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
Proposals for such a document date back at least to the 1961 Lagos conference. In 1979, a meeting of the Organisation of African Unity’s heads of state saw the adoption of a resolution requesting the drafting of a general human rights instrument, which resulted in the ACHPR. Following planning and drafting, the Charter was adopted on 27 June 1981 and came into effect on the 21st of October 1986. At present, there are 54 states which are party to the Charter.
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Significantly, 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’.
The ACHPR served to introduce a comprehensive human rights system to the African continent, following decades of conflict and strife between various groups, communities and states, and introduced grounds for accountability on a supra-national level.
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 of citizens to participate freely in government, inter alia. Articles 9 and 12 protect expression, access to information and movement; Articles 14–17 protect property, work under equitable and satisfactory conditions, equal pay for equal work, health, education and participation in cultural life.
The ACHPR also created the African Commission on Human and Peoples’ Rights which is tasked with promoting and protecting human and peoples’ rights and interpreting the Charter, and is headquartered in Banjul, Gambia. The nickname ‘the Banjul Charter’ reflects the drafting meetings held there before its adoption.
The ACHPR does not expressly enumerate every right found in European and American human rights instruments, for instance the right to privacy or a separately worded right to vote. Article 13 does, however, protect citizens’ participation in government directly or through freely chosen representatives. The Commission has also recognised rights implicit in other provisions: in SERAC v Nigeria (2001), Communication 155/96, it recognised rights to housing and food through the combined effect of other Charter rights. Significantly, the ACHPR also contained greater protections than its counterparts in some areas, for instance containing provisions for the protection of group rights (also known as collective rights or third-generation rights) alongside provisions for the protection of the rights of individuals. Per such rights, families are entitled to protection from the state, ‘peoples’ (in the plural) may enjoy a right to equality, the right to self-determination, the right to the free disposition of their wealth and resources, the right to development, the right to have peace and security and the right to a general satisfactory environment favourable to their development (Article 24). Article 18 also protects women, children, older persons and persons with disabilities.
Changes
The Charter helped establish the African Court on 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 human rights claims within its jurisdiction. Under Articles 3 and 7 of the Protocol, this covers the Charter, the Protocol and other relevant human rights instruments ratified by the states concerned. A state must be party to the Court Protocol; being party to the Charter alone is insufficient. Direct applications by individuals and relevant NGOs with observer status before the Commission require the respondent state’s declaration under Article 34(6). This additional declaration is not required for a referral by the Commission. Its first judgment was delivered on 15 December 2009 in Michelot Yogogombaye v. The Republic of Senegal, Application 001/2008. The Court held that it lacked jurisdiction because Senegal had not made that declaration. Under Articles 27 and 30, the Court may order remedies, including compensation or reparation, and states must comply with judgments in cases to which they are parties.
Notably, the Charter also introduced a state reporting mechanism: Article 62 requires each state party to report every two years on legislative or other measures giving effect to Charter rights. Complaints are a separate mechanism. Articles 47–54 govern communications from states, while Articles 55–56 allow other communications, including those from individuals and NGOs. Article 56 sets admissibility conditions, including identification of the author, exhaustion of available local remedies unless unduly prolonged, and submission within a reasonable period. The Commission considers alleged violations and makes findings and recommendations; it is distinct from the Court.
The Charter has been supplemented by other regional human rights instruments under Article 66. These include the Protocol on the Rights of Women in Africa (the Maputo Protocol), in force since 25 November 2005, and the Protocols on the Rights of Persons with Disabilities and Older Persons, which entered into force on 3 May 2024 and 6 November 2024 respectively. These protocols bind their respective states parties; ratification of the Charter does not itself make a state party to every protocol.
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 recognised 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.’
Article 1 requires states parties to recognise the Charter’s rights, duties and freedoms and to adopt legislative or other measures to give effect to them. Articles 25–26 require human rights education and protection of judicial independence. The Charter also imposes individual duties: Articles 27–29 concern responsibilities towards family, society, the state and the international community, respect for others, and duties including work and payment of lawfully imposed taxes. Rights must be exercised with due regard to the rights of others, collective security, morality and the common interest. The Charter contains no general clause permitting derogation during a public emergency.
Last updated: 11 November 2026
