The African Charter on Human and Peoples' Rights (also known as the Banjul Charter) is an
international human rights instrument
International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be clas ...
that is intended to promote and protect
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
and basic freedoms in the
African continent
Africa is the world's second-largest and second-most populous continent, after Asia in both cases. At about 30.3 million km2 (11.7 million square miles) including adjacent islands, it covers 6% of Earth's total surface area ...
.
It emerged under the aegis of the
Organisation of African Unity
The Organisation of African Unity (OAU; french: Organisation de l'unité africaine, OUA) was an intergovernmental organization established on 25 May 1963 in Addis Ababa, Ethiopia, with 32 signatory governments. One of the main heads for OAU's ...
(since replaced by the
African Union
The African Union (AU) is a continental union consisting of 55 member states located on the continent of Africa. The AU was announced in the Sirte Declaration in Sirte, Libya, on 9 September 1999, calling for the establishment of the Africa ...
) which, at its 1979 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
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...
(
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
) and the
Americas
The Americas, which are sometimes collectively called America, are a landmass comprising the totality of North and South America. The Americas make up most of the land in Earth's Western Hemisphere and comprise the New World.
Along with th ...
(
American Convention on Human Rights
The American Convention on Human Rights, also known as the Pact of San José, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into forc ...
). This committee was duly set up, and it produced a draft that was unanimously approved at the OAU's 18th Assembly held in June 1981, in
Nairobi
Nairobi ( ) is the capital and largest city of Kenya. The name is derived from the Maasai phrase ''Enkare Nairobi'', which translates to "place of cool waters", a reference to the Nairobi River which flows through the city. The city proper ha ...
,
Kenya
)
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.
Pursuant to its Article 63 (whereby it was to "come into force three months after the reception by the Secretary General of the instruments of ratification or adherence of a simple majority" of the OAU's member states
), the African Charter on Human and Peoples' Rights came into effect on 21 October 1986– in honour of which 21 October was declared "African Human Rights Day".
Oversight and interpretation of the Charter is the task of the
African Commission on Human and Peoples' Rights
The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial body tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter ...
, which was set up on November 2, 1987 in
Addis Ababa
Addis Ababa (; am, አዲስ አበባ, , new flower ; also known as , lit. "natural spring" in Oromo), is the capital and largest city of Ethiopia. It is also served as major administrative center of the Oromia Region. In the 2007 census, t ...
,
Ethiopia
Ethiopia, , om, Itiyoophiyaa, so, Itoobiya, ti, ኢትዮጵያ, Ítiyop'iya, aa, Itiyoppiya officially the Federal Democratic Republic of Ethiopia, is a landlocked country in the Horn of Africa. It shares borders with Eritrea to the ...
and is now headquartered in
,
Gambia
The Gambia,, ff, Gammbi, ar, غامبيا officially the Republic of The Gambia, is a country in West Africa. It is the smallest country within mainland AfricaHoare, Ben. (2002) ''The Kingfisher A-Z Encyclopedia'', Kingfisher Publicatio ...
. A protocol to the Charter was subsequently adopted in 1998 whereby an
African Court on Human and Peoples' Rights
The African Court on Human and Peoples' Rights, also known simply as the African Court, is an international court established by member states of the African Union (AU) to implement provisions of the African Charter on Human and Peoples' Rights ...
was to be created. The protocol came into effect on 25 January 2004.
In July 2004, the AU Assembly decided that the ACHP would be incorporated into the
African Court of Justice
The Court of Justice of the African Union was originally intended to be the "principal judicial
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of c ...
. In July 2005, the AU Assembly then decided that the ACHP should be operationalised despite the fact that the protocol establishing the African Court of Justice had not yet come into effect. Accordingly, th
Eighth Ordinary Sessionof the Executive Council of the
African Union
The African Union (AU) is a continental union consisting of 55 member states located on the continent of Africa. The AU was announced in the Sirte Declaration in Sirte, Libya, on 9 September 1999, calling for the establishment of the Africa ...
meeting in Khartoum, Sudan, on 22 January 2006, elected the first judges of the
African Court on Human and Peoples' Rights
The African Court on Human and Peoples' Rights, also known simply as the African Court, is an international court established by member states of the African Union (AU) to implement provisions of the African Charter on Human and Peoples' Rights ...
. The relationship between the newly created Court and the commission is yet to be determined.
As of 2019, 53 states have ratified the Charter.
