)العلن العالمي لحقوق النسان )أ
ل ّا كان العتراف بالكرامة المتأصلة في جميع أعضاء السرة البشرية وبحقوقهم المتساوية الثابتة هو أساس
.الحرية والعدل والسلم في العالم
ولما كان تناسي حقوق النسان وازدراؤها قد أفضيا إلى أعمال همجية آذت الضمير النساني. وكان غاية ما يرنو
.إليه عامة البشر انبثاق عالم يتمتع فيه الفرد بحرية القول والعقيدة ويتحرر من الفزع والفاقة
ولما كان من الضروري أن يتولى القانون حماية حقوق النسان لكيل يضطر المرء آخر المر إلى التمرد على
ولما كانت شعوب المم المتحدة قد أكدت في الميثاق من جديد إيمانها بحقوق النسان الساسية وبكرامة الفرد
وقدره وبما للرجال والنساء من حقوق متساوية وحزمت أمرها على أن تدفع بالرقي الجتماعي قد ًا وأن ترفع
.مستوى الحياة في جو من الحرية أفسح
ولما كانت الدول العضاء قد تعهدت بالتعاون مع المم المتحدة على ضمان إطراد مراعاة حقوق النسان
.والحريات الساسية واحترامها
.ولما كان للدراك العام لهذه الحقوق والحريات الهمية الكبرى للوفاء التام بهذا التعهد
فإن الجمعية العامة
تنادي بهذا العلن العالمي لحقوق النسان
على أنه المستوى المشترك الذي ينبغي أن تستهدفه كافة الشعوب والمم حتى يسعى كل فرد وهيئة في المجتمع،
واضعين على الدوام هذا العلن نصب أعينهم، إلى توطيد احترام هذه الحقوق والحريات عن طريق التعليم
والتربية واتخاذ إجراءات مطردة، قومية وعالمية، لضمان العتراف بها ومراعاتها بصورة عالمية فعالة بين
.الدول العضاء ذاتها وشعوب البقاع الخاضعة لسلطانها
يولد جميع الناس أحرا ًا متساوين في الكرامة والحقوق. وقد وهبوا عق ً وضمي ًا وعليهم أن يعامل بعضهم
ر ل ر
.بع ًا بروح الخاء
لكل إنسان حق التمتع بكافة الحقوق والحريات الواردة في هذا العلن، دون أي تمييز، كالتمييز بسبب العنصر
أو اللون أو الجنس أو اللغة أو الدين أو الرأي السياسي أو أي رأي آخر، أو الصل الوطني أو الجتماعي أو
.الثروة أو الميلد أو أي وضع آخر، دون أية تفرقة بين الرجال والنساء
وفض ً عما تقدم فلن يكون هناك أي تمييز أساسه الوضع السياسي أو القانوني أو الدولي لبلد أو البقعة التي ينتمي
إليها الفرد سواء كان هذا البلد أو تلك البقعة مستق ً أو تحت الوصاية أو غير متمتع بالحكم الذاتي أو كانت سيادته
.خاضعة لي قيد من القيود
.لكل فرد الحق في الحياة والحرية وسلمة شخصه
.ل يجوز إسترقاق أو إستعباد أي شخص. ويحظر السترقاق وتجارة الرقيق بكافة أوضاعهما
.ل يعرض أي إنسان للتعذيب ول للعقوبات أو المعاملت القاسية أو الوحشية أو الحاطة بالكرامة
.لكل إنسان أينما وجد الحق في أن يعترف بشخصيته القانونية
كل الناس سواسية أمام القانون ولهم الحق في التمتع بحماية متكافئة عنه دون أية تفرقة، كما أن لهم جميع ً الحق
.في حماية متساوية ضد أي تمييز ُخل بهذا العلن وضد أي تحريض على تمييز كهذا
لكل شخص الحق في أن يلجأ إلى المحاكم الوطنية لنصافه عن أعمال فيها اعتداء على الحقوق الساسية التي
.يمنحها له القانون
.ل يجوز القبض على أي إنسان أو حجزه أو نفيه تعسف ً
لكل إنسان الحق، على قدم المساواة التامة مع الخرين، في أن تنظر قضيته أمام محكمة مستقلة نزيهة نظرً
.عادلً علنياً للفصل في حقوقه والتزاماته وأية تهمة جنائية توجه له
كل شخص متهم بجريمة يعتبر بريئاً إلى أن تثبت إدانته قانون ً بمحاكمة علنية تؤمن له فيها الضمانات الضرورية
ل يدان أي شخص من جراء أداء عمل أو المتناع عن أداء عمل إ ّ إذا كان ذلك يعتبر جرم ً وفق ً للقانون الوطني
.أو الدولي وقت الرتكاب. كذلك ل توقع عليه عقوبة أشد من تلك التي كان يجوز توقيعها وقت ارتكاب الجريمة
ل يعرض أحد لتدخل تعسفي في حياته الخاصة أو أسرته أو مسكنه أو مراسلته أو لحملت على شرفه وسمعته.
