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Declaration
of Human rights , 1948 , give the guiding human rights , which are
accepted in principle to become member state of UN human rights.
Thereafter , separately accepted International treaties and
conventions by Individual state under its constitution
are required, make it legally binding instruments under
international law. So
,Declaration of Human rights is guiding International human
rights instruments , where as Regional or state human rights
instruments framed by individual state and/ or Continents are legal
instrument. for judicial system in respective region. We have
important regional human rights instruments accepted by
respective Continent member state and that form binding human rights
law to party states consist: African Charter on Human and Peoples'
Rights, the American Convention on Human Rights . and the European
Convention on Human Rights.
So African Charter on Human and Peoples' Rights known as Banjul
Charter is important legal instrument for humans Of Africa . This
AFRICAN (BANJUL) CHARTER ON HUMAN AND PEOPLES' RIGHTS. is Adopted on
27 June 1981
African Charter on Human and Peoples' Rights ... entered into force
October 21, 1986 ...
All member state of Africa Continent acceded to the African
Charter on 9 July 1996.
The African Charter on Human and Peoples` Rights reaffirms adherence
... application of the Charter, this Protocol and any other relevant
Human Rights
What is AFRICAN (BANJUL) CHARTER ARTICLES ON HUMAN AND PEOPLES'
RIGHTS ?
African Charter on Human and
Peoples' Rights known as Banjul Article 1 to 26 give Human and
Peoples' Rights for African member state called chapter 1:-
Articles 1 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
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.
Articles 2 African (Banjul) Charter right to provide information on
human rights for the peoples of Africa
Every individual shall be entitled to the enjoyment of the rights
and freedoms recognized and guaranteed in the present 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 other status.
Articles 3 African (Banjul) Charter right to provide
information on human rights for the peoples of Africa
1. Every individual shall be equal before the law.
2. Every individual shall be entitled to equal protection of the
law.
Articles 4African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
Human beings are inviolable. Every human being shall be entitled to
respect for his life and the integrity of his person. No one may be
arbitrarily deprived of this right.
Articles 5 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
Every individual shall have the right to the respect of the dignity
inherent in a human being and to the recognition of his legal
status. All forms of exploitation and degradation of man
particularly slavery, slave trade, torture, cruel, inhuman or
degrading punishment and treatment shall be prohibited.
Articles 6 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
Every individual shall have the right to liberty and to the security
of his person. No one may be deprived of his freedom except for
reasons and conditions previously laid down by law. In particular,
no one may be arbitrarily arrested or detained.
Articles 7 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
1. Every individual shall have the right to have his cause heard.
This comprises:
(a) the 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) the right to be presumed innocent until proved guilty by a
competent court or tribunal;
(c) the right to defence, including the right to be defended by
counsel of his choice;
(d) the right to be tried within a reasonable time by an impartial
court or tribunal.
2. No one may be condemned for an act or omission which did not
constitute a legally punishable offence at the time it was
committed. No penalty may be inflicted for an offence for which no
provision was made at the time it was committed. Punishment is
personal and can be imposed only on the offender.
Articles 8 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
Freedom of conscience, the profession and free practice of religion
shall be guaranteed. No one may, subject to law and order, be
submitted to measures restricting the exercise of these freedoms.
Articles 9African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
1. Every individual shall have the right to receive information.
2. Every individual shall have the right to express and disseminate
his opinions within the law.
Articles 10 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
1. Every individual shall have the right to free association
provided that he abides by the law.
2. Subject to the obligation of solidarity provided for in 29 no one
may be compelled to join an association.
Articles 11 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
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.
Articles 12 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
1. Every individual shall have the right to freedom of movement and
residence within the borders of a State provided he abides by the
law.
2. Every individual shall have the right to leave any country
including his own, and to return to his country. This right may only
be subject to restrictions, provided for by law for the protection
of national security, law and order, public health or morality.
3. Every individual shall have the right, when persecuted, to seek
and obtain asylum in other countries in accordance with laws of
those countries and international conventions.
4. A non-national legally admitted in a territory of a State Party
to the present Charter, may only be expelled from it by virtue of a
decision taken in accordance with the law.
5. The mass expulsion of non-nationals shall be prohibited. Mass
expulsion shall be that which is aimed at national, racial, ethnic
or religious groups.
Articles 13 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
1. Every citizen shall have the right to participate freely in the
government of his country, either directly or through freely chosen
representatives in accordance with the provisions of the law.
2. Every citizen shall have the right of 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.
Articles 14 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
The right to property shall be guaranteed. It 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.