Content
The African Charter on Human and People's Rights includes preamble, 3 parts, 4 chapters, and 63 articles.
The Charter followed the footsteps of the European and Inter-American systems by creating a regional human rights system for Africa. The Charter shares many features with other regional instruments, but also has notable unique characteristics concerning the norms it recognizes and also its supervisory mechanism.
[Christof Heyns, the essentials of...Human Rights, 2005]
The preamble commits to the
elimination of Zionism, which it compares with
colonialism
Colonialism is a practice or policy of control by one people or power over other people or areas, often by establishing colonies and generally with the aim of economic dominance. In the process of colonisation, colonisers may impose their relig ...
and
apartheid
Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was ...
, caused
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
to qualify its 1996 accession with the reservation that the Charter fall in line with the UN's resolutions "regarding the characterization of Zionism."
Norms contained in the Charter
Civil and Political Rights
The Charter recognizes most of what are regarded universally accepted civil and political rights. The civil and political rights recognized in the Charter include the right to
freedom from discrimination The right to freedom from discrimination is internationally recognised as a human right and enshrines the principle of egalitarianism. The right to freedom from discrimination is recognised in the Universal Declaration of Human Rights and enshrined ...
(Article 2 and 18(3)), equality (Article 3), life and personal integrity (Article 4), dignity (Article 5), freedom from slavery (Article 5), freedom from cruel, inhuman or degrading treatment or punishment (Article 5), rights to due process concerning arrest and detention (Article 6), the
right to a fair trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, th ...
(Article 7 and 25),
freedom of religion
Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom ...
(Article 8),
freedom of information and expression (Article 9),
freedom of association
Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membe ...
(Article 10),
freedom of assembly
Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...
(Article 11),
freedom of movement
Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights' ...
(Article 12), freedom to
political participation
Citizen Participation or Public Participation in social science refers to different mechanisms for the public to express opinions—and ideally exert influence—regarding political, economic, management or other social decisions. Participato ...
(Article 13), the
right to property
The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically h ...
(Article 14), and the
right to resist
The right to resist is a nearly universally acknowledged human right, although its scope and content are controversial. The right to resist, depending on how it is defined, can take the form of civil disobedience or armed resistance against a tyra ...
(Article 20).
Some human rights scholars however consider the Charter's coverage of other civil and political rights to be inadequate. For example, the right to privacy or a right against forced or compulsory labour are not explicitly recognised. The provisions concerning fair trial and political participation are considered incomplete by international standards.
Economic, Social and Cultural Rights
The Charter also recognises certain
economic, social and cultural rights
Economic, social and cultural rights, (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Econ ...
, and overall the Charter is considered to place considerable emphasis on these rights. The Charter recognises
right to work
The right to work is the concept that people have a human right to work, or engage in productive employment, and should not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights and recognized i ...
(Article 15), the
right to health
The right to health is the economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international agreements which include the U ...
(Article 16), and the
right to education
The right to education has been recognized as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free, compulsory primary education for ...
(Article 17). Through a decision by the African Commission on Human and Peoples' Rights, SERAC v Nigeria (2001), the Charter is also understood to include a
right to housing
The right to housing (occasionally right to shelter) is the economic, social and cultural right to adequate housing and shelter. It is recognized in some national constitutions and in the Universal Declaration of Human Rights and International ...
and a
right to food
The right to food, and its variations, is a human right protecting the right of people to feed themselves in dignity, implying that sufficient food is available, that people have the means to access it, and that it adequately meets the individual ...
as “implicit” in the Charter, particularly in light of its provisions on the
right to life
The right to life is the belief that a being has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including capital punishment, with some people seeing it as ...
(Art. 4),
right to health
The right to health is the economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international agreements which include the U ...
(Art. 16) and to development (Art. 22).
[Food and Agriculture Organization of the United Nations (2008]
"The Right to Food and Access to Natural Resources"
Rome.
Peoples' Rights and Group Rights
In addition to recognising the individual rights mentioned above the Charter also recognises collective or
group rights
Group rights, also known as collective rights, are rights held by a group '' qua'' a group rather than individually by its members; in contrast, individual rights are rights held by individual people; even if they are group-differentiated, which ...
