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V T E
The African Charter on Human and Peoples' Rights (also known as the Banjul Charter) is aninternational human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent. It emerged under the aegis of the Organisation of African Unity (since replaced by the African Union) which, at its 1979 Assembly of Heads of State and Government, adopted a resolution calling for the creation of a committee of experts to draft a continent-wide human rights instrument, similar to those that already existed in Europe (European Convention on Human Rights) and the Americas (American Convention on Human Rights). This committee was duly set up, and it produced a draft that was unanimously approved at the OAU's 1981 Assembly. Pursuant to its Article 63 (whereby it was to "come into force three months after the reception by the Secretary General of the instruments of ratification or adherence of a simple majority" of the OAU's member states), the African Charter on Human and Peoples' Rights came into effect on 21 October 1986 in honour of which 21 October was declared "African Human Rights Day". Oversight and interpretation of the Charter is the task of the African Commission on Human and Peoples' Rights, which was set up in 1987 and is now headquartered in Banjul, Gambia. A protocol to the Charter was subsequently adopted in 1998 whereby an African Court on Human and Peoples' Rights was to be created. The protocol came into effect on 25 January 2005. In July 2004, the AU Assembly decided that the ACHP would be incorporated into the African Court of Justice. In July 2005, the AU Assembly then decided that the ACHP should be operationalised despite the fact that the protocol establishing the African Court of Justice had not yet come into effect. Accordingly, the Eighth Ordinary Session of the Executive Council of the African Unionmeeting in Khartoum, Sudan, on 22 January 2006, elected the first judges of the African Court on Human and Peoples' Rights. The relationship between the newly created Court and the Commission is yet to be determined. As of 2013, 53 states have ratified the Charter.[1] It has been ratified by every AU member state with the exception of South Sudan.
Contents
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2.1 Civil and Political Rights 2.2 Economic, Social and Cultural Rights 2.3 Peoples' Rights and Group Rights 2.4 Duties
Content[edit]
The African Charter on Human and People's Rights followed the footsteps of the European and Inter-American systems by creating a regional human rights system for Africa. The Charter shares many features with other regional instruments, but also has notable unique characteristics concerning the norms it recognizes and also its supervisory mechanism.[2] The preamble commits to the elimination of Zionism, which it compares with colonialism and apartheid,[3] caused South Africa to qualify its 1996 accession with the reservation that the Charter fall in line with the UN's resolutions "regarding the characterization of Zionism."[4]
provisions of the law. (2) Every citizen shall have the right to equal access to the public service of his country. (3) Every individual shall have the right of access to public property and services in strict equality of all persons before the law."
Duties[edit]
The Charter not only awards rights to individuals and peoples, but also includes duties incumbent upon them. These duties are contained in Article 29 and are as follows:
The duty to preserve the harmonious development of the family. To serve the national community by placing both physical and intellectual abilities at its service. Not to compromise the security of the State. To preserve and strengthen social and national solidarity. To preserve and strengthen national independence and the territorial integrity of one's country and to contribute to its defence.
To work to the best of one's abilities and competence and to pay taxes in the interest of society. To preserve and strengthen positive African cultural values and in general to contribute to the promotion of the moral well being of society.
To contribute to the best of one's abilities to the promotion and achievement of African unity.
See also[edit]
African Court on Human and Peoples' Rights African Union International human rights law Maputo Protocol List of Linguistic Rights in Constitutions (Africa) Linguistic rights United Nations General Assembly Resolution 3379
References[edit]
1. Jump up^ [1] 2. ^ Jump up to:a b Christof Heyns, the essentials of...Human Rights, 2005 3. Jump up^ African Charter on Human and Peoples's Rights, Preamble [2][dead link] 4. Jump up^ "African Charter on Human and Peoples' Rights". African Commission on Human and Peoples' Rights. Archived from the original on 9 December 2012. Retrieved 9 December 2012. 5. Jump up^ Food and Agriculture Organization of the United Nations (2008) "The Right to Food and Access to Natural Resources". Rome.
External links[edit]
African Charter on Human and Peoples' Rights African Commission on Human and Peoples' Rights Decisions of the Sixth Ordinary Session of the Executive Council