AFRICAN CONCEPT OF HUMAN RIGHTS

Introduction

The African concept of Human Rights is distinct from the perception of human rights predominantly formed by Western liberal thought and accepted internationally. The African concept of Human Rights is formed by its rich traditional tapestry, historical experiences and post colonial aspirations while focusing on collective rights, duties, and interdependence of communities. On the other hand, the Western concept of Human Rights focuses on individual freedom and liberal rights. This article will employ Nigeria as a case study to discuss the African traditional concept of Human Rights, its philosophical foundation and the legal and institutional framework that differs the African concept of Human Rights from its Western counterparts.

The African traditional society and Human Rights.

The term ‘African traditional society’ refers to the African society which existed before the advent of colonial masters into the continent. It could also refer to the ‘modern’ African societies that exist today. This is because the term ‘African tradition’ refers to the manner African societies conduct and manage their affairs. The African traditional society experienced several waves of Human Rights eras. These eras were greatly influenced by the modes of production prevalent at every pre-colonial era. These modes include;

1. Communal mode:

All human societies,  especially those in Africa have employed the communal mode of production. The rules of conduct during this era could be described as non-legal. The existence of Human Rights was neither profound nor protected by customary law.

2. Slave trade mode:

The emergence of slave trading societies brought about private property and social inequality. The existence of Human Rights were very limited and were open to only free men.

3. Colonial mode:

The colonisation of various African states emphasized the importance of private property (capitalism) over the communal mode existent in the pre colonial era. The advent of colonial masters in the African country, Nigeria abolished some traditional practices like the Osu castle system, killing of twins, human sacrifice which were repugnant to the rights to freedom from discrimination and life respectively. During the colonial era, there was an introduction of fundamental human rights which were embedded in the colonial constitutions of various African States.

The Philosophical foundation of African Human Rights.

The philosophical foundation of African human rights is deeply rooted in the principle of Ubuntu which means “ I am because we are”. This philosophy prioritizes communal harmony and social responsibility over individual liberalism.

Makau Mutua argues, the African conception of rights is “communitarian, not individualistic,” and reflects a moral order that values solidarity, reciprocity, and the common good.¹ This perspective is evident in the African Charter on Human and Peoples’ Rights, which uniquely incorporates both individual and collective rights, as well as duties owed by individuals to their communities.² This philosophy underpins the African understanding of rights and duties, where individual rights are balanced with communal obligation.

The Legal and Institutional Framework of the African Concept of Human Rights.

Legal Frameworks.

1. The African Charter on Human and Peoples’ Rights:

The charter was adopted in 1981 and entering into force in 1986, the African Charter on Human and Peoples’ Rights is the cornerstone of Africa’s regional human rights system.³ It was drafted in response to the need for a rights framework that reflects African values and realities, including the legacy of colonialism, the struggle for liberation, and the importance of development. The African Charter on Human and Peoples’ Rights uniquely acknowledges “peoples’ rights,” including the right to self-determination (Article 20), the right to freely dispose of wealth and natural resources (Article 21), and the right to development (Article 22). These provisions underscore the importance of collective rights in the African context. The African Charter on Human and Peoples’ Rights incorporates a section on individual duties (Articles 27–29), emphasizing responsibilities towards family, society, and the state. This reflects the African philosophical stance that rights and duties are interdependent, and that the exercise of rights must consider the welfare of the community. These rights and duties reflect Africa’s historical struggles against colonialism, apartheid, and neo-imperialism. They also affirm the importance of sovereignty, cultural identity, and sustainable development.

2. Constitutional and legislative provisions of various African States:

In contemporary, post colonial Africa many states have provided for the protection of the fundamental human rights of their citizens. Most human rights provisions draw from the Universal Declaration of Human Rights and the African Charter. In Nigeria, Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended)⁴ provides for the fundamental human rights which are Justiciable and Chapter II of the 1999 Constitution of the Federal Republic of Nigeria (as amended) provides for the Fundamental Objectives and Directive Principles of State Policy which is non justiciable by virtue of Section 6(c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).⁵ Nigeria has also promulgated various legislations in order to ensure the protection of human rights. These legislations are usually focused on specific human rights provisions. These legislations include; Child Rights Act (2003) – Domesticated the UN Convention on the Rights of the Child (not yet adopted by all states), Anti-Torture Act (2017) – Criminalises torture by state actors,  Violence Against Persons (Prohibition) Act (2015) – Addresses domestic violence and harmful practices.

