1 African Charter on Human and Peoples’ Rights

2 African Charter One of four regional human rights agreements Adopted 1981; entered into force 1986 All 53 African Union countries are parties Incorporates many rights and guarantees found in other international human rights agreements

3 African Charter Embodies the following: –Economic, social and cultural rights –Peoples’ rights –Civil and political rights Imposes duties and obligations on States and individuals Provides enforcement mechanisms

4 Economic, Social and Cultural Rights “Traditional” rights: –Work –Equal pay for equal work –Health –Education –Participation in cultural life

5 Economic, Social and Cultural Rights “New” rights not covered by other human rights agreements: –To property –Equal access to public service –Equal access to public property and services

6 Peoples’ Rights Unique to African Charter –Reflects colonial history Uncertainty over meaning of “Peoples”

7 Peoples’ Rights Self-determination To freely dispose of wealth and natural resources To economic, social and cultural development To national and international peace and security

8 Civil and Political Rights Freedom from Discrimination Race Ethnic group Color Sex Language Political or other opinion Religion National and social origin Fortune Birth Other status

9 Civil and Political Rights Equality before the law Equal protection of the law Freedom of association and assembly Freedom of conscience and practice of religion Access to information, express opinions Free access to judicial bodies

10 Civil and Political Rights Participation in government Freedom to seek and obtain asylum Freedom of movement within country and to enter/leave own country Mass expulsion & slavery prohibited Torture, cruel, inhuman or degrading treatment prohibited

11 Civil and Political Rights Right to life and integrity of person –No arbitrary deprivation Liberty and security of person Freedom from arbitrary arrest or detention

12 Civil and Political Rights Right to fair trial –Presumed innocent –Present defense, represented by counsel –Within reasonable time –By impartial court or tribunal Retroactive application of criminal law prohibited Collective punishment prohibited

13 Civil and Political Rights Rights may be limited “by law” –Express opinions –Association and assembly –Movement and residence No reservations or temporary suspension

14 State Responsibilities & Obligations Include: Adopt legislation & measures Protect health & community morals & values Guarantee independent courts Promote & educate on human rights

15 Individual Responsibilities Include: Due regard for rights of others Do not compromise state security Preserve the family & positive African cultural values

16 African Commission on Human and Peoples’ Rights Quasi-judicial body –Promote and protect human/people’s rights –Formulate principles and rules –Receive State, NGO, and individual complaints of Charter violations –Resolve complaints amicably or issue recommendations for resolution Recommendations not binding legally

17 African Court on Human and Peoples’ Rights History –1998 Protocol entered into force 2004 –Many States not yet party Jurisdiction –Complaints under African Charter and other human rights agreements ratified by party State –NGO & individual complaints only with State acceptance Decisions legally binding

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