African charter on human and peoples rights pdf
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- African Charter on Human and Peoples' Rights
- Human Rights Law Research Guide
- AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS
- African Commission on Human and Peoples' Rights
The function of the African Commission will be outlined as well as the roles and relationship between the institutions that aid in the implementation of the Charter.
The African Charter on Human and Peoples' Rights also known as the Banjul Charter is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent. It emerged under the aegis of the Organisation of African Unity since replaced by the African Union which, at its Assembly of Heads of State and Government, adopted a resolution calling for the creation of a committee of experts to draft a continent-wide human rights instrument, similar to those that already existed in Europe European Convention on Human Rights and the Americas American Convention on Human Rights. This committee was duly set up, and it produced a draft that was unanimously approved at the OAU's 18th Assembly held in June , in Nairobi , Kenya. Oversight and interpretation of the Charter is the task of the African Commission on Human and Peoples' Rights , which was set up on November 2, in Addis Ababa , Ethiopia and is now headquartered in Banjul , Gambia.
African Charter on Human and Peoples' Rights
Part I: Rights and Duties. Chapter I: Human and Peoples' Rights. Article 1: Obligations of Member States. Article 2: Right to Freedom from Discrimination. Article 4: Right to Life. Article 7: Right to Fair Trial. Article 8: Right to Freedom of Conscience.
Article Right to Freedom of Association. Article Right to Freedom of Assembly. Article Right to Freedom of Movement. Article Right to Participate in Government. Article Right to Property.
Article Right to Work. Article Right to Health. Article Right to Education. Article Protection of the Family and Vulnerable Groups. Article Right to Self-Determination. Article Right to a General Satisfactory Environment. Article Duty to Promote Human Rights. Article Duty to Guarantee Independence of Courts. Chapter II: Duties.
Article Part II: Measures of Safeguard. Chapter II: Mandate of the Commission. Chapter IV: Applicable Principles. The Member States of the Organisation of African Unity, parties to the present Charter shall recognise the rights, duties and freedoms enshrined in the Charter and shall undertake to adopt legislative or other measures to give effect to them.
Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or any status. Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person.
No one may be arbitrarily deprived of this right. Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man, particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited. Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law.
In particular, no one may be arbitrarily arrested or detained. Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms. Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law, in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.
Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.
Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work. All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.
All peoples shall have the right to a general satisfactory environment favourable to their development. State Parties to the present Charter shall have the duty to promote and ensure through teaching, education and publication, the respect of the rights and freedoms contained in the present Charter and to see to it that these freedoms and rights as well as corresponding obligations and duties are understood.
State Parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter. Every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance.
The individual shall also have the duty:. The Commission shall not include more than one national of the same State. The members of the Commission shall be elected by secret ballot by the Assembly of Heads of State and Government, from a list of persons nominated by the State Parties to the present Charter. Each State Party to the present Charter may not nominate more than two candidates. The candidates must have the nationality of one of the State Parties to the present Charter.
When two candidates are nominated by a State, one of them may not be a national of that State. The members of the Commission shall be elected for a six year period and shall be eligible for re-election. However, the term of office of four of the members elected at the first election shall terminate after two years and the term of office of three others, at the end of four years.
Immediately after the first election, the Chairman of the Assembly of Heads of State and Government of the Organisation of African Unity shall draw lots to decide the names of those members referred to in Article After their election, the members of the Commission shall make a solemn declaration to discharge their duties impartially and faithfully.
Every member of the Commission shall be in office until the date his successor assumes office. He shall provide the staff and services necessary for the effective discharge of the duties of the Commission. The Organisation of African Unity shall bear cost of the staff and services. In discharging their duties, members of the Commission shall enjoy diplomatic privileges and immunities provided for in the General Convention on the Privileges and Immunities of the Organisation of African Unity.
Provision shall be made for the emoluments and allowances of the members of the Commission in the Regular Budget of the Organisation of African Unity. The functions of the Commission shall be:. The Commission may resort to any appropriate method of investigation; it may hear from the Secretary General of the Organisation of African Unity or any other person capable of enlightening it.
If a State Party to the present Charter has good reasons to believe that another State Party to this Charter has violated the provisions of the Charter, it may draw, by written communication, the attention of that State to the matter. Within three months of the receipt of the Communication, the State to which the Communication is addressed shall give the enquiring State, written explanation or statement elucidating the matter. This should include as much as possible, relevant information relating to the laws and rules of procedure applied and applicable and the redress already given or course of action available.
If within three months from the date on which the original communication is received by the State to which it is addressed, the issue is not settled to the satisfaction of the two States involved through bilateral negotiation or by any other peaceful procedure, either State shall have the right to submit the matter to the Commission through the Chairman and shall notify the other States involved. Notwithstanding the provisions of Article 47, if a State Party to the present Charter considers that another State Party has violated the provisions of the Charter, it may refer the matter directly to the Commission by addressing a communication to the Chairman, to the Secretary General of the Organisation of African unity and the State concerned.
The Commission can only deal with a matter submitted to it after making sure that all local remedies, if they exist, have been exhausted, unless it is obvious to the Commission that the procedure of achieving these remedies would be unduly prolonged.
