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 qualifies the right to property by allowing states to limit property rights under specific conditions. It does not explicitly require compensation in cases of deprivation or expropriation; however, any encroachment must comply with appropriate laws, which generally include provisions for compensation.
Case Law on Property Rights in Africa
The African Commission on Human and Peoples’ Rights has adjudicated several cases that clarify the scope of Article 14:
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Social and Economic Rights Action Centre (SERAC) and Centre for Economic and Social Rights v. Nigeria (Communication 155/96): The Commission found Nigeria in violation of property rights due to the “wanton destruction of shelter,” reinforcing the view that property rights extend beyond mere ownership to include the right to use and enjoy one’s property.
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Malawi African Association and Others v. Mauritania (Communications 54/91, 61/91, 98/93, 164/97-196/97, and 210/98): The Commission ruled that the confiscation, looting, and destruction of the property of black Mauritanians before their forced exile constituted a violation of their property rights.
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UIDH, FIDH, FADDHO, ONDH, AMDH v. Angola (Communication 159/96): The Commission held that the deportation of non-nationals, which resulted in their separation from property, amounted to a violation of Article 14 of the Charter.
Distinction between the African and European Systems
Unlike Protocol 1 to the European Convention on Human Rights, which guarantees the “peaceful enjoyment” of possessions, the African Charter guarantees the right to “own” and “dispose of” property. Despite this textual difference, case law has extended the interpretation of Article 14 to include the right to peaceful enjoyment of property.
Conclusion
The right to property remains one of the most debated human rights. While international human rights treaties vary in their treatment of this right, regional case law has played a crucial role in shaping its contours. Under the African Charter, Article 14 provides a framework that balances property rights with public interest considerations. However, its interpretation by the African Commission continues to evolve, reflecting broader debates on property, economic justice, and state obligations within human rights law.
