Human Rights in Africa
Bonny Ibhawoh's (2018) "Human Rights in Africa" is a long overdue contribution to the human rights discourse. This is not only a critical assessment of the dominant narrative about the origins of human rights as known today, but also a call for revival of knowing histories that are not well known, prioritized or taught. The book outlines the "complicated story of progression and regression, inclusion and exclusion" (p. 119) of human rights across the continent and over time. The book is accessible, which makes it recommended reading across audiences.
Relative or universal rights? "The case for an African concept of human rights is essentially an argument for cultural relativism as a counter to the universalist claims of the modern human rights movement. The premise of this position is that culture shapes the articulation and fulfilment of human rights because of its formative influence on human thought and behavior. Human rights principles are therefore culturally relative to different contexts, and culture informs unique conceptions of human rights when grounded in African moral principles and cultural experiences… On the other hand, some proponents of African values in human rights interpretation premise their claim on an affirmation rather than a repudiation of the universalism of human rights. They contend that the core principles that underpin modern human rights are neither exclusive to Western liberal traditions nor alien to African cultural traditions. These are eternal and universal norms. There is nothing essentially Western or bourgeois about the fundamental rights to life, the right to personal and collective dignity or the right to a fair trial. These human rights principles have normative parallels in indigenous African moral principles and political and social practices." (p. 37-38)
On vernacularization: "the African values argument and the cultural legitimacy argument converge in what may be expressed as the vernacularization of universal human rights. The notion of vernacularizing human rights describes the process by which universal human rights norms are grounded in local communities. It requires seeing human rights in specific situation rather than as the application of abstract principles. Vernacularizing human rights is therefore a constructive process that grounds and expands the scope of human rights in different cultural contexts. It is a process whereby global impulses intersect with indigenous ideas to produce new human rights norms and practices that are relevant to local situations. The process of vernacularization connotes critical local engagement with international human rights norms with the goal of investing them with local meaning that can potentially strengthen recognition and enforcement." (p. 52)
Vernacularization (cont.): "The notion of vernacularizing human rights has been used to describe the process by which universal human rights norms become grounded in local communities. It is a constructive process that affirms and delineates the scope of human rights in different cultural contexts. Vernacularizing human rights requires seeing human rights in specific situations rather than as the application of abstract principles. In this sense, vernacularization refers to the interaction between established international human rights principles and local norms to produce hybridized legal and normative frameworks for human rights protection. This should not be confused with the cultural relativist repudiation of universal human rights, which I discuss in the introductory chapter of this book. Rather, vernacularization is a deliberate process of investing universal human rights with local meanings that can potentially strengthen human rights protection and contribute to the normative application of global human rights." (p. 225-226)
Criticism all around: "The same [criticisms of Enlightenment liberalism] can be said of indigenous African notions of human rights. The scope of individual and collective rights was often limited to community members and restricted by ethnicity, caste, gender, power and status. Prioritizing communal solidarity over individual liberties often implied the exclusion of those considered outsiders, minorities and non-conforming members of the community. The emphasis on communal well-being and the contingent relationship between individual rights and duties also meant that rights were ultimately not conferred based on the intrinsic value of each human being but, rather, based on community membership, and social status and obligations." (p. 47)
Questioning rationales: "Antislavery provided an important legitimizing rationale for colonialism and become part of the "inter-imperial repertoire of idiom and imaginaries of colonial rule." Eradicating the slave trade and granting freedom to those enslaved was a declared mission of many early European adventurers, missionaries and colonialists. Atlantic slavery and the movement to abolish it marked the beginning of Europe's conquest and colonization of Africa, provoking what became known as the scramble for Africa and one of the most pernicious land grabs in human history. Here we confront another paradox of rights discourse within antislavery. Nineteenth-century missionary and humanitarian activism that rallied public support against slavery also provided moral justification for colonization, which ultimately denied millions of Africans their right to self-determination." (p. 83-84)
