African Convention on Human

and People Rights, 1981

PRESENTED BY
MD: TAFAJJAL HUQUE SARKER TAPU
ID: 170170453
LLB (HON’S) SUMMER 2019
NORTHERN UNIVERSITY BANGLADESH
 Background

The African Charter on Human and Peoples Rights

(ACHPR), which is also commonly referred to as the
Banjul Charter, is an international instrument regarding
the human rights and freedoms of persons in the
continent of Africa, and is considered to be the African
counterpart to the European Convention on Human
Rights. It provides that persons have fundamental civil,
political, economic, social and cultural rights, and
contains 68 articles in total.
 Why Introduced

The ACHPR is unique in comparison to other

continental human rights protection instruments, as its
preamble makes specific mention of the need to
eradicate all forms of colonialism from Africa. More
controversially, the preamble also calls for the
eradication of Zionism, that is the movement which
desires the re-establishment of the Jewish people in the
land which currently forms part of Israel, alongside the
aided development and protection of a Jewish state, by
undertaking to eliminate colonialism, neo-colonialism,
apartheid, zionism .
 Aim
Many of the express rights provided for in the ACHPR
are typical of human rights charters, for instance, it is
provided that all persons have the right to freedom from
discrimination, the right to equality, the direct right to
life, the right to have dignity, freedom from slavery, and
freedom from inhuman treatment, the right to due
process and a fair trial, the right to freedom of religious
and cultural beliefs, the right to freedom of association,
the right to freedom of assembly, the right to freedom in
political association and participation, inter alia.
 Changes
The Charter helped establish the African Court of
Human and Peoples Rights, by virtue of Article 1 of the
Protocol to the African Charter on Human and Peoples
Rights, which was adopted in June 1998, and became
effective as of the 25th of January 2004. The Court is
empowered to make authoritative and legally binding
decisions on humans rights claims across Africa, a move
which has been much lauded by commentators. Its first
judgment was delivered in 2009 on Michelot
Yogogombaye v. The Republic of Senegal, to a positive
international reception.
 Key Sections

Per Article 2, all persons are entitled to enjoy the

rights found in the charter, regardless of any disparity:

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, colour, sex, language,
religion, political or any other opinion, national and
social origin, fortune, birth or any status.
Thanks
to All