African Charter on Human and Peoples' Rights
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
African Charter on Human and Peoples' Rights
Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them
African Charter on Human and Peoples' Rights
Article 26States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter.
African Charter on Human and Peoples' Rights
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.
African Charter on Human and Peoples' Rights
Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them
African Charter on Human and Peoples' Rights
Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter.
African Charter on Human and Peoples' Rights
Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,
African Charter on Human and Peoples' Rights
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.
African Charter on Human and Peoples' Rights
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.
African Charter on Human and Peoples' Rights
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
African Charter on Human and Peoples' Rights
Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.
African Charter on Human and Peoples' Rights
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.
African Charter on Human and Peoples' Rights
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
African Charter on Human and Peoples' Rights
Article 26States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter
Constitutive Act of the African Union
rticle3ObjectivesTheobjectivesofthe Union shallbeto:(a) achievegreaterunity and solidaritybetweenthe African countriesandthe peoplesofAfrica(b) defend the sovereignty,territorial integrityand independenceofits Member States;(c) acceleratethe politicaland socio-economicintegration of the continent;(d) promoteand defendAfrican commonpositionson 1ssues ofinteresttothe continentanditspeoples;(e) encourageinternationalcooperation,takingdueaccount of the Charterof the United Nationsand the Universal DeclarationofHumanRights;(f)promotepeace,security,and stabilityon the continent;(g) promote democraticprinciples andinstitutions, popular participationandgoodgovernance;(h) promote and protect human and peoples' rights in accordance with the African Charter on Human and Peoples'Rights and other relevant human rights instruments;(i) establish the necessary conditions which enable the continentto play its rightfulrole 1n the global economy andininternationalnegotiations;
African Charter on Human and Peoples' Rights
Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them
Communication 155/96 - Social and Economic Rights Action Center (SERAC) et Center for Economic and Social Rights (CESR) c. Nigeria
African Charter on Human and Peoples' Rights
15Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter,
307/05 Obert Chinhamo v Zimbabwe
African Charter on Human and Peoples' Rights
Article 45The functions of the Commission shall be: 1.To promote Human and Peoples' Rights and in particular: (a)To collect documents, undertake studies and researches on African problems in the field of human and peoples' rights, organize seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights, and should the case arise, give its views or make recommendations to Governments. (b)To formulate and lay down, principles and rules aimed at solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments may base their legislations. (c)Co-operate with other African and international institutions concerned with the promotion and protection of human and peoples' rights. 2. Ensure the protection of human and peoples' rights under conditions laid down by the present Charter. 3. Interpret all the provisions of the present Charter at the request of a State party, an institution of the OAU or an African Organization recognized by the OAU. 4. Perform any other tasks which may be entrusted to it by the Assembly of Heads of State and Government.
African Charter on Human and Peoples' Rights
Article 551.Before each Session, the Secretary of the Commission shall make a list of the communications other than those of States parties to the present Charter and transmit them to the members of the Commission, who shall indicate which communications should be considered by the Commission. 2.A communication shall be considered by the Commission if a simple majority of its members so decide.
African Charter on Human and Peoples' Rights
Article 551.Before each Session, the Secretary of the Commission shall make a list of the communications other than those of States parties to the present Charter and transmit them to the members of the Commission, who shall indicate which communications should be considered by the Commission. 2.A communication shall be considered by the Commission if a simple majority of its members so decide.
African Charter on Human and Peoples' Rights
Article 551.Before each Session, the Secretary of the Commission shall make a list of the communications other than those of States parties to the present Charter and transmit them to the members of the Commission, who shall indicate which communications should be considered by the Commission. 2.A communication shall be considered by the Commission if a simple majority of its members so decide
African Charter on Human and Peoples' Rights
Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter
African Charter on Human and Peoples' Rights
Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,
African Charter on Human and Peoples' Rights
Article 551.Before each Session, the Secretary of the Commission shall make a list of the communications other than those of States parties to the present Charter and transmit them to the members of the Commission, who shall indicate which communications should be considered by the Commission. 2.A communication shall be considered by the Commission if a simple majority of its members so decide.
