Plan International - Girls' Rights Platform - Girls' rights are human rights: Positioning girls at the heart of the international agenda

2. States Parties shall undertake to pursue the full implementation of this right and in particular shall take measures to: c) Provide access to youth friendly reproductive health services including contraceptives, antenatal and post natal services;

RECOGNISING that youth are partners, assets and a prerequisite for sustainable development and for the peace and prosperity of Africa with a unique contribution to make to the present and to future development;

ACKNOWLEDGING the commitments already made towards the United Nations Millennium Development Goals (MDGs) and inviting the partners to reaffirm their support to advance the well-being of youth;

CONSIDERING the role that youth have played in the process of decolonisation, the struggle against apartheid and more recently in its efforts to encourage the development and to promote the democratic processes on the African Continent;

ACKNOWLEDGING ALSO the call in Bamako (2005) by the youth organisations across Africa to empower youth by building their capacity, leadership, responsibilities and provide access to information such that they can take up their rightful place as active agents in decision-making and governance;

3. States Parties shall ensure that youth are not arbitrarily deprived of their property including inherited property.

3. States Parties shall: c) Encourage international co-operation in the production, exchange and dissemination of information from both national and international sources that are of economic, social and cultural value to youth;

State Parties shall commit themselves to promote democracy, the principle of the rule of law and human rights.

The Assembly may decide to apply other forms of sanctions on perpetrators of unconstitutional change of government including punitive economic measures.

State Parties shall ensure and promote strong partnerships and dialogue between government, civil society and private sector.

State Parties shall strive to institutionalize good political governance through: Strengthening the functioning and effectiveness of parliaments;

The Commission shall: Act as the central coordinating structure for the implementation of this Charter;

A copy of the report shall be submitted to the relevant organs of the Union for appropriate action within their respective mandates;

All persons have a right to be protected against arbitrary displacement. The prohibited categories of arbitrary displacement include but are not limited to: Individual or mass displacement of civilians in situations of armed conflict, unless the security of the civilians involved or imperative military reasons so demand, in accordance with international humanitarian law;

The African Union shall support the efforts of the States Parties to protect and assist internally displaced persons under this Convention. In particular, the Union shall: d. Cooperate directly with African States and international organizations and humanitarian agencies, civil society organizations and other relevant actors, with respect to appropriate measures to be taken in relation to the protection of and assistance to internally displaced persons;

States Parties shall protect the rights of internally displaced persons regardless of the cause of displacement by refraining from, and preventing, the following acts, amongst others: Sexual and gender based violence in all its forms, notably rape, enforced prostitution, sexual exploitation and harmful practices, slavery, recruitment of children and their use in hostilities, forced labour and human trafficking and smuggling; and

The African Union shall support the efforts of the States Parties to protect and assist internally displaced persons under this Convention. In particular, the Union shall: c. Collaborate with international organizations and humanitarian agencies, civil society organizations and other relevant actors in accordance with their mandates, to support measures taken by States Parties to protect and assist internally displaced persons.

This Convention shall be without prejudice to the human rights of internally displaced persons under the African Charter on Human and Peoples' Rights and other applicable instruments of international human rights law or international humanitarian law. Similarly, it shall in no way be understood, construed or interpreted as restricting, modifying or impeding existing protection under any of the instruments mentioned herein.

1. States Parties shall combat all forms of discrimination against women through appropriate legislative, institutional and other measures. In this regard they shall: a) include in their national constitutions and other legislative instruments, if not already done, the principle of equality between women and men and ensure its effective application;

States Parties shall prohibit and condemn all forms of harmful practices which negatively affect the human rights of women and which are contrary to recognised international standards. States Parties shall take all necessary legislative and other measures to eliminate such practices, including: protection of women who are at risk of being subjected to harmful practices or all other forms of violence, abuse and intolerance.