, or
peoples' rights and
third-generation human rights. As such the Charter recognises group rights to a degree not matched by the European or Inter-American regional human rights instruments. The Charter awards the family protection by the state (Article 18), while "peoples" have the right to equality (Article 19), the
right to self-determination
The right of a people to self-determination is a cardinal principle in modern international law (commonly regarded as a ''jus cogens'' rule), binding, as such, on the United Nations as authoritative interpretation of the Charter's norms. It stat ...
(Article 20), to freely dispose of their wealth and
natural resource
Natural resources are resources that are drawn from nature and used with few modifications. This includes the sources of valued characteristics such as commercial and industrial use, aesthetic value, scientific interest and cultural value. O ...
s (Article 21), the
right to development
The right to development is a human right that recognizes every human right for constant improvement of well-being.
History
The right was first recognized in 1981 in Article 22 of the African Charter on Human and Peoples' Rights as a definitive ...
(Article 22), the right to peace and security (Article 23) and "a generally satisfactory
environment
Environment most often refers to:
__NOTOC__
* Natural environment, all living and non-living things occurring naturally
* Biophysical environment, the physical and biological factors along with their chemical interactions that affect an organism or ...
" (Article 24).
Duties
The Charter not only awards rights to individuals and peoples, but also includes
duties
A duty (from "due" meaning "that which is owing"; fro, deu, did, past participle of ''devoir''; la, debere, debitum, whence "debt") is a commitment or expectation to perform some action in general or if certain circumstances arise. A duty may ...
incumbent upon them. These duties are contained in Article 29 and are as follows:
* The duty to preserve the harmonious development of the family.
* To serve the national community by placing both physical and intellectual abilities at its service.
* Not to compromise the security of the State.
* To preserve and strengthen social and national solidarity.
* To preserve and strengthen national independence and the territorial integrity of one's country and to contribute to its defence.
* To work to the best of one's abilities and competence and to pay taxes in the interest of society.
* To preserve and strengthen positive African cultural values and in general to contribute to the promotion of the moral
well-being
Well-being, or wellbeing, also known as wellness, prudential value or quality of life, refers to what is intrinsically valuable relative ''to'' someone. So the well-being of a person is what is ultimately good ''for'' this person, what is in th ...
of society.
* To contribute to the best of one's abilities to the promotion and achievement of African unity.
See also
*
African Charter on the Rights and Welfare of the Child The African Charter on the Rights and Welfare of the Child (also called the ACRWC or Children's Charter) was adopted by the Organisation of African Unity (OAU) in 1990 (in 2001, the OAU legally became the African Union) and was entered into force in ...
*
African Court on Human and Peoples' Rights
The African Court on Human and Peoples' Rights, also known simply as the African Court, is an international court established by member states of the African Union (AU) to implement provisions of the African Charter on Human and Peoples' Rights ...
*
African Union
The African Union (AU) is a continental union consisting of 55 member states located on the continent of Africa. The AU was announced in the Sirte Declaration in Sirte, Libya, on 9 September 1999, calling for the establishment of the Africa ...
*
International human rights law
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, ag ...
*
Maputo Protocol
The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, better known as the Maputo Protocol, is an international human rights instrument established by the African Union that went into effect in 2005. I ...
*
List of Linguistic Rights in Constitutions (Africa)
Linguistic rights in Africa are stated in constitutions which differ by country. These constitutions usually state the national language(s) and/or official language(s), and may or may not explicitly allow for other languages in the country. Most o ...
*
Linguistic rights
Linguistic rights are the human and civil rights concerning the individual and collective right to choose the language or languages for communication in a private or public atmosphere. Other parameters for analyzing linguistic rights include the ...
*
United Nations General Assembly Resolution 3379
United Nations General Assembly Resolution 3379, adopted on 10 November 1975 by a vote of 72 to 35 (with 32 abstentions), "determine that Zionism is a form of racism and racial discrimination". It was revoked in 1991 with UN General Assembly R ...
References
External links
African Charter on Human and Peoples' RightsAfrican Commission on Human and Peoples' RightsDecisions of the Sixth Ordinary Session of the Executive Council
{{Authority control
African Union
Human rights instruments
African Union treaties
Treaties concluded in 1981
Treaties entered into force in 1986
Treaties of Algeria
Treaties of the People's Republic of Angola
Treaties of the People's Republic of Benin
Treaties of Botswana
Treaties of Burkina Faso
Treaties of Burundi
Treaties of Cameroon
Treaties of Cape Verde
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Treaties of Ivory Coast
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1981 in the Gambia
African human rights system