2021 Statelessness & Citizenship Review 3(1) The Banjul Charter was a human rights document built on political compromise at the peak of Cold War politics in the continent. It was therefore a compromise between the states advocating people-centred socialist systems with collective and solidarity rights on the one hand, and the liberal African countries advocating individual rights, on the other. 22 It was also a compromise among the OAU political priorities at the time, based on principles such as the respect for sovereignty, non-interference in the internal affairs of member states, independence and self-determination, and the total liberation of Africa through the fight against colonialism and racist regimes. 23 The Charter has the distinction of being the only international instrument to provide a detailed exposition of the rights of peoples, which is spelt out in arts 19– 24. Although it does not define the concept of peoples, it lists out the following rights and entilements to be enjoyed as peoples’ rights, namely, the right of all peoples to equality (art 19); the right to existence and self-determination (art 20); the right to dispose freely of wealth and natural resources (art 21); the right to economic, social and cultural development (art 22); the right to national and international security (art 23), and the right to a general satisfactory environment (art 24). 24 Some scholars have justified the rationale for the emergence of peoples’ rights in the African human rights system. For instance, Maurice Glélé-Ahanhanzo holds that the concept of ‘people’ was the expression of the African struggle for independence, which was peoples’ struggle. 25 Pierre-Francois Gonidec argues that the Charter’s affirmation of peoples’ rights was a logical continuation of the OAU’s support to national liberation movements, which represented the oppressed African people. 26 He makes the distinction between ‘external self-determination’ and ‘internal self-determination’ in which a people can enjoy within the contours of its national boundaries. He finally argues that ‘Peoples’ in the Banjul Charter refers to citizens of a state, those endowed with the political right to vote in accordance with art 13(1) of the Banjul Charter. Advocate of ‘internal selfdetermination’, UO Umozurike goes further to include the right of minorities to self-determination, with respect to state sovereignty and territorial integrity. 27 Keba M’baye also argues that peoples’ rights may be understood as a modern 22 23 24 25 26 27 (a) Draw the attention of Member States to certain international conventions whose ratification would held to strengthen Africa’s struggle against certain scourge, especially apartheid and racial discrimination, trade imbalance and mercenaryism; (b) organise as soon as possible, in an African capital, a restricted meeting of highly qualified exerts to prepare a preliminary draft of a ‘African Charter on Human and Peoples’ Rights’ providing, inter alia, for the establishment of bodies to promote and protect human and peoples’ rights. See generally Emmanuel Wonyu, ‘Un support juridique pour la protection la démocratie en Afrique: La Charte Africaine des Droits de l’Homme et des Peuples’ (1992) 8 Afrique 2000: Revue africaine de politique internationale 29 (copy on hand with the author). ibid. See Banjul Charter (n 7). See generally Maurice Glélé-Ahanhanzo, ‘Introduction à la Charte Africaine des Droits de l’Homme et des Peuples’ in C A Colliard (ed) Droit et libertés à la fin du XXe siècle: influence des données économiques et technologiques: Études Offertes (Pedone 1984) 511 (copy on hand with the author). See Pierre-François Gonidec, ‘La Charte Africaine des Droits de l’Homme et des Peuples’ (1983) 209–10 Le Mois en Afrique 22. See U O Umozurike, ‘The African Charter on Human and Peoples’ Rights’ (1983) 77(4) American Journal of International Law 902–12. 38