An evaluation of the nexus between Ubuntu and the African Charter on Human and Peoples' rights

Abstract

This study is based on the moral philosophy and theory of African humanness termed ubuntu. A qualitative methodology has been adopted to interpret ubuntu in the light of, and in contrast to the Eurocentrisim of human rights law, particularly as contained in the African Charter on Human and Peoples Rights. The study identifies the inconsistencies in the African Charter and the weaknesses in the jurisprudence of the African Commission on Human and Peoples Rights. The researcher argues that inconsistencies and weaknesses arise due to the absence of an interpretive framework in the African Charter. Ubuntu is proposed as an interpretive framework at the hand of which the provisions of the Charter can be read and interpreted. Research shows that ubuntu aligns itself with the historical experiences and human rights values of the African continent. It is in line with the aspirations and intents of the drafters of the African Charter and more importantly, ubuntu has proved to be capable of promoting and protecting the rights and interests of a society without jeopardizing the rights and interests of the individual. It also has the potential of an harmonious balance between an individual s duties and his rights or needs. In conclusion, the researcher contends that with the adoption of ubuntu as an interpretive framework of the African Charter, those humanist aspirations of the African Charter which have so far been igored, can be achieved.