimes against humanity” (art. 4 (h)). The African Charter on Human and Peoples’ Rights The African Charter on Human and Peoples’ Rights, also called the Banjul Charter, was adopted by the African States members of the Organization of African Unity in 1981 and entered into force five years later. It should be noted that the Charter is innovative in comparison with the other regional human rights instruments in placing special emphasis on the rights of “peoples”. Although the Charter does not make specific reference to minorities, its protection of peoples’ rights has been interpreted by the African Commission as according protection to minorities, as discussed below. Additionally, as with other international human rights instruments, there are a number of provisions in the Charter that are of particular significance to members of minority groups. Both individual and peoples’ rights are subject to the general provisions found in articles 1, 2 and 26. Article 1 provides that “The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them”. The Constitutive Act of the African Union was adopted by the Heads of State and Government of the Member States of the Organization of African Unity in July 2000 and entered into force on 26 May 2001. 99