Pretoria University Law Press (PULP)

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Pocket-size commemorative edition on the occasion of the 30th anniversary of the adoption of the African Charter on Human and Peoples’ Rights 1981 - 2011

Pocket-size commemorative edition on the occasion of the 30th anniversary of the adoption of the African Charter on Human and Peoples’ Rights 1981 - 2011
2011
ISBN: 978-0-9869857-5-1
Pages: 87
Print version: Available
Electronic version: Free PDF available

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About the publication

African Charter on Human and Peoples’ Rights (1981/1986)
Also sometimes called the ‘Banjul Charter’, the African Charter was adopted by the OAU in Nairobi, Kenya, on 27 June 1981 and entered into force on 21 October 1986. The Charter is the pivotal human rights instrument of the OAU/ AU. It recognises individual rights as well as peoples’ rights, rights and duties, and some socio-economic rights, in addition to civil and political rights. The supervisory mechanism created by the Charter is the African Commission on Human and Peoples’ Rights, which had its first meeting in 1987. The Commission is now being supplemented with an African Human Rights Court. The Commission’s mandate includes the review of periodic state reports on the implementation of the Charter by state parties. The Commission also has the power to review individual and inter-state complaints. All AU members are state parties to the African Charter.

Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
Adopted in Maputo, Mozambique on 11 July 2003 and entered into force on 25 November 2005. By the end of May 2011, 30 states have become party to this Protocol.

Rules of Procedure of the African Commission on Human and Peoples’ Rights
These rules have been revised by the African Commission on Human and Peoples' Rights during its 47th Ordinary Session held in Banjul, The Gambia, from 12 to 26 May 2010 and entered into force 18 August 2010. These Rules of Procedure replace the previous Rules of Procedure of the African Commission on Human and Peoples' Rights, which were adopted during its 2nd Ordinary Session held in Dakar, Senegal, from 8 to 13 February 1988 and revised during the 18th Ordinary Session held in Praia, Cape Verde, from 2 to 11 October 1995.


Table of Contents

Preamble
PART I: RIGHTS AND DUTIES

  • CHAPTER I: Human and Peoples' Rights
  • CHAPTER II: Duties 

PART II: MEASURES OF SAFEGUARD 

  • CHAPTER I: Establishment and organisation of the African Commission on Human and Peoples' Rights 
  • CHAPTER II: Mandate of the Commission 
  • CHAPTER III: Procedure of the Commission 
    Communication from states 
    Other communications 
  • CHAPTER IV: Applicable principles 

PART III: GENERAL PROVISIONS
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa

  • Article 1: Definitions
  • Article 2: Elimination of discrimination against women 
  • Article 3: Right to dignity 
  • Article 4: The rights to life, integrity and security of the person 
  • Article 5: Elimination of harmful practices 
  • Article 6: Marriage 
  • Article 7: Separation, divorce and annulment of marriage 
  • Article 8: Access to justice and equal protection before the law 
  • Article 9: Right to participation in the political and decision-making process
  • Article 10: Right to peace 
  • Article 11: Protection of women in armed conflicts 
  • Article 12: Right to education and training 
  • Article 13: Economic and social welfare rights 
  • Article 14: Health and reproductive rights 
  • Article 15: Right to food security 
  • Article 16: Right to adequate housing 
  • Article 17: Right to positive cultural context 
  • Article 18: Right to a healthy and sustainable environment
  • Article 19: Right to sustainable development 
  • Article 20: Widows’ rights
  • Article 21: Right to inheritance
  • Article 22: Special protection of elderly women 
  • Article 23: Special protection of women with disabilities 
  • Article 24: Special protection of women in distress 
  • Article 25: Remedies 
  • Article 26: Implementation and monitoring 
  • Article 27: Interpretation 
  • Article 28: Signature, ratification and accession 
  • Article 29: Entry into force 
  • Article 30: Amendment and revision 
  • Article 31: Status of the present protocol 
  • Article 32: Transitional provisions 

Rules of Procedure of the African Commission on Human and Peoples’ Rights
PRELIMINARY PROVISIONS
PART 1: GENERAL RULES

  • CHAPTER I: Status and composition
  • CHAPTER II: Membership 
  • CHAPTER III: Bureau of the Commission 
  • CHAPTER IV: Secretariat to the Commission 
  • CHAPTER V: Subsidiary mechanisms 
  • CHAPTER VI: Sessions 
  • CHAPTER VII: Agenda 
  • CHAPTER VIII: Language 
  • CHAPTER IX: Records and reports 
  • CHAPTER X: Conduct of business 
  • CHAPTER XI: Voting 
  • CHAPTER XII: Motions and proposals 
  • CHAPTER XIII: Reports of the Commission 
  • CHAPTER XIV: Relationships with state parties, intergovernmental institutions, national human rights institutions, non-governmental organisations, and other partners 

PART 2: PROMOTION ACTIVITIES

  • CHAPTER I: General provisions
  • CHAPTER II: The state reporting procedure under article 62 of the Charter 

PART 3: PROTECTION ACTIVITIES  

  • CHAPTER I: Matters of emergency
  • CHAPTER II: Protection missions 
  • CHAPTER III: Consideration of communications 
    SECTION 1: General Provisions 
    SECTION 2: Consideration of communications received in conformity with article 47 of the Charter: Communications-negotiations of states parties 
    SECTION 3: Consideration of communications received under articles 48 & 49 of the Charter: Communications-complaints of states parties 
    SECTION 4: Consideration of communications received in conformity with article 55 of the African Charter: Other communications 
    SUB-SECTION 1: General provisions 
    SUB-SECTION 2: Procedure on admissibility 
    SUB-SECTION 3: Procedure for the consideration of communications on the merits 

PART 4: RELATIONSHIP WITH THE AFRICAN COURT

  • CHAPTER I: General provisions

PART 5: RELATIONSHIP WITH OTHER AFRICAN UNION ORGANS, INSTITUTIONS, AND PROGRAMMES
PART 6: FINAL PROVISIONS


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