While transmitting its report, the Commission may make to the Assembly of Heads of State and Government such recommendations as it deems useful. Prior to any substantive consideration, all communications shall be brought to the knowledge of the State concerned by the Chairman of the Commission.
Each State Party shall undertake to submit every two years, from the date the present Charter comes into force, a report on the legislative or other measures taken, with a view to giving effect to the rights and freedoms recognised and guaranteed by the present Charter. For each of the States that will ratify or adhere to the present Charter after its coming into force, the Charter shall take effect three months after the date of the deposit by that State of the instrument of ratification or adherence.
Special protocols or agreements may, if necessary, supplement the provisions of the present Charter. The Secretary General of the Organisation of African Unity shall inform members of the Organisation of the deposit of each instrument of ratification or adherence. The present Charter may be amended if a State Party makes a written request to that effect to the Secretary General of the Organisation of African Unity. The Assembly of Heads of State and Government may only consider the draft amendment after all the State Parties have been duly informed of it and the Commission has given its opinion on it at the request of the sponsoring State.
The amendment shall be approved by a simple majority of the State Parties. It shall come into force for each State which has accepted it in accordance with its constitutional procedure three months after the Secretary General has received notice of the acceptance. Adopted by the eighteenth Assembly of Heads of State and Government,. June - Nairobi, Kenya. Having considered the African Charter on Human and Peoples' Rights, the Arab Republic of Egypt signed the said Charter on 16 November and attached hereto is the following instrument of ratification:.
Having accepted all the provisions of the African Charter on Human and Peoples' Rights with the approval of the People's Assembly and with the reservation that article 8 and paragraph 3 of article 8 and paragraph 3 of article 18 be implemented in accordance with the Islamic Law and that, as far as the Arab Republic of Egypt is concerned, the provision of the first paragraph of article 9 should be [confined] to such information as could be obtained within the limits of the Egyptian laws and regulations;.
We hereby declare acceptance and ratification of the said Charter. While acceding to the African Charter on Human and Peoples' Rights it is the view of the Republic of South Africa that there should be consultation between States parties to the Charter, inter alia, to:.
Explanation: The purpose of this reservation is to exclude any claim for the right to use by all citizens of all public property other than as fairly established. Explanation: This is to avoid calling on the Chairman, who is after all a Head of State, carrying out the rather menial exercise of drawing lots.
It being understood that the Secretary-General of the Organisation of African Unity would draw such lots. Explanation:- In the interest of early universal ratification of the Charter by the Organisation of African Unity Countries and also since all Heads of State of the OAU will together tackle the problems of administering or enforcing the Charter including, where necessary, criticising fellow Heads of State who are proved to have violated the Charter, all members of the OAU should carry some responsibility, under the Charter, for the state of human and peoples' rights in their respective countries.
The African Charter on Human and Peoples' Rights also known as the Banjul Charter is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent. Oversight and interpretation of the Charter is the task of the African Commission on Human and Peoples' Rights, which was set up in and is now headquartered in Banjul, Gambia.
A protocol to the Charter was subsequently adopted in whereby an African Court on Human and Peoples' Rights was to be created. The protocol came into effect on 25 January The African Charter helped to steer Africa from the age of human wrongs into a new age of human rights. It opened up Africa to supra-national accountability.
Human Rights Law Research Guide
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Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without.
AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS
This event marked a major achievement. However, before entering into force, the Protocol required ratification in fifteen member countries Article On 26 October , Togo became the fifteenth country to ratify and deposit the Protocol before the Commission of the African Union. The Protocol entered into force a month later on 25 November
The Charter has become the reference instrument for all other documents related to the promotion and protection of human rights on the African continent. Article 56 5 of ACHPR notably requires litigants to exhaust all local remedies before their cases can be heard before the Commission and the Court. The Court requires States to accede to its jurisdiction by first making a declaration pursuant to Article 34 6 of its Protocol.
In , the first eleven judges of the Court were elected and sworn in. All judges, except the President of the Court, serve on a part-time basis. Learn more about the African Commission, which is tasked with promoting and protecting human rights by interpreting the African Charter and considering individual complaints. Learn more about the East African Court of Justice, which hears cases on violations of the rule of law, one of the fundamental and operational principles set out in the East African Community Treaty.
The African Union AU is an inter-governmental organization established in Currently all 55 independent nations located on the African continent, or on islands offshore, are AU member states. In addition to promoting human rights and democracy, the AU's stated objectives include protecting the sovereignty, territorial integrity, and independence of its member states; fostering regional economic development and integration; and maintaining peace and stability on the African continent.
African Commission on Human and Peoples' Rights
Part I: Rights and Duties. Chapter I: Human and Peoples' Rights. Article 1: Obligations of Member States. Article 2: Right to Freedom from Discrimination. Article 4: Right to Life.
Realizing Human Rights pp Cite as. Unable to display preview. Download preview PDF. Skip to main content.
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African Charter on Human and Peoples' Rights. Share: Date of Adoption: June 01, Date of last signature: May 19, Date entry into force: October