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25 May 2020 | Story Prof Danie Brand | Photo iStock

What can we say about human rights in the context of celebrations on the idea(l) of African unity?

Some of the stock-in-trade questions that arise are, to me, not interesting. So, for example, to ask whether human rights are indigenous to Africa – in the sense that they come from here (whether they are African) – is senseless. If human rights are indeed rights inherent to every human being – of course they are and of course they do – just as they are indigenous to and come from everywhere where human beings live their lives together.

To ask instead what human rights bring to, can do, or mean for Africa, borders on the insulting. This question suggests that human rights are somehow extraneous to Africa, to be brought as a gift from elsewhere. It suggests, therefore, thinly veiled neo-imperialism.

Far more interesting is to ask what Africa brings to human rights – what human rights are in Africa. To this question there are several well-trodden, but still important answers.

First, as appears clearly from the title of Africa’s central human-rights document, the African Charter on Human and Peoples’ Rights, Africa brings to human rights the idea of collective, or peoples’ rights. Human rights in Africa are embedded in the fights of various African nations and the continent itself against – as Kwame Nkrumah called it – ‘imperialism and its handmaidens, colonialism and neo-colonialism’, fights of peoples for self-determination against external domination. From this arose recognition for the rights of peoples, such as the right to exist; the right to development; the right to self-determination; and the right to freedom from foreign economic domination and exploitation. This is significant, because it is frank about the political nature of rights and the importance of rights for political struggle against continuing oppression and exploitation. 

Second, as also appears from the ACHPR, Africa has brought to human rights the idea that rights have duties as their corollary. This is the idea that rights are not individual, but nested in relationships; that we each have our rights because we live together with others and as members of a broader collective, and so, we have duties towards those others and towards the broader collective. These are duties to regard others, but also to regard the collective, partly again, in its struggle for self-determination and in a sense, recognition. To take account of others, for example, individuals under African human rights law have the duty to exercise their rights “with due regard to the rights of others” and the duty “to respect and consider … fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding, and reinforcing mutual respect and tolerance”. To regard the collective, individuals have, among others, the duty “(t)o serve (the) national community by placing (all) physical and intellectual abilities at its service”; “to preserve and strengthen the national independence and the territorial integrity of (their) country and to contribute to its defense in accordance with the law”; and, not surprisingly, the duty “(t)o contribute to the best of (their) abilities, at all times and at all levels, to the promotion and achievement of African unity”. Perhaps more controversially, individuals also have a duty to exercise their rights with due regard to “collective security, morality and common interest” and the duty “(t)o preserve and strengthen social and national solidarity”. This, in turn, is significant, because it suggests a break with, or at least a departure from traditional liberal notions of rights, based on an atomistic vision of the individual and intended for the protection only of individual rights against others.

A third notion brought to human rights by Africa, is perhaps a little less known. In a manifesto adopted at the 1945 Pan-Africanist Congress in Manchester, we find the following arresting phrase as an expression of the Pan-Africanist ideal: “We want the right … to express our thoughts and emotions; to adopt and create forms of beauty.”

Here, I read a right that I have not yet come across elsewhere. This is certainly not only the already deeply entrenched right to freedom of expression and artistic or academic freedom that we are used to in Western notions of rights. Instead, this phrase suggests to me a right to both an epistemology and an ontology – to both understand the world and live in the world as we (choose to) do. How is this different from the notions of peoples’ rights to self-determination and people’s duty to assist in the quest for that self-determination referred to above? There seems to be an element of self-determination at play also in this right to understand and live in the world as we do – it is also the right of peoples to understand and to live as they choose.

What attracts me to this right, apart from the beauty of its formulation, is its self-confidence – the way in which it is asserted without reference to, not relative to, anyone or anything else. A common theme in both the notion of peoples’ rights and of duties correlative to rights in African human rights law, is the importance attached to achievement of self-determination, in a sense of recognition for Africa, its peoples, and the individuals who make up those peoples – that is, self-determination and recognition as against imperialism, colonialism, and neo-colonialism. Although current conditions of neo-colonialism and the continuance of colonialism in most ways clearly require this oppositional stance and formulation, it does present a problem. It opens both these notions to the charge that they perpetually “reduce (us) to the status of complainants” (Ndebele 2000); that in their oppositional formulation, “the confronted other (imperialism, colonialism, neo-colonialism) is still recognised as the source of power, even at a time when political power has already been wrestled away from the other” (Van der Walt 2001).

A right to express ideas and emotions and adopt and create forms of beauty – to an epistemology and ontology – is instead asserted on its own terms. It seems a right to understand and live in the world as we (choose to) do, not against, but alongside others. As such, it offers a glimpse of “dispensations of true African cultural recovery and re-orientation” (Falola 2018).

This article was written by Prof Danie Brand - Director: Free State Centre for Human Rights

News Archive

SRC Inauguration speech: 22 January 2005
2005-01-22

Campus Head (Prof Peter Mbati). Dean of Students (Dr Natie Luyt). Deputy Director: Student Affairs and my boss (Mr. Teboho Manchu), Members of the University executive and Academic staff members, SRC members, Leaders of trade Unions and Student organizations, Distinguished guests, Ladies and gentlemen, most importantly first entering students and Parents receive my heartfelt revolutionary greetings.

Let me extend my word of appreciation to our distinguished guests for adding value and dignity to this event. Your presence here means a lot to us. Program Director what I bring here with me, assisted by facts, and is therefore just the work of my imagination. Like a love letter addressed to a sweetheart miles away, even though you do not know how she feels, what she wants to hear, and do not even know how her face looks like.