Articles 15 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
Every individual shall have the right to work under equitable and
satisfactory conditions, and shall receive equal pay for equal work
Articles 16 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
1. Every individual shall have the right to enjoy the best
attainable state of physical and mental health.
2. States parties to the present Charter shall take the necessary
measures to protect the health of their people and to ensure that
they receive medical attention when they are sick.
Articles 17 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
1. Every individual shall have the right to education.
2. Every individual may freely, take part in the cultural life of
his community.
3. The promotion and protection of morals and traditional values
recognized by the community shall be the duty of the State.
Articles 18 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
1. The family shall be the natural unit and basis of society. It
shall be protected by the State which shall take care of its
physical health and moral.
2. The State shall have the duty to assist the family which is the
custodian or morals and traditional values recognized by the
community.
3. The State shall ensure the elimination of every discrimination
against women and also ensure the protection of the rights of the
woman and the child as stipulated in international declarations and
conventions.
4. The aged and the disabled shall also have the right to special
measures of protection in keeping with their physical or moral
needs.
Articles 19 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
All peoples shall be equal; they shall enjoy the same respect and
shall have the same rights. Nothing shall justify the domination of
a people by another.
Articles 20 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
1. All peoples shall have the right to existence. They shall have
the unquestionable and inalienable right to self- determination.
They shall freely determine their political status and shall pursue
their economic and social development according to the policy they
have freely chosen.
2. Colonized or oppressed peoples shall have the right to free
themselves from the bonds of domination by resorting to any means
recognized by the international community.
3. All peoples shall have the right to the assistance of the States
parties to the present Charter in their liberation struggle against
foreign domination, be it political, economic or cultural.
Articles 21 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
1. All peoples shall freely dispose of their wealth and natural
resources. This right shall be exercised in the exclusive interest
of the people. In no case shall a people be deprived of it.
2. In case of spoliation the dispossessed people shall have the
right to the lawful recovery of its property as well as to an
adequate compensation.
3. The free disposal of wealth and natural resources shall be
exercised without prejudice to the obligation of promoting
international economic cooperation based on mutual respect,
equitable exchange and the principles of international law.
4. States parties to the present Charter shall individually and
collectively exercise the right to free disposal of their wealth and
natural resources with a view to strengthening African unity and
solidarity.
5. States parties to the present Charter shall undertake to
eliminate all forms of foreign economic exploitation particularly
that practiced by international monopolies so as to enable their
peoples to fully benefit from the advantages derived from their
national resources.
Articles 22 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
1. All peoples shall have the right to their economic, social and
cult ural development with due regard to their freedom and identity
and in the equal enjoyment of the common heritage of mankind.
2. States shall have the duty, individually or collectively, to
ensure the exercise of the right to development.
Articles 23 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
1. All peoples shall have the right to national and international
peace and security. The principles of solidarity and friendly
relations implicitly affirmed by the Charter of the United Nations
and reaffirmed by that of the Organization of African Unity shall
govern relations between States.
2. For the purpose of strengthening peace, solidarity and friendly
relations, States parties to the present Charter shall ensure that:
(a) any individual enjoying the right of asylum under 12 of the
present Charter shall not engage in subversive activities against
his country of origin or any other State party to the present
Charter;
(b) their territories shall not be used as bases for subversive or
terrorist activities against the people of any other State party to
the present Charter.
Articles 24 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
All peoples shall have the right to a general satisfactory
environment favorable to their development.
Articles 25 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
States parties to the present Charter shall have the duty to promote
and ensure through teaching, education and publication, the respect
of the rights and freedoms contained in the present Charter and to
see to it that these freedoms and rights as well as corresponding
obligations and duties are understood.
Articles 26 African (Banjul) Charter right to provide information
on human rights for the peoples of Africa
States parties to the present Charter shall 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
Chapter II - Duties
African Charter on Human and
Peoples' Rights known as Banjul Article 27 to 41 give duties
of Human and Peoples' Rights of African member state called
chapter 2:-
African (Banjul) Charter Article 27 and human rights.
1. Every individual shall have duties towards his family and
society, the State and other legally recognized communities and the
international community.
2. The rights and freedoms of each individual shall be exercised
with due regard to the rights of others, collective security,
morality and common interest.
African (Banjul) Charter Article 28 and human rights.
Every individual shall have the duty to respect and consider his
fellow beings without discrimination, and to maintain relations
aimed at promoting, safeguarding and reinforcing mutual respect and
tolerance.
African (Banjul) Charter Article 29 and human rights.
