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African Charter On Human And Peoples’ Rights - Education - Nairaland

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African Charter On Human And Peoples’ Rights by PREAWIN: 11:42am On Jun 04, 2018
The main purpose of this topic is to bring to your notice that there are some provisions in the African Charter which are not present in the Nigerian Constitution, or even in the Universal Declaration of Human Rights. So, when you read the constitutional provisions on human rights, please read it along with the African Charter, to brighten your horizon on the boundless provisions on your fundamental rights. Remember particularly that I have stated that the African Charter is now part of Nigerian laws. So, you are entitled to cite its provisions in any court of law or legal argument about your rights.
Here, as follows, is the full text of the African Charter, Part I:

AFRICAN (BANJUL) CHARTER ON HUMAN AND PEOPLES’ RIGHTS
(Adopted 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force 21 October 1986)

Preamble
The African States members of the Organization of African Unity, parties to the present
convention entitled “African Charter on Human and Peoples’ Rights”,

Recalling Decision 115 (XVI) of the Assembly of Heads of State and Government at its
Sixteenth Ordinary Session held in Monrovia, Liberia, from 17 to 20 July 1979 on the
preparation of a “preliminary draft on an African Charter on Human and Peoples’ Rights
providing inter alia for the establishment of bodies to promote and protect human and
peoples’ rights”;

Considering the Charter of the Organization of African Unity, which stipulates that
“freedom, equality, justice and dignity are essential objectives for the achievement of the
legitimate aspirations of the African peoples”;

Reaffirming the pledge they solemnly made in Article 2 of the said Charter to eradicate all
forms of colonialism from Africa, to coordinate and intensify their cooperation and efforts
to achieve a better life for the peoples of Africa and to promote international cooperation
having due regard to the Charter of the United Nations. and the Universal Declaration of
Human Rights;

Taking into consideration the virtues of their historical tradition and the values of African
civilization which should inspire and characterize their reflection on the concept of human
and peoples’ rights;

Recognizing on the one hand, that fundamental human rights stem from the attributes of
human beings which justifies their national and international protection and on the other
hand that the reality and respect of peoples’ rights should necessarily guarantee human
rights;

Considering that the enjoyment of rights and freedoms also implies the performance of
duties on the part of everyone; Convinced that it is henceforth essential to pay a particular
attention to the right to development and that civil and political rights cannot be
dissociated from economic, social and cultural rights in their conception as well as
universality and that the satisfaction of economic, social and cultural rights is a guarantee
for the enjoyment of civil and political rights;

Conscious of their duty to achieve the total liberation of Africa, the peoples of which are
still struggling for their dignity and genuine independence, and undertaking to eliminate
colonialism, neo-colonialism, apartheid, Zionism and to dismantle aggressive foreign
military bases and all forms of discrimination, particularly those based on race, ethnic
group, color, sex, language, religion or political opinions;

Reaffirming their adherence to the principles of human and peoples’ rights and freedoms
contained in the declarations, conventions and other instrument adopted by the
Organization of African Unity, the Movement of Non-Aligned Countries and the United
Nations;

Firmly convinced of their duty to promote and protect human and people’ rights and
freedoms taking into account the importance traditionally attached to these rights and
freedoms in Africa

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