Women and men are equal before the law and shall have the right to equal protection and benefit of the law. States Parties shall take all appropriate measures to ensure: the establishment of adequate educational and other appropriate structures with particular attention to women and to sensitise everyone to the rights of women;

1. States Parties acknowledge the need to eliminate discrimination against girls and young women according to obligations stipulated in various international, regional and national human rights conventions and instruments designed to protect and promote women's rights. In this regard, they shall: i) Protect girls and young women from economic exploitation and from performing work that is hazardous, takes them away from education or that is harmful to their mental or physical health;

2. States Parties shall take all appropriate measures to ensure the increased participation of women: c) in the local, national, regional, continental and international decision making structures to ensure physical, psychological, social and legal protection of asylum seekers, refugees, returnees and displaced persons, in particular women;

1. States Parties shall combat all forms of discrimination against women through appropriate legislative, institutional and other measures. In this regard they shall: b) enact and effectively implement appropriate legislative or regulatory measures, including those prohibiting and curbing all forms of discrimination particularly those harmful practices which endanger the health and general well-being of women;

When a situation arises in a State Party that may affect its democratic political institutional arrangements or the legitimate exercise of power, the Peace and Security Council shall exercise its responsibilities in order to maintain the constitutional order in accordance with relevant provisions of the Protocol Relating to the Establishment of the Peace and Security Council of the African Union, hereinafter referred to as the Protocol.

The African Union shall respect the right of States Parties to request intervention from the Union in order to restore peace and security in accordance with Article 4(j) of the Constitutive Act and thus contribute to the creation of favourable conditions for finding durable solutions to the problem of internal displacement;

States Parties shall: c. Provide special protection for and assistance to internally displaced persons with special needs, including separated and unaccompanied children, female heads of households, expectant mothers, mothers with young children, the elderly, and persons with disabilities or with communicable diseases;

States Parties shall: i. Take necessary measures to protect individual, collective and cultural property left behind by displaced persons as well as in areas where internally displaced persons are located, either within the jurisdiction of the State Parties, or in areas under their effective control;

Until such time as and when the latter shall have been established, the dispute or differences shall be submitted to the Conference of the States Parties, which will decide by consensus or, failing which, by a two-third (2/3) majority of the States Parties present and voting.

States Parties shall seek lasting solutions to the problem of displacement by promoting and creating satisfactory conditions for voluntary return, local integration or relocation on a sustainable basis and in circumstances of safety and dignity.

1. States Parties shall combat all forms of discrimination against women through appropriate legislative, institutional and other measures. In this regard they shall: d) take corrective and positive action in those areas where discrimination against women in law and in fact continues to exist;

States Parties shall enact appropriate legislation to ensure that women and men enjoy the same rights in case of separation, divorce or annulment of marriage. In this regard, they shall ensure that: separation, divorce or annulment of a marriage shall be effected by judicial order;

1. States Parties shall combat all forms of discrimination against women through appropriate legislative, institutional and other measures. In this regard they shall: e) support the local, national, regional and continental initiatives directed at eradicating all forms of discrimination against women.

States Parties shall enact appropriate legislation to ensure that women and men enjoy the same rights in case of separation, divorce or annulment of marriage. In this regard, they shall ensure that: women and men shall have the same rights to seek separation, divorce or annulment of a marriage;

1. States Parties acknowledge the need to eliminate discrimination against girls and young women according to obligations stipulated in various international, regional and national human rights conventions and instruments designed to protect and promote women's rights. In this regard, they shall: f) Ensure that education material and teaching practices are gender sensitive and encourage girls and young women to undertake studies in the sciences;

Women and men are equal before the law and shall have the right to equal protection and benefit of the law. States Parties shall take all appropriate measures to ensure: that law enforcement organs at all levels are equipped to effectively interpret and enforce gender equality rights;

2. States Parties shall: Endeavour to incorporate the relevant principles contained in this Convention into peace negotiations and agreements for the purpose of finding sustainable solutions to the problem of internal displacement.

International organizations and humanitarian agencies shall discharge their obligations under this Convention in conformity with international law and the laws of the country in which they operate.

The States Parties undertake to: a) ensure the protection of women with disabilities and take specific measures commensurate with their physical, economic and social needs to facilitate their access to employment, professional and vocational training as well as their participation in decision-making;

States Parties shall assess or facilitate the assessment of the needs and vulnerabilities of internally displaced persons and of host communities, in cooperation with international organizations or agencies.

