African Customary Laws vs Western Human Rights

By Ter Manyang Gatwech

Introduction

Juba – Initially, customary laws within African societies were not documented or written down but passed down orally from generation to generation. Over time, folklore and customs transformed into formal systems of law schools, each unique based on society’s orientation.

African societies functioned effectively with their own set of laws, which were generally perceived as fair. However, Western countries and the United Nations sought to promote their own human rights laws globally due to their emphasis on social interaction.

African nations strive to balance between meeting Western standards and maintaining their beliefs, a challenging task. Despite this, many human rights workers argue that the rights of certain groups, like women and children, are often neglected and violated under customary African laws.

Background

Understanding African Customary Laws and Western Human Rights requires knowledge of both systems.

African society is highly diverse, with over 1,000 cultural groups. African Customary Law is primarily oral, passed down through generations.

Western Human Rights are normative in nature and differ from African Indigenous Rights, rooted in communal living. This paper explores themes such as justice, human worth, and legal pluralism among others, delving into the African Customary Law and Western Human Rights legal systems.

Purpose

To compare African customary laws and Western human rights, examining their integration into modern African judiciary practices.

The research assesses theoretical differences and practical similarities between African customary courts and Western constitutional courts regarding human rights laws. It delves into the influence of the Western judicial system in Africa and the challenges of integrating human rights into customary courts due to cultural diversity.

The study also looks at the rituals and dispute resolution methods of African customary courts compared to Western courts, along with the history behind the development of human rights law in Europe.

Scope

The researcher will focus on themes such as marital rights, property rights, and social rights within the context of international law, exploring how Africa is treated by entities like the African bloc and the African Commission regarding the sanctity of African Customary Laws. The emphasis will be on international law and its treatment of Africa.

In conclusion

African nations should establish African National Museums (ANM) to preserve their cultures and history. This article does not represent the institution I work for.

Mr. Ter Manyang Gatwech is a human rights activist and gender expert from South Sudan.