In an attempt to reassert the relevance of international human rights law in contemporary urban contexts, this article considers the extent to which the provisions of the African Charter on Human and Peoples’ Rights lend themselves to fruitful application in African cities, appropriation by African cities and the development of rights to African cities. The article ultimately argues that, despite the rural inclinations of its drafting context, certain textual shortcomings and the existence of major political hurdles to its effective implementation, the African Charter, as interpreted and applied by the African Commission and African Court on Human and Peoples’ Rights, is well-placed for the regional human rights system’s adaptation to the urban age.

The judgment in Houngue Éric Noudehouenou v. Republic of Benin adds to the growing body of human rights jurisprudence on national electoral processes in Africa's international courts. Houngue Noudehouenou's (Houngue) case was sparked by a series of amendments to the 1990 Constitution of the Republic of Benin (Benin), Law No. 2019-40 (Revised Constitution), and changes to Benin's electoral law (para. 1). Houngue argued that the cumulative effect of the amendments violated his right to stand for election in the upcoming 2021 presidential election as an independent candidate, as well as his right to freedom of expression and freedom of association.

The African Charter on Democracy, Elections and Governance requires state parties to establish and strengthen democratic institutions, the rule of law, human rights and independent electoral systems. However, the extent to which these provisions can be invoked by individuals and non-governmental organizations before a court of law is uncertain. It is also unclear whether such provisions guarantee “stand-alone” individual rights and as such whether the charter could be considered to be a human rights instrument. This article seeks to analyse whether the charter is a human rights instrument, as well as examining its justiciability in light of the decision of the African Court on Human and Peoples’ Rights in APDH v Côte d'Ivoire. The analysis highlights the court's decision affirming that the charter is a human rights instrument and that individuals and non-governmental organizations can file cases in a court of law seeking its enforcement.