The Charter mandates member states to recognise the rights, duties and freedoms enshrined in the Charter and to adopt legislative and other measures to give effect to the rights. It also prohibits discrimination and guarantees every individual the enjoyment of the rights and freedoms in the Charter. It is different from all regional and universal instruments in that it recognises ‘peoples' as the beneficiaries of ‘third generation' rights, such as the rights to peace and development. It also confidently provides links between civil and political rights and economic, social and cultural rights, individual and collective rights and the rights and duties of the individual.

However, the lack of substantial engagement with the Charter and other regional instruments by the South African government, which acceded to the Charter in 1996, and by non-governmental organisations means that our own legal system is not sufficently enriched by the instruments. It also means that we are often not aware of the possiblity of legal recourse to sub-regional and regional legal fora, and that we are not fulfilling our potential as a leader in the promotion of human rights and democratisation on the continent. This lack of engagement possibly arises out of the fact that that we have relatively effective domestic instruments.

South Africa has much to offer and to gain from greater engagement with the African regional human rights system. On Africa Human Rights Day, it is appropriate to celebrate successes such as the ratification of the Charter, but also to reflect upon the human rights challenges that Africa continues to face.

In other developments, the Speaker of the National Assembly has been requested to table a multi-party motion in the House on 21 October acknowledging the significance of Africa Human Rights day.