Collections
African Union
African Charter on Human and Peoples’ Rights
- Published
- Commenced on 21 October 1986
- [This is the version of this document at 27 June 1981.]
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
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
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
Article 10
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
Article 13
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
Article 17
Article 18
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
Article 21
Article 22
Article 23
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
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: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
Article 32
The Commission shall not include more than one national of the same state.Article 33
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 States parties to the present Charter.Article 34
Each State party to the present Charter may not nominate more than two candidates. The candidates must have the nationality of one of the States party to the present Charter. When two candidates are nominated by a State, one of them may not be a national of that State.Article 35
Article 36
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.Article 37
Immediately after the first election, the Chairman of the Assembly of Heads of State and Government of the Organization of African Unity shall draw lots to decide the names of those members referred to in Article 36.Article 38
After their election, the members of the Commission shall make a solemn declaration to discharge their duties impartially and faithfully.Article 39
Article 40
Every member of the Commission shall be in office until the date his successor assumes office.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.Article 42
Article 43
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 Organization of African Unity.Article 44
Provision shall be made for the emoluments and allowances of the members of the Commission in the Regular Budget of the Organization of African Unity.Chapter II
Mandate of the Commission
Article 45
The functions of the Commission shall be: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
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
Article 56
Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: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
Article 59
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.Article 63
Part III – General Provisions
Article 64
Article 65
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 its instrument of ratification or adherence.Article 66
Special protocols or agreements may, if necessary, supplement the provisions of the present Charter.Article 67
The Secretary General of the Organization of African Unity shall inform member states of the Organization of the deposit of each instrument of ratification or adherence.Article 68
The present Charter may be amended if a State party makes a written request to that effect to the Secretary General of the Organization of African Unity. The Assembly of Heads of State and Government may only consider the draft amendment after all the States 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 States 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.History of this document
21 October 1986
Commenced
27 June 1981 this version
Consolidation
Country 55 | Signature Date 45 | Ratification Date 54 | Deposit Date 54 |
---|---|---|---|
Kenya | 1992-01-23 | 1992-02-10 | |
Algeria | 1986-04-10 | 1987-03-01 | 1987-03-20 |
Angola | 2012-01-27 | 1990-03-02 | 1990-10-09 |
Benin | 2004-02-11 | 1986-01-20 | 1986-02-25 |
Botswana | 1986-07-17 | 1986-07-22 | |
Burkina Faso | 1984-03-05 | 1984-07-06 | 1984-09-21 |
Burundi | 1989-06-28 | 1989-07-28 | 1989-08-30 |
Cabo Verde | 1986-03-31 | 1987-06-02 | 1987-08-06 |
Cameroon | 1987-07-23 | 1989-06-20 | 1989-09-18 |
Central African Republic | 2003-02-04 | 1986-04-26 | 1986-07-27 |
Chad | 1986-05-29 | 1986-10-09 | 1986-11-11 |
Comoros | 2004-12-07 | 1986-06-01 | 1986-07-18 |
Democratic Republic of the Congo | 1987-07-23 | 1987-07-20 | 1987-07-28 |
Djibouti | 1991-12-20 | 1991-11-11 | 1991-12-20 |
Egypt | 1981-11-16 | 1984-03-20 | 1984-04-03 |
Equatorial Guinea | 1986-08-18 | 1986-04-07 | 1986-08-18 |
Eritrea | 1999-01-14 | 1999-03-15 | |
Eswatini | 1991-12-20 | 1995-09-15 | 1995-10-09 |
Ethiopia | 1998-06-15 | 1998-06-22 | |
Gabon | 1982-02-26 | 1986-02-20 | 1986-06-26 |
Gambia | 1983-02-11 | 1983-06-08 | 1983-06-13 |
Ghana | 2004-07-03 | 1989-01-24 | 1989-03-01 |
Guinea | 1981-12-09 | 1982-02-16 | 1982-05-13 |
Guinea-Bissau | 2005-03-08 | 1985-12-04 | 1986-03-06 |
Ivory Coast | 2005-08-30 | 1992-01-06 | 1992-03-31 |
Lesotho | 1984-03-07 | 1992-02-10 | 1992-02-27 |
Liberia | 1983-01-31 | 1982-08-04 | 1982-12-29 |
Libya | 1985-05-30 | 1986-07-19 | 1987-03-26 |
Madagascar | 1992-03-09 | 1992-03-19 | |
Malawi | 1990-02-23 | 1989-11-17 | 1990-02-23 |
Mali | 1981-11-13 | 1981-12-21 | 1982-01-22 |
Mauritania | 1982-02-25 | 1986-06-14 | 1986-06-26 |
Mauritius | 1992-02-27 | 1992-06-19 | 1992-07-01 |
Morocco | |||
Mozambique | 1989-02-22 | 1990-03-07 | |
Namibia | 1992-07-30 | 1992-09-16 | |
Niger | 1986-07-09 | 1986-07-15 | 1986-07-21 |
Nigeria | 1982-08-31 | 1983-06-22 | 1983-07-22 |
Republic of the Congo | 1981-11-27 | 1982-12-09 | 1983-01-17 |
Rwanda | 1981-11-11 | 1983-07-15 | 1983-07-22 |
Sao Tome and Principe | 2016-01-29 | 1986-05-23 | 1986-07-28 |
Senegal | 1981-09-23 | 1982-08-13 | 1982-10-25 |
Seychelles | 1992-04-13 | 1992-04-30 | |
Sierra Leone | 1981-08-27 | 1983-09-21 | 1984-01-27 |
Somalia | 1982-02-26 | 1985-07-31 | 1986-03-20 |
South Africa | 1996-07-09 | 1996-07-09 | 1996-07-09 |
South Sudan | 2013-01-24 | 2013-10-23 | 2016-05-19 |
Sudan | 1982-09-03 | 1986-02-18 | 1986-03-11 |
Tanzania | 1982-05-31 | 1984-02-18 | 1984-03-09 |
Togo | 1982-02-26 | 1982-11-05 | 1982-11-22 |
Tunisia | 1983-03-16 | 1983-04-22 | |
Uganda | 1986-08-18 | 1986-05-10 | 1986-05-27 |
Western Sahara | 1986-04-10 | 1986-05-02 | 1986-05-23 |
Zambia | 1983-01-17 | 1984-01-10 | 1984-02-02 |
Zimbabwe | 1986-02-20 | 1986-05-30 | 1986-06-12 |