Peoples’ Right to a Nationality human and peoples’ rights in Africa, or rather, a collectivity of mechanisms enforcing and protecting the rights of the African people. 18 It is the normative framework and architecture that exists in the promotion and protection of human and peoples’ rights on the continent both under the OAU and its successor AU. 19 The instruments established under the OAU-led African human rights system include the OAU Convention on Specific Aspects Governing Refugees in Africa, the 1981 Banjul Charter, and the 1990 African Charter on the Rights and Welfare of the Child. Under the AU, new instruments were added, which include the 2003 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (‘Protocol on the Rights of Women in Africa’), the 2008 Protocol on the Statute of the African Court of Justice and Human Rights (‘Protocol on the African Court of Justice’), the 2009 African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (‘Kampala Convention’), and the 2018 AU Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa (‘Protocol on the Rights of Persons with Disabilities in Africa’). 20 The mechanisms and institutions responsible for the enforcement of these continental human rights instruments include the African Commission on Human and Peoples Rights established in 1987, the African Committee of Experts on the Rights and the Welfare of the Child established in 2001, and the African Court on Human and Peoples’ Rights (‘the Court’) established in 2004. It also includes the AU Secretariat for the Development of African International Law in Arusha, and the African Commission on International Law in Addis Ababa, Ethiopia. Historically, one can trace the origin of the African human rights system to the 1979 OAU Summit in Monrovia when the Organisation took the lead in galvanising people of influence, emminent jurists, civil society organisations and the International Court of Justice to redress widespread human rights abuses across African states. Through its Assembly Resolution 115(XVI) of July 1979, the OAU created a Committee of Experts headed by Senegalese jurist, Keba M’baye, to draft a Human Rights Charter as well as its promotion and protection mechanisms. It is against this backdrop that the Banjul Charter was established as an indigenous African instrument to safeguard, protect and promote fundemental civil, political, economic, cultural and social rights at individual and collective levels. 21 18 19 20 21 Ingange-wa-Ingange, ‘The African Human Rights System: Challenges and Prospects’ (n 13) 16. Vincent O Nmehielle, ‘Development of the African Human Rights System in the Last Decade’ (2004) 11(3) Human Rights Brief 1. Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, opened for signature 1 July 2003, OAU Doc CAB/LEG/66.6 (entered into force 25 November 2005) (‘Protocol on the Rights of Women in Africa); Protocol on the Statute of the African Court of Justice and Human Rights, opened for signature on 1 July 2008 (not yet in force) (‘Protocol on the African Court of Justice’); African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa, opened for signature 23 October 2009 (entered into force 6 December 2012) (‘Kampala Convention’); Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa, opened for signature 29 January 2018 (not yet in force) (‘Protocol on the Rights of Persons with Disabilities in Africa’). Assembly of the African Union, Resolution on the Preparation of a Preliminary Draft on An African Charter on Human and Peoples’ Rights Providing, Inter Alia, for the Establishment of Bodies to Promote and Protect Human and Peoples’ Rights, Doc No AGH/Res115(XVI), 16th ord sess, 17–20 July 1979 called on the Secretary-General of the OAU to: 37