African Charter on Human and Peoples Rights - …

1 African Charter ON Human AND Peoples Rights . African Charter on Human and Peoples Rights Adopted in Nairobi June 27, 1981. Entered into Force October 21, 1986. Preamble pay a particular attention to the right to de- The African States members of the Organi- velopment and that civil and political Rights zation of African Unity, parties to the pre- cannot be dissociated from economic, social sent Convention entitled African Charter and cultural Rights in their conception as well on Human and Peoples ' Rights ; as universality and that the satisfaction of Recalling Decision 115 (XVI) of the As- economic, social and cultural Rights is a sembly of Heads of State and Government guarantee for the enjoyment of civil and at its Sixteenth Ordinary Session held in political Rights ;. Monrovia, Liberia, from 17 to 20 July 1979 Conscious of their duty to achieve the total on the preparation of a preliminary draft on liberation of Africa, the Peoples of which are an African Charter on Human and Peoples ' still struggling for their dignity and genuine Rights providing inter alia for the establish- independence and undertaking to eliminate ment of bodies to promote and protect hu- colonialism, neo-colonialism, apartheid, zi- man and Peoples ' Rights .

2 Onism and to dismantle aggressive foreign Considering the Charter of the Organization military bases and all forms of discrimina- of African Unity, which stipulates that free- tion, particularly those based on race, ethnic dom, equality, justice and dignity are essen- group, colour, sex, language, religion or po- tial objectives for the achievement of the litical opinions;. legitimate aspirations of the African peo- Reaffirming their adherence to the principle ples'; of Human and Peoples ' Rights and freedoms Reaffirming the pledge they solemnly made contained in the declarations, conventions in Artide 2 of the said Charter to eradicate and other instruments adopted by the Or- all forms of colonialism from Africa, to co- ganization of African Unity, the Movement ordinate and intensify their cooperation and of Non-Aligned Countries and the United efforts to achieve a better life for the peo- Nations.

3 Ples of Africa and to promote International Firmly convinced of their duty to promote cooperation having due regard to the Char- and protect Human and Peoples ' Rights and ter of the United Nations and the Universal freedoms taking into account the impor- Declaration of Human Rights ; tance traditionally attached to these Rights Taking into consideration the virtues of their and freedom in Africa;. historical tradition and the values of African Have agreed as follows: civilization which should inspire and charac- terize their reflection on the concept of hu- Part I. Rights and Duties man and Peoples Rights ;. Recognizing on the one hand, that funda- Chapter I. Human and Peoples ' Rights mental Human Rights stem from the attrib- utes of Human beings, which justifies their Article 1. national and international protection and on The Member States of the Organization of the other hand that the reality and respect of African Unity parties to the present Charter Peoples Rights should necessarily guarantee shall recognize the Rights , duties and free- Human Rights ; doms enshrined in this Charter and shall Considering that the enjoyment of Rights and undertake to adopt legislative or other freedom also implies the performance of measures to give effect to them.

4 Duties on the part of everyone;. Convinced that it is henceforth essential to 1. African Charter ON Human AND Peoples Rights . Article 2 c) the right to defence, including the Every individual shall be entitled to the en- right to be defended by counsel of his joyment of the Rights and freedoms recog- choice;. nized and guaranteed in the present Charter d) the right to be tried within a reason- without distinction of any kind such as race, able time by an impartial court or tri- ethnic group, colour, sex, language, religion, bunal. political or any other opinion, national and 2. No one may be condemned for an act or social origin, fortune, birth or other status. omission which did not constitute a le- gally punishable offence at the time it was Article 3 committed. No penal- ty may be inflicted l. Every individual shall be equal before the for an offence for which no provision law.

