African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights
African Union - supranational union in Africa · Public domain · source
Title	African Charter on Human and Peoples' Rights
Date	June 27, 1981
Location	Nairobi, Kenya
Effective	October 21, 1986

African Charter on Human and Peoples' Rights is a landmark human rights instrument that was adopted by the Organisation of African Unity (now known as the African Union) to promote and protect the human rights of African people. The Charter was inspired by the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, as well as the African Commission on Human and Peoples' Rights. It was also influenced by the United Nations Charter, the Geneva Conventions, and the Helsinki Accords. The Charter has been ratified by Egypt, South Africa, Nigeria, Morocco, and Algeria, among other African countries.

Introduction

The African Charter on Human and Peoples' Rights is a comprehensive instrument that sets out a broad range of human rights and freedoms, including the right to life, liberty, and security of person, as guaranteed by the International Court of Justice and the European Court of Human Rights. It also recognizes the importance of economic, social, and cultural rights, such as the right to health, education, and work, as enshrined in the International Labour Organization and the United Nations Educational, Scientific and Cultural Organization. The Charter is based on the principles of human dignity, equality, and justice, as reflected in the Universal Declaration of Human Rights and the African Commission on Human and Peoples' Rights. It has been influenced by the American Convention on Human Rights, the European Convention on Human Rights, and the Asian Human Rights Charter. The Charter has been ratified by Ghana, Senegal, Mali, Guinea, and Côte d'Ivoire, among other African countries.

History

The African Charter on Human and Peoples' Rights was adopted by the Organisation of African Unity on June 27, 1981, in Nairobi, Kenya, with the support of United Nations Development Programme, United Nations Children's Fund, and World Health Organization. It came into force on October 21, 1986, after being ratified by a majority of African countries, including Tunisia, Cameroon, Zambia, Zimbabwe, and Mozambique. The Charter was the result of a long process of negotiation and consultation among African governments, civil society organizations, and human rights experts, including Amnesty International, Human Rights Watch, and the International Committee of the Red Cross. It was influenced by the Vienna Declaration and Programme of Action, the Cairo Declaration on Human Rights in Islam, and the Bangkok Declaration. The Charter has been praised by Nelson Mandela, Desmond Tutu, and Kofi Annan, among other prominent African leaders and human rights advocates.

Provisions

The African Charter on Human and Peoples' Rights sets out a wide range of human rights and freedoms, including the right to equality, non-discrimination, and freedom from torture, as guaranteed by the Convention Against Torture and the International Convention for the Protection of All Persons from Enforced Disappearance. It also recognizes the importance of collective rights, such as the right to self-determination, cultural development, and environmental protection, as enshrined in the United Nations Environment Programme and the World Wildlife Fund. The Charter imposes obligations on African governments to respect, protect, and fulfill these rights, as reflected in the African Commission on Human and Peoples' Rights and the United Nations Human Rights Council. It has been influenced by the European Social Charter, the American Convention on Human Rights, and the ASEAN Human Rights Declaration. The Charter has been ratified by Uganda, Rwanda, Burundi, Democratic Republic of the Congo, and Republic of the Congo, among other African countries.

Implementation

The implementation of the African Charter on Human and Peoples' Rights is monitored by the African Commission on Human and Peoples' Rights, which is responsible for promoting and protecting human rights in Africa, with the support of United Nations High Commissioner for Human Rights, International Labour Organization, and World Health Organization. The Commission receives complaints from individuals and civil society organizations and conducts investigations into human rights violations, as reflected in the United Nations Human Rights Council and the International Criminal Court. It also provides technical assistance and capacity-building programs to African governments to help them implement the Charter, as enshrined in the African Development Bank and the New Partnership for Africa's Development. The Charter has been influenced by the European Court of Human Rights, the Inter-American Commission on Human Rights, and the Asian Human Rights Commission. The Charter has been ratified by Ethiopia, Eritrea, Djibouti, Somalia, and Sudan, among other African countries.

Impact and Criticisms

The African Charter on Human and Peoples' Rights has had a significant impact on the promotion and protection of human rights in Africa, as reflected in the African Commission on Human and Peoples' Rights and the United Nations Human Rights Council. It has helped to establish a human rights culture in Africa and has provided a framework for African governments to respect, protect, and fulfill human rights, as enshrined in the United Nations Charter and the Universal Declaration of Human Rights. However, the Charter has also been criticized for its limitations and weaknesses, including the lack of a strong enforcement mechanism, as reflected in the International Court of Justice and the European Court of Human Rights. It has been influenced by the Vienna Declaration and Programme of Action, the Cairo Declaration on Human Rights in Islam, and the Bangkok Declaration. The Charter has been praised by Nelson Mandela, Desmond Tutu, and Kofi Annan, among other prominent African leaders and human rights advocates.

Signatories and Ratifications

The African Charter on Human and Peoples' Rights has been signed by all African countries, including South Africa, Nigeria, Egypt, Morocco, and Algeria, and has been ratified by a majority of them, including Ghana, Senegal, Mali, Guinea, and Côte d'Ivoire. The Charter has been ratified by Tunisia, Cameroon, Zambia, Zimbabwe, and Mozambique, among other African countries. It has also been ratified by Uganda, Rwanda, Burundi, Democratic Republic of the Congo, and Republic of the Congo, among other African countries. The Charter has been influenced by the American Convention on Human Rights, the European Convention on Human Rights, and the Asian Human Rights Charter. The Charter has been ratified by Ethiopia, Eritrea, Djibouti, Somalia, and Sudan, among other African countries. Category:African Union