1. States Parties acknowledge the need to eliminate discrimination against girls and young women according to obligations stipulated in various international, regional and national human rights conventions and instruments designed to protect and promote women's rights. In this regard, they shall: a) Introduce legislative measures that eliminate all forms of discrimination against girls and young women and ensure their human rights and fundamental freedoms;

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: e) take into account indicators of human development specifically relating to women in the elaboration of development policies and programmes; and

RECOGNISING the efforts made by States Parties and civil societies to address the economic, social, educational, cultural and spiritual needs of youth;

GUIDED by the Constitutive Act of the African Union, the States Parties to the present "African Youth Charter",

GUIDED by the New Partnership for Africa's Development Strategic Framework for Youth Programme of 2004 that is working towards youth empowerment and development;

TAKING INTO CONSIDERATION the inter-relatedness of the challenges facing youth and the need for cross-sectoral policies and programmes that attend to the needs of youth in a holistic manner;

1. Every young person shall be assured the right to express his or her ideas and opinions freely in all matters and to disseminate his or her ideas and opinions subject to the restrictions as are prescribed by laws.

1. The family, as the most basic social institution, shall enjoy the full protection and support of States Parties for its establishment and development noting that the structure and form of families varies in different social and cultural contexts.

TAKING INTO CONSIDERATION the needs and aspirations of young displaced persons, refugees and youth with special needs;

State Parties shall ensure that the independence or autonomy of the said institutions is guaranteed by the constitution.

Guided by our common mission to strengthen and consolidate institutions for good governance, continental unity and solidarity;

State Parties shall recognize popular participation through universal suffrage as the inalienable right of the people.

State Parties shall ensure that the process of amendment or revision of their constitution reposes on national consensus, obtained if need be, through referendum.

The objectives of this Charter are to: Promote gender balance and equality in the governance and development processes;

State Parties shall respect ethnic, cultural and religious diversity, which contributes to strengthening democracy and citizen participation.

However, the suspended State Party shall continue to fulfil its obligations to the Union, in particular with regard to those relating to respect of human rights.

Perpetrators of unconstitutional change of government may also be tried before the competent court of the Union.

In order to advance political, economic and social governance, State Parties shall commit themselves to: Improving public sector management;

State Parties shall strive to institutionalize good political governance through: Accountable, efficient and effective public administration;

State Parties shall institutionalize good economic and corporate governance through, inter alia: Providing a conducive environment for foreign capital inflows;

State Parties shall undertake to provide and enable access to basic social services to the people.

State Parties shall promote participation of social groups with special needs, including the Youth and people with disabilities, in the governance process.

State Parties shall strive to institutionalize good political governance through: Harmonious relationships in society including civil-military relations;

State Parties shall institutionalize good economic and corporate governance through, inter alia: Promoting transparency in public finance management;

To give effect to the commitments contained in this Charter: Commission Level At Regional Level The Commission shall establish a framework for cooperation with Regional Economic Communities on the implementation of the principles of the Charter. In this regard, it shall commit the Regional Economic Communities (RECs) to: Designate focal points for coordination, evaluation and monitoring of the implementation of the commitments and principles enshrined in this Charter in order to ensure massive participation of stakeholders, particularly civil society organizations, in the process.

No provision in this Convention shall be interpreted as affecting or undermining the right of internally displaced persons to seek and be granted asylum within the framework of the African Charter on Human and Peoples' Rights, and to seek protection, as a refugee, within the purview of the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa or the 1951 U.N Convention Relating to the Status of Refugees as well as the 1967 Protocol Relating to the Status of Refugees.

States Parties shall devise early warning systems, in the context of the continental early warning system, in areas of potential displacement, establish and implement disaster risk reduction strategies, emergency and disaster preparedness and management measures and, where necessary, provide immediate protection and assistance to internally displaced persons;

States Parties shall cooperate, where appropriate, with the African Union and international organizations or humanitarian agencies and civil society organizations, in providing protection and assistance in the course of finding and implementing solutions for sustainable return, local integration or relocation and long-term reconstruction.