.ولكل شخص الحق في حماية القانون من مثل هذا التدخل أو تلك الحملت
.لكل فرد حرية النقل واختيار محل إقامته داخل حدود كل دولة
.يحق لكل فرد أن يغادر أية بلد بما في ذلك بلده كما يحق له العودة إليه
.لكل فرد الحق أن يلجأ إلى بلد أخرى أو يحاول اللتجاء إليها هربا من الضطهاد
.ل ينتفع بهذا الحق من قدم للمحاكمة في جرائم غير سياسية أو لعمال تناقض أغراض المم المتحدة ومبادئها
.لكل فرد حق التمتع بجنسية ما
.ل يجوز حرمان شخص من جنسيته تعسفا أو إنكار حقه في تغييرها
للرجل والمرأة متا بلغا سن الزواج حق التزوج وتأسيس أسرة دون أي قيد بسبب الجنس أو الدين. ولهما حقوق
.متساوية عند الزواج وأثناء قيامه وعند انحلله
.ل يبرم عقد الزواج إل برضى الطرفين الراغبين في الزواج رضى كامل ل إكراه فيه
.السرة هي الوحدة الطبيعية الساسية للمجتمع ولها حق التمتع بحماية المجتمع والدولة
.لكل شخص حق التملك بمفرده أو بالشتراك مع غيره
.ل يجوز تجريد أحد من ملكه تعسفا
لكل شخص الحق في حرية التفكير والضمير والدين. ويشمل هذا الحق حرية تغيير ديانته أو عقيدته، وحرية
.العراب عنهما بالتعليم والممارسة وإقامة الشعائر ومراعاتها سواء أكان ذلك سرا أم مع الجماعة
لكل شخص الحق في حرية الرأي والتعبير. ويشمل هذا الحق حرية اعتناق الراء دون أي تدخل، واستقاء النباء
.والفكار وتلقيها وإذاعتها بأية وسيلة كانت دون تقيد بالحدود الجغرافية
.لكل شخص الحق في حرية الشتراك في الجمعيات والجماعات السلمية
.ل يجوز إرغام أحد على النضمام إلى جمعية ما
لكل فرد الحق في الشتراك في إدارة الشؤون العامة لبلده ما مباشرة وإما بواسطة ممثلين يختارون اختيارا
.لكل شخص نفس الحق الذي لغيره في تقلد الوظائف العامة في البلد
إن إرادة الشعب هي مصدر سلطة الحكومة، ويعبر عن هذه الرادة بانتخابات نزيهة دورية تجري على أساس
.القتراع السري وعلى قدم المساواة بين الجميع أو حسب أي إجراء مماثل يضمن حرية التصويت
لكل شخص بصفته عضوا في المجتمع الحق في الضمانة الجتماعية وفي أن تحقق بوساطة المجهود القومي
والتعاون الدولي وبما يتفق ونظم كل دولة ومواردها الحقوق القتصادية والجتماعية والتربوية التي ل غنى عنها
.لكرامته وللنمو الحر لشخصيته
.لكل شخص الحق في العمل، وله حرية اختياره بشروط عادلة مرضية كما أن له حق الحماية من البطالة
.لكل فرد دون أي تمييز الحق في أجر متساو للعمل
لكل فرد يقوم بعمل الحق في أجر عادل مرض يكفل له ولسرته عيشة لئقة بكرامة النسان تضاف إليه، عند
.اللزوم، وسائل أخرى للحماية الجتماعية
.لكل شخص الحق في أن ينشأ وينضم إلى نقابات حماية لمصلحته
لكل شخص الحق في الراحة، أو في أوقات الفراغ، ول سيما في تحديد معقول لساعات العمل وفي عطلت
لكل شخص الحق في مستوى من المعيشة كاف للمحافظة على الصحة والرفاهية له ولسرته. ويتضمن ذلك
التغذية والملبس والمسكن والعناية الطبية وكذلك الخدمات الجتماعية اللزمة. وله الحق في تأمين معيشته في
حالت البطالة والمرض والعجز والترمل والشيخوخة وغير ذلك من فقدان وسائل العيش نتيجة لظروف خارجة
للمومة والطفولة الحق في مساعدة ورعاية خاصتين. وينعم كل الطفال بنفس الحماية الجتماعية سواء أكانت
.ولدتهم ناتجة عن رباط شرعي أم بطريقة غير شرعية
لكل شخص الحق في التعلم. ويجب أن يكون التعليم في مراحله الولى والساسية على القل بالمجان، وأن يكون
التعليم الولي إلزاميا وينبغي أن يعمم التعليم الفني والمهني، وأن ييسر القبول للتعليم العالي على قدم المساواة
.التامة للجميع وعلى أساس الكفاءة
يجب أن تهدف التربية إلى إنماء شخصية النسان إنماء كامل، وإلى تعزيز احترام النسان والحريات الساسية
وتنمية التفاهم والتسامح والصداقة بين جميع الشعوب والجماعات العنصرية أو الدينية، وإلى زيادة مجهود المم
.المتحدة لحفظ السلم
.للباء الحق الول في اختيار نوع تربية أولدهم
لكل فرد الحق في أن يشترك اشتراكا حرا في حياة المجتمع الثقافي وفي الستمتاع بالفنون والمساهمة في التقدم
.العلمي والستفادة من نتائجه
.لكل فرد الحق في حماية المصالح الدبية والمادية المترتبة على إنتاجه العلمي أو الدبي أو الفني
لكل فرد الحق في التمتع بنظام اجتماعي دولي تتحقق بمقتضاه الحقوق والحريات المنصوص عليها في هذا
.العلن تحققا تاما
.على كل فرد واجبات نحو المجتمع الذي يتاح فيه وحده لشخصيته أن تنمو نموا حرا كامل
يخضع الفرد في ممارسته حقوقه لتلك القيود التي يقررها القانون فقط، لضمان العتراف بحقوق الغير وحرياته
.واحترامها ولتحقيق المقتضيات العادلة للنظام العام والمصلحة العامة والخلق في مجتمع ديمقراطي
.ل يصح بحال من الحوال أن تمارس هذه الحقوق ممارسة تتناقض مع أغراض المم المتحدة ومبادئها
ليس في هذا العلن نص يجوز تأويله على أنه يخول لدولة أو جماعة أو فرد أي حق في القيام بنشاط أو تأدية
.عمل يهدف إلى هدم الحقوق والحريات الواردة فيه
أ( اع ُمد بموجب قرار الجمعية العامة 712 ألف )د-3( المؤرخ في 01 كانون الول / ديسمبر(
African Charter on Human & People’s Rights (Banjul)
African [Banjul] Charter on Human and Peoples' Rights, adopted June 27, 1981, OAU
Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force Oct. 21, 1986:
[excerpts] . . .
