The African Charter: The Duties of the Individual

In one line

Chapter II imposes duties on the individual towards family, society, the State, other legally recognised communities and the international community, requires rights to be exercised with due regard to the rights of others, collective security, morality and common interest, and lists eight specific duties in article 29.

The text

Article 27(1): every individual shall have duties towards his family and society, the State and other legally recognised communities and the international community.

Article 27(2): the rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.

27(2) is the one that matters, because it operates as a general limitation clause applying to every right in the Charter, and the Charter has no other.

Article 28: the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance.

Article 29 lists eight duties.

To preserve the harmonious development of the family and to work for the cohesion and respect of the family; to respect his parents at all times, to maintain them in case of need.

To serve his national community by placing his physical and intellectual abilities at its service.

Not to compromise the security of the State whose national or resident he is.

To preserve and strengthen social and national solidarity.

To preserve and strengthen the national independence and the territorial integrity of his country and to contribute to his defence in accordance with the law.

To work to the best of his abilities and competence, and to pay taxes imposed by law in the interest of the society.

To preserve and strengthen positive African cultural values in his relations with other members of the society, in the spirit of tolerance, dialogue and consultation and, in general, to contribute to the promotion of the moral well being of society.

To contribute to the best of his abilities, at all times and at all levels, to the promotion and achievement of African unity.

The case for duties

One: they are not an African invention. Article 29(1) of the Universal Declaration provides that everyone has duties to the community in which alone the free and full development of his personality is possible. The American Declaration of 1948 has a whole chapter of duties. Article 32 of the American Convention states that every person has responsibilities to his family, his community and mankind. The African Charter developed an idea already present in the universal and American instruments.

Two: they reflect a conception of the person as situated rather than isolated. The preamble says the enjoyment of rights implies the performance of duties, and the drafters were writing against the assumption that rights belong to an individual abstracted from family and community.