1. Every young person shall be entitled to the enjoyments of the rights and freedoms recognized and guaranteed in this Charter irrespective of their race, ethnic group, colour, sex, language, religion, political or other opinion, national and social origin, fortune, birth or other status.

1.States Parties undertake to respect and ensure respect for the present Convention. In particular, States Parties shall: Ensure the accountability of non-State actors concerned, including multinational companies and private military or security companies, for acts of arbitrary displacement or complicity in such acts;

All persons have a right to be protected against arbitrary displacement. The prohibited categories of arbitrary displacement include but are not limited to: Displacement based on policies of racial discrimination or other similar practices aimed at/or resulting in altering the ethnic, religious or racial composition of the population;

States Parties shall respect the mandates of the African Union and the United Nations, as well as the roles of international humanitarian organizations in providing protection and assistance to internally displaced persons, in accordance with international law.

Nothing in this Convention shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the Government, by all legitimate means, to maintain or re-establish law and order in the State or to defend the national unity and territorial integrity of the State.

The provisions of this Article shall not, in any way whatsoever, be construed as affording legal status or legitimizing or recognizing armed groups and are without prejudice to the individual criminal responsibility of the members of such groups under domestic or international criminal law.

Members of armed groups shall be prohibited from: c. Denying internally displaced persons the right to live in satisfactory conditions of dignity, security, sanitation, food, water, health and shelter; and separating members of the same family;

International organizations and humanitarian agencies shall be bound by the principles of humanity, neutrality, impartiality and independence of humanitarian actors, and ensure respect for relevant international standards and codes of conduct.

Members of armed groups shall be prohibited from: f. Forcibly recruiting persons, kidnapping, abduction or hostage taking, engaging in sexual slavery and trafficking in persons especially women and children;

All persons have a right to be protected against arbitrary displacement. The prohibited categories of arbitrary displacement include but are not limited to: Displacement intentionally used as a method of warfare or due to other violations of international humanitarian law in situations of armed conflict;

The African Union shall support the efforts of the States Parties to protect and assist internally displaced persons under this Convention. In particular, the Union shall: a. Strengthen the institutional framework and capacity of the African Union with respect to protection and assistance to internally displaced persons;

All persons have a right to be protected against arbitrary displacement. The prohibited categories of arbitrary displacement include but are not limited to: Displacement as a result of harmful practices;

In providing protection and assistance to Internally Displaced Persons, international organizations and humanitarian agencies shall respect the rights of such persons in accordance with international law.

Members of armed groups shall be prohibited from: g. Impeding humanitarian assistance and passage of all relief consignments, equipment and personnel to internally displaced persons

1.States Parties undertake to respect and ensure respect for the present Convention. In particular, States Parties shall: Respect and ensure respect for international humanitarian law regarding the protection of internally displaced persons,;

2. States Parties shall undertake to pursue the full implementation of this right and in particular shall take measures to: f) Expand the availability and encourage the uptake of voluntary counselling and confidential testing for HIV/AIDS;

In view of the important role of youth in promoting peace and non-violence and the lasting physical and psychological scars that result from involvement in violence, armed conflict and war, States Parties shall: a) Strengthen the capacity of young people and youth organisations in peace building, conflict prevention and conflict resolution through the promotion of intercultural learning, civic education, tolerance, human rights education and democracy, mutual respect for cultural, ethnic and religious diversity, the importance of dialogue and cooperation, responsibility, solidarity and international cooperation;

2. States Parties shall in particular: d) Provide induction programmes for imprisoned youth that are based on reformation, social rehabilitation and re-integration into family life;

2. States Parties shall in particular: c) Build rehabilitation facilities for accused and imprisoned youth who are still minors and house them separately from adults;

RECALLING the resolution of the Heads of State and government during the 1999 Algiers Summit for the development of the Pan-African Charter;

CONSIDERING that the promotion and protection of the rights of youth also implies the performance of duties by youth as by all other actors in society;

1. States Parties of the African Union to the present Charter shall recognize the rights, freedoms and duties enshrined in this Charter.

