Search results for: African tradition

Authors: Ovett Nwosimiri

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African tradition and what it entails are the content of African concepts of knowledge. The study of African concepts of knowledge is also known as African epistemology. In other words, African epistemology is a branch of African philosophy that deals with knowledge. This branch of African philosophy engages with the nature and concept of knowledge, the ways in which knowledge can be gained, the ways in which one can justify an epistemic claim or validate a knowledge claim and the limit of human knowledge, etc. The protagonists of African epistemology based their argument for a distinctive or unique African epistemology on the premise or proposition “that each race is endowed with a distinctive nature and embodies in its civilization a particular spirit”. All human beings share some certain basic values and perceptions irrespective of where you come from, and this idea actually fosters some forms of interaction between people from different nationality. Africans like other people share in some certain values, perceptions, and interaction with the rest of the world. These basic values, perceptions, and interaction that Africans share with the rest of the word prompted African people to attempt to “modernize” their societies or develop some forms of their tradition in harmony with the ethos of the contemporary world. Based on the above ideas, it would be interesting to investigate if such (African) epistemology is still unique. The advocates of African epistemology focus on the externalist notion of justification and neglect the idea that both the internalist and externalist notion of justification are needed in order to arrive at a coherent and well-founded account of epistemic justification. Thus, this paper will critically examine the claims that there is a unique African epistemology (a mode of knowing that is peculiar to Africans, and that African mode of knowing is social, monism and situated notion of knowledge), and the grounds for justifying beliefs and epistemic claims.

Keywords: internalist, externalist, knowledge, justification

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Authors: Seraphina Bakta

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On many occasions, the link between human rights and culture in Africa is tainted with speculations that African traditions and culture impede human rights. Seemingly also, literature from Africa highly supports the approach of cultural relativism instead of the universalism approach to human rights. This approach has been regarded by many as an unwillingness to accept human rights as universal. While it has to be appreciated that in different communities, there are positive and negative elements of culture, including in Africa, the positive aspect is hardly seen in African culture. This paper, employed documentary review and interviews to collect data. Various documents were reviewed including international and domestic legal materials and literature. Data from documentary review were verified through interviews in Morogoro and Shinyanga regions in Tanzania. Qualitative approach was used to analyse such data where a thematic content analysis was used. The study found that there are positive aspects of African tradition and culture including those promoting child work (as opposed to child labour); some aspects on child protection which should be embraced. However, still some aspects such as child marriage and inconsistent with child rights. It is pivotal that therefore that measures are be adopted to address them.

Keywords: child rights, customs, tradition, Africa

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Authors: Ayobami Kehinde

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The literary representations of the family, tradition and change in African literature offer an immense, and as yet little theorised area of literary scholarship. Therefore, this paper explores the nexus among the family, tradition and change in five purposively selected post-colonial African fiction: Chimamanda Adichie’s Purple Hibiscus, Wale Okediran’s Tenants of the House, J. M. Coetzee’s In the Heart of the Country, Tsitsi Dangrembga’s Nervous Condition and Meja Mwangi’s Striving for the Wind. The methodology centres on analysing, questioning, undermining and celebrating the family and its contemporary vicissitudes as depicted in the texts. This is with a view to exploring the postcolonial novel with references to concepts developed by major theorists in the field of postcolonial studies, including Frantz Fanon, Edward Said, Gayatri Spivak, Homi Bhabha, Kwame Appiah and Achille Mbembe. It is revealed that in spite of the fact that the family is a vital institution, the primary social unit in any community, an agent of acculturation and the first focus of development, independence and growth, the texts reflect a diversity of problems confronting the family unit in Africa. These include the multiple problems of disrupted family lives, enforced family separation, political and personal violence with the domestic environment. It is concluded that the post-colonial African novel is a quintessential weapon to analyse the continent, opening up to the reader the specific expressions and experiences of human lives and their wider contexts. Therefore, the post-colonial African novel is a primary socio-cultural indicator representing an immense variety of lived realities in the continent. The study, therefore, suggests a concerted concern with the preservation of traditional family structures and other related aspects, such as cultural values, spirituality, gender roles and mutual trust.

Keywords: family, African fiction, postcolonialism, African tradition, domestic dissonance

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Authors: Muhajirin Gafar

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In Indonesia, Azan not only used as a reminder or call to prayer, its also used at the birth of a child, as the direction of the Prophet Muhammad PBUH, but also become part of a 'tradition’ to echoed in obsequies or the funeral, even there is a tradition in which the Azan echoed in the four corners of the grave. This tradition has become a necessity and has become part of the local Islamic culture preserved from time to time, although it certainly can not be known legal basis underlying the tradition. Based on the phenomenon, this paper proposed three research objective, namely: 1) To described the history about tradition Azan in funeral, 2) To analyze some of the postulates supporting the occurrence of the tradition, 3) To find out the postulates/ hadist which has been arranged in accordance with the instructions of the Prophet Muhammad PBUH about the rules of funeral. To reconstruct the history of the emergence of events azan tradition in the funeral this research used historical method, while the second and third objective used library research. Data and facts systematically processed and analyzed so as to be able to answer the questions of what, who, where, when, how, and why an event occurred. Finally, this research used Takhrij al-hadith a method to look at the validity of the arguments of the hadith. Result found that tradition of Azan in funeral has been around since the presence of Islam in Indonesia. This tradition continued and became a local Islamic culture which spread almost all over Indonesia, even considered part of religious guidance. While there are no decisive postulates which can be accounted for this tradition, except ‘qiyas’ postulates which are not appropriate. Most Indonesian Muslim put Azan as the first priority to do in funeral while oblivious other compulsory things that must be recited when lay down the corpse. They tend to assume that this tradition is a part of Islamic local culture.

