Preamble
The African States members of the Organization of African Unity, parties to
the present convention entitled "African Charter on Human and Peoples' Rights",
Recalling Decision 115 (XVI) of the Assembly of Heads of State and Government
at its Sixteenth Ordinary Session held in Monrovia, Liberia, from 17 to 20 July
1979 on the preparation of a "preliminary draft on an African Charter on Human
and Peoples' Rights providing inter alia for the establishment of bodies to
promote and protect human and peoples' rights";
Considering the Charter of the Organization of African Unity, which stipulates
that "freedom, equality, justice and dignity are essential objectives for the
achievement of the legitimate aspirations of the African peoples";
Reaffirming the pledge they solemnly made in Article 2 of the said Charter to
eradicate all forms of colonialism from Africa, to coordinate and intensify
their cooperation and efforts to achieve a better life for the peoples of Africa
and to promote international cooperation having due regard to the Charter of the
United Nations and the Universal Declaration of Human Rights;
Taking into consideration the virtues of their historical tradition and the
values of African civilization which should inspire and characterize their
reflection on the concept of human and peoples' rights;
Recognizing on the one hand, that fundamental human rights stem from the
attributes of human beings which justifies their national and international
protection and on the other hand that the reality and respect of peoples rights
should necessarily guarantee human rights;
Considering that the enjoyment of rights and freedoms also implies the
performance of duties on the part of everyone;
Convinced that it is henceforth essential to pay a particular attention to
the right to development and that civil and political rights cannot be
dissociated from economic, social and cultural rights in their conception as
well as universality and that the satisfaction of economic, social and cultural
rights ia a guarantee for the enjoyment of civil and political rights;
Conscious of their duty to achieve the total liberation of Africa, the
peoples of which are still struggling for their dignity and genuine
independence, and undertaking to eliminate colonialism, neo-colonialism,
apartheid, zionism and to dismantle aggressive foreign military bases and all
forms of discrimination, particularly those based on race, ethnic group, color,
sex. language, religion or political opinions;
Reaffirming their adherence to the principles of human and peoples' rights
and freedoms contained in the declarations, conventions and other instrument
adopted by the Organization of African Unity, the Movement of Non-Aligned
Countries and the United Nations;
Firmly convinced of their duty to promote and protect human and people'
rights and freedoms taking into account the importance traditionally attached to
these rights and freedoms in Africa;
Have agreed as follows:
Part I: Rights and Duties
Chapter I -- Human and Peoples' Rights
Article 1
The Member States of the Organization of African Unity parties to the present
Charter shall recognize the rights, duties and freedoms enshrined in this
Chapter and shall undertake to adopt legislative or other measures to give
effect to them.
Article 2
Every individual shall be entitled to the enjoyment of the rights and
freedoms recognized and guaranteed in the present Charter without distinction of
any kind such as race, ethnic group, color, sex, language, religion, political
or any other opinion, national and social origin, fortune, birth or other
status.
Article 3
1. Every individual shall be equal before the law. 2. Every individual shall
be entitled to equal protection of the law.
Article 4
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.
Article 5
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.
Article 6
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.
Article 7
1. Every individual shall have the right to have his cause heard. This
comprises: (a) the right to an appeal to competent national organs against acts
of violating his fundamental rights as recognized and guaranteed by conventions,
laws, regulations and customs in force; (b) the right to be presumed innocent
until proved guilty by a competent court or tribunal; (c) the right to defence,
including the right to be defended by counsel of his choice; (d) the right to be
tried within a reasonable time by an impartial court or tribunal. 2. No one may
be condemned for an act or omission which did not constitute a legally
punishable offence at the time it was committed. No penalty may be inflicted for
an offence for which no provision was made at the time it was committed.
Punishment is personal and can be imposed only on the offender.
Article 8
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.
Article 9
1. Every individual shall have the right to receive information. 2. Every
individual shall have the right to express and disseminate his opinions within
the law.
Article 10
1. Every individual shall have the right to free association provided that he
abides by the law. 2. Subject to the obligation of solidarity provided for in 29
no one may be compelled to join an association.
Article 11
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.
Article 12
1. Every individual shall have the right to freedom of movement and residence
within the borders of a State provided he abides by the law. 2. 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. 3. Every individual shall have the right, when persecuted, to seek and
obtain asylum in other countries in accordance with laws of those countries and
international conventions. 4. A non-national legally admitted in a territory of
a State Party to the present Charter, may only be expelled from it by virtue of
a decision taken in accordance with the law. 5. The mass expulsion of
non-nationals shall be prohibited. Mass expulsion shall be that which is aimed
at national, racial, ethnic or religious groups.
Article 13
1. Every citizen shall have the right to participate freely in the government
of his country, either directly or through freely chosen representatives in
accordance with the provisions of the law. 2. Every citizen shall have the right
of equal access to the public service of his country. 3. Every individual shall
have the right of access to public property and services in strict equality of
all persons before the law.
Article 14
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.
Article 15
Every individual shall have the right to work under equitable and
satisfactory conditions, and shall receive equal pay for equal work.