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
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
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
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 ia a guarantee for the enjoyment of civil and political
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
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;
Have agreed as follows:
Part I: Rights and Duties
Chapter I -- Human and Peoples' Rights
The 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.
Every individual shall be entitled to the enjoyment of the rights and freedoms recognized
and guaranteed in the present Charter without distinction of any kind such as race, ethnic
group, color, sex, language, religion, political or any other opinion, national and social
origin, fortune, birth or other status.
1. Every individual shall be equal before the law. 2. Every individual shall be entitled to
equal protection of the law.
Human beings are inviolable. Every human being shall be entitled to respect for his life and
the integrity of his person. No one may be arbitrarily deprived of this right.
Every individual shall have the right to the respect of the dignity inherent in a human being
and to the recognition of his legal status. All forms of exploitation and degradation of man
particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and
treatment shall be prohibited.
Every individual shall have the right to liberty and to the security of his person. No one
may be deprived of his freedom except for reasons and conditions previously laid down by
law. In particular, no one may be arbitrarily arrested or detained.
1. 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 defence, 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.
Freedom of conscience, the profession and free practice of religion shall be guaranteed. No
one may, subject to law and order, be submitted to measures restricting the exercise of
1. Every individual shall have the right to receive information. 2. Every individual shall
have the right to express and disseminate his opinions within the law.
1. Every individual shall have the right to free association provided that he abides by the
law. 2. Subject to the obligation of solidarity provided for in 29 no one may be compelled
to join an association.
Every individual shall have the right to assemble freely with others. The exercise of this
right shall be subject only to necessary restrictions provided for by law in particular those
enacted in the interest of national security, the safety, health, ethics and rights and
freedoms of others.
1. Every individual shall have the right to freedom of movement and residence within the
borders of a State provided he abides by the law. 2. Every individual shall have the right to
leave any country including his own, and to return to his country. This right may only be
subject to restrictions, provided for by law for the protection of national security, law and
order, public health or morality. 3. Every individual shall have the right, when persecuted,
to seek and obtain asylum in other countries in accordance with laws of those countries and
international conventions. 4. A non-national legally admitted in a territory of a State Party
to the present Charter, may only be expelled from it by virtue of a decision taken in
accordance with the law. 5. The mass expulsion of non-nationals shall be prohibited. Mass
expulsion shall be that which is aimed at national, racial, ethnic or religious groups.
1. Every citizen shall have the right to participate freely in the government of his country,
either directly or through freely chosen representatives in accordance with the provisions of
the law. 2. Every citizen shall have the right of equal access to the public service of his
country. 3. Every individual shall have the right of access to public property and services in
strict equality of all persons before the law.
The right to property shall be guaranteed. It may only be encroached upon in the interest of
public need or in the general interest of the community and in accordance with the
provisions of appropriate laws.
Every individual shall have the right to work under equitable and satisfactory conditions,
and shall receive equal pay for equal work.
1. Every individual shall have the right to enjoy the best attainable state of physical and
mental health. 2. States Parties to the present Charter shall take the necessary measures to
protect the health of their people and to ensure that they receive medical attention when
they are sick.
1. Every individual shall have the right to education. 2. Every individual may freely, take
part in the cultural life of his community. 3. The promotion and protection of morals and
traditional values recognized by the community shall be the duty of the State.
1. The family shall be the natural unit and basis of society. It shall be protected by the State
which shall take care of its physical health and moral.
2. The State shall have the duty to assist the family which is the custodian of morals and
traditional values recognized by the community.
3. The State shall ensure the elimination of every discrimination against women and also
ensure the protection of the rights of the woman and the child as stipulated in international
declarations and conventions.
4. The aged and the disabled shall also have the right to special measures of protection in
keeping with their physical or moral needs.
All peoples shall be equal; they shall enjoy the same respect and shall have the same rights.
Nothing shall justify the domination of a people by another.
1. All peoples shall have the right to existence. They shall have the unquestionable and
inalienable right to self- determination. They shall freely determine their political status
and shall pursue their economic and social development according to the policy they have
2. Colonized or oppressed peoples shall have the right to free themselves from the bonds of
domination by resorting to any means recognized by the international community.
3. All peoples shall have the right to the assistance of the States parties to the present
Charter in their liberation struggle against foreign domination, be it political, economic or
1. All peoples shall freely dispose of their wealth and natural resources. This right shall be
exercised in the exclusive interest of the people. In no case shall a people be deprived of it.
