آفریقا گرایی در ساحت حقوق بشر: تقابل جهان‌شمولی و نسبی‌گرایی فرهنگی

The Cultural Relativism Doctrine is a challenging concept that questions the universalist claims made in international human rights documents such as the Universal Declaration of Human Rights. According to this doctrine, human rights, as interpreted and conceived in the West, may not be universally acceptable for non-Western societies. Within cultural relativism, a subset called “Africanism” seeks to present its own acceptable narrative of human rights by emphasizing the principles and cultural commonalities specific to the African continent. Africanism has different views on cultural relativism, ranging from minimal to moderate and maximal perspectives. These views raise questions about the legitimacy of the global human rights paradigm. The African Charter on Human and Peoples’ Rights also reflects this theoretical tension to a certain degree. Considering the modern African context and culture, it can be inferred that a middle-ground perspective based on intercultural cooperation and dialogue is the best way to address the challenges arising from this issue. During the post-colonial era, the traditional mechanism of safeguarding human dignity has proven ineffective and insufficient in Africa. Additionally, the interconnectedness of civil-political rights with social-economic rights appears to be a valid prioritization of various human rights types.

Introduction

This academic paper delves into the tension between cultural relativism and the universality of human rights, with a significant focus on the African perspective. The dominant human rights paradigm, rooted in Enlightenment philosophy, strongly emphasizes universality. However, cultural relativism challenges this notion, suggesting Western-centric values may be interpreted differently in non-Western societies. Africanism, a branch of cultural relativism, seeks to establish an alternative human rights narrative deeply rooted in African principles and shared cultural values. A spectrum of Africanist viewpoints on cultural relativism, ranging from minimalist to maximalist, is revealed in this debate, which finds partial reflection in the African Charter on Human and Peoples' Rights. The paper asserts that a middle-ground approach, which places intercultural dialogue and collaboration at its core, holds the most promise for addressing the challenges posed by cultural relativism in contemporary Africa. Traditional mechanisms for upholding human dignity are considered insufficient in the post-colonial era. Moreover, the prioritization of various human rights suggests a potential convergence between civil and political rights with social and economic rights.The prevailing human rights paradigm stems from Enlightenment philosophy, particularly the ideas of Immanuel Kant. This framework emphasizes inherent and inseparable characteristics that define human rights. Belief in universal human nature, without cultural particularities, has resulted in universal human rights, implying inherent rights held by all humans, irrespective of gender, race, or culture. These rights demand respect and protection from everyone, especially governments. However, the rise of post-Enlightenment thinkers challenged the concept of a universal human subject. They proposed the "empirical subject," a human defined by their relationship with the surrounding world. One such relationship is with culture. Cultural relativism seeks to redefine the dominant human rights narrative, often perceived as "Western," to suit the needs of diverse cultures better. Proponents of cultural relativism argue against the universality of human rights, suggesting that imposing Western values can be detrimental. They advocate for respecting cultural differences in norms, values, and interactions, even if it challenges the notion of universal human rights implementation. An example of cultural relativism is the concept of "Asian values," a political ideology that emerged in the late 20th century. It emphasized the shared societal, cultural, and historical elements of Southeast and East Asian nations. Similarly, Africanism strives to counter the perceived dominance of Western values and human rights principles by drawing on the African continent's unique principles and shared cultural values. Developing culturally informed human rights narratives, despite potential risks of government exploitation, can lead to broader acceptance and application when grounded in sound philosophical, historical, and theoretical foundations. By learning from different cultures' diverse theoretical and practical experiences, we can strengthen human rights narratives like the Islamic-Iranian perspective. This paper analyzes the relationship between human rights and cultural relativism, mainly focusing on Africanist claims. It examines the impact of African perspectives on the notion of universal human rights. We will explore the discourse of cultural relativism in the context of human rights globalization and the efforts to legitimize and achieve intercultural acceptance of the universal human rights regime. The paper will also analyze key arguments and trends in African discourse on cultural relativism.

Theoretical Framework

Cultural relativism has been a focal point of substantial debate in human rights discourse for many years. Advocates of cultural relativism assert that human rights are not universal and that respecting unique cultural values and beliefs is necessary. They argue that imposing Western values on other cultures may have negative consequences and instead advocate for allowing cultures to develop their human rights norms. Conversely, opponents of cultural relativism argue that it can be employed to justify human rights violations. They support a core set of universal human rights that cross cultural boundaries. They caution that authoritarian regimes can employ cultural relativism to justify human rights abuses under the guise of cultural differences.

Methodology

This study utilizes a qualitative research methodology that critically examines the current literature on human rights, cultural relativism, and African perspectives on these topics. The key sources of information are academic journals, books, and publications from international organizations and human rights advocacy groups.

Results and Discussion

African perspectives on cultural relativism and the universality of human rights encompass a wide range of views. Minimalist Africanists recognize the importance of some universal human rights principles but advocate for cultural adaptations in their implementation. Moderate Africanists support a core set of universal human rights but argue for including specifically African cultural values. Maximalist Africanists, on the other hand, entirely reject the universality of human rights and advocate for a human rights framework based solely on African cultural values. This range of views is well-reflected in the African Charter on Human and Peoples' Rights. The Charter incorporates several universal human rights principles while also acknowledging the significance of African cultural values and traditions. For instance, the Charter recognizes human duties.

Conclusions and Suggestions

The concept of cultural relativism presents a significant challenge to the universality of human rights. While it is important to respect cultural diversity, extreme forms of cultural relativism may lead to justifying human rights violations. The African perspective provides valuable insights into navigating this challenge.
 
 
Conclusions
Our analysis suggests that a middle-ground approach is the most appropriate way to address the challenges posed by cultural relativism in the African context. This approach emphasizes:

Intercultural dialogue and collaboration: Respectful dialogue between cultures is essential for developing universal and culturally sensitive human rights frameworks. African experiences and values can contribute significantly to this dialogue.
Reinvigorating traditional mechanisms for upholding human dignity: Traditional African mechanisms for upholding human dignity, requiring adaptation to the modern context, can provide valuable insights for strengthening human rights protections.
Prioritizing human rights: The growing emphasis on social and economic rights alongside civil and political rights reflects a more comprehensive understanding of human dignity. This convergence aligns with African cultural values that often emphasize communal well-being.

Suggestions

Developing an African human rights culture: To develop a robust African human rights culture, further research and dialogue are needed that integrates universal principles with African values and traditions.
Strengthening regional human rights institutions: Strengthening regional human rights institutions like the African Commission on Human and Peoples' Rights is crucial to effectively implementing and enforcing human rights in Africa. 
Capacity building: Capacity-building initiatives can equip African governments and civil society actors with the knowledge and skills necessary to uphold human rights standards.

By adopting a middle-ground approach that fosters intercultural dialogue, strengthens traditional mechanisms, and prioritizes human rights, Africa can play a crucial role in shaping a more robust and inclusive global human rights framework.