The African Charter is a binding treaty between the Member States of the AU guaranteeing (individual) human rights and (collective) peoples’ rights. To this date, 54 Member States are State parties to the treaty (all African States except Morocco). This means that States can be scrutinised during the sessions of the African Commission, and are obliged to send State reports on the human rights situation in their respective countries.
The below video provides a brief introductory overview of the African Charter.
Video animation on the African Charter by UNDP Africa
The Charter serves as the basis for all the work of the African Commission, and it’s very important to take the time to read it and know its content. For human rights defenders, the African Charter can serve as a powerful advocacy tool to affirm and claim human rights, as well as criticise human rights violations on the basis of the African Charter. See below some basic rights entitled by the African charter.
Extract through a publication by SOMO and Natural Justice
The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, better known as the Maputo Protocol, is a regional human rights instrument adopted in Maputo, Mozambique, in 2003 by the Member States of the African Union, which came into effect in 2005. It guarantees comprehensive rights to women including the right to take part in the political process, to social and political equality with men, improved autonomy in their reproductive health decisions, and an end to female genital mutilation. As of October 2024, 44 African States have ratified the Maputo Protocol. Implementation and monitoring of the implementation of the Maputo Protocol at national level is ensured by way of State reporting to the African Commission (see chapter 2: State Periodic Review - Why it is useful?). It is a landmark tool used by Women Human Rights Defenders (WHRDs) groups on the continent.
The Maputo Protocol is one of many protocols to the African Charter. Below you’ll find a non-exhaustive list:
Other human rights instruments that are not protocols to the African Charter but are still relevant include:
Depending on your issue, you can explore the content and identify opportunities for engagement for civil society (check ratification status by your State first!). We won’t explore these in detail in this module.
