A House with Two Rooms - The Advocates for Human Rights

• freedom of movement;
• the right to participate in the government;
• the right to own property;
• the right to work and to receive equal pay for equal work;
• the right to enjoy the best attainable state of physical and mental health; and
• the right to an education;
• and the right to family. 116
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Appendix B
Also recognized are the peoples’ rights to equality, existence, and self-determination; right to
dispose of wealth and natural resources; economic, social, and cultural development; national
and international peace and security; and “a general satisfactory environment favorable to their
development.” 117
Uniquely, the African Charter also imposes certain general duties on individuals in regard to
groups, including “family and society, the State and other legally recognized communities and the
international community,” and toward other individuals. 118 In particular, “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.” 119 The African
Charter requires every individual to preserve the harmonious development of the family, serve
one’s national community, not compromise the security of the state, preserve and strengthen the
social and national solidarity, work to the best of one’s abilities and competence, pay taxes, preserve
and strengthen positive African cultural values, and contribute to the best of one’s ability to the
promotion and achievement of African unity. 120
Unlike the ICCPR and the American and European Conventions, the African Charter does
not explicitly provide for any derogation of rights in times of public emergency. The African
Commission on Human and Peoples’ Rights (“African Commission”) has interpreted this to mean
that derogations are not permissible under the African Charter. 121 Rather, the African Charter states
that the “rights and freedoms of each individual shall be exercised with due regard to the rights of
others, collective security, morality and common interest.” 122 In specific instances, states may place
restrictions on certain rights as “provided for by law for the protection of national security, law and
order, public health or morality.” 123
The African Charter created the African Commission “to promote human and peoples’ rights and
ensure their protection in Africa.” 124 The African Commission may study particular problems and
make recommendations to states, “formulate and lay down principles and rules aimed at solving legal
problems relating to human and peoples’ rights,” and cooperate with other African and international
institutions to promote human rights. 125 The African Commission is also empowered to consider
disputes between states but only after all domestic remedies have been exhausted “unless . . . the
procedure of achieving these remedies would be unduly prolonged.” 126 Individual communications