The aim of this article is to explore the connection between the laws and principles of the African Charter on Human and Peoples’ Rights and the projects that Legs 4 Africa is carrying out on the African continent. Through exploring concepts such as the Ubuntu ethical rule and the principle of solidarity and community that underlies the African concept of human rights, it will be possible to understand how important it is to study the cultural, social, economic and political aspects of the continent in order to create international projects that can generate sustainable value for the individuals.

Human rights are universal, inalienable and inseparable, and individuals have the right to have their rights protected simply because they are human.

Universality is a rather controversial concept. In fact, the respect and fulfilment of human rights is necessary to ensure that individuals live a dignified and happy life; any violation is defined as an obstacle to happiness. However, it is important to take into account that the concept of happiness is different among people, belonging to different cultures and parts of the world.

The internationally established model of human rights is the Western one, deeply rooted in an individualistic conception of law. Despite this, the Western conception is very different from the African conception of human rights. 

The African regional system of human rights is based on the African Charter of Human and Peoples’ Rights of 1981 (or Banjul Charter) which differs in a particular way from the Western ones, i.e., the European Convention on Human Rights of 1953 and the American Convention on Human Rights of 1978. This has been ratified by 53 countries, that is, all states except South Sudan.

At the basis of this difference is, above all, the fact that the African charter is based on the principle of solidarity, which reflects the method according to which the fulfilment of human rights must take place. The innovative introduction of the “rights of peoples” makes this young and important document unique: the right to equality of all peoples, the right to self-determination, the right to property of natural resources, the right to development, the right to a healthy environment. When we talk about “peoples” we are not only referring to national populations (the complex of citizens of a State) but also to smaller groups within this, namely minorities and indigenous peoples. This is a very important concept that is not so obvious, especially considering what international law was a few decades ago.

In addition to these collective rights there are also the duties that each individual has towards not only his family but also his community, both local and international. Uniquely across Africa it is not a question of rights, but rather of duties, and these are always reflected on a collective level.

Also in contrast to Western conventions, the African Charter presents economic, social and cultural rights, as well as civil and political rights, in a single document. The former are considered a necessary condition to guarantee the effective satisfaction of the latter, without priority or differences.

This system in general is also perfectly connected with the African (sub-Saharan) ethic or ideology of Ubuntu, which focuses on the loyalty of relations between people and the necessary benevolence towards others: “Umuntu ngumuntu ngabantu“, in other words, “I am what I am as a result of what we all are“.

Following the principle of solidarity at the basis of the satisfaction of human rights, but also the Ubuntu ideology, it is possible to understand why the African human rights system is founded on the profound belief that the human rights of the individual can only be effectively satisfied after the fulfilment of the human rights of the community.

The African conception of the satisfaction of human rights is, therefore, based on a much more peculiar vision than those of a Western origin, i.e. solidarity finds greater expression in the African system than in other parts of the world. In fact, the Western conception of human rights is individualistic, i.e. rights belong to individuals and are considered as means of protection; on the contrary, in the African context, rights belong to the community.

Legs4Africa’s projects in Ghana, Gambia and Uganda (in collaboration with Amputee Self Help Network) not  only reflect the purpose and objectives of the 2007 United Nations Convention on the Rights of the Persons with Disabilities, but also conform to and are perfectly aligned with African ideals of the satisfaction of human rights.

This is evident not only when considering article 18, number 4, of the African Charter of Human and Peoples’ Rights, which states, “The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs“, but also, and above all, in the objective that these projects share, operating in different vulnerable parts of the continent through an activity that is strongly based on the principle of collectively and solidarity and that aims to try to develop physical and moral support services for amputees so that they are not left behind while the society around them continues to develop.

The projects are implemented through the creation of a network that brings individuals to be part of small peer groups where collaboration and solidarity creates a supportive environment that generates hope and confidence for a better future for the community and therefore for the individual.

The approach of the projects based on the importance of the community is perfectly in synergy with continental policies regarding the satisfaction of the human rights of African amputees. This is very important, especially considering the fact that the international development system is very often profoundly focused only on Western policies, which have always been the centre of attention when it comes to development in areas such as those in Africa. This demonstrates that the projects that Legs4Africa is pursuing and aims to implement in the future on the African continent primarily focus on the needs of the local population, considering all factors, from social and cultural to economic and political.

In this way, it is possible to look at these projects in the long term, generating value and human wealth that is manifested in the present and remains alive for the future of amputees in Africa. 

The study and especially the understanding of the cultural elements of the territory in which projects of this type are carried out is, in my opinion, essential, because it is only by listening to and trying to understand these as much as possible that a real change in the international development sector can take place, through a greater adaptability to the values and ideologies of ancient and historically rich peoples such as those of Africa.

There is no single correct concept of human rights, even though these were a Western invention. Human rights belong to each individual, who is part of a community, and I firmly believe that no law can be stronger than solidarity among human beings to ensure that each individual can see his fundamental freedoms fulfilled.