2. Young people shall not be compelled to belong to an association.

1. Every young person shall have the right to own and to inherit property.

1. Every young person shall have the right to social, economic, political and cultural development with due regard to their freedom and identity and in equal enjoyment of the common heritage of mankind.

1. Every young person shall have the right to participate in all spheres of society.

1. Every State Parties shall develop a comprehensive and coherent national youth policy. k) Such a programme of action shall be accompanied by adequate and sustained budgetary allocation.

2. The value of multiple forms of education, including formal, non-formal, informal, distance learning and life-long learning, to meet the diverse needs of young people shall be embraced.

4. States Parties shall take all appropriate measures with a view to achieving full realisation of this right and shall, in particular: c) Take steps to encourage regular school attendance and reduce drop-out rates;

1. Every State Parties shall develop a comprehensive and coherent national youth policy. h) The policy shall be adopted by parliament and enacted into law;

3. The education of young people shall be directed to: d) The preservation and strengthening of positive African morals, traditional values and cultures and the development of national and African identity and pride;

4. States Parties shall take all appropriate measures with a view to achieving full realisation of this right and shall, in particular: f) Make higher education equally accessible to all including establishing distance learning centres of excellence;

1. Every State Parties shall develop a comprehensive and coherent national youth policy. g) A baseline evaluation or situation analysis shall inform the policy on the priority issues for youth development;

1. Every young person shall have the right to free association and freedom of peaceful assembly in conformity with the law.

2. Young men and women of full age who enter into marriage shall do so based on their free consent and shall enjoy equal rights and responsibilities.

Nothing in this Charter shall be taken as minimising higher standards and values contained in other relevant human rights instruments ratified by States concerned or rational law or policies.

4. States Parties shall take all appropriate measures with a view to achieving full realisation of this right and shall, in particular: a) Provide free and compulsory basic education and take steps to minimise the indirect costs of education;

2. States Parties shall commit themselves to modify the social and cultural patterns of conduct of women and men through public education, information, education and communication strategies, with a view to achieving the elimination of harmful cultural and traditional practices and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes, or on stereotyped roles for women and men.

4. States Parties shall take all appropriate measures with a view to achieving full realisation of this right and shall, in particular: k) Encourage youth participation in community work as part of education to build a sense of civic duty;

6. State Parties should encourage youth to conduct research. In this regard, an African discoveries day should be established along with mechanism of awarding prizes at the continental level.

1. States Parties shall take the following steps to promote and protect the morals and traditional values recognised by the community: a) Eliminate all traditional practices that undermine the physical integrity and dignity of women;

States Parties shall recognise the right of young people to live anywhere in the world. In this regard, they shall: e) Promote and protect the rights of young people living in the diaspora;

1. States Parties acknowledge the need to eliminate discrimination against girls and young women according to obligations stipulated in various international, regional and national human rights conventions and instruments designed to protect and promote women's rights. In this regard, they shall: m) Develop programmes of action that provide legal, physical and psychological support to girls and young women who have been subjected to violence and abuse such that they can fully re-integrate into social and economic life;

Every young person shall have responsibilities towards his family and society, the State, and the international community. Youth shall have the duty to: b) Protect and work for family life and cohesion;

Every young person shall have responsibilities towards his family and society, the State, and the international community. Youth shall have the duty to: o) Protect the environment and conserve nature.

States Parties shall prohibit and condemn all forms of harmful practices which negatively affect the human rights of women and which are contrary to recognised international standards. States Parties shall take all necessary legislative and other measures to eliminate such practices, including: creation of public awareness in all sectors of society regarding harmful practices through information, formal and informal education and outreach programmes;

State Parties shall implement this Charter in accordance with the following principles: Transparency and fairness in the management of public affairs;

State Parties shall take all appropriate measures to ensure constitutional rule, particularly constitutional transfer of power.

The objectives of this Charter are to: Promote adherence, by each State Party, to the universal values and principles of democracy and respect for human rights;

State Parties shall entrench the principle of the supremacy of the constitution in the political organization of the State.

The objectives of this Charter are to: Promote best practices in the management of elections for purposes of political stability and good governance.

