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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 Organisation 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 co-ordinate
and intensify their co-operation and efforts to achieve a better
life for the peoples of Africa and to promote international co-operation
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 civilisation which should inspire and characterise
their reflection on the concept of human and peoples' rights;
Recognising
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
1: RIGHTS AND DUTIES
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 practised 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 favourable 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.
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.
Measures of Safeguard
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. . . .
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.
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 recognised by member
states of the Organisation of African Unity, African practices
consistent with international norms on human and people's rights,
customs generally accepted as law, general principles of law recognised
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 recognised and guaranteed by the present Charter.
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