2. In case of spoliation the dispossessed people shall have the right to the lawful recovery
of its property as well as to an adequate compensation. 3. The free disposal of wealth and
natural resources shall be exercised without prejudice to the obligation of promoting
international economic cooperation based on mutual respect, equitable exchange and the
principles of international law. 4. States parties to the present Charter shall individually and
collectively exercise the right to free disposal of their wealth and natural resources with a
view to strengthening African unity and solidarity. 5. States parties to the present Charter
shall undertake to eliminate all forms of foreign economic exploitation particularly that
practiced by international monopolies so as to enable their peoples to fully benefit from the
advantages derived from their national resources.
1. All peoples shall have the right to their economic, social and cultural development with
due regard to their freedom and identity and in the equal enjoyment of the common
heritage of mankind. 2. States shall have the duty, individually or collectively, to ensure the
exercise of the right to development.
1. All peoples shall have the right to national and international peace and security. The
principles of solidarity and friendly relations implicitly affirmed by the Charter of the
United Nations and reaffirmed by that of the Organization of African Unity shall govern
relations between States. 2. For the purpose of strengthening peace, solidarity and friendly
relations, States parties to the present Charter shall ensure that: (a) any individual enjoying
the right of asylum under 12 of the present Charter shall not engage in subversive activities
against his country of origin or any other State party to the present Charter; (b) their
territories shall not be used as bases for subversive or terrorist activities against the people
of any other State party to the present Charter.
All peoples shall have the right to a general satisfactory environment favorable to their
States parties to the present Charter shall have the duty to promote and ensure through
teaching, education and publication, the respect of the rights and freedoms contained in the
present Charter and to see to it that these freedoms and rights as well as corresponding
obligations and duties are understood.
States 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.
Chapter II -- Duties
1. Every individual shall have duties towards his family and society, the State and other
legally recognized communities and the international community. 2. The rights and
freedoms of each individual shall be exercised with due regard to the rights of others,
collective security, morality and common interest.
Every individual shall have the duty to respect and consider his fellow beings without
discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing
mutual respect and tolerance.
The individual shall also have the duty: 1. to preserve the harmonious development of the
family and to work for the cohesion and respect of the family; to respect his parents at all
times, to maintain them in case of need; 2. To serve his national community by placing his
physical and intellectual abilities at its service; 3. Not to compromise the security of the
State whose national or resident he is; 4. To preserve and strengthen social and national
solidarity, particularly when the latter is threatened; 5. To preserve and strengthen the
national independence and the territorial integrity of his country and to contribute to its
defence in accordance with the law; 6. To work to the best of his abilities and competence,
and to pay taxes imposed by law in the interest of the society; 7. to preserve and strengthen
positive African cultural values in his relations with other members of the society, in the
spirit of tolerance, dialogue and consultation and, in general, to contribute to the promotion
of the moral well being of society; 8. To contribute to the best of his abilities, at all times
and at all levels, to the promotion and achievement of African unity.
Part II: Measures of Safeguard
Chapter I -- Establishment and Organization of the African Commission on Human and
An African Commission on Human and Peoples' Rights, hereinafter called the
Commission, shall be established within the Organization of African Unity to promote
human and peoples' rights and ensure their protection in Africa.
1. The Commission shall consist of eleven members chosen from amongst African
personalities of the highest reputation, known for their high morality, integrity, impartiality
and competence in matters of human and peoples' rights; particular consideration being
given to persons having legal experience.
2. The members of the Commission shall serve in their personal capacity. . . .
The Secretary-General of the Organization of African Unity shall appoint the Secretary of
the Commission. He shall also provide the staff and services necessary for the effective
discharge of the duties of the Commission. The Organization of African Unity shall bear
the costs of the staff and services. . . .
Chapter II -- Mandate of the Commission
The 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
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
Chapter III -- Procedure of the Commission
The Commission may resort to any appropriate method of investigation; it may hear from
the Secretary General of the Organization of African Unity or any other person capable of
Communication From States
If a State party to the present Charter has good reasons to believe that another State party to
this Charter has violated the provisions of the Charter, it may draw, by written
communication, the attention of that State to the matter. This communication shall also be
addressed to the Secretary General of the OAU and to the Chairman of the Commission.
Within three months of the receipt of the communication, the State to which the
communication is addressed shall give the enquiring State, written explanation or statement
elucidating the matter. This should include as much as possible relevant information
relating to the laws and rules of procedure applied and applicable, and the redress already
given or course of action available.
If within three months from the date on which the original communication is received by
the State to which it is addressed, the issue is not settled to the satisfaction of the two States
involved through bilateral negotiation or by any other peaceful procedure, either State shall
have the right to submit the matter to the Commission through the Chairman and shall
notify the other States involved.
Notwithstanding the provisions of 47, if a State party to the present Charter considers that
another State party has violated the provisions of the Charter, it may refer the matter
directly to the Commission by addressing a communication to the Chairman, to the
Secretary General of the Organization of African Unity and the State concerned.
The Commission can only deal with a matter submitted to it after making sure that all local
remedies, if they exist, have been exhausted, unless it is obvious to the Commission that
the procedure of achieving these remedies would be unduly prolonged.
1. The Commission may ask the States concerned to provide it with all relevant
2. When the Commission is considering the matter, States concerned may be represented
before it and submit written or oral representation.
After having obtained from the States concerned and from other sources all the information
it deems necessary and after having tried all appropriate means to reach an amicable
solution based on the respect of Human and Peoples' Rights, the Commission shall prepare,
within a reasonable period of time from the notification referred to in 48, a report stating
the facts and its findings. This report shall be sent to the States concerned and
communicated to the Assembly of Heads of State and Government.
While transmitting its report, the Commission may make to the Assembly of Heads of State
and Government such recommendations as it deems useful.