State Parties shall implement this Charter in accordance with the following principles: Promotion of gender equality in public and private institutions;

Concerned about the unconstitutional changes of governments that are one of the essential causes of insecurity, instability and violent conflict in Africa;

In this Charter, unless otherwise stated, the following expressions shall have the following meaning: “Commission” means the Commission of the Union;

State Parties shall establish public institutions that promote and support democracy and constitutional order.

State Parties shall implement this Charter in accordance with the following principles: Promotion of a system of government that is representative;

State Parties shall ensure that these institutions are accountable to competent national organs.

State Parties re-affirm their commitment to regularly holding transparent, free and fair elections in accordance with the Union’s Declaration on the Principles Governing Democratic Elections in Africa. To this end, State Parties shall: Ensure that there is a binding code of conduct governing legally recognized political stakeholders, government and other political actors prior, during and after elections. The code shall include a commitment by political stakeholders to accept the results of the election or challenge them in through exclusively legal channels.

State Parties shall cooperate at regional and continental levels in building and consolidating democracy through exchange of experiences.

All electoral observer missions shall present the report of their activities to the Chairperson of the Commission within a reasonable time.

Electoral observer missions shall be conducted in an objective, impartial and transparent manner.

Notwithstanding the suspension of the State Party, the Union shall maintain diplomatic contacts and take any initiatives to restore democracy in that State Party.

Each State Party shall inform the Commission of scheduled elections and invite it to send an electoral observer mission.

State Parties shall institutionalize good economic and corporate governance through, inter alia: Poverty alleviation;

State Parties shall pursue sustainable development and human security through achievement of NEPAD objectives and the United Nations Millennium Development Goals (MDGs).

A copy of the report shall be submitted to the State Party concerned within a reasonable time.

State Parties shall strive to institutionalize good political governance through: Consolidating sustainable multiparty political systems;

State Parties shall institutionalize good economic and corporate governance through, inter alia: Preventing and combating corruption and related offences;

State Parties shall institutionalize good economic and corporate governance through, inter alia: Developing tax policies that encourage investment;

To give effect to the commitments contained in this Charter: Individual State Party Level State Parties commit themselves to implement the objectives, apply the principles and respect the commitments enshrined in this Charter as follows: State Parties shall take all necessary measures in accordance with constitutional provisions and procedures to ensure the wider dissemination of the Charter and all relevant legislation as may be necessary for the implementation of its fundamental principles;

The Peace and Security Council shall lift sanctions once the situation that led to the suspension is resolved.

This Charter shall be open for signature, ratification and accession by Member States of the Union in accordance with their respective constitutional procedures.

The instruments of ratification or accession shall be deposited with the Chairperson of the Commission.

Any State Party may submit proposals for the amendment or revision of this Charter;

The amendments or revisions shall enter into force when approved by two-thirds majority of State Parties.

The Commission shall: Assist State Parties in implementing the Charter;

The Commission shall prepare and submit to the Assembly, through the Executive Council, a synthesized report on the implementation of the Charter;

The Chairperson of the Commission shall be the depository of this Charter;

This Charter shall enter into force thirty (30) days after the deposit of fifteen (15) Instruments of Ratification.

NOTING the specific roles of international Organizations and agencies within the framework of the United Nations inter-agency collaborative approach to internally displaced persons, especially the protection expertise of the Office of the United Nations High Commissioner for Refugees (UNHCR) and the invitation extended to it by the Executive Council of the African Union in Decision EX/CL.413 (XIII) of July 2008 at Sharm El Sheikh, Egypt, to continue and reinforce its role in the protection of and assistance to internally displaced persons, within the United Nations coordination mechanism; and noting also the mandate of the International Committee of the Red Cross to protect and assist persons affected by armed conflict and other situations of violence, as well as the work of civil society organizations, in conformity with the laws of the country in which they exercise such roles and mandates;

States Parties shall: f. Guarantee the freedom of movement and choice of residence of internally displaced persons, except where restrictions on such movement and residence are necessary, justified and proportionate to the requirements of ensuring security for internally displaced persons or maintaining public security, public order and public health;