Keywords

Article 1 Obligations of State Parties

• Non-derogation of Charter rights (3)
• Obligation of result
• Obligation to fulfil (26)
• Obligation to promote (2)
• Obligation to protect (6)
• Obligations of Member States (6)

Article 2 Freedom from Discrimination

• Grounds of any status (8)
• Grounds of birth (1)
• Grounds of colour (3)
• Grounds of ethnic group (6)
• Grounds of fortune
• Grounds of language (3)
• Grounds of national and social origin (12)
• Grounds of political or any other opinion (18)
• Grounds of race (3)
• Grounds of religion (3)
• Grounds of sex (7)

Article 3 Right to Equality before the law and equal protection of the law

• 3.1 Equality before the law (36)
• 3.2 Equal protection of the law (36)

Article 4 Right to Life

• Moratorium on death penalty (1)
• Right to food (13)
• assassinations (10)
• death penalty (12)
• execution (7)
• extra-judicial executions (10)
• massacre (3)

Article 5 Prohibition of Torture and Inhuman Treatment

• Cruel inhuman or degrading punishment (2)
• Cruel inhuman or degrading treatment (58)
• Rape (8)
• Respect for human dignity (3)
• Slave trade
• Slavery (4)
• Torture (31)
• adultery
• beatings (4)
• corporal punishment
• harassment (6)
• inhuman conditions of detention (3)
• stoning
• strip searches (1)

Article 6 Right to Personal Liberty and Protection from Arbitrary Arrest

• Definition of arbitrary
• Right to liberty and security of the person (18)
• arbitrary detention (71)
• detention without trial (8)
• disappearance (2)
• harassment (3)
• illegal arrest (54)
• incommunicado detention (5)

Article 7 Right to Fair Trial

• 7 right to fair trial (8)
• 7.1 Right to have one’s cause heard (13)
• 7.1 due process (6)
• 7.1.a Right to appeal (30)
• 7.1.b Presumption of innocence (9)
• 7.1.c Right to defence (14)
• 7.1.c Right to legal aid (11)
• 7.1.d Competency of military, special and ad hoc tribunals (10)
• 7.1.d Conditions for impartiality test of tribunals (2)
• 7.1.d Effect of ouster clauses (18)
• 7.1.d Right to trial in reasonable time (9)
• 7.2 Prohibition of retroactive laws and punishments (5)
• tried in absentia

Article 8 Right to Freedom of Conscience

• Right to practice religion (3)
• Valid restrictions to exercise of this right

Article 9 Right to Information

• 9.1 Right to receive information (24)
• 9.2 Excessive restriction of rights
• 9.2 Freedom to disseminate ideas (19)
• 9.2 Right to free expression (43)
• 9.2 Valid limitations to rights
• journalists (5)
• operation licenses (2)
• radio stations (2)
• televisions stations (1)

Article 10 Freedom of Association

• 10.1 Free association (22)
• 10.1 Valid limitation of right
• 10.1 excessive restriction of rights
• outlawing political parties

Article 11 Freedom of Assembly

• Excessive limitation of rights demonstration
• Freedom of assembly (16)
• Valid limitations to rights

Article 12 Freedom of Movement

• 12.1 Freedom of residence (5)
• 12.1 Valid restrictions to this right
• 12.1 deportations of individuals (1)
• 12.1 freedom of movement (22)
• 12.2 right to leave a country (10)
• 12.3 right to seek asylum (3)
• 12.4 State right to regulate movement of foreign nationals (1)
• 12.4 Validity of deportations (9)
• 12.4 right to challenge deportation in court (1)
• 12.5 Prohibition of mass forcible expulsions (7)

Article 13 Right to Participate in Government

• 13.1 Citizen’s right to participate in government (19)
• 13.1 value of elections in preserving rights
• Right to vote (5)

Article 14 Right to Property

• Extent of charter right
• Valid limitations to the right
• looting (4)
• property destruction (2)

Article 15 Right to Work

• discriminatory dismissal (1)
• dismissal (4)
• right to practice a profession (1)

Article 16 Right to Health

• 16.1 Extent of right
• Mental Health Care
• Right to Health (1)

Article 17 Right to Education

• Right to Education (2)
• closure of universities

Article 18 Protection of the Family and Vulnerable Groups

• 18 Protection of the Family and Vulnerable Groups

Article 19 Right of All Peoples to Equality and Rights

• 19 Right of All Peoples to Equality and Rights

Article 20 Right to Self-Determination

• Right to self-determination (8)

Article 21 Right to Free Disposal of Wealth and Natural Resources

• 21 Right to Free Disposal of Wealth and Natural Resources (1)

Article 22 Right to Economic, Social and Cultural Development

• 22 Right to Economic, Social and Cultural Development (1)

Article 23 Right to National and International Peace and Security

• 23 Right to National and International Peace and Security

Article 24 Right to a General Satisfactory Environment

• 24 Right to a General Satisfactory Environment

Article 25 State Duty to Promote Human Rights

• 25 State Duty to Promote Human Rights (3)

Article 26 State Duty to guarantee Independence of the Courts and Establish National Human Rights Institutions

• corruption in the judiciary
• separation of powers (1)

Article 27 Duty to Family, Society and State, and Justifiable Limitation to Charter Rights

• 27 Duty to Family, Society and State, and Justifiable Limitation to Charter Rights

