African Charter on Human and Peoples' Rights — Article 20 (Peoples' Right to Self-Determination)
Summary
Article 20 of the African Charter (Banjul Charter) affirms that 'all peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self-determination. They shall freely determine their political status and shall pursue their economic and social development.' Article 20(2) provides that colonised or oppressed peoples shall have the right to free themselves using any means recognised by the international community. Binding on 55 AU member states.
Relevance to the diaspora
While not directly binding on Sri Lanka, the African Charter's formulation of self-determination — including the right of 'oppressed peoples' — is the most robust formulation in any binding regional instrument and is cited in academic and advocacy arguments supporting Tamil self-determination claims as a broader matter of customary international law.
Key provisions
- Art. 20(1) — all peoples' right to self-determination
- Art. 20(2) — colonised or oppressed peoples' right to free themselves
- Art. 20(3) — right to assistance from state parties in liberation struggle
- Art. 22 — right to economic, social and cultural development