Page 1 of 14

Journal for Studies in Management and Planning

Available at http://internationaljournalofresearch.org/index.php/JSMaP

e-ISSN: 2395-0463

Volume 01 Issue 07

August 2015

Available online: http://internationaljournalofresearch.org/ P a g e | 493

The Protection and Promotion of Civil and Economic Rights and

Liberties in Africa as Enshrined Under theAfrican Charter on

Human and Peoples’ Rights: Ethiopia at a Glance

Beresa Abera

Pan African University Institute of Governance, Humanities and social Sciences

Department of Governance and regional Integration

Abstract

Nowadays, different regions of the world

adopted their own human rights protection

instruments to protect and promote human

rights of their people based on their

peculiarity. As part of this move, the

Organization of African Union adopted

African Charter on Human and Peoples’

Rights in 1981 which came in to force in

1986. Member States of OAU ratified the

document so as to domesticate in to their

constitutions and other laws. Accordingly,

Ethiopia had ratified the document and the

provisions of the charter are incorporated

in the current FDRE constitution. In fact,

human rights are enshrined in the

constitution in more detailed manner.

Writing principles and values of human

rights in the document is one thing, and

effectively practicing the written

provisions for the promotion and

protection of people’s human rights is

another thing. Evidences show that there is

a gap between the constitution and daily

practice of the government with regard to

human rights. The civil liberties and

economic rights of people are challenged

in the country due to lack of commitment

On the part of government in which the

rights guaranteed in the constitution are

violated by the government itself.

INTRODUCTION

The African Charter on Human and

Peoples Rights, otherwise called the

Banjul Charter, was adopted in 1981 and

entered in force in 1986, and guaranteed

civil rights and liberties and economic

rights in the first part from articles 4 to 15.

In its article 1 states that, “the Member

States of the Organization of African Unity

(currently changed in to African Union)

parties to the present Charter shall

recognize the rights, duties and freedoms

enshrined in this Charter and shall

undertake to adopt legislative or other

measures to give effect to them.” Hence,

the protection and promotion of rights

enshrined in the charter rely on the

member states commitment. In the second

part, it laid down measures of safeguard

through the establishment of African

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Journal for Studies in Management and Planning

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e-ISSN: 2395-0463

Volume 01 Issue 07

August 2015

Available online: http://internationaljournalofresearch.org/ P a g e | 494

Commission on Human and Peoples’

Rights.

For the purpose of implementing these

rights, the Charter set up the African

commission on human and peoples’ Rights

charged with the promotion and protection

of the rights set out in the charter. It has

the mandate to interpret and implement the

provision of the charter. The commission

has an authority to study the reports

submitted by states and make observations

up on them and has adopt guidelines.

However, the final recommendations of

the Commission are not in themselves

legally binding on States.

In addition, in 1998, the thirty-fourth

summit of Head of State and Government

of the OAU adopted a protocol to the

African Charter on Human and Peoples'

Rights on the Establishment of an African

Court on Human and Peoples' Rights

(ACHPR) The Protocol came into force

in 2004. The African Court of Justice was

merged with the African Court of Human

and People’s Rights to become what is

now known as ‘The African Court of

Justice and Human Rights’ in 2008 under

AU. Currently African Court of Justice

and Human Rights, established in 2008, is

the judicial organ of the AU for protection

and promotion of human rights in the

continent. Unlike the Commission, the

Court can be able to issue binding and

enforceable decisions. Furthermore, the

African Peer Review Mechanism is also

another instrument that can be acceded to

by members of the African Union and is

designed as an African self-monitoring

mechanism.

However, these consecutively established

judicial bodies and the other oversight

mechanism instituted by the organization

hardly materialize the provisions of the

charter and protect human rights of the

people against violations by the

governments. As such there exist gross

violations of human rights in the continent

including government sponsored genocide.

Ethiopia, as one of the active member state

to the organization, has had adopted

constitutional, legislative and institutional

measures with a view to promote and

protect the rights, freedoms and discharge

duties enshrined in the Charter. The

Constitution of the Federal Democratic

Republic of Ethiopia (FDRE), which was

adopted in 1995 by the current government

in power, is the foundation of the

country’s democratic system of

governance. The Constitution, as the

supreme law of the land and as the basic

legal framework for the promotion and

Page 3 of 14

Journal for Studies in Management and Planning

Available at http://internationaljournalofresearch.org/index.php/JSMaP

e-ISSN: 2395-0463

Volume 01 Issue 07

August 2015

Available online: http://internationaljournalofresearch.org/ P a g e | 495

protection of human rights in the country,

sets forth the affirmative commitments of

the country to the cause of human rights.

Article 9 (4) of the Constitution, for

example, provides that international

agreements ratified by Ethiopia form an

integral part of the law of the land. As

such, by virtue of the Constitution, all

ratified human right treaties including the

African Charter on Peoples and Human

Rights Ipso facto form an integral part of

the law of the land. The institutions

responsible for the protection and

promotion of Human Rights in the country

include the judicial institutions, the

Ethiopian Human Rights Commission and

the Ministry of Justice.

However, it has been observed that there

are violations of basic human rights

against this backdrop. In this article, the

discussions is limited to civil Rights and

Liberties as enshrined in the Charter under

articles 4 to 12 and Economic Rights on

the basis articles 14 and 15 of the Charter.

The analysis, though shallow, takes the

Charter as a landmark and scrutinize the

efforts made by the current Ethiopian

government to materialize the rights

enshrined and highlight the practical

limitations it has had thereof.

1. CIVIL RIGHTS AND LIBERTIES

The Civil Rights and Liberties which are

guaranteed by the African Charter on

Human and Peoples Rights, as enshrined

in articles 4-12, include the right to life

and personal integrity, freedom of

conscience, religion and belief, access to

Information, freedom of expression and

opinion, freedom of association and

assembly, and freedom of movement.

1.1. Right to Life and Personal

Integrity

The Right to Life and Personal Integrity,

which constitute one core element of

human rights, is clearly stated in article 4

of the African Charter on Human and

Peoples Rights. This article states that,

“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” (OAU, 1981). Though the

conditions under which this right is not

clearly inducted by the charter, this right is

never absolute and subject to laws.

In Ethiopia, this right is guaranteed by the

constitution as well as several policy

measures, legislative measures and

institutional measures have been taken

place by the government for effective

protection and promotion.