African Charter on
Human and Peoples’
Rights
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African Charter
• One of four regional
human rights agreements
• Adopted 1981; entered
into force 1986
• All 53 African Union
countries are parties
• Incorporates many rights
and guarantees found in
other international human
rights agreements
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African Charter
• Embodies the following:
– Economic, social and cultural
rights
– Peoples’ rights
– Civil and political rights
• Imposes duties and
obligations on States and
individuals
• Provides enforcement
mechanisms
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Economic, Social and Cultural
Rights
• “Traditional” rights:
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Work
Equal pay for equal work
Health
Education
Participation in cultural life
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Economic, Social and Cultural
Rights
• “New” rights not covered by other human
rights agreements:
– To property
– Equal access to public service
– Equal access to public property and services
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Peoples’ Rights
• Unique to African Charter
– Reflects colonial history
• Uncertainty over meaning of
“Peoples”
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Peoples’ Rights
• Self-determination
• To freely dispose of wealth and
natural resources
• To economic, social and cultural
development
• To national and international
peace and security
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Civil and Political Rights
Freedom from Discrimination
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Race
Ethnic group
Color
Sex
Language
Political or other
opinion
• Religion
• National and social
origin
• Fortune
• Birth
• Other status
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Civil and Political Rights
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Equality before the law
Equal protection of the law
Freedom of association and assembly
Freedom of conscience and practice of
religion
• Access to information, express opinions
• Free access to judicial bodies
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Civil and Political Rights
• Participation in government
• Freedom to seek and obtain asylum
• Freedom of movement within country
and to enter/leave own country
• Mass expulsion & slavery prohibited
• Torture, cruel, inhuman or degrading
treatment prohibited
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Civil and Political Rights
• Right to life and
integrity of person
– No arbitrary
deprivation
• Liberty and
security of person
• Freedom from
arbitrary arrest or
detention
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Civil and Political Rights
• Right to fair trial
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Presumed innocent
Present defense, represented by counsel
Within reasonable time
By impartial court or tribunal
• Retroactive application of criminal
law prohibited
• Collective punishment prohibited
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Civil and Political Rights
• Rights may be limited “by law”
– Express opinions
– Association and assembly
– Movement and residence
• No reservations or temporary
suspension
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State Responsibilities &
Obligations
Include:
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Adopt legislation & measures
Protect health & community morals & values
Guarantee independent courts
Promote & educate on human rights
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Individual Responsibilities
Include:
• Due regard for rights of
others
• Do not compromise state
security
• Preserve the family &
positive African cultural
values
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African Commission on
Human and Peoples’ Rights
• Quasi-judicial body
– Promote and protect human/people’s
rights
– Formulate principles and rules
– Receive State, NGO, and individual
complaints of Charter violations
– Resolve complaints amicably or issue
recommendations for resolution
• Recommendations not binding
legally
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African Court on
Human and Peoples’ Rights
• History
– 1998 Protocol entered into force 2004
– Many States not yet party
• Jurisdiction
– Complaints under African Charter and
other human rights agreements ratified
by party State
– NGO & individual complaints only with
State acceptance
• Decisions legally binding
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