African Charter on Human and Peoples' Rights
| Articles | Designation | Number of Cases | Details |
|---|---|---|---|
| Article 1 |
Obligations of state parties
The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this…
|
71 | cases |
| Article 2 |
Non-discrimination
Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any…
|
113 | cases |
| Article 3 |
Equality before the law, equal protection of the law
1. Every individual shall be equal before the law. 2. Every individual shall be entitled to equal protection of the law.
|
175 | cases |
| Article 4 |
Life, integrity of the person
Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived…
|
72 | cases |
| Article 5 |
Dignity, recognition, exploitation, degradation, slavery, torture, cruel, inhuman or degrading punishment or treatment
Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of…
|
114 | cases |
| Article 6 |
Liberty, security of person, arbitrary arrest or detention
Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions…
|
48 | cases |
| Article 7 |
Fair trial
1. Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of…
|
258 | cases |
| Article 8 |
Freedom of conscience, freedom of religion
Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures…
|
8 | cases |
| Article 9 |
Access to information, freedom of expression
1. Every individual shall have the right to receive information. 2. Every individual shall have the right to express and disseminate his opinions within the…
|
27 | cases |
| Article 10 |
Freedom of association
1. Every individual shall have the right to free association provided that he abides by the law. 2. Subject to the obligation of solidarity provided for in 29…
|
12 | cases |
| Article 11 |
Freedom of assembly
Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by…
|
7 | cases |
| Article 12 |
Freedom of movement
1. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual…
|
16 | cases |
| Article 13 |
Participation in government
1. Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in…
|
50 | cases |
| Article 14 |
Property
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…
|
43 | cases |
| Article 15 |
Work
Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.
|
30 | cases |
| Article 16 |
Health
1. Every individual shall have the right to enjoy the best attainable state of physical and mental health. 2. States Parties to the present Charter shall take…
|
22 | cases |
| Article 17 |
Education
1. Every individual shall have the right to education. 2. Every individual may freely, take part in the cultural life of his community. 3. The promotion and…
|
11 | cases |
| Article 18 |
Family, protection of women, children, the aged and the disabled
1. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2.…
|
19 | cases |
| Article 19 |
Equality of all peoples
All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.
|
11 | cases |
| Article 20 |
Self-determination
1. All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self- determination. They shall freely determine…
|
12 | cases |
| Article 21 |
Free disposal of wealth and natural resources
1. All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case…
|
5 | cases |
| Article 22 |
Economic, social and cultural development
1. All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal…
|
9 | cases |
| Article 23 |
Peace and security
1. All peoples shall have the right to national and international peace and security. The principles of solidarity and friendly relations implicitly affirmed by…
|
11 | cases |
| Article 24 |
The environment
All peoples shall have the right to a general satisfactory environment favorable to their development.
|
5 | cases |
| Article 25 |
Promotion of human and peoples’ rights
States parties to the present Charter shall have the duty to promote and ensure through teaching, education and publication, the respect of the rights and…
|
0 | cases |
| Article 26 |
Independence of the judiciary, national human rights institutions
States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of…
|
44 | cases |
| Article 27 |
Individual duties I: limitations on the enjoyment of rights and freedoms
1. Every individual shall have duties towards his family and society, the State and other legally recognized communities and the international community. 2. The…
|
4 | cases |
| Article 28 |
Individual duties II: promotion of respect and tolerance
Every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting,…
|
5 | cases |
| Article 29 |
Individual duties III: respecting the family, serving the national community, not compromising state security, strengthening social and national solidarity, strengthening national independence and territorial integrity, working, paying taxes, strengthening positive African cultural values, promotion of moral wellbeing of society, promotion of African unity
The individual shall also have the duty: 1. to preserve the harmonious development of the family and to work for the cohesion and respect of the family; to…
|
1 | cases |
| Article 30 |
The Commission
An African Commission on Human and Peoples' Rights, hereinafter called "the Commission", shall be established within the Organization of African Unity to…
|
0 | cases |
| Article 31 |
Composition I: competence
1. The Commission shall consist of eleven members chosen from amongst African personalities of the highest reputation, known for their high morality, integrity,…
|
0 | cases |
| Article 32 |
Composition II: nationality
The commission shall not include more than one national of the same State.
|
0 | cases |
| Article 33 |
Election
The members of the Commission shall be elected by secret ballot by the Assembly of Heads of State and Government, from a list of persons nominated by the States…
|
0 | cases |
| Article 34 |
Candidates
Each State party to the present Charter may not nominate more than two candidates. The candidates must have the nationality of one of the States parties to…
|
0 | cases |
| Article 35 |
Nomination
1. The Secretary General of the Organization of African Unity shall invite States parties to the present Charter at least four months before the elections to…
|
0 | cases |
| Article 36 |
Term of office I: limits and rotation
The members of the Commission shall be elected for a six year period and shall be eligible for re-election. However, the term of office of four of the members…
|
0 | cases |
| Article 37 |
Term of office II: rotation procedure
Immediately after the first election, the Chairman of the Assembly of Heads of State and Government of the Organization of African Unity shall draw lots to…
|
0 | cases |
| Article 38 |
Oath of office
After their election, the members of the Commission shall make a solemn declaration to discharge their duties impartially and faithfully.
|
0 | cases |
| Article 39 |
Death, resignation or cessation of office
1. In case of death or resignation of a member of the Commission, the Chairman of the Commission shall immediately inform the Secretary General of the…
|
0 | cases |
| Article 40 |
Succession
Every member of the Commission shall be in office until the date his successor assumes office.
