Where is the African Charter? Assessing the impact of the African Charter on Human and Peoples’ Rights in Mauritius

Abstract

The African Charter on Human and Peoples’ Rights is turning 30 since its adoption. The Charter is also soon turning to its 20 in Mauritius since ratification. The Charter indeed has been hailed for its unique normative content and aspired to be a beacon of human rights in the Continent which has attracted the attention of academicians as well as experts in the field of human rights. The Charter has undoubtedly affected domestic systems through the promotional and protective mandates exercised by the African Commission. How much the Charter has actually influenced domestic human rights practices however, has not yet formed much of the available literature. More so, Mauritius being a party to the Charter for nearly two decades has not enjoyed the attention of writers on the African Charter. Not much is known as to the interactions of Mauritius with the African system which calls for investigation of how much the Charter has influenced the domestic system for two decades long. Beyond formidable normative content, the success of a human rights system depends on the impact it exerts on domestic systems through shaping the behaviours, actions and practice of domestic institutions. Such reflection is therefore, important to gauge the impact of the African Charter and profile its future towards success. This study attempts to enlighten the impact of the African Charter in Mauritius by embarking on examination of the practices of domestic institutions and actors offering unexploited area to ponder critically.