Wednesday, September 3, 2025

THE AFRICAN CHARTER ON HUMAN RIGHTS

September 03, 2025 0

The African Charter on Human and Peoples' Rights (also known as the Banjul Charter) is a landmark human rights treaty adopted in 1981 by the Organisation of African Unity (now the African Union) to promote and protect human and peoples' rights across the African continent. It uniquely includes collective "peoples' rights" alongside traditional individual civil, political, economic, social, and cultural rights, and also outlines duties for individuals and governments. The Charter established the African Commission on Human and Peoples' Rights and is implemented by member states through legislative and administrative measures.

The African charter on human rights

Key Features and Scope

Comprehensive Rights:

The Charter covers a broad range of rights, including:

Individual Rights: The right to life, liberty, security, freedom from torture, and freedom of conscience.

Civil and Political Rights: The right to have one's cause heard and equal protection under the law.

Economic, Social, and Cultural Rights: Rights to education, health, and economic development.

Peoples' Rights: Unique collective rights, such as the right to self-determination, the free disposal of wealth and natural resources, and the right to development.

Duties and Obligations:

It also recognizes duties for both individuals, such as respect for family and duties to the state, and for governments to ensure human rights protection.

Institutions:

The Charter established the African Commission on Human and Peoples' Rights for promotion and protection, and later the African Court on Human and Peoples' Rights for judicial enforcement.

History and Implementation

Adoption: Adopted in 1981 and came into force in 1986.

Status: It is the principal human rights treaty for the African region, ratified by almost all African Union member states.

Implementation: Member states are obligated to adopt legislative and other measures to give effect to the rights enshrined in the Charter.

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