African Charter on Human and Peoples' Rights

From Criminal Defense Wiki
Jump to navigationJump to search

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.

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

Article 1

State Parties to the Charter 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 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
Benin 25 April 1990 3 August 1990
Botswana - 14 March 1995
Burkina Faso 26 January 1990 31 August 1990
Burundi 8 May 1990 19 October 1990
Cameroon 25 September 1990 11 January 1993
Cape Verde
Central African Republic 30 July 1990 23 April 1992
Chad 30 September 1990 2 October 1990
Ivory Coast 26 January 1990 4 February 1991
Comoros 30 September 1990
Congo
Democratic Republic of the Congo 20 March 1990 27 September 1990
Djibouti 30 September 1990 6 December 1990
Egypt 5 February 1990 6 July 1990
Equatorial Guinea - 15 June 1992
Eritrea 20 December 1993 3 August 1994
Ethiopia - 14 May 1991
Gabon 26 January 1990 9 February 1994
Gambia 5 February 1990 8 August 1990
Ghana 29 January 1990 5 February 1990
Guinea - 13 July 1990
Guinea Bissau 26 January 1990 20 August 1990
Kenya 26 January 1990 30 July 1990
Lesotho
Liberia
Libyan Ara Jamahiriya - 15 April 1993
Magadascar 19 April 1990 19 March 1991
Malawi - 2 January 1991
Mali 26 January 1990 20 September 1990
Mauritania 26 January 1990 16 May 1991
Mauritius - 26 July 1990
Mozambique 30 September 1990 26 April 1994
Namibia 26 January 1990 30 September 1990
Niger 26 January 1990 30 September 1990
Nigeria 26 January 1990 19 April 1991
Rwanda 26 January 1990 24 January 1991
Sahrawi Arab Democratic Republic - 26 January 1996
Sao Tome & Principe
Senegal 26 January 1990 31 July 1990
Seychelles - 7 September 1990
Sierra Leone 13 February 1990 18 June 1990
Somalia 9 May 2002 -
South Africa 29 January 1993 16 June 1995
Sudan 24 July 1990 3 August 1990
Swaziland 22 August 1990 7 September 1995
Tanzania
Togo 26 January 1990 1 August 1990
Tunisia 26 February 1990 30 January 1992
Uganda 17 August 1990 17 August 1990
Zambia 30 September 1990 6 December 1991
Zimbabwe 8 March 1990 11 September 1990