ACHPR was one of the first instrument, instead of
drafting separate documents, combined and included all together in one charter
jus cogens, civil and political, social, economic and cultural rights and
reaffirmed in the preamble that all human rights are interdependent and some
(namely social, economic and cultural) rights cannot be treated as secondary
rights.
Another notable difference, from other major universal
human rights instruments or regionals, is the existence of separate chapter
directed toward the duties of individuals with the regards to the rights of
others, collective security, morality and the common interest. In the Charter,
most interesting are duties toward the one’s “family and society, the State and
other legally recognized communities.” ACHPR is the first human rights treaty
which gave the considerable attention to individuals’ duties. The existence of
mentioned chapter may be caused by the traditions and culture of African
States, communities or peoples. But, also many of duties listed in Charter are
standard obligations that any modern state places on its citizens. Same time,
Charter receives most criticism to be more group-oriented, than toward the
individual.
In contrast to other human rights instruments, ACHPR
making very strong accent not only of the rights of an individual but on the
“rights of peoples,” which can be explained from the perspective of historical
circumstances. Historically, African people and African wealth were exploited
and monopolized by the different foreign powers, therefore ACHPR stressed in
several articles about the people's right to free themselves from colonization
(Art. 20), dispose its own natural resources without deprivation (Art.21),
national and international peace and security (Art. 23), “general satisfactory
environment favorable to their development (Art. 24). Rights listed above,
people's right or collective rights are called “third-generation” human rights.
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