3. African Commission on Human and Peoples’ Rights:

The African Commission on Human and Peoples’ Rights was established in 1987, the African Commission on Human and Peoples’ Rights is tasked with promoting and protecting human rights across the continent. The Commission interprets the African Charter on Human and Peoples’ Right, investigates violations, and makes recommendations to member states. While its decisions are not legally binding, they carry significant moral and political weight and are advisory. In the Constitutional Rights Project v. Nigeria (1998) case (Communication 102/93) ,the Commission found Nigeria violated Articles 9 (freedom of expression), 13 (right to participate in politics), and 6 (right to liberty and security of person), citing the detention of activists, the banning of publications, and the seizure of thousands of magazines and newspapers. The government’s actions, including the annulment of the election results and the subsequent repression, were deemed a breach of both constitutional and international human rights.⁶ The Ogoni case, brought before the African Commission on Human and Peoples’ Rights, illustrates the application of peoples’ rights.⁷ In this case, the Commission held that Nigeria had violated the rights of the Ogoni people by failing to protect their environment and economic livelihood from oil exploitation.⁸ This landmark decision affirmed the enforceability of collective rights and set a precedent for environmental justice in Africa.

4. African Court on Human and Peoples’ Rights:

African Court on Human and Peoples’ Rights has been operational since 2006, the African Court on Human and Peoples’ Rights complements the Commission’s mandate by issuing binding judgments on human rights violations. The Court enhances the enforcement of human rights standards and provides a judicial avenue for redress. Nigeria is frequently involved in cases before human rights bodies, though most cases concerning Nigeria are handled by the African Commission on Human and Peoples’ Rights (ACHPR) or the ECOWAS Court of Justice (ECOWAS Court) due to the African Court’s limited jurisdiction and Nigeria’s failure to ratify the declaration allowing individual access, a notable exception being Femi Falana v. The African Union,⁹where the African Court dealt with the consequences of Nigeria’s non-compliance with its obligations under the African Charter. The Court has played a growing role in advancing human rights jurisprudence in Africa, including rulings on electoral rights, freedom of expression, and due process. However, its effectiveness is limited by the reluctance of some states to comply with its judgments or accept its jurisdiction.¹⁰

5. The Maputo Protocol:

Recognizing the need to address gender-specific issues, the African Union adopted the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol) in 2003. The Protocol guarantees comprehensive rights to women, including the right to dignity, equality, and freedom from harmful practices. It represents a significant advancement in the protection of women’s rights within the African human rights framework. The Protocol guarantees comprehensive rights to women including the right to take part in the political process, to social and political equality with men, improved autonomy in their reproductive health decisions, and an end to female genital mutilation.

Conclusion

The African concept of human rights is a dynamic and evolving framework that reflects the continent’s rich philosophical traditions and historical experiences. Grounded in communal values and the principle of Ubuntu, it offers a distinctive vision of human dignity that integrates individual rights, collective entitlements, and social responsibilities. While challenges remain, the African Charter and its institutions provide a foundation for advancing human rights in Africa. By embracing both universal norms and local realities, the African human rights system contributes to a more inclusive and pluralistic global discourse on human rights.

REFERENCE(S):

1. Makau Mutua, ‘The Banjul Charter and the African Cultural Fingerprint: An Evaluation of the Language of Duties’ (1995) 35 Virginia Journal of International Law 339.
2. African Charter on Human and Peoples’ Rights (adopted 27 June 1981, entered into force 21 October 1986) OAU Doc CAB/LEG/67/3 rev 5.
3. Rachel Murray, _The African Charter on Human and Peoples’ Rights: A Commentary_ (Oxford University Press 2019).
4. 1999 Constitution of the Federal Republic of Nigeria (as amended)
5. Global Freedom of Expression<https://globalfreedomofexpression.columbia.edu/cases/constitutional-rights-project-and-civil-liberties-organisation-v-nigeria/> accessed 23 August 2025.
6. Social and Economic Rights Action Center (SERAC) and Another v Nigeria (2001) AHRLR 60 (ACHPR 2001).
7. 001/2011 Femi Falana v. African Court.
8. Rachel Murray, _The African Charter on Human and Peoples’ Rights: A Commentary_ (Oxford University Press 2019).