1. African Charter on Human and Peoples’ Rights Defense Institute of International Legal Studies Regional Defense Combating Terrorism Fellowship Program

2. 2 I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement Introduction: Module Objectives Participants will be able to list the rights available under the African Charter Participants will be able to list the responsibilities expected under the African Charter Participants will be able to describe the relevant enforcement approaches

3. I.Introduction: 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 I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

4. 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 I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement I.Introduction: African Charter

5. II.Economic, Social, and Cultural Rights “Traditional” rights: Work Equal pay for equal work Health Education Participation in cultural life 5 I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

6. “New” rights not covered by other human rights agreements: To property Equal access to public service Equal access to public property and services 6 II.Economic, Social, and Cultural Rights I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

7. III. Peoples’ Rights Unique to African Charter Reflects colonial history Uncertainty over meaning of “Peoples” 7 I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

8. III. 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 I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

9. IV. Civil and Political Rights Freedom from discrimination based on: Race Ethnic group Color Sex Language Political or other opinion 9 I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

10. IV. Civil and Political Rights Religion National and social origin Fortune Birth Other status 10 I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

11. IV. 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 11 I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

12. IV. 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 and slavery prohibited Torture, cruel, inhuman or degrading treatment prohibited 12 I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

13. IV. 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 13 I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

14. IV. 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 14 I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

15. IV. Civil and Political Rights Rights may be limited “by law” Express opinions Association and assembly Movement and residence No reservations or temporary suspension 15 I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

16. Include: Adopt legislation and measures Protect health and community morals and values Guarantee independent courts Promote and educate on human rights 16 V. State Responsibilities and Obligations I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

17. VI. Individual Responsibilities Include: Due regard for rights of others Do not compromise state security Preserve the family and positive African cultural values 17 I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

18. Quasi-judicial body Promote and protect human/people’s rights Formulate principles and rules Receive State, NGO, and individual complaints of Charter violations 18 VII. African Commission on Human and Peoples’ Rights I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

19. VII. African Commission on Human and Peoples’ Rights Resolve complaints amicably or issue recommendations for resolution Recommendations not binding legally 19 I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

20. VII. African Court on Human and Peoples’ Rights History 1998 Protocol entered into force 2004 Many States not yet party 20 I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

21. Jurisdiction Complaints under African Charter and other human rights agreements ratified by party State NGO and individual complaints only with State acceptance Decisions legally binding 21 VII. African Court on Human and Peoples’ Rights I.Introduction II.Economic, Social and Cultural Rights III. Peoples’ Rights IV. Civil and Political Rights V.State Responsibilities VI. Individual Responsibilities VII. Enforcement

22. African Charter on Human and Peoples’ Rights Defense Institute of International Legal Studies Regional Defense Combating Terrorism Fellowship Program