African Charter on Democracy, Elections and Governance
| Articles | Designation | Number of Cases | Details |
|---|---|---|---|
| Article 1 |
Definitions
In this Charter, unless otherwise stated, the following expressions shall have the following meaning: “AU” means the African Union; “African Human Rights…
|
2 | cases |
| Article 2 |
Objectives
The objectives of this Charter are to: 1. Promote adherence, by each State Party, to the universal values and principles of democracy and respect for human…
|
10 | cases |
| Article 3 |
Principles
State Parties shall implement this Charter in accordance with the following principles: 1. Respect for human rights and democratic principles; 2. Access to…
|
9 | cases |
| Article 4 |
Promotion of democracy, the rule of law and human rights
1. State Parties shall commit themselves to promote democracy, the principle of the rule of law and human rights. 2. State Parties shall recognize popular…
|
9 | cases |
| Article 5 |
Constitutional rule and constitutional transfer of power
State Parties shall take all appropriate measures to ensure constitutional rule, particularly constitutional transfer of power.
|
1 | cases |
| Article 6 |
Enjoyment of rights and freedoms
State Parties shall ensure that citizens enjoy fundamental freedoms and human rights taking into account their universality, interdependence and indivisibility.
|
2 | cases |
| Article 7 |
Strengthening AU human rights organs
State Parties shall take all necessary measures to strengthen the Organs of the Union that are mandated to promote and protect human rights and to fight…
|
0 | cases |
| Article 8 |
Elimination of all forms of discrimination
1. State Parties shall eliminate all forms of discrimination, especially those based on political opinion, gender, ethnic, religious and racial grounds as…
|
0 | cases |
| Article 9 |
Promotion of sustainable development and human security
State Parties undertake to design and implement social and economic policies and programmes that promote sustainable development and human security.
|
1 | cases |
| Article 10 |
Supremacy of the constitution, constitutional amendment or revision based on national consensus, equality before the law and equal protection of the law
1. State Parties shall entrench the principle of the supremacy of the constitution in the political organization of the State. 2. State Parties shall ensure…
|
12 | cases |
| Article 11 |
Strengthening a culture of democracy and peace
The State Parties undertake to develop the necessary legislative and policy frameworks to establish and strengthen a culture of democracy and peace.
|
1 | cases |
| Article 12 |
Promotion of democratic principles and practices
State Parties undertake to implement programmes and carry out activities designed to promote democratic principles and practices as well as consolidate a…
|
1 | cases |
| Article 13 |
Political and social dialogue, public trust and transparency between political leaders and the people
State Parties shall take measures to ensure and maintain political and social dialogue, as well as public trust and transparency between political leaders and…
|
2 | cases |
| Article 14 |
Civilian control over armed and security forces
1. State Parties shall strengthen and institutionalize constitutional civilian control over the armed and security forces to ensure the consolidation of…
|
1 | cases |
| Article 15 |
Public institutions that promote democracy and constitutional order
1. State Parties shall establish public institutions that promote and support democracy and constitutional order. 2. State Parties shall ensure that the…
|
2 | cases |
| Article 16 |
Regional and continental democracy cooperation
State Parties shall cooperate at regional and continental levels in building and consolidating democracy through exchange of experiences.
|
0 | cases |
| Article 17 |
Regular, transparent, free and fair elections
State Parties re-affirm their commitment to regularly holding transparent, free and fair elections in accordance with the Union’s Declaration on the…
|
9 | cases |
| Article 18 |
Electoral assistance from the Commission
1. State Parties may request the Commission, through the Democracy and Electoral Assistance Unit and the Democracy and Electoral Assistance Fund, to provide…
|
0 | cases |
| Article 19 |
Election observation missions I: state cooperation
1. Each State Party shall inform the Commission of scheduled elections and invite it to send an electoral observer mission. 2. Each State Party shall…
|
0 | cases |
| Article 20 |
Election observation missions II: exploratory missions
The Chairperson of the Commission shall first send an exploratory mission during the period prior to elections. This mission shall obtain any useful information…
|
0 | cases |
| Article 21 |
Election observation missions III: composition and conduct
1. The Commission shall ensure that these missions are independent and shall provide them with the necessary resources for that purpose. 2. Electoral observer…
|
0 | cases |
| Article 22 |
National election monitoring or observation mechanisms
State Parties shall create a conducive environment for independent and impartial national monitoring or observation mechanisms.
|
0 | cases |
| Article 23 |
Definitions of unconstitutional changes of government
State Parties agree that the use of, inter alia, the following illegal means of accessing or maintaining power constitute an unconstitutional change of…
|
3 | cases |
| Article 24 |
The role of the Peace and Security Council in maintaining constitutional order
When a situation arises in a State Party that may affect its democratic political institutional arrangements or the legitimate exercise of power, the Peace…
|
0 | cases |
| Article 25 |
Imposing sanctions in cases of an unconstitutional change of government
1. When the Peace and Security Council observes that there has been an unconstitutional change of government in a State Party, and that diplomatic initiatives…
|
0 | cases |
| Article 26 |
Lifting sanctions in cases of an unconstitutional change of government
The Peace and Security Council shall lift sanctions once the situation that led to the suspension is resolved.
