The Charter of the OAU/AU
This is the basic document of the OAU. It has been the cornerstone of the international legal system in Africa.
 
  Although the OAU Charter was clearly intended to be read in conjunction with the United Nations Charter, and the Universal Declaration of Human Rights, the guarding of human rights from government abuse was not the motivating impulse behind the charter. It was inspired by the anti-colonial struggles of the 1950's; the Union was dedicated primarily to the eradication of colonialism and the denunciation of abuse of Africans by non-Africans (monopolies, trade agreements, apartheid). The OAU through its charter was able to strengthen the anti-colonial lobby in the United Nations. Through the OAU the emerging African nations were able to create a political bloc to facilitate intra-African relations with external powers. However, it was not meant to question the actions of African governments themselves vis-à-vis their own populations.
 
  The Union's charter places paramount importance on the safeguarding of sovereignty, territorial integrity, and independence. This principle, enshrined as one of the fundamental purposes of the Organisation, was viewed as being essential in order to consolidate the African states' hard won independence and struggle against neo-colonialism in all its forms. Yet, the same anti-colonial sentiments that made the OAU such an effective political body in the drive toward independence, have been mobilized to suffocate the human rights potential of the Union. The concept of defending sovereignty and independence implied non-interference in the internal affairs of member states. The non-intervention principle has been the foundation stone of the Union, a sacred rule, which states have adhered to blindly. This emphasis on sovereignty has contributed to the reluctance of member states to seriously coonsider human rights promotion and enforcement. There has been a persistent unwillingness among member states to criticize one another in the face of gross human rights abuses. Furthermore, even in relation to breaches of grave human rights violations such as genocide, the OAU has been bogged down by the domestic jurisdiction clause. The OAU Charter facilitated this by not providing any enforcement mechanism to safeguard its principles. Rather, it emphasised cooperation among member states and the peaceful settlement of disputes through negotiation, mediation, and conciliation.
 
  Until very recently, the OAU/AU never condemned a single state for the ruthless treatment of its people, there were many times when the OAU turned a blind eye to politically repressive regimes. Increasing political repression, denial of political choice, restrictions on freedom of association, and other human rights violations met with rare murmurs of dissent from within the OAU. Furthermore, some massive human rights abuses in the context of armed conflict have drawn muted responses by adjacent states with OAU approval.
 
  Firstly, the non-intervention principle enshrined in the OAU Charter strongly obstructs the denunciation of human rights abuses carried out within the internationally recognized borders of states. Secondly, and maybe more importantly, the OAU has always been led by heads of state, who have been responsible for massive human rights violations. Inter-state denunciations on the subject of human rights violations is not likely in such a context.
 
  The main principles and purposes outlined in the charter are as follows:
  The following purposes and principles are stated in the OAU Charter adopted in 1963 in Addis Ababa, Ethiopia:
  The OAU objectives are stated in article II of the charter as follows:
  1. To promote the unity and solidarity of the African States;
  2. To co-ordinate and intensify their cooperation and efforts to achieve a better life for the peoples of Africa;
  3. To defend their sovereignty, their territorial integrity and independence;
  4. To eradicate all forms of colonialism from Africa;
  5. To promote international cooperation, having due regard to the Charter of the United Nations and the Universal Declaration of Human Rights.
  To achieve these goals Member States pledged themselves to harmonize their policies in the following fields:
  1. Political and diplomatic cooperation;
  2. Economic cooperation, including transport and communication;
  3. Educational and cultural cooperation;
  4. Health, sanitation, and nutritional cooperation; Scientific and technical cooperation;
  5. Cooperation for defence and security.
  The OAU principles are stated in article II of the charter as follows:
  1. The sovereign equality of all Member States;
  2. Non-interference in the internal affairs of States;
  3. Respect for the sovereignty and territorial integrity of each State and for its inalienable right to independent existence;
  4. Peaceful settlement of disputes by negotiation, mediation, conciliation or arbitration;
  5. Unreserved condemnation in all its forms, of political assassination as well as of subversive activities on the part of neighboring States or any other States;
  6. Absolute dedication to the total emancipation of the African territories which are still dependent;
  7. Affirmation of a policy of non-alignment with regard to all blocs.
 
  In proclaiming OAU principles and objectives, the Founding Fathers of the Organisation envisaged clearly a unity "that transcends ethnicity and national differences."
 
  For further information, please refer to the following sites:
  1. The African Charter on Human and Peoples' Rights: An African Contribution to the Project on Global Ethics
  2. African Charter on Human and Peoples' Rights
   
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