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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

State of our campuses: UFS closes campuses until Friday 28 October 2016 to readjust academic programme
2016-10-15

UFS announces strategy for completion of the 2016 academic year

Agreement between UFS management and student leadership in relation to residences

After almost four weeks of student protests about fees at the University of the Free State (UFS) and the subsequent suspension of the academic programme and closing of campuses, the senior leadership announced on 14 October 2016 a strategy to ensure that students will be able to complete the 2016 academic year.

The university on 13 October 2016 announced that it will shut down its Bloemfontein and South Campuses until 28 October 2016 for crucial and complex arrangements to be put in place to readjust the academic calendar and ensure that all students can complete their studies. The senior leadership did, however, make it clear that the university will not be shutting down for the remainder of 2016.

No teaching and learning activities at undergraduate and honours level will be offered between 17 October and 28 October 2016. The university will re-start teaching and learning at undergraduate and honours level in the first week of November 2016.

However, teaching and learning will not take place in the classrooms during November 2016, but through a different mode of delivery that consists of a combination of printed and recorded lectures, study materials and learning aids that will be provided by the university and delivered through Blackboard. In this manner no attempts at disrupting the rest of the academic year will affect our students’ academic programme. Students, however, will sit for the exam on campus.

Students in residence accommodation can return to campus as from 29 October 2016 and it is recommended that students who do not have off-campus internet access return to campus in order to access study material to complete the academic year.A new timetable for exams is still being developed and will be communicated as soon as the arrangements have been finalised.

Faculties have been differently affected by the loss of teaching time. Some faculties like the Faculty of Law have completed their curriculum, while other faculties like the Faculty of Natural and Agricultural Sciences require more teaching time. Some faculties, like the Faculty of Health Sciences, cannot do teaching through alternative modes of delivery.

The needs of the different faculties have been taken into account for developing a rescue plan to complete the 2016 academic year.

  • The Faculty of Health Sciences will continue its classes and clinical rotations as normal for all three schools on the Bloemfontein Campus and in the relevant hospitals. All students registered in programmes in the Faculty of Health Sciences will stay in residences for the full period of their studies and exams. Final-year medical students will graduate in December 2016 as expected.
  • In the Faculty of Economic and Management Sciences, final-year students for the Certificate in the Theory of Accounting (CTA) will stay on campus during October through to December 2016 and their classes and tests will not change.
  • Arrangements for all other faculties and programmes are being prepared and within the next week, students and parents/guardians will receive communication about how curriculum content will be completed and when the final exams will take place.
  • The university is extending the academic year so that we can recuperate all the lost teaching and learning time. The qualifications conferred on the 2016 class will be of the same quality and standards as all UFS qualifications.

The UFS is and will remain a fundamentally contact teaching and learning education university. However, under the current circumstances faced not only by the UFS, but higher-education institutions across the country, the best way of ensuring the integrity of the academic programmes in most faculties is by using an alternative way of teaching and learning. Other South African universities have chosen the same approach to be able to complete the academic year.

Instead of students going to class, they will have content delivered to them where they are (library, computer labs, their own computers, etc.) through Blackboard and printed and electronic material. This is a different way of learning but students will be carefully guided and supported.

Faculties are currently preparing all the necessary materials and instructions to support student learning.Standards and quality will be the same as if students were attending classes. Some faculties require practical laboratory work as part of their curriculum. The exam timetable will be adapted for these students to be able to complete their practical work when the academic activities commences in November 2016. The relevant faculties will communicate the schedule of practical work directly to the students.

Students in their final year will complete their studies during 2016. It is possible that in some cases the graduation ceremony for these students will be in June 2017 instead of April 2017. This will not prejudice students with bursaries, or committed employment in law firms or other businesses. The university will provide the necessary academic transcripts as proof of the completion of the relevant qualifications. None of these changes will affect postgraduate students.

The university will maintain regular communication with students and parents/guardians to update them on the new exams timetable.Faculties will communicate directly with students about issues related to their programmes.

“One of the areas in which significant progress was made, is that we were able to agree on a basis for stability with student leaders. The student protests occurred during an important time in the university’s academic calendar and the readjustment of our academic programme has put tremendous pressure on academic and support services staff, and created anxieties for parents,” said Prof Nicky Morgan, Acting Rector of the UFS.

“The senior leadership restates its commitment to free education as well as its willingness to stand together with students and other public universities to impress on government the urgency to decide on a time frame for the roll-out of free higher education for the poor and missing middle. We will use the next two weeks to meet with the leadership of Universities South Africa to coordinate collective action in this regard. We will furthermore also roll out a series of activities to inform and educate students and the general public on different models and experiences of providing free higher education,” he said.

The strategy to readjust the 2016 academic year is applicable to students on the Bloemfontein and South Campuses.


Released by:
Lacea Loader (Director: Communication and Brand Management)
Telephone: +27 51 401 2584 | +27 83 645 2454
Email: news@ufs.ac.za | loaderl@ufs.ac.za
Fax: +27 51 444 6393

 

State of our campuses #15: UFS closes campuses until Friday 28 October 2016 to readjust academic programme

State of our campuses #14: All academic activities on UFS campuses remain suspended on 13 and 14 October 2016

State of our campuses #13: Availability of information about plans for remainder of UFS 2016 calendar year

State of our campuses #12: All academic activities at UFS campuses suspended for 11 and 12 October 2016

State of our campuses #11: Academic activities on UFS campuses continue

State of our campuses #10: Impact of non-completion of the 2016 academic year on UFS students 

State of our campuses #9: Academic programme on all UFS campuses to resume on Monday 10 October 2016

State of our campuses #8:  UFS extends vacation as from 28 September until 7 October 2016, 28 September 2016

State of our campuses #7: All three UFS campuses will be closed today, 27 September 2016.

State of our campuses #6: All UFS campuses reopen on Tuesday 27 September 2016

State of our campuses #5: UFS campuses to remain closed on Monday 26 September 2016

State of our campuses #4: Decisions about the UFS academic calendar

State of our campuses #3: UFS campuses closed until Friday 23 September 2016 

State of our campuses #2: UFS Bloemfontein and South Campuses closed on Tuesday 20 September 2016 (19 September 2016)

State of our campuses #1: Academic activities suspended on UFS Bloemfontein Campus (19 September 2016)

 

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