The Commission shall submit to each ordinary Session of the Assembly of Heads of State
and Government a report on its activities.
1. 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.
Communications 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
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
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.
Prior to any substantive consideration, all communications shall be brought to the
knowledge of the State concerned by the Chairman of the Commission.
1. When it appears after deliberations of the Commission that one or more communications
apparently relate to special cases which reveal the existence of a series of serious or
massive violations of human and peoples' rights, the Commission shall draw the attention
of the Assembly of Heads of State and Government to these special cases.
2. The Assembly of Heads of State and Government may then request the Commission to
undertake an in-depth study of these cases and make a factual report, accompanied by its
findings and recommendations.
3. A case of emergency duly noticed by the Commission shall be submitted by the latter to
the Chairman of the Assembly of Heads of State and Government who may request an in-
1. All measures taken within the provisions of the present Chapter shall remain confidential
until such a time as the Assembly of Heads of State and Government shall otherwise
decide. . . .
2. The report on the activities of the Commission shall be published by its Chairman after it
has been considered by the Assembly of Heads of State and Government.
Chapter IV -- Applicable Principles
The Commission shall draw inspiration from international law on human and peoples'
rights, particularly from the provisions of various African instruments on human and
peoples' rights, the Charter of the United Nations, the Charter of the Organization of
African Unity, the Universal Declaration of Human Rights, other instruments adopted by
the United Nations and by African countries in the field of human and peoples' rights as
well as from the provisions of various instruments adopted within the Specialized Agencies
of the United Nations of which the parties to the present Charter are members.
The Commission shall also take into consideration, as subsidiary measures to determine the
principles of law, other general or special international conventions, laying down rules
expressly recognized by member states of the Organization of African Unity, African
practices consistent with international norms on human and people's rights, customs
generally accepted as law, general principles of law recognized by African states as well as
legal precedents and doctrine.
Each state party shall undertake to submit every two years, from the date the present
Charter comes into force, a report on the legislative or other measures taken with a view to
giving effect to the rights and freedoms recognized and guaranteed by the present Charter. .
From the National Unity & Reconciliation Commission:
Department of Civic Education
The Unity of Civic Education has four components namely;
1.The specialized Programs of Unity and Reconciliation;
2.Syllabus Development and Training;
3.Organization of INGANDO;
4.Mass Education and Public Debates.
Civic Education as a whole contributes to the promotion of social cohesion through
teachings that give the Rwandan population the knowledge of understanding their rights
and duties as well as the internal relations on the structures of the government of the
day, plus fundamental rights which govern the society in general, taking into
consideration the aspect of unity and reconciliation, and it has the following
Develops national syllabus to promote national unity and reconciliation;
Seeks to use civic education to create, in Rwanda, a culture of tolerance, unity and
Trains all levels of Rwandan society via formal means and structures in unity and
Trains periodically all levels of Rwandan society via workshops, seminars, discussions in
the interest of unity and reconciliation;
1) Trains and engages national leadership in unity and reconciliation.
Rwanda: NUR Adds Civic and Peace Education to Curriculum
Tony Barigye, The New Times
26 November 2008
Kigali — The National University of Rwanda [NUR] is in the final stage of setting up a
Civic and Peace Education course, to be made compulsory for every student at the
In a power point presentation, Innocent Ndahiriwe, a NUR lecturer, yesterday at Prime
Holdings, presented an outline of the components of the course unit.
Splitting them into two subtopics, he explained that Peace Education, will be based on the
philosophy that teaches non violence, love, compassion, trust, fairness, cooperation and
reverence for human life and all life on our planet.
On Civic education, Ndahiriwe said, It will enable the students to build a sense of
nationhood, help them recognise the importance of sharing a common vision and
subsequently, identify with their country and its problems.
Yesterday's workshop was part of the final discussions on the module which is expected to
be implemented next year. NUR Rector, Silas Lwakabamba, explained that there had been
a long history of discussion intended to streamline the new programme.
Civic education has been on the rocks for so long. I talked to the president about it. Many
have been giving it lip service. Local Government and Education ministries discussed it.
Then UN human rights officials visited and promised to help us.
They came up with a programme and had to get external professionals to look at it, he
recounted before urging other institutions to include the programme in their curriculum.
Education Minister, Daphrose Gahakwa, hailed the new course unit. Citing the country's
gruesome past, she said that students needed to be helped to understand and quell the after-
effects of the 1994 Tutsi Genocide.
This knowledge will help them to interpret some of the contemporary issues our country
may be facing such as the genocide ideology. If our former leaders had respected the rights
of others, we would not have had the genocide that took place in the country, she said.
Anastase Shyaka, Executive Director Center for Conflict Management [CCM] at NUR,
said that the preparations for the new course were started this year in June and that the
university will soon incorporate two Masters programmes, Genocide and Prevention, and
Peace and Development, into the curriculum.
From Human Rights Watch, ‘Law And Reality: Progress in Judicial Reform in Rwanda.’
Human Rights Watch. 2008, New York, NY.
‘By 1998 only 1,292 persons had been judged and relatively few accused persons had
confessed, disappointing hopes that plea- bargains would reduce the enormous number of
persons to be tried. If the same rate of prosecutions were to continue, it appeared sure to
take decades to prosecute the estimated 135,000 detainees.19 Rather than invest additional
resources in speeding the delivery of justice in conventional courts, the government turned
to another plan, the gacaca jurisdictions.’ (16)
‘The judges, who were to guide the hearings and then finally to deliver the verdict of the
community, were chosen on the basis of their integrity rather than their formal learning.
