This journal entry is based on Unit 4 and the readings listed therein. You might have to do further research in order to answer the question.

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

Answer 1

The African Charter on Human and People's Rights, adopted in 1981, is a landmark legal document that aims to promote and protect human rights and fundamental freedoms in Africa. The preamble of the Charter explicitly references 'values of African civilization' as a basis for the promotion and protection of these rights. It emphasizes the importance of traditional African values, customs, and cultures in shaping the understanding of human rights in Africa. However, it is important to critically evaluate whether the Charter is truly permeated by these values.

One of the key provisions of the Charter that reflects 'values of African civilization' is Article 19, which recognizes the right of all peoples to self-determination. This principle is deeply rooted in African history and the struggle for liberation from colonialism and imperialism. It reflects the African belief in the importance of sovereignty and self-governance. Additionally, Article 2 of the Charter guarantees equality and non-discrimination, which are also core values in many African cultures that emphasize community and inclusivity.

However, there are also aspects of the Charter that may not fully align with traditional African values. For example, the Charter recognizes the right to freedom of thought, conscience, and religion in Article 8, which may conflict with some African societies that prioritize communal beliefs and practices over individual rights. Additionally, the Charter guarantees the right to property in Article 14, which may not always be consistent with certain African traditions that prioritize collective ownership and sharing of resources.

In conclusion, while the African Charter on Human and People's Rights does encompass some 'values of African civilization', it is not without its limitations. The Charter reflects a balance between universal human rights standards and the unique cultural context of Africa. It is important for African states and institutions to continue interpreting and implementing the Charter in a way that respects and promotes traditional African values while also upholding the fundamental principles of human rights. Ultimately, the African Charter on Human and People's Rights serves as a critical tool for advancing human rights in Africa while recognizing and respecting the diverse cultural heritage of the continent.