Given the Arab nation’s belief in human dignity since God honoured it by making the Arab World the cradle of religions and the birthplace of civilizations which confirms its right to a life of dignity, based on freedom, justice and equality,
Pursuant to the eternal principles of brotherhood, equality and tolerance among all human beings which were firmly established by the Islamic Shari’a and other divinely-revealed religions,
Being proud of the humanitarian principles which it firmly established in the course of its long history and which played a major role in disseminating centres of learning between the East and the West, thereby making it an international focal point for seekers of knowledge, culture and wisdom,
Conscious of the fact that the entire Arab World has always worked together to preserve its faith, believed in its unity, struggled to protect its freedom, defended the right of nations to self-determination, to safeguard their resources and to development, believed in the rule of law and its contribution to the protection of universal and interrelated human rights, and believed that every individual’s enjoyment of freedom, justice, and equality of opportunity is the yardstick by which the merits of any society are gauged,
Rejecting racism and zionism which constitute a violation of human rights and pose a threat to international peace and security, acknowledging the close interrelationship between human rights and world peace, reaffirming the principles of the Charter of the United Nations and the Universal Declaration of Human Rights, as well as the provisions of the United Nations International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights and the Cairo Declaration of Human Rights in Islam,
The State Parties to this Charter have agreed as follows:
Article 1
The present Charter shall undertake, in the context of the national identity of the Arab States, their sense of belonging to a common civilisation, to achieve the following goals:
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To place human rights at the centre of national preoccupation in the Arab States, to create great (fundamental) ideals for guiding the individual’s will in these Arab States, and to help him improve his situation (life) in accordance with the noblest human values. |
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To instill (teach) in the human being in the Arab States pride in his identity, to (be) be faithful to his nation and to have a bond with his land, his history and common interests with all human beings in the Arab States. To encourage humane brotherhood, tolerance and open-mindedness in accordance with universal principles and the principles set out in human rights international instruments. |
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To prepare future generations in the Arab States to live free and responsible lives in a civil society united by a balance between consciousness of rights and respect for obligations, and governed by principles of equality, tolerance and moderation. |
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To establish the principle that all human rights are universal, indivisible, interdependent and indissoluble. |
Article 2
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All peoples have the right of self-determination and control over their natural wealth and resources and, accordingly, have the right to freely determine the form of their political structure and to freely pursue their economic, social and cultural development. |
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All peoples have the right to live under national sovereignty and territorial unity. |
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All forms of racism, zionism, occupation and foreign domination pose a challenge to human dignity and constitute a fundamental obstacle to the realization of the basic rights of peoples. There is a need to condemn and endeavour to eliminate all such practices. |
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All peoples have the right to resist foreign occupation. |
Article 3
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Each State Party to the present Charter undertakes to ensure to all individuals within its territory and subject to its jurisdiction the right to enjoy all the rights and freedoms recognized herein, without any distinction on grounds of race, color, sex, language, religion, opinion, thought, national or social origin, property, birth or physical or mental disability. |
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The States Party to the present Charter shall undertake necessary measures to guarantee effective equality in the enjoyment of all rights and liberties established in the present Charter, so as to protect against all forms of discrimination based on any reason mentioned in the previous paragraph. |
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Men and women are equal in human dignity, in rights and in duties, within the framework of the positive discrimination established in favor of women by Islamic Shari’a and other divine laws, legislation and international instruments. Consequently, each State Party to the present Charter shall undertake all necessary measures to guarantee the effective equality between men and women. |
Article 4
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In time of public emergency which threatens the life of the nation and which shall be officially proclaimed as such, the State Parties may take measures derogating from their obligations under the present Charter to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. |
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No derogation from articles 5, 8, 9, 10, 13, 14, 15, 18, 19, 20, 22, 27, 28, and 29 shall be made under this provision. The legal guarantees for the protection of those rights may not be suspended. |
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Any State Party to the present Charter availing itself of the right of derogation shall immediately inform the other States Parties, through the intermediary of the Secretary General of the League of Arab States, of the provisions from which it has derogated and of the reason for which the derogation was declared. A further communication shall be made, through the same intermediary, on the date on which it shall terminate such derogation. |
Article 5
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Every human being has an inherent right to life. |
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This right shall be protected by law. No one shall be arbitrarily deprived of his life. |
Article 6
The death penalty shall be inflicted only for the most serious crimes in accordance with the law in force at the time of the commission of the crime. Such a penalty can only be carried out pursuant to a final judgment rendered by a competent court. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence.
