Peoples’ Right to a Nationality
and causes psychological harm, which is evident in victims of discrimination,
racism, colonialism and arbitrary deprivation of nationality. 63 This
characterisation is visible in many African states where issues of statelessness or
risk of statelessness occur. In addition, Axel Honneth views recognition as
divisible into different dimensions, including respect, as individual equality, and
esteem, as group solidarity. Through this lens, recognition is necessary to
distributive justice in relation to rights, which individuals and groups are entitled
to as equal nationals. Therefore, he perceives the entitlement and struggles for
recognition as a competition for rights based on common and shared values with
a given group. 64
Communitarism describes some form of coming together as a community and
portraying virtues of togetherness and communual existence as opposed to
individuality and individual existence. The communitarian theory of citizenship,
which is relevant to Africa where communal or communitarian values and rights
precede individual values and rights, is also useful in understanding the dynamics
of collective rights in the continent. These communtarian perspectives are
safeguarded in Chapter II of the Banjul Charter particularly in arts 27 (2), 29(7)
and 29(8). According to Munamato Chemhuru, if individuals preserve, respect,
and strengthen African cultural values in a way that positively influences African
communal and peoples’ rights, then individual rights will be guaranteed. 65
Srinvasa Myneni notes that communitarianism emphasises the connection
between the individual and their community, which may be a family unit, but can
also be a wider geographical location, or shared history. 66 He argues that
communitarians see themselves as people born with identities such as male,
female, working class, Black, Jewish or Muslim, and these identities place them
within certain networks of social relations, because, in reality, not all individuals
hold the liberal views of individualism. 67 Most communitarians hold that in order
for social harmony to prevail, individual rights and political liberties must be
curtailed. Amitai Etzioni has further reinforced the communitarian perspective of
citizenship, stating that all citizens will embrace core values for purposes of unity,
but will follow their own subcultures in other matters for purposes of diversity. 68
However, he cautions that Diversity Within Unity (‘DWU’) should be
differentiated from radical multiculturalism, arguing that DWU should not be
confused with ‘unity in diversity’, which is a popular political slogan. 69
Finally, the indigenous African solidarity and communitarian concept of
Ubuntu, is very relevant in understanding the collective right to nationality of a
people or community in Afruca. In effect, Ubuntu is a Zulu word, which means
humanness. It is derived from the ethical maxim, umuntu ngumuntu ngabantu,
which means, ‘a person is a person through other persons’. It means personhood
63
64
65
66
67
68
69
ibid.
See Axel Honneth, The Struggle for Recognition: The Moral Grammar of Social Conflicts (tr
Joel Anderson, MIT Press 1992).
See Munamato Chemhuru, ‘African Communitarianism and Human Rights’ (2018) 65(157)
Theoria 37.
See Srinvasa Myneni, Citizenship and Emigration Law (Asia Law House 2013) (copy on hand
with the author).
ibid 244.
Amitai Etzioni, ‘Citizenship in a Communitarian Perspective’ (2011) 11(3) Ethnicities 336.
ibid 341.
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