African peoples and international law

African Peoples and International Law Valerie Muguoh CHİATOH What has been and is the status of African Peoples in international law? The relationship that African peoples have had with international law since before colonialism is an object-subject, rejection-acceptance, observer-player, relationship. Before and during colonialism, Europeans' relationship with African states was outside the confines of international law. International law was for civilised Christian European states and peoples of European origins. Since Africans were not Christians and not whites, they were uncivilised and could not understand the concept of sovereignty. This European International Law erased pre-colonial African states, and African peoples were only objects of this law. The Covenant of the League of Nations, through the Mandate system guaranteed Africans a limited status within European International Law as Africans became a Sacred Trust of Civilisation. With the United Nations' Charter, African peoples became subjects of the now universalised European international law. The objective of this new law was the self-determination of all peoples. African peoples could now "revive their sovereignty" previously erased by European International Law. However, they simply inherited the colonial state that was formed through artificial borders. The new post-colonial state at independence adopted the Uti Posidetis principle thus certifying the artificialness of the territories of the new African states that brought different peoples together. The African human rights system guarantees group or peoples' rights because of the various groups and peoples that make up African states. However, the concept of peoples remains controversial in international law and even in the African system because it is not defined. African human rights institutions have given various meanings to the concept of peoples so as to make their group rights more effective. Despite this innovative nature of the African human rights system, the right to self-determination remains controversial because of the believe in some quarters that Self-determination ended at independence and also because of the Organisation of African Unity's founding principles: independence, non-interference and the territorial integrity of its member states. Key Words: International Law; African Peoples; Self-Determination; Groups Rights; African Charter on Human and Peoples' Rights.