The Court's Assessment
176. Article 17 of the Charter provides:
"1. Every individual shall have the right to education.
2. Every individual may free ly, take part in the cultural life of his
community .
3. The promotion and protection of morals and traditional values Recognised by the
community shall be the duty of the State" .
177. The right to culture as enshrined in Article 17 (2) and (3) of the Charter is
to be considered in a dual dimension, in both its individual and collective
nature. It ensures protection , on the one hand, of individuals' participation in
the cultural life of their community and , on the other, obliges the State to
promote and protect traditional values of the community.
178. Article 17 of the Charter protects all forms of culture and places strict
obligations on State Parties to protect and promote traditional values. In a
similar fashion , the Cultural Charter for Africa obliges States to adopt a national
policy which creates conditions conducive for the promotion and development
of culture .49 The Cultural Charter specifically stresses "the need to take account
of national identities , cu ltural diversity being a factor making for balance within
the nation and a source of mutual enrichment for various communities".50
179. The protection of the right to cu lture goes beyond the duty , not to destroy
or deliberately weaken minority groups , but requires respect for, and
protection of, their cultural heritage essential to the group' s identity . In this
resp ect, culture should be construed in its widest sense encompassing the
total way of life of a partic ular group , including the group's languages ,
symbols such as dressi ng cod es and the manner the group constructs
shelters ; engages in certain economic activities , produces items for surviva l;
rituals such as the group's particu lar way of dealing with problems and
49
Article 6, Cultural Charter for Africa adopted by the Organisation of African Unity in Accra, Ghana on 5
July 1976, The Respondent became a State Party to the Cultural Charter on 19 September 1990.
50 Article 3, ibid.
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