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discrimination, are taken into consideration actually depends far more on the level of
development of the regional protection of human rights, democracy or the rule of law than on
racial and religious disparities in one region or another.
African region
66.
There is considerable ethnic and religious variety on the African continent. Ethnic
groups are spread over several States whose geographical borders rarely, if ever, correspond to
the human groupings on the continent. The Charter of the Organization of African Unity (OAU)
wisely acknowledges this state of affairs, but the African Charter on Human and Peoples’ Rights,
adopted on 28 June 1981, did not manage to define the term “peoples”. Does the term apply to
the population of a State as a whole or to ethnic groups - and therefore to minorities - within a
State? The situation in Africa is so complex that the 1981 Charter avoids the question entirely.
In fact, in many African States, it would be more appropriate to speak of “multiple minorities”,
with no majority. In any event, while the 1981 African Charter does not explicitly recognize the
concept of minority, article 2 of the Charter establishes the rights and freedoms of individuals
using wording which is very similar to that used in article 2 of the International Covenant on
Civil and Political Rights, although it adds distinctions based on “ethnic” origin.82 Article 8, on
the other hand, is more restrictive. Although freedom of conscience and the profession and
practice of religion are guaranteed, there is no provision for freedom to adopt a religion or belief
of one’s choice. Moreover, the proviso “subject to law and order”, which is not defined in the
1981 Charter, can lead to arbitrariness.83 However, the Charter’s contribution lies in its attention
to rights and duties towards society, the State, the family and other communities (art. 27) while
taking into account the promotion and protection of traditional values and positive African
values (art. 29). In many of its provisions, the Charter emphasizes the idea of tolerance
(arts. 28, 29, etc.).
Cairo Declaration on Human Rights in Islam
67.
The Cairo Declaration on Human Rights in Islam of 5 August 1990 can also be classed as
a context-sensitive instrument (the text of the Declaration can be found, in document
A/45/421-S/21/797, annex III). Discrimination on the grounds of race, colour, religion or other
considerations is prohibited (art. 1). Nevertheless, article 10 stipulates that Islam is the natural
religion of human beings, while at the same time the Declaration asserts that every person has
the right to protection of his or her religion (art. 18). The coexistence of these provisions raises
difficulties of interpretation, as it is not clear whether the “protection” provided for in article 18
concerns Islam, as the natural religion of human beings, or all other religions, particularly those
of ethnic minorities.
Arab Charter
68.
The Arab Charter on Human Rights, adopted on 15 September 1994, is aimed especially
at minorities. Article 29 of the Charter provides as follows: “Minorities have the right to enjoy
their culture and to manifest their religion through worship and rituals”. It should be mentioned
that seven Arab States have entered reservations concerning this instrument. It can be observed
that the Charter, unlike the universally applicable instruments, does not extend this freedom to