May 5, 2024

Human Rights and Legal Research Centre

Strategic Communications for Development

African Charter on Human and Peoples’ Rights, Every individual shall be equal before the law

3 min read

The African Charter on Human and Peoples’ Rights was adopted on 27  June 1981 and entered into force on 21 October 1986. The charter has so far been adopted by the African States. Read the full text below

Preamble: The African States members of the Organisation of African Unity, parties to the present convention entitled “African Charter on Human and Peoples’ Rights                           “.

Recalling Decision 115 (CXV) of the Assembly of Heads of State and Government at its Sixteenth Ordinary

Session held in Monrovia, Liberia, from 17th to 20th July, 1979 on the preparation of “a preliminary draft on an African Charter on Human and Peoples’ Rights providing inter alia for the establishment of bodies to promote and protect human and peoples’ fights”;

Considering the Charter of the Organisation of African Unity, which stipulates that “freedom, equality, justice and dignity are essential objectives for the achievement of the legitimate aspirations of the African peoples”;

Reaffirming the pledge, they solemnly made in Article 2 of the said Charter to eradicate all forms of colonialism from Africa, to co-ordinate and intensify their co-operation and efforts to achieve a better life for the peoples of Africa and to promote international co-operation having due regard to the Charter of United Nations and the Universal Declaration of Human Rights;

Taking into consideration the virtues of their historical tradition and the values of African civilisation which should inspire and characterise their reflection on the concept of human peoples’ rights;

Recognising on the one hand, that fundamental human rights stem from the attributes of human beings, which justifies their international protection and on the other hand that the reality and respect of peoples’ rights should necessarily guarantee human rights;

Considering that the enjoyment of rights and freedom also implies the performance of duties on the part of everyone;

Convinced that it is henceforth essential to pay particular attention to the right to development and that civil and political rights cannot be dissociated from economic, social and cultural rights in their conception as well as universality and that the satisfaction of economic, social and cultural rights is a guarantee for the enjoyment of civil and political rights;

Conscious of their duty to achieve the total liberation of Africa, the peoples of which are still struggling for their dignity and genuine independence, and undertaking to eliminate colonialism, neo-colonialism, apartheid, Zionism and to dismantle aggressive foreign military bases and all forms of discrimination, particularly those based on race, ethnic group, colour, sex, language, religion or political opinion;

Reaffirming their adherence to the principles of human and peoples’ rights and freedom contained in the declarations, conventions and other instruments adopted by the Organisation of African Unity, the Movement of Non-Aligned Countries and the United Nations;

Firmly Convinced of their duty to promote and protect human and peoples’ rights and freedom taking into account the importance traditionally attached to these rights and freedom in Africa;

Have agreed as follows: read or download the document through the link below: AFRICAN-BANJUL-CHARTER-ON-HUMAN-AND-PEOPLES-RIGHTS (1)

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