Some did not read or write, although all received several days of training on the relevant
laws and procedures. The transparency of the process and participation of the entire
community was supposed to assure the legitimacy of the proceedings and to protect
the rights of all participants, making unnecessary the kinds of fair trial guarantees
provided by Rwandan law and international conventions. The accused had no access
to counsel in gacaca jurisdictions, for example, although that right is guaranteed by
the Rwandan constitution and by the International Convention on Civil and Political
Rights to which Rwanda is party.’ (18)
December 13, 2008
Militias in Congo Tied to Government and Rwanda
By LYDIA POLGREEN, Copyright 2008 The New York Times Company
GOMA, Congo — A report to the United Nations Security Council by a panel of
independent experts found evidence of links between senior officials of the Congolese and
Rwandan governments and the armed groups fighting in eastern Congo. The findings
portray a complex proxy struggle between the nations, with each using armed forces based
in the area to pursue political, financial and security objectives in a region ravaged by
The report, which was based on months of independent research in the region, gives the
clearest picture yet of the underpinnings of the fighting in eastern Congo, revealing a
sordid network of intertwined interests in Congo and Rwanda that have fueled the
Tiny Rwanda and its vast neighbor to the west, Congo, have long been connected by a
shared history of ethnic strife. In the aftermath of the Rwandan genocide in 1994, Hutu
militias that carried out the killing fled into Congo, then known as Zaire.
In 1996, Rwanda backed a rebel force led by Laurent Kabila that ultimately toppled
Congo’s longtime president, Mobutu Sese Seko. The initial aim had been to capture the
Hutu fighters who had carried out the genocide, but the fighting devolved into a frenzy of
plundering of Congo’s minerals, spawning a conflict that drew in half a dozen nations and
left as many as five million people dead. Most died of hunger and disease.
The report’s findings on the current conflict are likely to strain already tense relations
between the countries, providing ammunition for each. Congolese officials have accused
Rwanda of supporting Tutsi rebels led by a renegade general from the same ethnic group as
much of Rwanda’s establishment.
Rwanda has accused Congo’s government of colluding with an armed group led by some
of the Hutu militia who carried out the 1994 genocide in Rwanda. These are the fighters
who fled afterward to Congo and eventually formed a group known by its French
abbreviation, the F.D.L.R. It preys on Congolese civilians and enriches itself with the
country’s gold, tin and coltan, a mineral used in making the tiny processors in electronic
The independent experts found extensive evidence of high-level communication between
the government of Rwanda and the Tutsi rebel group known as the Congress for the
Defense of the People, led by the renegade general Laurent Nkunda, based on reviews of
satellite phone records.
The report said that the calls were “frequent and long enough to indicate at least extensive
sharing of information.”
In interviews, several of General Nkunda’s fighters described Rwandan soldiers’ helping
the rebels inside Congo, according to the report. Rwandan soldiers also helped bring
recruits, some of them children, to Congo’s border to fight in General Nkunda’s rebellion,
the report said.
It also investigated how General Nkunda was paying for his militia, documenting hundreds
of thousands of dollars in payments for taxes in territory that he controls. The report also
named prominent business executives who had backed him financially.
Congo’s military, meanwhile, has been collaborating with the Hutu militia that is led by the
authors of the Rwandan genocide, according to the report. The weak and undisciplined
Congolese Army has frequently relied on help from these fighters in battling General
In exchange for ammunition, the militia fighters have helped in numerous offensives, the
report said, citing by name several senior Congolese military officers who had handed over
matériel to the Hutu forces. According to satellite phone records, senior military and
intelligence figures in Congo have spoken frequently with top Hutu militia leaders.
“It is obvious that Rwandan authorities and Congolese authorities are aware of support
provided to rebel groups,” Jason K. Stearns, the coordinator for the five-member panel that
produced the report, said Friday at a news conference at the United Nations. “They haven’t
done anything to bring it to an end.”
He said the Congolese government said that it had no policy to aid the Hutu militia but that
there might be support from individual military commanders. Both governments said that
telephone records showing conversations between officials and rebels did not constitute
support, he added.
Neil MacFarquhar contributed reporting from the United Nations.
Umuganda in Rwanda
Rwanda has compulsory community service every month – what are the benefits and risks
of a highly ordered society?
A roundabout in Kigali improved thanks to Umuganda
Rwanda is, and has been for hundreds of years, a highly organised society. The country is
divided into administrative regions called prefectures (the equivalent of counties in the
UK); these are divided into districts which are divided into sectors which are divided into
communes which are divided into cells. This organisation, and the officials who control
each type of region, allow instructions from Rwanda’s leaders to be quickly carried out by
Umuganda is an example of this direction of the population. A tradition which dates back
to long before the arrival of Europeans, it takes place on the first Friday of every month.
All Rwandans must return to their home cell (for many in the capital Kigali this means
going back to the village they were born in) and receive instructions from their cell leader.
They then carry out whatever type of community service has been decided on that month –
for example picking up rubbish (plastic bags, recently banned by the government, have
been a problem) or planting trees (as the last few Umugandas have been).
No one is exempt from this community service – the President has been seen planting trees
along with everyone else and European diplomats have been challenged by policemen for
not tree planting on the appointed day.
