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1 The dominant discourse
Seminar paper from the year 2019 in the subject 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.
" 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. "
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.
The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.
2007 CHOICE Outstanding Academic Title In this seminal study, Bonny Ibhawoh investigates the links between European imperialism and human rights discourses in African history. Using British-colonized Nigeria as a case study, he examines how diverse interest groups within colonial society deployed the language of rights and liberties to serve varied socioeconomic and political ends. Ibhawoh challenges the linear progressivism that dominates human rights scholarship by arguing that, in the colonial African context, rights discourses were not simple monolithic or progressive narratives. They served both to insulate and legitimize power just as much as they facilitated transformative processes. Drawing extensively on archival material, this book shows how the language of rights, like that of "civilization" and "modernity," became an important part of the discourses deployed to rationalize and legitimize empire.
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.
This publication defines the nature and characteristics of traditional justice systems, including issues related to jurisdiction, community involvement, composition, and a primary focus on restorative justice.
An interpretative history of human rights in Africa, exploring indigenous rights traditions, anti-slavery, anti-colonialism, post-colonial violations and pro-democracy movements.
Human rights have become one of the most important moral concepts in global political life over the last 60 years. Charles Beitz, one of the world's leading philosophers, offers a compelling new examination of the idea of a human right.