The African Charter on Human and Peoples’ Rights, also known as the Banjul Charter, is a regional human rights instrument adopted by the member states of the Organization of African Unity (OAU), now known as the African Union (AU). The charter was adopted on June 27, 1981, in Banjul, Gambia, and entered into force on October 21, 1986.
The Charter is designed to promote and protect human rights and fundamental freedoms on the African continent. It encompasses a wide range of civil, political, economic, social, and cultural rights. Additionally, the Charter introduces the concept of “peoples’ rights,” which emphasizes collective or group rights in addition to individual rights.
Some key features of the African Charter on Human and Peoples’ Rights include the provision for peoples rights along with individual rights. Additionally, the African Charter is unique in comparison to other regional human rights instruments, in that it provides for duties incumbent on individuals.
The Charter establishes the African Commission on Human and Peoples’ Rights, which is responsible for monitoring the implementation of the Charter, receiving complaints, and promoting human rights in Africa.
States parties to the African Charter are required to submit periodic reports on the measures they have taken to implement the provisions of the Charter. The African Court on Human and Peoples’ Rights, established later, provides a forum for individuals and NGOs to bring cases before the court when they have exhausted domestic remedies.
The African Charter on Human and Peoples’ Rights represents a significant step in the promotion and protection of human rights within the African continent.
The African Charter on Human and Peoples’ Rights, also known as the Banjul Charter, contains a comprehensive Bill of Rights that outlines the fundamental rights and freedoms to be protected for individuals and peoples on the African continent. Here are some key provisions of the Bill of Rights in the African Charter:
Article 1: Obligations Under the African Charter on Human and Peoples’ Rights The Member States of the Organisation of African Unity parties to the present Charter shall recognize the rights, duties, and freedoms enshrined in this Charter and shall undertake
“Every individual shall be entitled to the enjoyment of the rights and freedom recognised and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national
Article 3 1. Every individual shall be equal before the law. 2. Every individual shall be entitled to equal protection of the law. The right to equality is fundamental to every human being and is provided for in numerous international,
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. The right to life is foundational and without
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,
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
“(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 violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs
Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be subjected to measures restricting the exercise of these freedoms. Under article 8, freedom of conscience encapsulates freedom of religion,
“(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 9(1) Article 9(1) of the African Charter on Human and Peoples’ Rights (African
(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 Article 29 no one may be compelled to join an association. The right
RIGHT TO FREELY ASSEMBLE under ARTICLE 11 OF THE AFRICAN CHARTER The right to freedom of peaceful assembly is the right to gather publicly or privately and collectively express, promote, pursue and defend common interests. It is an essential part
The supremacy of the bill of rights contained in national legislations (constitutions, specifically) over any other provision cannot be over emphasized. Realizing and acknowledging that human rights are universal, indivisible and inalienable, there are certain rights which are pivotal to
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.” This provision
Right to work is a very important human right that places a positive obligation on states to provide, within certain limits, job opportunities for individuals. Article 23 of the Universal Declaration of Human Rights guarantees to everyone; the right to
ANALYSIS OF ARTICLE 16 (1) OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS INTRODUCTION Perhaps the people in all communities that face the most stereotype, discrimination, and abuse (physical, emotional and mental) are those that are naturally endowed
In the article, A Theory of Equality Before the Law, published in The Economic Journal, Volume 131, Issue 636, May 2021, Pages 1429–1465, the erudite authors stated about equality before the law in the following words: “the notion of equality
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
The African Charter on Human and Peoples’ Rights (the African Charter) is one of among the few legal instruments in which the right to property (Article 14) is distinctly separated from the right to freely dispose of one’s wealth and
Article 22: 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. States shall have the duty, individually
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
