Banjul Charter

The Banjul Charter, formally the African Charter on Human and Peoples' Rights, was adopted by the Organisation of African Unity (OAU) in Nairobi on 27 June 1981 and entered into force on 21 October 1986. It takes its informal name from Banjul, the Gambian capital, where draft sessions were held in 1980 and 1981. All 55 member states of the African Union have ratified it, making it one of the most widely accepted regional human rights instruments.

The Charter is distinctive among regional human rights treaties for several reasons:

• It combines civil and political rights (Articles 2–14) with economic, social, and cultural rights (Articles 15–18) in a single binding text, without the tiered enforcement found in the UN Covenants.
• It enshrines peoples' rights (Articles 19–24), including the right to self-determination, to freely dispose of natural resources, to development, and to a satisfactory environment — language reflecting post-colonial priorities.
• It uniquely pairs rights with individual duties to family, society, and the state (Articles 27–29).
• It references African values and traditions, allowing some interpretive latitude that has drawn both praise and criticism.

Enforcement was initially entrusted to the African Commission on Human and Peoples' Rights, based in Banjul, which examines state reports and individual communications but issues only non-binding recommendations. A 1998 Protocol established the African Court on Human and Peoples' Rights, seated in Arusha, Tanzania, which began operations in 2006 and can issue binding judgments — though only against states that have accepted its jurisdiction, and direct individual access requires a separate declaration under Article 34(6).

Two key supplementary instruments expand the framework: the Protocol on the Rights of Women in Africa (the Maputo Protocol, 2003) and the African Charter on the Rights and Welfare of the Child (1990). The Charter remains a foundational reference for human rights litigation, advocacy, and African Union policy.