The individual shall also have the duty:
1. to preserve the harmonious development of the family and to work
for the cohesion and respect of the family; to respect his parents
at all times, to maintain them in case of need;
2. To serve his national community by placing his physical and
intellectual abilities at its service;
3. Not to compromise the security of the State whose national or
resident he is;
4. To preserve and strengthen social and national solidarity,
particularly when the latter is threatened;
5. To preserve and strengthen the national independence and the
territorial integrity of his country and to contribute to its
defence in accordance with the law;
6. To work to the best of his abilities and competence, and to pay
taxes imposed by law in the interest of the society;
7. to preserve and strengthen positive African cultural values in
his relations with other members of the society, in the spirit of
tolerance, dialogue and consultation and, in general, to contribute
to the promotion of the moral well being of society;
8. To contribute to the best of his abilities, at all times and at
all levels, to the promotion and achievement of African unity.
Part II: Measures of Safeguard
Chapter I - Establishment and Organization of the African Commission
on Human and Peoples' Rights
African (Banjul) Charter Article 30 and human rights.
An African Commission on Human and Peoples' Rights, hereinafter
called "the Commission", shall be established within the
Organization of African Unity to promote human and peoples' rights
and ensure their protection in Africa.
African (Banjul) Charter Article 31 and human rights.
1. The Commission shall consist of eleven members chosen from
amongst African personalities of the highest reputation, known for
their high morality, integrity, impartiality and competence in
matters of human and peoples' rights; particular consideration being
given to persons having legal experience.
2. The members of the Commission shall serve in their personal
capacity. . . .
African (Banjul) Charter Article 41 and human rights.
The Secretary General of the Organization of African Unity shall
appoint the Secretary of the Commission. He shall also provide the
staff and services necessary for the effective discharge of the
duties of the Commission. The Organization of African Unity shall
bear the costs of the staff and services. . . .
African Charter on Human and Peoples' Rights known as Banjul
Article 45 onwards give Mandate of the Commission
called chapter 3:-
African (Banjul) Charter Article 45 and human rights.
The functions of the Commission shall be:
1. To promote Human and Peoples' Rights and in particular:
(a) to collect documents, undertake studies and researches on
African problems in the field of human and peoples' rights, organize
seminars, symposia and conferences, disseminate information,
encourage national and local institutions concerned with human and
peoples' rights, and should the case arise, give its views or make
recommendations to Governments.
(b) to formulate and lay down, principles and rules aimed at solving
legal problems relating to human and peoples' rights and fundamental
freedoms upon which African Governments may base their legislations.
(c) co-operate with other African and international institutions
concerned with the promotion and protection of human and peoples'
rights.
2. Ensure the protection of human and peoples' rights under
conditions laid down by the present Charter.
3. Interpret all the provisions of the present Charter at the
request of a State party, an institution of the OAU or an African
Organization recognized by the OAU.
4. Perform any other tasks which may be entrusted to it by the
Assembly of Heads of State and Government
Chapter III - Procedure of Commission
African (Banjul) Charter Article 46 and human rights.
The Commission may resort to any appropriate method of
investigation; it may hear from the Secretary General of the
Organization of African Unity or any other person capable of
enlightening it.
Communication From States
African (Banjul) Charter Article 47 and human rights.
If a State party to the present Charter has good reasons to believe
that another State party to this Charter has violated the provisions
of the Charter, it may draw, by written communication, the attention
of that State to the matter. This communication shall also be
addressed to the Secretary General of the OAU and to the Chairman of
the Commission. Within three months of the receipt of the
communication, the State to which the communication is addressed
shall give the enquiring State, written explanation or statement
elucidating the matter. This should include as much as possible
relevant information relating to the laws and rules of procedure
applied and applicable, and the redress already given or course of
action available.
African (Banjul) Charter Article 48 and human rights.
If within three months from the date on which the original
communication is received by the State to which it is addressed, the
issue is not settled to the satisfaction of the two States involved
through bilateral negotiation or by any other peaceful procedure,
either State shall have the right to submit the matter to the
Commission through the Chairman and shall notify the other States
involved.
African (Banjul) Charter Article 49 and human rights.
Notwithstanding the provisions of 47, if a State party to the
present Charter considers that another State party has violated the
provisions of the Charter, it may refer the matter directly to the
Commission by addressing a communication to the Chairman, to the
Secretary General of the Organization of African Unity and the State
concerned.
African (Banjul) Charter Article 50 and human rights.
The Commission can only deal with a matter submitted to it after
making sure that all local remedies, if they exist, have been
exhausted, unless it is obvious to the Commission that the procedure
of achieving these remedies would be unduly prolonged.
