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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

Qwaqwa Campus opens: Prof. PA Mbati's speech
2005-01-22

Official welcome speech by Prof. PA Mbati for 2005 first year students held on Saturday 22nd January 2005. Program Director, The Chief Director Operations Rev. Kiepi Jaftha, Dean of Students Dr. Natie Luyt, Program Head of the Faculty of Humanities, Dr. Elias Malete, Program Head of Faculty of Natural and Agricultural Sciences, Prof. Riaan Luyt, Acting Program Head of the Faculty of Economics and Management Sciences Prof. Andries Venter, Deputy Director Student Affairs Mr. Teboho Manchu, Coordinator Finance: Mrs. Elizabeth Nchapi, Senior Librarian Mr. Stoffel Kok, Senior Magistrate Mr Saul Mohosho, SRC President Mr. Tello Motloung, members of staff, invited guests, parents, guardians, my dear students, ladies and gentlemen.

It is indeed my pleasure to welcome you to the official welcoming ceremony of the UFS-Qwaqwa Campus 2005 first year students. Our Rector and Vice Chancellor Professor Frederick has requested me to pass to you his warmest wishes and regards on this special occasion. I am confident that the orientation exercise in which you have participated has achieved the desired effect of introducing you to your new way of life here on campus, and that you are now sufficiently prepared to get on with the rigors of being a student at this University.

Following the restructuring of the higher education landscape, the Qwaqwa campus was incorporated into the University of the Free State with effect from January 1 2003 . As a consequence, Management was faced with a whole complex series of challenges including, primarily making the campus financially viable, but also ensuring that it remains relevant in it’s core business as a satellite campus of the University of the Free State in terms of its teaching, learning, research and community service responsibilities.

A whole series of strategic planning workshops were conducted last year with both internal and external stakeholders. Various important strategic objectives were flagged out, and the next level of consultation will take place soon. I know that there is a lot of eagerness, sometimes to the level of impatience to see this process completed as quickly as possible. But again on the other hand, due to the far reaching consequences of any hasty decisions, plus the need for a carefully planned process, we need to be a little more patient before the implementation of the strategic objectives is implemented. You will be kept informed as this important and critical aspect in the evolution of our campus takes place.

As a response to the need for a more effective governance model on the Qwaqwa campus, a review of the governance structure was completed towards the end of 2004 and will soon serve before the Executive of the Executive Management for approval.

Due to the importance that top management attaches to the development of an effective governance on the Qwaqwa campus, the process was facilitated by an internationally acclaimed consultant. Again the contents of the revised governance model will be made known to the campus and the broader community once it is approved.

I am glad to report that in recognition of the need to improve the infrastructure on campus to provide a conducive learning atmosphere to our students, a total of 8.2 million rands was made available towards the end of 2004 for recapitalization of specifically our student residences and lecture venues. The first phase of the residence renovation is completed and residences C, D and E have now been officially handed over to the University by the Contractor. Among the features of the renovated residences is that they will now computer rooms, kitchenettes for cooking, and a redesigned TV room. The rooms have even been fitted with heaters. Our challenge will now be to maintain our newly acquired facilities and to ensure that they do not again deteriorate to an un-acceptable level. The second phase of renovation will start soon.

As indicated in my address during the orientation week, our obligation to you as a campus is to offer you quality training to the best of our ability, and to disseminate this knowledge to you within a conducive atmosphere worthy of good learning. On the other hand, our students have to take advantage of this opportunity to acquire the necessary skills and training in the various academic programs that we offer on campus.

We have a very simple agenda on this campus – our vision is to continuously strive to build and develop the Qwaqwa campus of University of the Free State into a truly quality institution of higher learning in our country. To develop a tradition and culture in which we are proud of who we are, and constantly and tirelessly working towards excellence in our academic programs, and other non-academic but core and important aspects in your growth and development such as sport and community service. To nurture young conscientious citizens who are aware of their duties and responsibilities. Ultimately to produce hard working young people who fully exploit their potentials, and who will serve this country with diligence when unleashed into the real world in effectively managing their roles and responsibilities in society, whether in private or government civil service.

I would like to encourage that the various stake holders of this campus, the students, academic, administrative and support staff, and our broader community, to work together in harmony for the well being of our campus. For this campus to continue to be relevant in the environment that we find ourselves, there is a need for continuous engagement of its various stake holders, and genuinely listening to each other. We must continuously and regularly keep our feelers on alert in order that we can remain relevant.

I am particularly inviting our parents and guardians, the alumni of this campus, and leaders from our community to join hands with us in seeking solutions to the various challenges that we continue to face on campus. I am open for frank and honest discourse on the best way forward for our campus.

The University of the Free State is committed in making tertiary education accessible to as many students as possible. In this regard, students who do not have the required ‘M’ score to gain entry into main stream classes are given an opportunity to study in the highly successful ‘bridging program’ in which learners are integrated with main stream students but with fewer courses to tackle in order to ensure success. This is done on the premise that such students have the potential to pursue a degree course, and that therefore within a well structured program, they can make a success of their lives.

The University is conscious of the fact that in many instances several academically deserving students fail to be admitted into university due to financial reasons. For students who are academically deserving but who because of reasons of poverty cannot pay the requisite fees, the university is able to assist such students through the National Financial Aid Scheme – commonly known as NSFAS, and University Merit Awards. Other incentives such as Sports bursaries are also available.

Please remember that it is important to balance your life on campus and the phrase ‘a healthy mind in a healthy body’ aptly describes this statement. Ensure that you participate in sport and cultural activities of this campus so that you can develop and strengthen the various God-given talents that you have been blessed with.

A second major ingredient for your success on campus is discipline and respect for rules, policies and procedures that govern the University of the Free State , and respect for your fellow students. Good discipline is a major contributory factor to success in life, and more so in your formative academic life at University. This means for example that you must attend all your lectures, complete your assignments on-time and visit the library frequently. Please manage your time wisely and responsibly. Remember that as a university student, you are basically the master and architect of your own destiny.

Think very carefully when you are confronted with difficult situations, be they negative peer pressure, or temptations to indulge in intoxicating drugs, and make the right choice.

The University has well trained personnel including a social worker, a psychologist and counselor, and members of the student affairs division under the leadership of Mr. Teboho Manchu, Deputy Director Student Affairs, who are available to assist whenever you require their help.

Today is also a special day because we have officially inaugurated the SRC President and the rest of the SRC leadership. I am sure that you all join me in congratulating the SRC for being elected to their leadership roles for 2005. Mr. SRC president and your team, please remember that you now have a huge responsibility in carrying out the aspirations of the student body on campus. I want to wish you luck and success as you champion the rights of your constituents, which I believe and trust will be compatible with management’s expectations with regard to quality teaching and learning on campus. As you are aware, Management values the input that the student leadership makes in the operational management of the affairs of this campus, and we look forward to a cordial, non-confrontational working relationship with a view of rendering un-paralleled service on campus.

Mr. Program Director, allow me to wish everyone here a successful and prosperous year. May the good Lord give us the strength and courage to overcome any obstacle that may be placed in our way in the course of our work in 2005.

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