Article 16
1. Every individual shall have the right to enjoy the best attainable state
of physical and mental health. 2. States Parties to the present Charter shall
take the necessary measures to protect the health of their people and to ensure
that they receive medical attention when they are sick.
Article 17
1. Every individual shall have the right to education. 2. Every individual
may freely, take part in the cultural life of his community. 3. The promotion
and protection of morals and traditional values recognized by the community
shall be the duty of the State.
Article 18
1. The family shall be the natural unit and basis of society. It shall be
protected by the State which shall take care of its physical health and moral.
2. The State shall have the duty to assist the family which is the custodian of
morals and traditional values recognized by the community.
3. The State shall ensure the elimination of every discrimination against women
and also ensure the protection of the rights of the woman and the child as
stipulated in international declarations and conventions.
4. The aged and the disabled shall also have the right to special measures of
protection in keeping with their physical or moral needs.
Article 19
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.
Article 20
1. All peoples shall have the right to existence. They shall have the
unquestionable and inalienable right to self- determination. They shall freely
determine their political status and shall pursue their economic and social
development according to the policy they have freely chosen.
2. Colonized or oppressed peoples shall have the right to free themselves from
the bonds of domination by resorting to any means recognized by the
international community.
3. All peoples shall have the right to the assistance of the States parties to
the present Charter in their liberation struggle against foreign domination, be
it political, economic or cultural.
Article 21
1. All peoples shall freely dispose of their wealth and natural resources.
This right shall be exercised in the exclusive interest of the people. In no
case shall a people be deprived of it. 2. In case of spoliation the dispossessed
people shall have the right to the lawful recovery of its property as well as to
an adequate compensation. 3. The free disposal of wealth and natural resources
shall be exercised without prejudice to the obligation of promoting
international economic cooperation based on mutual respect, equitable exchange
and the principles of international law. 4. States parties to the present
Charter shall individually and collectively exercise the right to free disposal
of their wealth and natural resources with a view to strengthening African unity
and solidarity. 5. States parties to the present Charter shall undertake to
eliminate all forms of foreign economic exploitation particularly that practiced
by international monopolies so as to enable their peoples to fully benefit from
the advantages derived from their national resources.
Article 22
1. All peoples shall have the right to their economic, social and cultural
development with due regard to their freedom and identity and in the equal
enjoyment of the common heritage of mankind. 2. States shall have the duty,
individually or collectively, to ensure the exercise of the right to
development.
Article 23
1. All peoples shall have the right to national and international peace and
security. The principles of solidarity and friendly relations implicitly
affirmed by the Charter of the United Nations and reaffirmed by that of the
Organization of African Unity shall govern relations between States. 2. For the
purpose of strengthening peace, solidarity and friendly relations, States
parties to the present Charter shall ensure that: (a) any individual enjoying
the right of asylum under 12 of the present Charter shall not engage in
subversive activities against his country of origin or any other State party to
the present Charter; (b) their territories shall not be used as bases for
subversive or terrorist activities against the people of any other State party
to the present Charter.
Article 24
All peoples shall have the right to a general satisfactory environment
favorable to their development.
Article 25
States 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.
Article 26
States 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.
Chapter II -- Duties
Article 27
1. Every individual shall have duties towards his family and society, the
State and other legally recognized communities and the international community.
2. The rights and freedoms of each individual shall be exercised with due regard
to the rights of others, collective security, morality and common interest.
Article 28
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.
Article 29
The individual shall also have the duty: 1. to preserve the harmonious
development of the family and to work for the cohesion and respect of the
family; to respect his parents at all times, to maintain them in case of need;
2. To serve his national community by placing his physical and intellectual
abilities at its service; 3. Not to compromise the security of the State whose
national or resident he is; 4. To preserve and strengthen social and national
solidarity, particularly when the latter is threatened; 5. To preserve and
strengthen the national independence and the territorial integrity of his
country and to contribute to its defence in accordance with the law; 6. To work
to the best of his abilities and competence, and to pay taxes imposed by law in
the interest of the society; 7. to preserve and strengthen positive African
cultural values in his relations with other members of the society, in the
spirit of tolerance, dialogue and consultation and, in general, to contribute to
the promotion of the moral well being of society; 8. To contribute to the best
of his abilities, at all times and at all levels, to the promotion and
achievement of African unity.
Part II: Measures of Safeguard
Chapter I -- Establishment and Organization of the African Commission on
Human and Peoples' Rights
Article 30
An African Commission on Human and Peoples' Rights, hereinafter called "the
Commission", shall be established within the Organization of African Unity to
promote human and peoples' rights and ensure their protection in Africa.
Article 31
1. The Commission shall consist of eleven members chosen from amongst African
personalities of the highest reputation, known for their high morality,
integrity, impartiality and competence in matters of human and peoples' rights;
particular consideration being given to persons having legal experience.
2. The members of the Commission shall serve in their personal capacity. . . .
Article 41
The Secretary-General of the Organization of African Unity shall appoint the
Secretary of the Commission. He shall also provide the staff and services
necessary for the effective discharge of the duties of the Commission. The
Organization of African Unity shall bear the costs of the staff and services. .
. .