|
0 | cases |
| Article 27 |
Advancing political, economic and social governance
In order to advance political, economic and social governance, State Parties shall commit themselves to: 1. Strengthening the capacity of parliaments and…
|
0 | cases |
| Article 28 |
Promotion of partnerships between the government, civil society and the private sector
State Parties shall ensure and promote strong partnerships and dialogue between government, civil society and private sector.
|
1 | cases |
| Article 29 |
The role of women in development and democracy
1. State Parties shall recognize the crucial role of women in development and strengthening of democracy. 2. State Parties shall create the necessary conditions…
|
0 | cases |
| Article 30 |
Citizen participation in development
State Parties shall promote citizen participation in the development process through appropriate structures.
|
1 | cases |
| Article 31 |
Promotion of the participation of social groups with special needs
1. State Parties shall promote participation of social groups with special needs, including the Youth and people with disabilities, in the governance process.…
|
0 | cases |
| Article 32 |
Institutionalisation of good political governance
State Parties shall strive to institutionalize good political governance through: 1. Accountable, efficient and effective public administration; 2.…
|
1 | cases |
| Article 33 |
Institutionalisation of good economic and corporate governance
State Parties shall institutionalize good economic and corporate governance through, inter alia: 1. Effective and efficient public sector management; 2.…
|
1 | cases |
| Article 34 |
Decentralisation of power to local authorities
State Parties shall decentralize power to democratically elected local authorities as provided in national laws.
|
0 | cases |
| Article 35 |
The role of traditional authorities
Given the enduring and vital role of traditional authorities, particularly in rural communities, the State Parties shall strive to find appropriate ways and…
|
0 | cases |
| Article 36 |
Principles of the NEPAD Governance Declaration and the APRM
State Parties shall promote and deepen democratic governance by implementing the principles and core values of the NEPAD Declaration on Democracy, Political,…
|
0 | cases |
| Article 37 |
NEPAD Objectives and UN MDGs
State Parties shall pursue sustainable development and human security through achievement of NEPAD objectives and the United Nations Millennium Development…
|
0 | cases |
| Article 38 |
Promotion of peace, security, stability and solidarity
1. State Parties shall promote peace, security and stability in their respective countries, regions and in the continent by fostering participatory political…
|
0 | cases |
| Article 39 |
Promotion of a culture of respect, compromise, consensus and tolerance
State Parties shall promote a culture of respect, compromise, consensus and tolerance as a means to mitigate conflicts, promote political stability and…
|
0 | cases |
| Article 40 |
Employment, diseases, poverty and illiteracy
State Parties shall adopt and implement policies, strategies and programmes required to generate productive employment, mitigate the impact of diseases and…
|
0 | cases |
| Article 41 |
Basic social services
State Parties shall undertake to provide and enable access to basic social services to the people.
|
0 | cases |
| Article 42 |
The environment
State Parties shall implement policies and strategies to protect the environment to achieve sustainable development for the benefit of the present and future…
|
0 | cases |
| Article 43 |
Free and compulsory basic education
1. State Parties shall endeavour to provide free and compulsory basic education to all, especially girls, rural inhabitants, minorities, people with…
|
0 | cases |
| Article 44 |
Implementation I: the role of state parties and the Commission
To give effect to the commitments contained in this Charter: 1. Individual State Party Level State Parties commit themselves to implement the objectives,…
|
0 | cases |
| Article 45 |
Implementation II: the role of the Commission
The Commission shall: (a) Act as the central coordinating structure for the implementation of this Charter; (b) Assist State Parties in implementing the…
|
0 | cases |
| Article 46 |
Imposing measures in cases of Charter violations
In conformity with applicable provisions of the Constitutive Act and the Protocol Relating to the Establishment of the Peace and Security Council of the African…
|
0 | cases |
| Article 47 |
Signature, ratification and accession
1. This Charter shall be open for signature, ratification and accession by Member States of the Union in accordance with their respective constitutional…
|
0 | cases |
| Article 48 |
Entry into force
This Charter shall enter into force thirty (30) days after the deposit of fifteen (15) Instruments of Ratification.
|
0 | cases |
| Article 49 |
State reporting procedure
1. State Parties shall submit every two years, from the date the Charter comes into force, a report to the Commission on the legislative or other relevant…
|
0 | cases |
| Article 50 |
Amendment and revision of the Charter
1. Any State Party may submit proposals for the amendment or revision of this Charter; 2. Proposals for amendment or revision shall be submitted to the…
|
0 | cases |
| Article 51 |
Depository
1. The Chairperson of the Commission shall be the depository of this Charter; 2. The Chairperson of the Commission shall inform all Member States of the…
|
0 | cases |
| Article 52 |
Minimum guarantees
None of the provisions of the present Charter shall affect more favourable provisions relating to democracy, elections and governance contained in the…
|
0 | cases |
| Article 53 |
Languages
This Charter, drawn up in four (4) original texts, in Arabic, English, French and Portuguese languages, all four (4) being equally authentic, shall be deposited…
|
0 | cases |
| Article -Treaty |
Treaty - ACDEG
African Charter on Democracy, Elections and Governance
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0 | cases |