Preface
The jurisprudence of the African Commission on Human and Peoples’ Rights (the Commission) has widely recognized the right to life
as a foundational right. Without the right to life, other rights cannot
be implemented.
General Comment No. 3 on the African Charter on Human and
Peoples’ Rights on the right to life, protected by article 4 of the Charter, is founded on this fundamental character of the right to life and
the necessity to focus on this right.
The Commission is hence pleased to present General Comment
No. 3 on the African Charter on Human and Peoples’ Rights on
the right to life (Article 4), drafted by the Working Group on the
Death Penalty and Extrajudicial, Summary or Arbitrary Killings in
Africa (the Working Group).
The Working Group decided, in July 2014, to work on a General
Comment on the right to life as recognised in Article 4 of the African
Charter in light of the Declaration of the Continental Conference on
the Abolition of the Death Penalty in Africa (the Cotonou Declaration), noted in the report of the African Union Executive Council
(Doc. Ex.CL/921(XXVII)).
The Working Group has been a focal point for the African Commission over many years on the question of the death penalty, but as
more and more African States move progressively away from that
barbaric and ineffective form of criminal justice, it is important for
the Working Group also to underline the many other threats posed to
the right to life, as reflected in the present general comment.
The African Commission hopes that this General Comment provides States, National Human Rights Institutions and civil society a
useful guide to the range of application of Article 4 of the African
Charter, and assures them full collaboration as we work for the better
protection of the right to life in Africa.
The African Commission is very grateful for the valuable contributions from members of the Working Group and experts to the text,
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