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 or 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. . . . 3. 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. . . .