Article 7
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The death penalty shall not be inflicted on a person under 18 years of age, unless otherwise provided by the law in force at the time of the commission of the crime. |
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The death penalty shall not be carried out on a pregnant woman prior to her delivery or on a nursing mother within two years from the date on which she gave birth. In any case, the interests of the infant shall prevail. |
Article 8
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No one shall be subjected to physical or mental torture or to cruel, inhuman or degrading treatment or punishment. |
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The State Parties shall protect every person in their territory from being subjected to such practices and take effective measures to prevent such acts. The practice thereof, or participation therein, shall be regarded as a punishable offense. Each victim of an act of torture is entitled to a right to compensation and rehabilitation. |
Article 9
No medical or scientific experimentation, or use of organs shall be carried out on any person without his free and informed consent about the consequences resulting from it. Ethical, humanitarian and professional rules shall be complied with. Medical procedures in conformity with the relevant laws of each State Party aiming to ensure the concerned person’s security shall be respected. The market of human organs is prohibited under all circumstances.
Article 10
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Slavery and slave trade in all their forms shall be prohibited and punishable by law. No one shall, under any circumstances, be held in slavery or in servitude. |
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Forced labor, human trafficking for prostitution or sexual exploitation, the exploitation of others for prostitution and any other form of exploitation, as well as exploiting children during armed conflicts, are prohibited. |
Article 11
All persons are equal before the law and have a right to enjoy its protection without discrimination.
Article 12
All persons are equal before the courts. The State Parties ensure the independence of the courts and the protection of judges against interference, pressure or threat. All persons within the territory of the State Parties are ensured a right to legal remedy.
Article 13
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Everybody has the right to a fair trial in which sufficient guarantees are ensured, conducted by a competent, independent and impartial tribunal established by law, in judging the grounds of criminal charges brought against him or in determining his rights and obligations. State Parties shall ensure financial aid to those without the necessary means to pay for legal assistance to enable them to defend their rights. |
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The hearing shall be public other than (except) in exceptional cases where the interests of justice so require in a democratic society which respects freedom and human rights. |
Article 14
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Every individual has the right to liberty and security of person and no one shall be arrested, searched or detained without a legal warrant. |
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No one shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law. |
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Anyone who is arrested shall be informed at the time of arrest, in a language which he understands, of the reasons for his arrest, and shall be promptly informed of any charges against him. Anyone who is arrested has a right to contact his relatives. |
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Anyone who has been deprived of his liberty by arrest or detention is entitled to be subjected to a medical examination, and shall be informed of such right. |
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Anyone arrested or detained on a criminal charge shall be brought promptly before a Judge or other officer authorized by law to exercise judicial power, and shall be entitled to trial within a reasonable time, or to release. The release may be subject to guarantees to appear for trial. It shall not be a general rule that persons awaiting trial shall be held in custody. |
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Anyone who is deprived of his liberty by arrest or detention shall be entitled to proceedings before a court, in order that a court may decide without delay on the lawfulness of his arrest or detention, and order his release if the arrest or the detention is not lawful. |
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Anyone who is the victim of unlawful arrest or detention shall be entitled to compensation. |
Article 15
There shall be no crime or punishment except as provided by a previously promulgated law. The accused shall benefit from subsequent legislation if it is in his favour.
Article 16
The accused shall be presumed innocent until proven guilty at a lawful trial. During the investigation and the trial, the accused shall be entitled to the following minimum guarantees:
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To be informed promptly and in detail, in a language which he understands, of the nature and cause of the charge against him. |
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To have adequate time and facilities for the preparation of his defense and to contact his relatives. |
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To be tried in his presence in front of a judge, and to defend himself or through legal assistance of his own choosing or with the assistance of his lawyer, with whom he can freely and confidentially communicate. |
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To have free legal assistance of a lawyer to defend himself if he does not have sufficient means to pay for his defense, and if the interests of justice so require. To have the free assistance of an interpreter if he cannot understand or speak the language of the court. |
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To examine, or have examined, the witnesses against him, and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him. |
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Not to be compelled to testify against himself or to confess to guilt. |
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If convicted of a crime, to have his conviction and sentence reviewed by a higher tribunal according to law. |
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To have the security of his person and his private life respected in all circumstances. |
Article 17
Each State Party shall ensure to all children deemed “at risk” and juvenile persons accused of an infraction the right to a special legal regime for minors during the length of the hearing, the trial, and application of judgment. Such special treatment shall be appropriate for their age, protect their dignity and promote their rehabilitation, and allow them to play a constructive role in society.
Article 18
No one shall be imprisoned on the ground of his proven inability to meet a debt or fulfil any civil obligation.
Article 19
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No one shall be tried twice for the same offense. Anyone against whom such proceedings are brought shall have the right to challenge their legality and to demand his release. |
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Anyone whose innocence has been established by a final judgment shall be entitled to compensation for damages suffered. |
Article 20
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Persons sentenced to a penalty of deprivation of liberty shall be treated with humanity and with respect for the inherent dignity of the human person. |
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Accused persons shall be separated from convicted persons and shall be subject to treatment appropriate to their status as unconvicted persons. |
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The essential aim of the penitentiary system is the reformation and social rehabilitation of prisoners. |