African Conception Of Human Rights

Seminar paper from the year 2019 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: A (8/10), University of Ghana, Legon (Department of Political Science), language: English, abstract: This essay's aim is to reconceptualize Human Rights from an African perspective. Many have argued that traditional African societies gave no room for the expression of individual rights. What rather existed was group rights - i.e. group rights competed with and suppressed individual entitlements in the traditional African settings. Arguably, it must be said that whiles modern conception of human rights is attributable to the modern western history, no culture can claim any historical glory. The idea of equal and inalienable human rights was missing not only in non-western traditions but also in western societies. For many Africanists, traditional mores gave better expression to human rights than the current neo-colonial states. The different worldview regarding cosmology, ontology and metaphysics, gave expression to their human rights conceptions. African societies are built on the principle of communitarianism manifest in the extended family systems. Thus, the stricter sense of individualism, which is at the core of modernism is inconceivable in Africa. Individual and group rights are entwined in a typical African setting. Collective rights, arguably, complement rather than compete with individual rights. The full enjoyment of individual rights is inseparably conditioned on the rights of the group to which one belongs. I delve into this debate to examine the nexus between communism and expression of human rights in Africa.

1 The dominant discourse

This powerful volume challenges the conventional view that the concept of human rights is peculiar to the West and, therefore, inherently alien to the non-Western traditions of third world countries. This book demonstrates that there is a contextual legitimacy for the concept of human rights. Virginia A. Leary and Jack Donnelly discuss the Western cultural origins of international human rights; David Little, Bassam Tibi, and Ann Elizabeth Mayer explore Christian and Islamic perspectives on human rights; Rhoda E. Howard, Claude E. Welch, Jr., and James C. N. Paul examine human rights in the context of the African nation-state; Kwasi Wiredu, James Silk, and Francis M. Deng offer African cultural perspectives; and Abdullahi Ahmed An-Na'im and Richard D. Schwartz discuss prospects for a cross-cultural approach to human rights.

An interpretative history of human rights in Africa, exploring indigenous rights traditions, anti-slavery, anti-colonialism, post-colonial violations and pro-democracy movements.

Contributors join together in this tenth ACLARS volume to propose a framing of human rights in terms of African conceptions of human dignity. Following on the signing of the Punta del Este and Botswana Declarations of Human Dignity for Everyone Everywhere in 2018 and 2023, contributors discuss human dignity as an African and indigenous concept grounded in relationship, community, and an overarching ethic of Ubuntu. Chapters further explore human dignity’s many meanings and relation to other rights in the African context, as well as human dignity’s connection to basic human needs, state obligations, religion and theology, gender and age, and the environment.

This book critically examines the civil, political, socioeconomic, and group rights protected under the African Charter and its Protocol on women’s rights. It then examines the institutional protection of these rights through the African Commission and African Court. The book builds on the concept of regionalism within Africa and the recent drive for finding “African solutions to African problems” by tracing the development of human rights within Africa and assessing the effectiveness of Africa’s core regional human rights institutions. In turn, it critically analyses the obstacles to the full implementation of human rights in Africa such as the lack of political will, jurisdictional issues, lack of resources and funding, poverty, illiteracy, corruption, and customary practices that violate human rights. In closing, the book discusses possible solutions to these problems.

Justice and Human Rights in the African Imagination is an interdisciplinary reading of justice in literary texts and memoirs, films, and social anthropological texts in postcolonial Africa. Inspired by Nelson Mandela and South Africa’s robust achievements in human rights, this book argues that the notion of restorative justice is integral to the proper functioning of participatory democracy and belongs to the moral architecture of any decent society. Focusing on the efforts by African writers, scholars, artists, and activists to build flourishing communities, the author discusses various quests for justice such as environmental justice, social justice, intimate justice, and restorative justice. It discusses in particular ecological violence, human rights abuses such as witchcraft accusations, the plight of people affected by disability, homophobia, misogyny, and sex trafficking, and forgiveness. This book will be of interest to scholars of African literature and films, literature and human rights, and literature and the environment.