Umuganda is clearly a powerful force for doing good in Rwanda, and contributes to a sense
of community and shared responsibility that is not found anywhere in Europe. It does also
go some way towards explaining one of the shocking aspects of 1994’s Genocide – that
much of the killing was carried out by ordinary people, who murdered their neighbours
with machetes. During the Genocide Umuganda did not involve planting trees but
‘clearing out the weeds’ – a phrase used by the authorities to mean the killing of Tutsis.
People who for generations were used to obeying the orders passed down from above (and
who were exposed to racist propaganda) in many cases did not question those orders when
they were instructed to kill.
Questions to consider:
1) What are the benefits and disadvantages of living in a highly organised and controlled
2) How organised and controlled is the society that you live in?
3) What benefits could arise from compulsory community service in your society?
4) How can the risks associated with this type of organisation be minimised?
December 4, 2008
Rwanda Stirs Deadly Brew of Troubles in Congo
By JEFFREY GETTLEMAN, New York Times
KIGALI, Rwanda — There is a general rule in Africa, if not across the world: Behind any
rebellion with legs is usually a meddling neighbor. And whether the rebellion in eastern
Congo explodes into another full-fledged war, and drags a large chunk of central Africa
with it, seems likely to depend on the involvement of Rwanda, Congo’s tiny but
disproportionately mighty neighbor.
There is a long and bloody history here, and this time around the evidence seems to be
growing that Rwanda is meddling again in Congo’s troubles; at a minimum, the
interference is on the part of many Rwandans. As before, Rwanda’s stake in Congo is a
complex mix of strategic interest, business opportunity and the real fears of a nation that
has heroically rebuilt itself after near obliteration by ethnic hatred.
The signs are ever-more obvious, if not yet entirely open. Several demobilized Rwandan
soldiers, speaking in hushed tones in Kigali, Rwanda’s tightly controlled capital, described
a systematic effort by Rwanda’s government-run demobilization commission to send
hundreds if not thousands of fighters to the rebel front lines.
Former rebel soldiers in Congo said that they had seen Rwandan officers plucking off the
Rwandan flags from the shoulders of their fatigues after they had arrived and that Rwandan
officers served as the backbone of the rebel army. Congolese wildlife rangers in the gorilla
park on the thickly forested Rwanda-Congo border said countless heavily armed men
routinely crossed over from Rwanda into Congo.
A Rwandan government administrator said a military hospital in Kigali was treating many
Rwandan soldiers who were recently wounded while fighting in Congo, but the
administrator said he could be jailed for talking about it.
There seems to be a reinvigorated sense of the longstanding brotherhood between the
Congolese rebels, who are mostly ethnic Tutsi, and the Tutsi-led government of Rwanda,
which has supported these same rebels in the past.
The brotherhood is relatively secret for now, just as it was in the late 1990s when Rwanda
denied being involved in Congo, only to later admit that it was occupying a vast section of
the country. Rwanda’s leaders are vigilant about not endangering their carefully crafted
reputation as responsible, development-oriented friends of the West.
Senior Rwandan officials do not deny that demobilized Rwandan soldiers are fighting in
Congo, but they say the soldiers are doing it on their own, without any government
“They are ordinary citizens, and if their travel documents are in order, they can go ahead
and travel,” said Joseph Mutaboba, Rwanda’s special envoy for the Great Lakes region.
But according to several demobilized soldiers, Rwandan government officials are involved,
providing bus fare for the men to travel to Congo and updating the rebel leadership each
month on how many fighters from Rwanda are about to come over. Once they get to the
rebel camps, the Rwandan veterans said, they flash their Rwandan Army identification
cards and then are assigned to a rebel unit.
“We usually get a promotion,” said one fighter who was recently a corporal in the
Rwandan Army and served as a sergeant in the rebel forces last month. He said that he
could be severely punished if identified and that Rwandan officials and rebel commanders
told the fighters not to say anything about the cooperation.
Another cause for suspicion is Rwanda’s past plundering of Congo’s rich trove of minerals,
going back to the late 1990s when the Rwandan Army seized control of eastern Congo and
pumped hundreds of millions of dollars of smuggled coltan, cassiterite and even diamonds
back to Rwanda, according to United Nations documents.
Many current high-ranking Rwandan officials, including the minister of finance, the
ambassador to China and the deputy director of the central bank, were executives at a
holding company that a United Nations panel in 2002 implicated in the illicit mineral trade
and called to be sanctioned. The officials say that they are no longer part of that company
and that the company did nothing wrong. Nonetheless, eastern Congo’s lucrative mineral
business still seems to be heavily influenced by ethnic Rwandan businessmen with close
ties to Kigali.
Some of the most powerful players today, like Modeste Makabuza Ngoga, who runs a
small empire of coffee, tea, transport and mineral companies in eastern Congo, are part of a
Tutsi-dominated triangle involving the Rwandan government, the conflict-driven mineral
trade and a powerful rebel movement led by a renegade general, Laurent Nkunda, a former
officer in Rwanda’s army.
Several United Nations reports have accused Mr. Makabuza Ngoga of using strong-arm
tactics to smuggle minerals from Congo to Rwanda and one report said that he enjoyed
“close ties” to Rwanda’s president, Paul Kagame. This week a rebel spokesman said that
Mr. Makabuza Ngoga was on Mr. Nkunda’s “College of Honorables,” essentially a rebel
advisory board. Mr. Nkunda’s troops recently marched into areas known to be mineral rich
— and areas where ethnic Rwandan businessmen are trying to gain a foothold.
Mr. Makabuza Ngoga said in an interview that he was not doing anything illegal.
“I’m just a businessman,” he said. “I work with them all.”
