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Chapter 25: African Charter on Human and Peoples' Rights

Chapter 25: African Charter on Human and Peoples' Rights

pp. 219-230

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Edited by , University of Helsinki
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Summary

1520 UNTS 363

Concluded: 27 June 1981

In force: 21 October 1986

PART I RIGHTS AND DUTIES 220

CHAPTER I HUMAN AND PEOPLES’ RIGHTS 220

CHAPTER II DUTIES 224

PART II MEASURES OF SAFEGUARD 225

CHAPTER I ESTABLISHMENT AND ORGANIZATION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS 225

CHAPTER II MANDATE OF THE COMMISSION 226

CHAPTER III PROCEDURE OF THE COMMISSION 226

  • Communication from States 226

  • Other Communications 227

  • CHAPTER IV APPLICABLE PRINCIPLES 228

    PART III GENERAL PROVISIONS 229

    The African States members of the Organization of African Unity, parties to the present convention entitled “African Charter on Human and Peoples’ Rights”,

    Recalling Decision 115 (XVI) of the Assembly of Heads of State and Government at its Sixteenth Ordinary Session held in Monrovia, Liberia, from 17 to 20 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’ rights”;

    Considering the Charter of the Organization 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 coordinate and intensify their cooperation and efforts to achieve a better life for the peoples of Africa and to promote international cooperation having due regard to the Charter of the United Nations and the Universal Declaration of Human Rights;

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

    Recognizing on the one hand, that fundamental human rights stem from the attributes of human beings which justifies their national and 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 freedoms also implies the performance of duties on the part of everyone;

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