|
0 | cases |
| Article 41 |
Secretariat
The Secretary-General of the Organization of African Unity shall appoint the Secretary of the Commission. He shall also provide the staff and services necessary…
|
0 | cases |
| Article 42 |
Bureau, rules of procedure, quorum and voting
1. The Commission shall elect its Chairman and Vice Chairman for a two-year period. They shall be eligible for re-election. 2. The Commission shall lay down its…
|
0 | cases |
| Article 43 |
Diplomatic privileges and immunities
In discharging their duties, members of the Commission shall enjoy diplomatic privileges and immunities provided for in the General Convention on the Privileges…
|
0 | cases |
| Article 44 |
Remuneration
Provision shall be made for the emoluments and allowances of the members of the Commission in the Regular Budget of the Organization of African Unity.
|
0 | cases |
| Article 45 |
Mandate
The functions of the Commission shall be: 1. To promote Human and Peoples' Rights and in particular: (a) to collect documents, undertake studies and…
|
0 | cases |
| Article 46 |
Investigations by the Commission
The Commission may resort to any appropriate method of investigation; it may hear from the Secretary General of the Organization of African Unity or any other…
|
0 | cases |
| Article 47 |
Inter-state communications I: bilateral negotiation
If a State party to the present Charter has good reasons to believe that another State party to this Charter has violated the provisions of the Charter, it…
|
0 | cases |
| Article 48 |
Inter-state communications II: failed bilateral negotiation and referral
If within three months from the date on which the original communication is received by the State to which it is addressed, the issue is not settled to the…
|
0 | cases |
| Article 49 |
Inter-state communications III: direct referral
Notwithstanding the provisions of 47, if a State party to the present Charter considers that another State party has violated the provisions of the Charter,…
|
0 | cases |
| Article 50 |
Inter-state communications IV: exhaustion of local remedies
The Commission can only deal with a matter submitted to it after making sure that all local remedies, if they exist, have been exhausted, unless it is obvious…
|
0 | cases |
| Article 51 |
Inter-state communications V: information and representation
1. The Commission may ask the States concerned to provide it with all relevant information. 2. When the Commission is considering the matter, States concerned…
|
0 | cases |
| Article 52 |
Inter-state communications VI: amicable settlement and report
After having obtained from the States concerned and from other sources all the information it deems necessary and after having tried all appropriate means to…
|
0 | cases |
| Article 53 |
Inter-state communications VII: recommendations
While transmitting its report, the Commission may make to the Assembly of Heads of State and Government such recommendations as it deems useful.
|
0 | cases |
| Article 54 |
Activity report
The Commission shall submit to each ordinary Session of the Assembly of Heads of State and Government a report on its activities. Other Communications
|
0 | cases |
| Article 55 |
Other communications
1. Before each Session, the Secretary of the Commission shall make a list of the communications other than those of States parties to the present Charter and…
|
0 | cases |
| Article 56 |
Admissibility of other communications
Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1. Indicate their authors even…
|
2 | cases |
| Article 57 |
Notification of communications
Prior to any substantive consideration, all communications shall be brought to the knowledge of the State concerned by the Chairman of the Commission.
|
0 | cases |
| Article 58 |
Communications relating to a series of serious or massive violations of human and peoples’ rights
1. When it appears after deliberations of the Commission that one or more communications apparently relate to special cases which reveal the existence of a…
|
0 | cases |
| Article 59 |
Confidentiality and publication of reports
1. All measures taken within the provisions of the present Chapter shall remain confidential until such a time as the Assembly of Heads of State and…
|
0 | cases |
| Article 60 |
Sources of inspiration
The Commission shall draw inspiration from international law on human and peoples' rights, particularly from the provisions of various African instruments on…
|
0 | cases |
| Article 61 |
Subsidiary sources of inspiration
The Commission shall also take into consideration, as subsidiary measures to determine the principles of law, other general or special international…
|
0 | cases |
| Article 62 |
State reporting procedure
Each state party shall undertake to submit every two years, from the date the present Charter comes into force, a report on the legislative or other measures…
|
0 | cases |
| Article 63 |
Signature, ratification or adherence
1. The present Charter shall be open to signature, ratification or adherence of the member states of the Organization of African Unity. 2. The instruments of…
|
0 | cases |
| Article 64 |
Operationalisation of the Commission
1. After the coming into force of the present Charter, members of the Commission shall be elected in accordance with the relevant Articles of the present…
|
0 | cases |
| Article 65 |
Ratification or adherence after entry into force
For each of the States that will ratify or adhere to the present Charter after its coming into force, the Charter shall take effect three months after the…
|
0 | cases |
| Article 66 |
Supplementary protocols or agreements
Special protocole or agreements may, if necessary, supplément the provisions of the present Charter.
|
1 | cases |
| Article 67 |
Notification of the deposit of instruments of ratification or adherence
The Secretary General of the Organization of African Unity shall inform member states of the Organization of the deposit of each instrument of ratification or…
|
0 | cases |
| Article 68 |
Amendment of the Charter
The present Charter may be amended if a State party makes a written request to that effect to the Secretary General of the Organization of African Unity. The…
|
0 | cases |
| Article -Treaty |
Treaty - African Charter
African Charter on Human and Peoples' Rights
|
0 | cases |