To me a speech is just an honest and intimate conversation. That is why I got into the habit of establishing a dialogue, or a debate, with my acquaintances looking at their faces and trying to persuade them of what I am telling them.

Mr. Speaker and Madam Deputy Speaker of the Student Parliament we are gathering at this ceremony, significantly few weeks after the release of grade 12 results, with the exception of those from Mpumalanga because of fraud. The Grade 12 results also show that only 18% of Black learners matriculated with exemptions, as compared to 53, 6% of white learners. This is an indication that our education system needs an overhaul.

We are also gathered here significantly a day after the management retreat held in Bloemfontein, Masselspoort. The retreat discussed, among other things, the transformation agenda, and some possible solutions to challenges we are facing now.

Most regrettably, we are gathered here when the whole world morns the victims of Tsunami tragedy. Let me therefore tore the line and convey our deepest condolences, from the last robot of my heart, to the affected families. Our hearts and thoughts will always be occupied by this horrified tragedy.

Creating a new Institution

I would submit, for purposes of debate and discussions that this Institution should strive to specialize and excel in regional rural development studies. Since our higher education, institutions in South Africa are generally weak in rural development studies. Instead, most of them tend to have an urban orientation to their programmes. Training everybody for the cities, big business and the private sector. This is a big weakness in a country with such large rural areas and population trapped in poverty, disease and ignorance.

Women’s studies

Program Director, it is only a moron who can argue against the fact that for us to reposition the institution around the regional development challenge, we need to start first with women empowerment. It is a fact that in most of our poor communities and families, it is women who withstand the worst of poverty. They are the ones who daily have to wipe tears from children who are hungry. It is women who look after the sick, the elderly, those dying from AIDS and the jobless. They are the one who have to fetch water, make fire and cook. There can therefore be no rural development studies without women studies, in particular on how to empower them and assist in the provision of basic services, so that they are relieved from some of the burdensome task of the society.

Registration Process

Mr. Speaker and Madam Deputy Speaker of the Student Parliament let me indicate that the registration is a process and not an event, so it cannot be concluded overnight. This huge process demands for people to stay calm, as there is no crisis. People should stop being excited. At the same time, no organization should use its cheap popularity and unilaterally disrupt the continuous and smooth running of the registration process at hand.

Let me strongly indicate, madam deputy speaker, that I am on record for stating that I have forgiven all those who have wronged us. I harbour no bitterness towards the protagonists of our painful and unfortunate events of the past week. And we will overcome this process not by our own devices but by the help of Almighty God and the grace of our Lord Jesus Christ.

Concerning registration of first years, we have programs, concerning that of senior students, we have programs, regarding graduations we have programs, and concerning HIV\AIDS we have programs. So, there is no need for people to press panicking buttons.

Mr. Speaker and Madam Deputy Speaker of the Student Parliament let me be opportunistic and welcome the entire student body on Campus for the academic year 2005. May our lovely first entering students have a happy and momentous year as part of Qwaqwa Campus of University of the Free State. May your studies be fruitful and enjoyable.

Student years are generally the happiest years of your life, so please make the most of them. While you are doing, all your preparations bear in mind that University is not an opportunity, it is just creating opportunities for a person.

On behalf of SRC members, our people, our students and management members I would like to welcome you all. Even though your parents are far away, here at Uniqwa you have more brothers, more sisters and more parents. Since we will love you with the same love as if we are from one family, and I have no doubts that management members will love and care for you as if you are their own children. Should you encounter any problem while studying at the Qwaqwa Campus of University of the Free State do not hesitate to contact us at the SRC offices because we need to ameliorate any factor influencing you negatively while on campus. I wish you well in the attainment of your academic pursuit.

Senior Students: We are not faced with just a new year but another academic year where we all have to work together to achieve our common goal of building our Institution through the development of human power. I urge you to invest your whole selves in this SRC.

For quite some time now, a debate has been ranging as to, whether has there been any progress in this incorporation process, or we are just moving with no direction. This debate is important, but I hasten to add not essential. The SRC is also involved in this debate, but with definite shift in emphasis. For us it is not important to participate in the debate than it is in finding solutions for the challenges of this new chapter in the history of humankind.

To my colleagues: Comrades, we are leading this Institution with a sense of pride and duty, and I know very well that we lead men and women, students who are determined to ensure that we all reach our destination safely and on time.

I said in one of our meetings that there are more enemies on our way, more than we can imagine. I think you witnessed that during the course of this week. The excitement and unnecessary confusions caused by some confused and loosed charlatans bear testimony to my statements. We should not reveal our game plans unless we are ready to slam.

Let me also borrow from the words of the late Albert Lethuli when he said and I quote: “There remains before us the building of the new land, from the ruins of the old narrow groups, a synthesis of the rich cultural strains which we have inherited. The task is immense”. Lastly, a navy divided within its ranks will be vanquished and destroyed by the enemy, but a navy united in purpose and action, loyalty and commitment will not drawn but sail on to victory.

In conclusion, let me call upon all political structures, church denominations, developmental structures, clubs, societies and forums to put aside all their differences, ideological insinuations and forge unity towards transforming Qwaqwa Campus of University of the Free State into an institution that is seen playing vigilant role in developing students academically, politically, socially, spiritually, religiously, culturally and otherwise.

Program Director, let me end my speech by indicating that every drop of my blood is telling me that Uniqwa is my home. I firstly became a student here, I became an activist here, I became a leader here, I became a president here, I will become a graduant here and hopefully I will become an employee here. So never, doubt my commitment towards the community of this campus.

Please be informed, in a central University of Technology’s way, that if there is no UNIQWA in HEAVEN, then I am not GOING.

Let us broaden the social base.

Tello Titus Wa-Motloung President General

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