A Tale of Two Africas
Rwanda and Congo are polar opposites, a true David-and-Goliath matchup. Crossing the
border from Gisenyi, Rwanda, to Goma, Congo, is a journey across two Africas, in the
span of about 100 yards.
The two-minute walk takes you from one of the smallest, tidiest, most promising countries
on the continent, where women in white rubber gloves sweep the streets every morning and
government employees are at their desks by 7 a.m., to one of the biggest, messiest and most
violent African states, home to a conflict that has killed more than five million people,
more than any other since World War II.
While Congo is vast, Rwanda is packed. While the Congolese are often playful, known for
outlandish dress and great music, Rwandans are reserved. While Congo is naturally rich,
Rwanda is perennially poor. Yet Rwanda has emerged as a darling of the aid world, praised
for strong, uncorrupt leadership and the strides it has made in fighting AIDS and poverty.
The fates of the two countries are inextricably linked. In 1994, Hutu militias in Rwanda
killed 800,000 people, mostly minority Tutsis, and then fled into eastern Congo. Rwanda
responded by invading Congo in 1997 and 1998, denying it each time initially but later
taking responsibility. Those invasions catalyzed years of war that drew in the armies of half
a dozen African countries.
When the Rwandan military controlled eastern Congo from 1998 to 2002, it established a
highly organized military-industrial network to illegally exploit Congo’s riches, according
to United Nations documents.
A 2002 United Nations report said that top Rwandan military officers worked closely with
some of the most notorious smugglers and arms traffickers in the world, including Viktor
Bout, a former Soviet arms dealer nicknamed the Merchant of Death who was arrested this
“I used to see generals at the airport coming back from Congo with suitcases full of cash,”
said a former Rwandan government official who said that if he was identified, he could be
Rwanda may have a lot going for it — a high economic growth rate, low corruption, a
Parliament with a majority of seats held by women. But many people here say they do not
feel free. When the former government official was interviewed at a Kigali hotel, he
abruptly stopped talking whenever the maid walked by.
“You never know,” he whispered, nodding toward the young woman who was smiling
behind a plate-glass window smeared with soap suds. “She could be a lieutenant.”
Scarred by a Genocide
Rwanda is tiny, tough and intensely patriotic. Like Israel, it is a postgenocidal state, built
on an ethos of self-sacrifice. Its national motto is Never Again.
One oft-cited threat is the Democratic Forces for the Liberation of Rwanda, also known as
the F.D.L.R., a mostly Hutu militia that is based just across the border in the green folds of
eastern Congo. The militia is thought to number 5,000 to 10,000 fighters. Some of its
leaders are wanted “genocidaires” who fled Rwanda in 1994 after massacring Tutsi.
“These guys want to come back and finish the job,” said Maj. Jill Rutaremara, a spokesman
for Rwanda’s Defense Forces.
Mr. Nkunda, the rebel leader, has used the presence of the Hutu militia and the Congo
government’s failure to disarm it as a rationale for his continued armed struggle. His forces
have routed Congolese government troops in the past two months and pushed the region to
the precipice of another regional war.
United Nations officials say he has not acted entirely alone, either: they said they observed
Rwandan tanks firing from Rwandan territory to support Mr. Nkunda’s troops as they
advanced in October. Rwandan officials denied this.
Rwandan military officers admit, when pressed, that the Hutu militia has little chance of
destabilizing Rwanda. The last time it attacked inside Rwanda was 2001.
Some Western diplomats, Congolese officials and Rwandan dissidents now believe that the
Rwandan government is simply using the F.D.L.R. as an excuse to prop up Mr. Nkunda
and maintain a sphere of influence in the mineral-rich area across the border.
“These are people who want to make business, and they cover it up with politics,” said
Faustin Twagiramungu, a former Rwandan prime minister now in exile in Belgium.
Congolese officials say that that the Rwandan government is making no efforts to bring the
Hutu militiamen back into Rwanda because Rwanda wants to make sure that any Hutu-
Tutsi violence plays out in Congo.
“What’s happening in eastern Congo is a Rwandese war is being fought on Congolese
soil,” said Kikaya bin Karubi, a member of Congo’s Parliament.
Rwandan officials dismiss these claims with a confident chuckle.
“We want to deal with these guys here,” Major Rutaremara said. “We want them back.”
Mr. Mutaboba, the Rwandan government envoy, said the allegations were part of “an
organized campaign to distort the whole problem and give it a regional dimension.”
“It’s not,” he said. “It’s a Congo problem.”
Ethnic and Business Ties
But it may be hard drawing a fine line between Congo and Rwanda, despite the lines on a
map. There is a long history of ethnic and business ties that seamlessly flow across the
colonially imposed borders, especially among the minority Tutsi who dominate business on
both sides, yet at the same time, feel threatened and a heightened sense of community as a
For example, several demobilized Rwandan soldiers in Kigali said the vast majority of
volunteers who recently crossed the border to fight with Mr. Nkunda were Tutsi. Some of
the soldiers said that they had relatives living in eastern Congo and that it was like a second
home to them.
According to four soldiers and one employee at the Rwandan demobilization commission,
at the end of their monthly meetings, officials at the commission ask for anyone fit and
ready to fight to stand up. Sometimes the commission provides bus fare to the border, the
soldiers said, and other travel costs. The soldiers usually travel unarmed, picking up
weapons on the other side, they said.
One demobilized Rwandan lieutenant who just got back from fighting in Congo looked
surprised when asked why he went.
“Why? I am Tutsi,” he said. “One hundred percent Tutsi.”