This journal entry is based on Marius Pieterse, ‘Traditional’ African Jurisprudence in Roederer and Moellendorf Jurisprudence

Question

(Juta 2004) 438-462 You might have to do further research in order to answer the question.

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, particularly chapters 18, 19,20,21,22,27,28,29 (10)

Answer 1

The African Charter on Human and People's Rights can be seen as permeated by 'values of African civilization' due to its emphasis on the collective rights of individuals within a community and the importance of communal well-being. Chapter 18 of the Charter recognizes the traditional values of African society and the need for individuals to contribute to the development of their communities. Chapter 19 protects the rights of individuals to participate in the cultural life of their communities, highlighting the importance of preserving and promoting African cultural heritage. Chapter 20 emphasizes the right to peace, which is a fundamental value in many African societies that prioritize harmony and conflict resolution within communities. Chapter 21 outlines the right to self-determination, reflecting the historical struggles against colonialism and the desire for African nations to govern themselves according to their own values and traditions. Chapters 27, 28, and 29 further underscore the importance of collective rights, including the right to economic, social, and cultural development, which are central to the well-being of communities in African societies. Overall, the African Charter on Human and People's Rights incorporates values that are rooted in African civilization, promoting the idea of communal harmony, collective well-being, and the preservation of cultural heritage.