Critically evaluate, 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.

Answer 1

The African Charter on Human and People's Rights, also known as the Banjul Charter, is a comprehensive human rights instrument adopted by the African Union in 1981. The Charter is considered to be an important document that reflects the values and principles of African civilization.

One of the key features of the Charter is its emphasis on the collective rights of African people, in addition to individual rights. This reflects the traditional African values of communalism and solidarity, where the well-being of the community is considered as important as the rights of individuals. Article 19 of the Charter, for example, recognizes the right of all peoples to freely dispose of their wealth and natural resources for their development, in accordance with the principles of social justice.

Furthermore, the Charter includes provisions that recognize the cultural diversity of African societies and the importance of promoting and protecting indigenous cultures and traditions. Article 26 states that every individual has the duty to preserve and strengthen positive African cultural values, in the spirit of tolerance, dialogue and consultation. This highlights the Charter's commitment to promoting and preserving African cultural heritage in the context of human rights.

However, it is important to note that the Charter also incorporates universal human rights principles and standards, as enshrined in international human rights treaties. This reflects the influence of Western legal systems and human rights norms on the drafting of the Charter. For example, the Charter includes provisions on non-discrimination, equality before the law, and the right to a fair trial, which are commonly found in international human rights instruments.

In conclusion, while the African Charter on Human and People's Rights is influenced by the values of African civilization, it also incorporates universal human rights principles. The Charter seeks to strike a balance between recognizing and respecting the cultural diversity and traditions of African societies, while also upholding the fundamental rights and freedoms of individuals. This dual approach reflects the complexities of human rights discourse in Africa, where both traditional values and universal norms are considered in the pursuit of justice and equality.