Constitutive Act of the African Union
Article 4PrinciplesThe Unionshallfunctionin accordancewith the following principles:(a)sovereignequalityand interdependence among MemberStatesofthe Union;(b) respect of borders existing on achievement of independence;(c)participationofthe African peoplesin theactivitiesoftheUnion;(d)establishmentofacommondefencepolicy for the AfricanContinent;l--------------------------------------------------------------
Communication 266/03 - Kevin Mgwanga Gunme et al c. Cameroun
Communication 155/96 - Social and Economic Rights Action Center (SERAC) et Center for Economic and Social Rights (CESR) c. Nigeria
African Charter on Human and Peoples' Rights
Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter,
African Charter on Human and Peoples' Rights
15Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,
151/96 Civil Liberties Organisation v Nigeria
137/94-139/94-154/96-161/97 International PEN, Constitutional Rights Project, Civil Liberties Organisation and Interrights (on behalf of Ken Saro-Wiwa Jnr) v Nigeria
245/02 Zimbabwe Human Rights NGO Forum v Zimbabwe
Rules of Procedure of the African Commission on Human and People's Rights
Rule 108 ProceedingsOnce a Communication has been 1. declared admissible, the Commission shall set a period of sixty (60) days for the Complainant to submit observations on the merits. These observations shall be transmitted to the State Party concerned for the submission of its observations within sixty (60) days
Rules of Procedure of the African Commission on Human and People's Rights
ule 113 Extension of timeSubject to the provisions of Rule 1. 111, when a deadline is fixed for a particular submission, either party may apply to the Commission for extension of the period stipulated.The Commission may grant an 2. extension which shall not exceed one (1) month, and shall not grant more than one extension per party for any given submission.
260/02 Bakweri Land Claims Committee v Cameroon
Communication 284/03 - Zimbabwe Lawyers for Human Rights & Associated Newspapers of Zimbabwe c. Zimbabwe.
81.The current communication is submitted pursuant to Article 55 of the African Charter which allows the African Commission to receive and consider communications, other than from States Parties.Article 56 of the African Charter provides that the admissibility of a communication submitted pursuant to Article 55 is subject to seven conditions2. The African Commission has stressed that the conditions laid down in Article 56 are conjunctive, meaning that, if any one of them is absent, the communication will be declared inadmissible.3
299/05 Anuak Justice Council v Ethiopia
44. The current communication is submitted pursuant to Article 55 of the African Charter which allows theAfrican Commission to receive and consider communications, other than from States Parties. Article 56 ofthe African Charter provides that the admissibility of a communication submitted pursuant to Article 55 issubject to seven (7) conditions. The African Commission has stressed that the conditions laid down inArticle 56 are conjunctive, meaning that if any one of them is absent, the communication will be declared5 inadmissible
75/92 : Congrès du peuple katangais / DRC
Communication 266/03 - Kevin Mgwanga Gunme et al c. Cameroun
38.On 13 August 2004, the Secretariat of the African Commission received a correspondence from the Respondent State, which was forwarded to the Complainant on 26 August 2004.
5/88 Prince J N Makoge v USA
1/88 Frederick Korvah v Liberia
97/93_14AR John K. Modise v Botswana
35/89 Seyoum Ayele v Togo
2.The Commission decided that the allegation was vague and the communication inadmissible underArticle 56of the Charter.
Communication 155/96 - Social and Economic Rights Action Center (SERAC) et Center for Economic and Social Rights (CESR) c. Nigeria
129/94 - Civil Liberties Organisation v Nigeria
137/94-139/94-154/96-161/97 International PEN, Constitutional Rights Project, Civil Liberties Organisation and Interrights (on behalf of Ken Saro-Wiwa Jnr) v Nigeria
245/02 Zimbabwe Human Rights NGO Forum v Zimbabwe
50. However, the Commission is of the opinion that there are no domestic remedies available to all thepersons referred to in Appendix 1, who as victims, were effectively robbed of any remedies that might havebeen available to them by virtue of Clemency Order No 1 of 2000. The Clemency Order granted pardon toevery person liable to criminal prosecution for any politically motivated crime committed between 1 January2000 and July 2000. The Order also granted a remission of the whole or remainder of the period ofimprisonment to every person convicted of any politically motivated crime committed during the statedperiod.