Article 28 Duty to Non-discrimination and Respect for Human Beings

• 28 Duty to Non-discrimination and Respect for Human Beings

Article 29 Duty to Serve Family, the National Community

• 29 Duty to Serve Family, the National Community

Article 30 Establishment of the African Comission on Human and Peoples’ Rights

• Establishment of the African Comission on Human and Peoples’ Rights (1)

Article 31 Composition of the African Commission on Human and Peoples’ Rights

• 31 Composition of the African Commission on Human and Peoples’ Rights

Article 32 National Diversity of Commissioners

Article 33 Election of Commissioners

Article 34 Nomination of Candidates for the African Commission

Article 35 Role of the Secretary General of the Organisation of African Unity in Election of Commissioners

Article 36 Term of Office of Commissioners

Article 37 Determination of Rotational Retirement of Commissioners

Article 38 Solemn Declaration of Duty by New Commissioners

Article 40 Succession of Commissioners

Article 41 Secretary and Secretariat of the African Commission

• 41 Secretary and Secretariat of the African Commission

Article 42 Bureau, Procedure, Quorum and Voting in the Commission

Article 43 Diplomatic Privileges and Immunities

Article 44 Emoluments and Allowances

• 44 Emoluments and Allowances

Article 45 Functions of the Commission

• 45 Functions of the Commission

Article 46 Conduct of African Commission Investigations

• 46 Conduct of African Commission Investigations

Article 47 Inter-State Communications Procedure I – Bilateral Negotiation

• Declaration of Principles of International Law Concerning Friendly Relations and Cooperation among States
• aggression
• armed rebel groups
• crimes against humanity
• international armed conflict

Article 48 Inter-State Communications Procedure I – Failed Bilateral Negotiation and Submission to African Commission

• 48 Inter-State Communications Procedure I – Failed Bilateral Negotiation and Submission to African Commission

Article 49 Inter-State Communications Procedure II – Direct Referral to African Commission

• 49 Inter-State Communications Procedure II – Direct Referral to African Commission

Article 50 Inter-State Communications - Exhaustion of Local Remedies

• 50 Inter-State Communications - Exhaustion of Local Remedies (1)

Article 51 Inter-State Communications - State Representation before the Commission

Article 52 Inter-State Communications - Report on the Communication

• 52 Inter-State Communications - Report on the Communication

Article 53 Inter-State Communications - Recommendations of the Commission

Article 54 Report on the Activities of the African Commission

• 54 Report on the Activities of the African Commission

Article 55 “Other” Communications

• ACmHPR competence rationae materea (2)
• ACmHPR competence rationae personae (1)
• Group of victims
• Locus standi (1)
• actio popularis
• ratione loci (1)

Article 56 Admissibility

• 56.1 must indicate the author, even if the author wants to remain anonymous (1)
• 56.2 against a State party to the Charter
• 56.2 must allege prima facie violations (1)
• 56.2 must be compatible with the AU Constitutive Act and with the ACHPR (1)
• 56.2 rationae temporis violations (2)
• 56.3 State must show “the detrimental effect” of insulting language
• 56.3 prohibition of insulting language
• 56.3 rule should not defeat legitimate criticism
• 56.4 must not be based exclusively on news disseminated from the media
• 56.5 ACmHPR exception to the rule: serious and massive violations
• 56.5 Available remedies must be exhausted (5)
• 56.5 Charter exception to exhaustion rule: existence (1)
• 56.5 Charter exception to exhaustion rule: undue prolongation
• 56.5 Effective remedies must be exhausted
• 56.5 Sufficient remedies must be exhausted
• 56.5 Valid remedy can only be judicial
• 56.5 non-exhaustion of local remedies (2)
• 56.6 must be submitted within a reasonable time from the date of exhaustion of domestic remedies (2)
• 56.7 The communication does not deal with cases which have been settled in accordance with the principles of the UN Charter, the AU Constitutive Act or the ACHPR. (1)

Article 57 Notification of Submitted Communication

• 57 Notification of Submitted Communication (2)

Article 58 Serious and Massive Violations

• Referral to AU Assembly (2)
• Serious or massive violations (14)

Article 59 Confidentiality and Publication of Reports

• 59 Confidentiality and Publication of Reports

Article 60 Inspiration from Other Human Rights Systems and instruments

• 1951 UN Convention on the Status of Refugees
• American Convention on Human Rights (Pact of San Jose)
• Charter of the United Nations
• Convention on the Elimination of All Forms of Discrimination against Women
• Declaration of Principles of International Law Concerning Friendly Relations and Cooperation among States
• European Convention for the Protection of Human Rights and Fundamental Freedoms (2)
• European Court of Human Rights (1)
• General Comments of Committee on Economic, Social and Cultural Rights
• General Comments of Human Rights Committee
• Geneva Conventions of 1949
• Inter-American Commission of Human Rights
• Inter-American Court of Human Rights
• International Court of Justice
• International Covenant on Civil and Political Rights (ICCPR )
• International Covenant on Economic, Social and Cultural Rights (ICESCR)

Article 61 Subsidiary Measures

• 61 Subsidiary Measures

Article 62 State Reporting Obligations

• 62 State Reporting Obligations

Article 63 Signature, Ratification and Adherence

Article 64 Entry into Force of the Charter

Article 65 Late Ratification and Adherence

Article 66 Special Protocols and Agreements

Article 67 Deposit of Instruments of Ratification

Article 68 Amendment of the African Charter