The Charter and the African Union

The college of law professionals (organisation bringing together lawyers from Togo and Burkina Faso committed to conflict management in the Sahara) demonstrated during a regional meeting in Lomé that the values upheld by the principles of the Charter of Human Responsibilities are in accordance with the constitutional framework of the Charter of African Unity and the African Charter on Human and Peoples’ Rights.

This meeting brought together 20 people from 4 different countries (Burkina Faso, Mali, Niger, Togo).
The Charter of African Unity and some additional texts such as the African Charter on Human and Peoples’ Rights are inspired by international instruments such as the Universal Declaration of Human Rights, which is specifically referred to in the foreword of the Charter of Human Responsibilities.
Most of the principles of the Charter of Human Responsibilities have an equivalent in the African Unity’s texts, for example:

1. Determination to promote unity and the assertion of a common identity is highlighted in the foreword.

2. Reference to the development of cultural diversity can be found in the following sections:

• Article 22 of the African Charter on Human and Peoples’ rights: All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind.
• Article 29.7 of the African Charter on Human and Peoples’ rights: The individual shall also have the duty to preserve and strengthen positive African cultural values in his relations with other members of the society, in the spirit of tolerance, dialogue and consultation and, in general, to contribute to the promotion of the moral well being of society.

3. Several clauses in the African Unity’s texts emphasise the importance of freedom and dignity.

• Articles 5 and 19 of the Charter on Human and People’s Rights state that “Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status.”
• The Preamble to the Protocol of the African Charter on Human and People’s Rights on the Establishment of an African Court on Human and People’s Rights reemphasises that “freedom, equality, justice, peace and dignity are essential objectives for the achievement of the legitimate aspirations of the African Peoples.”

In addition, several other examples illustrate that the principles and objectives of the Charter of Human Responsibilities synchronise perfectly with the constitutive Charter of the African Union and its complementary texts.

There are two principles that are not specifically developed in the texts, which raise the question of the relation between material needs and immaterial aspirations as well as of the relation between current and future generations.
Lastly, the question of minority rights was raised in response to the increasing number of identity claims in an African continent that is progressively opting for a majority-rule democracy as the key aspect of governance in Africa.

This meeting of legal advisors demonstrated that the principles of the Charter of Human Responsibilities are in complete harmony with the constitutive texts of the African Union and its complementary texts. As all these documents have been approved by the African states, the Charter promotion activities in Africa are legal.
This meeting played a part in reassuring all partners in Africa concerned about the sensitivity of African powers.