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. (10)

Answer 1

The African Charter on Human and People's Rights (ACHPR) does indeed reflect the values of African civilization in various provisions. The Preamble of the Charter explicitly recognizes the historical and cultural traditions of African peoples and affirms their commitment to promoting and protecting human rights in line with these traditions. Articles 19, 20, and 21 of the Charter specifically address the rights of individuals within African communities to participate in the political, social, and economic life of their countries, emphasizing the importance of community and collective welfare in African societies. Additionally, Article 22 of the Charter guarantees the rights of individuals to economic, social, and cultural development, recognizing the holistic approach to human rights inherent in African civilization. Furthermore, the Charter's emphasis on the interconnectedness of rights and responsibilities, as well as the recognition of the importance of solidarity and cooperation among African states, reflects the communitarian values that are central to African societies. Overall, the ACHPR can be seen as permeated by 'values of African civilization' in its recognition of the importance of community, collective welfare, and holistic development in promoting and protecting human rights on the continent.