Chapter II -- Mandate of the Commission
Article 45
The functions of the Commission shall be:
1. To promote Human and Peoples' Rights and in particular:
(a) to collect documents, undertake studies and researches on African problems
in the field of human and peoples' rights, organize seminars, symposia and
conferences, disseminate information, encourage national and local institutions
concerned with human and peoples' rights, and should the case arise, give its
views or make recommendations to Governments.
(b) to formulate and lay down, principles and rules aimed at solving legal
problems relating to human and peoples' rights and fundamental freedoms upon
which African Governments may base their legislations.
(c) co-operate with other African and international institutions concerned with
the promotion and protection of human and peoples' rights.
2. Ensure the protection of human and peoples' rights under conditions laid down
by the present Charter.
3. Interpret all the provisions of the present Charter at the request of a State
party, an institution of the OAU or an African Organization recognized by the
OAU.
4. Perform any other tasks which may be entrusted to it by the Assembly of Heads
of State and Government.
Chapter III -- Procedure of the Commission
Article 46
The Commission may resort to any appropriate method of investigation; it may
hear from the Secretary General of the Organization of African Unity or any
other person capable of enlightening it.
Communication From States
Article 47
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. This communication shall also be addressed to the Secretary General of
the OAU and to the Chairman of the Commission. 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.
Article 48
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.
Article 49
Notwithstanding the provisions of 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 Organization of African Unity
and the State concerned.
Article 50
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.
Article 51
1. The Commission may ask the States concerned to provide it with all
relevant information.
2. When the Commission is considering the matter, States concerned may be
represented before it and submit written or oral representation.
Article 52
After having obtained from the States concerned and from other sources all
the information it deems necessary and after having tried all appropriate means
to reach an amicable solution based on the respect of Human and Peoples' Rights,
the Commission shall prepare, within a reasonable period of time from the
notification referred to in 48, a report stating the facts and its findings.
This report shall be sent to the States concerned and communicated to the
Assembly of Heads of State and Government.
Article 53
While transmitting its report, the Commission may make to the Assembly of
Heads of State and Government such recommendations as it deems useful.
Article 54
The Commission shall submit to each ordinary Session of the Assembly of Heads
of State and Government a report on its activities.
Other Communications
Article 55
1. Before each Session, the Secretary of the Commission shall make a list of
the communications other than those of States parties to the present Charter and
transmit them to the members of the Commission, who shall indicate which
communications should be considered by the Commission.
2. A communication shall be considered by the Commission if a simple majority of
its members so decide.
Article 56
Communications relating to human and peoples' rights referred to in 55
received by the Commission, shall be considered if they:
1. Indicate their authors even if the latter request anonymity,
2. Are compatible with the Charter of the Organization of African Unity or with
the present Charter,
3. Are not written in disparaging or insulting language directed against the
State concerned and its institutions or to the Organization of African Unity,
4. Are not based exclusively on news discriminated through the mass media,
5. Are sent after exhausting local remedies, if any, unless it is obvious that
this procedure is unduly prolonged,
6. Are submitted within a reasonable period from the time local remedies are
exhausted or from the date the Commission is seized of the matter, and
7. Do not deal with cases which have been settled by these States involved in
accordance with the principles of the Charter of the United Nations, or the
Charter of the Organization of African Unity or the provisions of the present
Charter.
Article 57
Prior to any substantive consideration, all communications shall be brought
to the knowledge of the State concerned by the Chairman of the Commission.
Article 58
1. When it appears after deliberations of the Commission that one or more
communications apparently relate to special cases which reveal the existence of
a series of serious or massive violations of human and peoples' rights, the
Commission shall draw the attention of the Assembly of Heads of State and
Government to these special cases.
2. The Assembly of Heads of State and Government may then request the Commission
to undertake an in-depth study of these cases and make a factual report,
accompanied by its findings and recommendations.
3. A case of emergency duly noticed by the Commission shall be submitted by the
latter to the Chairman of the Assembly of Heads of State and Government who may
request an in-depth study.
Article 59
1. All measures taken within the provisions of the present Chapter shall
remain confidential until such a time as the Assembly of Heads of State and
Government shall otherwise decide. . . .
2. The report on the activities of the Commission shall be published by its
Chairman after it has been considered by the Assembly of Heads of State and
Government.
Chapter IV -- Applicable Principles
Article 60
The Commission shall draw inspiration from international law on human and
peoples' rights, particularly from the provisions of various African instruments
on human and peoples' rights, the Charter of the United Nations, the Charter of
the Organization of African Unity, the Universal Declaration of Human Rights,
other instruments adopted by the United Nations and by African countries in the
field of human and peoples' rights as well as from the provisions of various
instruments adopted within the Specialized Agencies of the United Nations of
which the parties to the present Charter are members.
Article 61
The Commission shall also take into consideration, as subsidiary measures to
determine the principles of law, other general or special international
conventions, laying down rules expressly recognized by member states of the
Organization of African Unity, African practices consistent with international
norms on human and people's rights, customs generally accepted as law, general
principles of law recognized by African states as well as legal precedents and
doctrine.
Article 62
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 recognized and
guaranteed by the present Charter. . . .
