African Charter on Human and Peoples’ Rights

Defense Institute of International Legal Studies

Regional Defense Combating Terrorism Fellowship Program

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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 relevantenforcement approaches

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 agreements3

I. Introduction

II. Economic, Social and Cultural Rights

III. Peoples’ Rights

IV. Civil and Political Rights

V. State Responsibilities

VI. Individual Responsibilities

VII. Enforcement

• 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

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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

II. Economic, Social, and Cultural Rights

• “Traditional” rights:

• Work

• Equal pay for equal work

• Health

• Education

• Participation in cultural life

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I. Introduction

II. Economic, Social and Cultural Rights

III. Peoples’ Rights

IV. Civil and Political Rights

V. State Responsibilities

VI. Individual Responsibilities

VII. Enforcement

• “New” rights not covered by other human rights agreements:

• To property

• Equal access to public service

• Equal access to public property and services

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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

III. Peoples’ Rights

• Unique to African Charter

• Reflects colonial history

• Uncertainty over meaning of “Peoples”

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I. Introduction

II. Economic, Social and Cultural Rights

III. Peoples’ Rights

IV. Civil and Political Rights

V. State Responsibilities

VI. Individual Responsibilities

VII. Enforcement

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

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I. Introduction

II. Economic, Social and Cultural Rights

III. Peoples’ Rights

IV. Civil and Political Rights

V. State Responsibilities

VI. Individual Responsibilities

VII. Enforcement

IV. Civil and Political Rights

• Freedom from discrimination based on:

• Race

• Ethnic

group

• Color

• Sex

• Language

• Political or other opinion

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I. Introduction

II. Economic, Social and Cultural Rights

III. Peoples’ Rights

IV. Civil and Political Rights

V. State Responsibilities

VI. Individual Responsibilities

VII. Enforcement

IV. Civil and Political Rights

• Religion

• National and social origin

• Fortune

• Birth

• Other status

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I. Introduction

II. Economic, Social and Cultural Rights

III. Peoples’ Rights

IV. Civil and Political Rights

V. State Responsibilities

VI. Individual Responsibilities

VII. Enforcement

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

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I. Introduction

II. Economic, Social and Cultural Rights

III. Peoples’ Rights

IV. Civil and Political Rights

V. State Responsibilities

VI. Individual Responsibilities

VII. Enforcement

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

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I. Introduction

II. Economic, Social and Cultural Rights

III. Peoples’ Rights

IV. Civil and Political Rights

V. State Responsibilities

VI. Individual Responsibilities

VII. Enforcement

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

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I. Introduction

II. Economic, Social and Cultural Rights

III. Peoples’ Rights

IV. Civil and Political Rights

V. State Responsibilities

VI. Individual Responsibilities

VII. Enforcement

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 prohibited14

I. Introduction

II. Economic, Social and Cultural Rights

III. Peoples’ Rights

IV. Civil and Political Rights

V. State Responsibilities

VI. Individual Responsibilities

VII. Enforcement

IV. Civil and Political Rights

• Rights may be limited “by law”

• Express opinions

• Association and assembly

• Movement and residence

• No reservations or temporary suspension

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I. Introduction

II. Economic, Social and Cultural Rights

III. Peoples’ Rights

IV. Civil and Political Rights

V. State Responsibilities

VI. Individual Responsibilities

VII. Enforcement

• Include:

• Adopt legislation and measures

• Protect health and community morals and values

• Guarantee independent courts

• Promote andeducate on human rights

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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

VI. Individual Responsibilities

• Include:

• Due regard for rights of others

• Do not compromise state security

• Preserve the family and positive African cultural values

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I. Introduction

II. Economic, Social and Cultural Rights

III. Peoples’ Rights

IV. Civil and Political Rights

V. State Responsibilities

VI. Individual Responsibilities

VII. Enforcement

• Quasi-judicial body

• Promote and protect human/people’s rights

• Formulate principles and rules

• Receive State, NGO, and individual complaints of Charter violations

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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

VII. African Commission on Human and Peoples’ Rights

• Resolve complaints amicably or issue recommendations for resolution

• Recommendations not binding legally

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I. Introduction

II. Economic, Social and Cultural Rights

III. Peoples’ Rights

IV. Civil and Political Rights

V. State Responsibilities

VI. Individual Responsibilities

VII. Enforcement

VII. African Court on Human and Peoples’ Rights

• History

• 1998 Protocol entered into force 2004

• Many States not yet party

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I. Introduction

II. Economic, Social and Cultural Rights

III. Peoples’ Rights

IV. Civil and Political Rights

V. State Responsibilities

VI. Individual Responsibilities

VII. Enforcement

• Jurisdiction

• Complaints under African Charter and other human rights agreements ratified by party State

• NGO and individual complaints only with State acceptance

• Decisions legally binding21

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

African Charter on Human and Peoples’ Rights

Defense Institute of International Legal Studies

Regional Defense Combating Terrorism Fellowship Program