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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:– 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 RightsFreedom from Discrimination

• 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• 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– 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:• 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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