5 Was made at the time it was committed. 2. Every individual shall be entitled to equal Punishment is personal and can be im- protection of the law. posed only on the offender. Article 4 Article 8. Human beings are inviolable. Every Human Freedom of conscience, the profession and being shall be entitled to respect for his life free practice of religion shall be guaranteed. and the integrity of his person. No one may No one may, subject to law and order, be be arbitrarily deprived of this right. submitted to measures restricting the exer- cise of these freedoms. Article 5. Every individual shall have the right to the Article 9. respect of the dignity inherent in a Human 1. Every individual shall have the right to being and to the recognition of his legal receive information. status. All forms of exploitation and degra- 2. Every individual shall have the right to dation of man particularly slavery, slave express and disseminate his opinions trade, torture, cruel, inhuman of degrading within the law.

6 Punishment and treatment shall be prohib- ited. Article 10. 1. Every individual shall have the right to Article 6 free association provided that he abides Every individual shall have the right to lib- by the law. erty and to the security of his person. No 2. Subject to the obligations of solidarity one may be deprived of his freedom except provided for in Article 29 no one may be for reasons and conditions previously laid compelled to join an association. down by law. In particular, no one may be arbitrarily arrested or detained. Article 11. Every individual shall have the right to as- Article 7 semble freely with others. The exercise of 1. Every individual shall have the right to this right shall be subject only to necessary have his cause heard. This comprises: restrictions provided for by law in particular a) the right to an appeal to competent those enacted in the interest of national se- national organs against acts of violat- curity, the Safety, heath, ethics and Rights ing his fundamental Rights as recog- and freedom of others.

7 Nized and guaranteed by conventions, laws, regulations and customs in Article 12. force; 1. Every individual shall have the right to b) the right to be presumed innocent freedom of movement and residence until proved guilty by a competent within the borders of a State provided he court or tribunal; abides by the law. 2. African Charter ON Human AND Peoples Rights . 2. Every individual shall have the right to and mental health. leave any country including his own, and 2. States parties to the present Charter shall to return to his country. This right may take the necessary measures to protect only be subject to restrictions, provided the health of their people and to ensure for by law for the protection of national that they receive medical attention when security, law and order, public health or they are sick. morality. 3. Every individual shall have the right, Article 17.

8 When persecuted, to seek and obtain asy- 1. Every individual shall have the right to lum in other countries in accordance education. with laws of those countries and Interna- 2. Every individual may freely take part in tional conventions. cultural life of his community. 4. A non-national legally admitted in a ter- 3. The promotion and protection of morals ritory of a State Party to the present and traditional values recognized by the Charter , may only by expelled from it by community shall be the duty of the State. virtue of a decision taken in accordance with the law. Article 18. 5. The mass expulsion of non-nationals 1. The family shall be the natural unit and shall be prohibited. Mass expulsion shall basis of society. It shall be protected by be that which is aimed at national, racial, the State which shall take care of its ethnic or religions groups.

9 Physical health and moral. 2. The State shall have the duty to assist the Article 13 family which is the custodian of morals 1. Every citizen shall have the right to par- and traditional values recognized by the ticipate freely in the government of his community. country, either directly of through freely 3. The State shall ensure the elimination of chosen representatives in accordance every discrimination against women and with the provisions of the law. also censure the protection of the Rights 2. Every citizen shall have the right of of the woman and the child as stipulated equal access to the public service of his in international declarations and conven- country. tions. 3. Every individual shall have the right of 4. The aged and the disabled shall also have access to public property and services in the right to special measures of protec- strict equality of all persons before the tion in keeping with their physical or law.

10 Moral needs. Article 14 Article 19. The right to property shall be guaranteed. It All Peoples shall be equal; they shall enjoy may only be encroached upon in the interest the same respect and shall have the same of public need or in the general interest of Rights . Nothing shall justify the domination the community and in accordance with the of a people by another. provisions of appropriate laws. Article 20. Article 15 1. All Peoples shall have the right to exis- Every individual shall have the right to work tence. They shall have the unquestion- under equitable and satisfactory conditions, able and inalienable right to self- and shall receive equal pay for equal work. determination. They shall freely deter- mine their political status and shall pur- Article 16 sue their economic and social develop- 1. Every individual shall have the right to ment according to the policy they have enjoy the best attainable state of physical freely chosen.