Critically evaluate, in a paragraph between 400-500 words, whether the African Charter on Human and People's Rights is permeated by 'values of African civilization'. Refer in your answer to the relevant provisions of the Charter. (10)

Answer 1

The African Charter on Human and People's Rights, also known as the Banjul Charter, was adopted by the Organization of African Unity (OAU) in 1981 and entered into force in 1986. The Charter seeks to promote and protect human rights and fundamental freedoms in Africa, reflecting the values and principles of African civilization. The preamble of the Charter acknowledges the importance of promoting and protecting human rights in light of the historical context of Africa's struggle against colonialism, apartheid, and discrimination. Article 2 of the Charter states that the Charter shall be interpreted in accordance with the principles of non-interference in the internal affairs of states, respect for sovereign equality, and the promotion of human rights. These principles are reflective of the values of African civilization, which prioritize autonomy, self-determination, and collective responsibility.

Furthermore, the Charter recognizes the importance of cultural and social values in the promotion and protection of human rights. Article 17 of the Charter stipulates that every individual shall have the right to education, which shall be directed to the promotion and respect of human rights, African solidarity, democracy, and peace. Article 22 emphasizes the importance of economic, social, and cultural rights, stating that all peoples shall have the right to their economic, social, and cultural development with due regard to their freedom and identity. These provisions reflect the values of African civilization, which prioritize the holistic development and well-being of individuals and communities.

Additionally, the Charter recognizes the importance of collective rights and responsibilities in the promotion and protection of human rights. Article 27 of the Charter states that every individual shall have duties towards their family and society, and shall promote and preserve harmonious development within the community. This provision reflects the communitarian values of African civilization, which emphasize the interconnectedness and interdependence of individuals within the community. By promoting collective rights and responsibilities, the Charter seeks to strengthen African solidarity and foster a sense of mutual respect and support among individuals and communities.

Overall, the African Charter on Human and People's Rights is permeated by the values of African civilization, as reflected in its principles, provisions, and objectives. The Charter emphasizes the importance of autonomy, self-determination, and collective responsibility, while also recognizing the significance of cultural and social values in the promotion and protection of human rights. By promoting human rights in a manner that is sensitive to the historical, cultural, and social context of Africa, the Charter seeks to advance the well-being and dignity of all individuals and communities on the continent.