African (Banjul) Charter Article 51 and human rights.
1. The Commission may ask the States concerned to provide it with
all relevant information.
2. When the Commission is considering the matter, States concerned
may be represented before it and submit written or oral
representation.
African (Banjul) Charter Article 52 and human rights.
After having obtained from the States concerned and from other
sources all the information it deems necessary and after having
tried all appropriate means to reach an amicable solution based on
the respect of Human and Peoples' Rights, the Commission shall
prepare, within a reasonable period of time from the notification
referred to in 48, a report stating the facts and its findings. This
report shall be sent to the States concerned and communicated to the
Assembly of Heads of State and Government.
African (Banjul) Charter Article 53 and human rights.
While transmitting its report, the Commission may make to the
Assembly of Heads of State and Government such recommendations as it
deems useful.
African (Banjul) Charter Article 54 and human rights.
The Commission shall submit to each ordinary Session of the Assembly
of Heads of State and Government a report on its activities.
Other Communications
African (Banjul) Charter Article 55 and human rights.
1. Before each Session, the Secretary of the Commission shall make a
list of the communications other than those of States parties to the
present Charter and transmit them to the members of the Commission,
who shall indicate which communications should be considered by the
Commission.
2. A communication shall be considered by the Commission if a simple
majority of its members so decide.
African (Banjul) Charter Article 56 and human rights.
Communications relating to human and peoples' rights referred to in
55 received by the Commission, shall be considered if they:
1. Indicate their authors even if the latter request anonymity,
2. Are compatible with the Charter of the Organization of African
Unity or with the present Charter,
3. Are not written in disparaging or insulting language directed
against the State concerned and its institutions or to the
Organization of African Unity,
4. Are not based exclusively on news discriminated through the mass
media,
5. Are sent after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged,
6. Are submitted within a reasonable period from the time local
remedies are exhausted or from the date the Commission is seized of
the matter, and
7. Do not deal with cases which have been settled by these States
involved in accordance with the principles of the Charter of the
United Nations, or the Charter of the Organization of African Unity
or the provisions of the present Charter.
African (Banjul) Charter Article 57 and human rights.
Prior to any substantive consideration, all communications shall be
brought to the knowledge of the State concerned by the Chairman of
the Commission.
African (Banjul) Charter Article 58 and human rights.
1. When it appears after deliberations of the Commission that one or
more communications apparently relate to special cases which reveal
the existence of a series of serious or massive violations of human
and peoples' rights, the Commission shall draw the attention of the
Assembly of Heads of State and Government to these special cases.
2. The Assembly of Heads of State and Government may then request
the Commission to undertake an in-depth study of these cases and
make a factual report, accompanied by its findings and
recommendations.
3. A case of emergency duly noticed by the Commission shall be
submitted by the latter to the Chairman of the Assembly of Heads of
State and Government who may request an in-depth study.
African (Banjul) Charter Article 59 and human rights.
1. All measures taken within the provisions of the present Chapter
shall remain confidential until such a time as the Assembly of Heads
of State and Government shall otherwise decide. . . .
3. The report on the activities of the Commission shall be published
by its Chairman after it has been considered by the Assembly of
Heads of State and Government.
African Charter on Human and Peoples' Rights known as Banjul
Article 60 onwards give Applicable Principles called
chapter 4:-
African (Banjul) Charter Article 60 and human rights.
The Commission shall draw inspiration from international law on
human and peoples' rights, particularly from the provisions of
various African instruments on human and peoples' rights, the
Charter of the United Nations, the Charter of the Organization of
African Unity, the Universal Declaration of Human Rights, other
instruments adopted by the United Nations and by African countries
in the field of human and peoples' rights as well as from the
provisions of various instruments adopted within the Specialized
Agencies of the United Nations of which the parties to the present
Charter are members.
African (Banjul) Charter Article 61 and human rights.
The Commission shall also take into consideration, as subsidiary
measures to determine the principles of law, other general or
special international conventions, laying down rules expressly
recognized by member states of the Organization of African Unity,
African practices consistent with international norms on human and
people's rights, customs generally accepted as law, general
principles of law recognized by African states as well as legal
precedents and doctrine.
African (Banjul) Charter Article 62 and human rights.
Each state party shall undertake to submit every two years, from the
date the present Charter comes into force, a report on the
legislative or other measures taken with a view to giving effect to
the rights and freedoms recognized and guaranteed by the present
Charter. . . .
African Banjul Charter- Banjul Charter Right
African Banjul Charter, Banjul
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