African Charter on Human and Peoples'Rights

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Adopted by the 18th Assembly of Heads of State and Government of the African Union on 27 June 191. Entered into force on 21 October 1986.

Contents

Relevant Provisions of the African Charter on Human and Peoples' Rights

Article 1

The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.

Article 2

Prohibition of discrimination in the enjoyment of the rights and freedoms provided for in the Charter, without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or any status.

Article 3

Equality before the law and equal protection of the law.

Article 4

Inviolability of the human being, in his life and in the integrity of his person. No one may be arbitrarily deprived of this right.

Article 5

Right to the respect of the dignity inherent in a human being and to the recognition of his legal status. Prohibition of torture, cruel, inhuman or degrading punishment and treatment.

Article 6

Every individual shall have the right to liberty and to security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. No one may be arbitrarily arrested or detained.

Article 7

1. Everyone shall have the right to have his cause heard. This comprises: a) Right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; b) Right to be presumed innocent until proved guilty by a competent court or tribunal; c) Right to defense, including the right to be defended by counsel of his choice; d) Right to be tried within a reasonable time by an impartial court or tribunal.

2. Legality principle.

Punishment is personal and can be imposed only on the offender.

Article 8

Freedom of conscience, guarantee of the profession and free practice of religion. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms.

Article 9

Right to receive information. Right to express and disseminate his opinions within the law.

Article 10

Every individual shall have the right to free association provided that he abides by the law.

Article 11

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 law, in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.

Article 13

2. Every citizen shall have the right of equal access to the public service of the country.

3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.

Article 14

Right to property, which may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Article 19

All peoples shall be equal.

Article 26

State Parties have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter.

Status of Signature, Ratification and Accession to the African Charter on Human and Peoples'Rights

Country Signature Ratification/Accession Date of Deposit
Algeria 10 April 1986 01 March 1987 20 March 1987
Angola - 02 March 1990 09 October 1990
Benin 11 February 2004 20 January 1986 25 February 1986
Botswana - 17 July 1986 22 July 1986
Burkina Faso 05 March 1984 06 July 1984 21 September 1984
Burundi - 28 July 1989 30 August 1989
Cameroon 23 July 1987 20 June 1989 18 September 1989
Cape Verde 31 March 1986 20 June 1987 06 August 1987
Central African Republic 04 February 2003 26 April 1986 27 July 1986
Chad 29 May 1986 9 October 1986 11 November 1986
Ivory Coast 30 August 2005 06 January 1992 31 March 1992
Comoros 01 June 1986 01 June 1986 18 July 1986
Congo 27 November 1981 09 December 1982 17 January 1983
Democratic Republic of the Congo 23 July 1987 20 July 1987 28 July 1987
Djibouti 20 December 1991 11 November 1991 20 December 1991
Egypt 16 November 1981 20 March 1984 03 April 1984
Equatorial Guinea 18 August 1986 07 April 1986 18 August 1986
Eritrea - 14 January 1999 15 March 1999
Ethiopia - 15 June 1998 22 June 1998
Gabon 26 February 1982 20 February 1986 26 June 1986
Gambia 11 February 1983 08 June 1983 13 June 1983
Ghana 03 July 2004 24 January 1989 01 March 1989
Guinea 09 December 1981 16 February 1982 13 May 1982
Guinea Bissau 08 March 2005 04 December 1985 06 March 1986
Kenya - 23 January 1992 10 February 1992
Lesotho 07 March 1984 10 February 1992 27 February 1992
Liberia 31 January 1983 04 August 1982 29 December 1982
Libyan Ara Jamahiriya 30 May 1985 19 July 1986 26 March 1987
Magadascar - 09 March 1992 19 March 1992
Malawi 23 February 1990 17 November 1989 23 February 1990
Mali 13 November 1981 21 December 1981 22 January 1982
Mauritania 25 February 1982 14 June 1986 26 June 1986
Mauritius 27 February 1992 19 June 1992 01 July 1992
Mozambique - 22 February 1989 07 March 1990
Namibia - 30 July 1992 16 September 1992
Niger 09 July 1986 15 July 1986 21 July 1986
Nigeria 31 August 1982 22 June 1983 22 July 1983
Rwanda 11 November 1981 15 July 1983 22 July 1983
Sahrawi Arab Democratic Republic 10 April 1986 02 May 1986 23 May 1986
Sao Tome & Principe - 23 May 1986 28 July 1986
Senegal 23 September 1981 13 August 1982 25 October 1982
Seychelles - 13 April 1992 30 April 1992
Sierra Leone 27 August 1981 21 September 1983 27 January 1984
Somalia 26 February 1982 31 July 1985 20 March 1986
South Africa 09 July 1996 09 July 1996 09 July 1996
South Sudan - - -
Sudan 03 September 1982 18 February 1986 11 March 1986
Swaziland 20 December 1991 15 September 1995 09 October 1995
Tanzania 31 May 1982 18 February 1984 09 March 1984
Togo 26 February 1982 05 November 1982 22 November 1982
Tunisia - 16 March 1983 22 April 1983
Uganda 18 August 1986 10 May 1986 27 May 1986
Zambia 17 January 1983 10 January 1984 02 February 1984
Zimbabwe 20 February 1986 30 May 1986 12 June 1986

See International Law