The African Charter on Human and Peoples' Rights, adopted in 1981 by the Organization of African Unity, makes no mention of the death penalty, in contrast with the regional conventions of the European and American systems. Whether the drafters of the African Charter intentionally omitted reference to the death penalty and what conclusions are to be drawn from such an omission are questions to which we cannot provide a thorough answer, because of the paucity of available materials on the drafting history. Like the other instruments, of course, the African Charter provides for a right to life, for a protection against inhuman treatment, and for procedural safeguards in criminal proceedings. According to article 4 of the Charter, no individual may be deprived ‘arbitrarily’ of life. It declares:

One scholar, Etienne-Richard Mbaya, has written that article 4 of the African Charter permits the death penalty, which is widespread in Africa, providing it is imposed in accordance with the law. It would be wrong to exaggerate the scope of capital punishment in Africa, however. Leaving aside the Arab States north of the Sahara, nearly half of African States have stopped using the death penalty and many have abolished it de jure. South Africa set the tone when its Constitutional Court, in 1995, declared capital punishment to be contrary to the country's interim constitution.