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.
The right to national and international peace and security is a fundamental principle enshrined in both the African Charter on Human and Peoples’ Rights (African Charter) and the Charter of the United Nations (UN Charter). These instruments emphasize the principles of solidarity, friendly relations, non-intervention, and peaceful dispute resolution as the cornerstones of international relations.
The Legal Framework under the African Charter
Article 23 of the African Charter provides as follows:
-
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.
-
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 Article 12 of the present Charter shall not engage in subversive activities against their 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.
This article mirrors the principles outlined in Article 1 of the UN Charter, which mandates the maintenance of international peace and security and the promotion of friendly relations among nations.
The Role of the African Commission on Human and Peoples’ Rights
The African Commission on Human and Peoples’ Rights (the Commission) is tasked with upholding the right to peace and security under Article 23. This responsibility aligns with the UN Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States, which states:
“No State or group of States has the right to intervene directly or indirectly, for any reason whatsoever, in the internal or external affairs of any other State… No State shall organize, assist, foment, finance, incite, or tolerate subversive, terrorist, or armed activities directed towards the violent overthrow of the regime of another State or interfere in civil strife in another State.”
By reinforcing these principles, the Commission ensures that African States adhere to international legal norms regarding peace, security, and non-interference.
Case Law and Precedents
Communication 227/99: Democratic Republic of Congo v. Burundi, Rwanda, and Uganda
In this case, the Commission ruled that the respondent States violated the right to national and international peace and security by engaging in military interventions and destabilizing activities within the Democratic Republic of Congo. The Commission reaffirmed that Article 23 obliges States to uphold the principles of non-intervention and peaceful coexistence.
Communication 266/03: Kevin Mgwanga Gunme et al. v. Cameroon
The Commission held that the complainants failed to substantiate allegations of violations under Article 23(1). This decision highlighted the burden of proof required when alleging violations of the right to peace and security.
Communication 157/96: Association pour la Sauvegarde de la Paix au Burundi v. Kenya, Uganda, Rwanda, Tanzania, Zaire (DRC), Zambia
The Commission determined that the respondent States had not violated Article 23 by providing shelter to alleged terrorists fighting against Burundi. This ruling emphasized the necessity of clear and convincing evidence when accusing States of harboring subversive elements.
Conclusion
The right to national and international peace and security is essential for the stability and development of nations. Article 23 of the African Charter, in conjunction with international legal frameworks, reinforces the duty of States to prevent subversive and terrorist activities within their territories. Through its jurisprudence, the African Commission has played a crucial role in interpreting and enforcing this right, ensuring that States adhere to their obligations under international law.
