Human Rights in Africa – JSS3 Social & Citizenship Studies Lesson Note (Third Term)

The African Charter on Human and Peoples’ Rights (the Banjul Charter) is the agreement that sets out the rights and duties of people and peoples in Africa.

Behavioural objectives

By the end of the lesson, students should be able to:

1. State what the African Charter on Human and Peoples’ Rights is and when it was adopted.
2. Name the two bodies that make sure African governments obey the Charter.
3. Describe the three groups of rights in the Charter, with examples.
4. List the duties of an African citizen under the Charter.
5. State two successes and two challenges of human rights in Africa.

Why does Africa have its own human rights charter?

Africa has its own charter because African history and values need to be reflected in a document that still protects every person’s dignity.

• Name: African Charter on Human and Peoples’ Rights, also called the Banjul Charter.
• Adopted: 1981, by African leaders of the Organisation of African Unity (OAU).
• Entered into force: 1986.
• History: Africa went through colonialism, so freedom and equality matter greatly.
• Family: African societies value family and community very highly.
• Community idea: “I am because we are” means a person’s life is linked to others.
• Nigeria: the National Assembly made the Charter part of Nigerian law through an Act.

How is the African Charter different from the Universal Declaration of Human Rights?

The Universal Declaration of Human Rights (UDHR) is the list of basic rights adopted by the United Nations in 1948.

The African Charter is a treaty that protects the rights of individuals and of whole peoples in Africa, and it also lists duties.

Who makes sure African governments obey the Charter?

Two bodies act like referees: the African Commission and the African Court.

• African Commission on Human and Peoples’ Rights: receives complaints and checks that states follow the Charter. It is based in Banjul, Gambia.
• African Court on Human and Peoples’ Rights: hears cases and gives judgments. It is based in Arusha, Tanzania.

What are the three types of rights in the Charter?

There are three types of rights in the Charter: individual rights, social and economic rights, and peoples’ (collective) rights.

1. Individual rights (civil and political)

Individual rights are the personal freedoms every person has.

• Right to equality: no one is better than you because of tribe, race or colour.
• Right to life: your life is sacred and must be protected.
• Freedom of expression and religion: you may share your opinion and practise your religion.

2. Social and economic rights

Social and economic rights are the things a person needs to live a good life.

• Right to work: every person should have the chance to earn a living.
• Right to health: governments should work to provide health care and a clean environment.
• Right to education: every child deserves to go to school.

3. Peoples’ rights (collective rights)

Peoples’ rights are rights that belong to whole groups of people, not only to individuals. This makes the Charter special.

• Right to development: all peoples have the right to economic, social and cultural growth.
• Right to peace: people have the right to live in an environment free from war.
• Right to a clean environment: land, air and water should be protected from pollution.

What are the duties of an African citizen?

A duty is something a citizen must do for others and for society, and the Charter says rights come with duties.

• Duty to the family: respect your parents and care for them when they are old.
• Duty to the community: use your talents to help your neighbourhood and country.
• Duty to the state: do not put your country’s security at risk, pay your taxes and help defend your nation.
• Duty to African unity: work to keep Africa united and preserve positive African values.

Think about it: if everyone demanded rights but nobody did their duties, such as cleaning the street or respecting elders, would our country be a good place to live?

What are the successes and challenges of human rights in Africa?

Human rights in Africa have improved in some ways, but many problems remain.

Successes

• Fight against apartheid and colonialism: the Charter’s opening statement commits African states to end them.
• More freedom: more African countries now hold elections and allow people to speak openly.
• African Court: a person whose country’s courts fail to help may, in some cases, take the case to the African Court.

Challenges

• Ignorance: many Africans do not know the Charter exists.
• Poverty: it is hard to enjoy the right to health when there is no money for medicine.
• Disobedience: some governments ignore the Charter or the decisions of the Commission and the Court.

Evaluation

1. What is the African Charter on Human and Peoples’ Rights, and in which year was it adopted?
2. Name the two bodies that make sure African governments follow the Charter, and say where each is based.
3. List the three types of rights in the Charter and give one example of each.
4. State three duties of an African citizen under the Charter.
5. Give two challenges to human rights in Africa.

Assignment

Write a short list of four rights you enjoy in your school or community, and for each right, write one duty you must perform in return.