African Charter on Human and Peoples' Rights
The African Charter on Human and Peoples' Rights is a treaty adopted in 1981 that promotes and protects human rights in Africa by addressing the continent's specific needs. It recognizes a broad range of rights, including both individual civil and political rights and collective economic, social, and cultural rights. The charter led to the establishment of the African Commission on Human and Peoples' Rights, which works with the African Court to ensure its implementation.
Key Provisions
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Focus on context: The charter was created to address the unique challenges and historical injustices faced by African nations, such as colonialism.
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Recognition of collective rights: It uniquely includes "peoples' rights," or collective rights, such as the right to self-determination and the right to a satisfactory environment for development.
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Broad rights coverage: It encompasses a wide range of rights, including civil, political, economic, social, and cultural rights.
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Emphasis on duties: In addition to rights, it outlines individual and state duties, reflecting the importance of family and community.
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Implementation: The charter is overseen by the African Commission on Human and Peoples' Rights and the African Court on Human and Peoples' Rights, which are organs of the African Union.
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How it works
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It provides a regional legal framework for human rights, creating supranational accountability among African states.
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It defines the responsibilities of states and individuals to ensure human rights are respected and promoted.
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It contributes to the African Union's Agenda 2063 by strengthening respect for human rights and fostering development.
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Legal standing is broad, allowing individuals, states, and NGOs to bring complaints to the African Commission.