Keywords: Azan, tradition, qiyas, Islamic local, hadist

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Authors: Ayyoub Jamali

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At the first glance, it seems that the African Court on Human and People’s Rights has achieved a tremendous development in the protection of human rights in Africa. Since its first judgement in 2009, the court has taken a robust approach/ assertive stance, showing its strength by finding states to be in violation of the Africana Charter and other human rights treaties. This paper seeks to discuss various challenges and resistance that the Court has faced since the adoption of the Founding Protocol to the Establishment of the African Court on Human and People’s Rights. The outcome of the paper casts shadow on the legitimacy and effectiveness of the African Court as the guarantor of human rights within the African continent.

Keywords: African Court on Human and People’s Rights, African Union, African regional human rights system, compliance

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Authors: Akshaya K. Rath, Manjit Mahanta

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The paper aims at examining the oral tradition of the Kondh and Oroan people of Odisha. Highlighting the translated versions of Kondh and Oroan songs—chiefly highlighting issues on agriculture—we argue that the relevance of these songs have fallen apart in the recent decades with the advancement of modern knowledge and thinking. What remains instead is a faint voice in the oral tradition that sings the past indigenous knowledge in the form of oral literature. Though there have been few attempts to document the rich cultural tradition by some individuals—Sitakant Mahapatra’s can be cited as an example—the need to document the tradition remains ever arching. In short, the thesis examines Kondh and Oroan “songs” and argues for a need to document the tradition. It also shows a comparative study on both the tribes on Agriculture which shows their cultural identity and a diversification of both the tribes in nature and how these tribal groups are associated with nature and the cycle of it.

Keywords: oral tradition, Meriah, folklore, karma, Oroan

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Authors: Utit Sungkharat

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Purpose: To investigate an invented tradition of Thai Buddhists and Thai Muslims for peace. Methods: The data for this qualitative research were collected from related documents and research reports, field data, and in-depth interviews with Buddhist and Muslim religious leaders and people in the community. Results: The results of the research revealed that Thai Buddhists and Thai Muslims in Tamod Community in the Southern part of Thailand who have lived in the same community and shared the same history of the community jointly invented the Songkran tradition holding on to the reason that they have lived in the same community founded by the same person. The reason for inventing this tradition is that Songkran is a tradition for paying respect to ancestors who passed away and people in Tamod have the same ancestor even though they believe in different religions. Therefore, paying respect to the ancestors can be performed together by people of the two religions. The invented tradition has not only united them and empowered them to drive their community to development but also brought peace and happiness to this community.

Keywords: invented tradition, Thai Buddhists, Thai Muslims, peace

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Authors: Karen de Andrade

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Literature is generally understood as an aesthetic creation, an artistic object that relates to the history and sociocultural paradigms of a given era. Moreover, through it, we can dwell on the deepest reflections on the human condition. It can also be used to propagate projects of domination, as Edward Said points out in his book Culture and Imperialism, connecting narrative, history and land conquest. Having said that, the aim of this paper is to analyse how Wole Soyinka elaborated his main theoretical work, Myth, Literature and African World, a collection of essays published in 1976, by comparing the philosophical, ideological and aesthetic practices of African, diasporic and European writers from the point of view of the Yoruba tradition, to which he belongs. Moreover, Soyinka believes that (literary) art has an important function in the formation of a people, in the construction of its political identity and in cultural regeneration, especially after the independence. The author's critical endeavour is that of attempting to construct a past. For him, the "African World" is not a mere allegory of the continent, and to understand it in this way would be to perpetuate a colonialist vision that would deny the subjectivities that cross black cultures, history and bodies. For him, comparative literature can be used not to "equate" local African texts with the European canon; but rather to recognise that they have aesthetic value and socio-cultural importance. Looking at the local, the particular and specific to each culture is, according to Soyinka, appropriate for dealing with African cultures, as opposed to abstractions of dialectical materialism or capitalist nationalism. In view of this, in his essays, the author creates a possibility for artistic and social reflection beyond the logic of Western politics.

Keywords: comparative literature, African Literature, Literary Theory, Yoruba Mythology, Wole Soyinka, Afrodiaspora

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Authors: Meshandren Naidoo

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Personhood is an important philosophical and ethical device that belies many major ethical and legal issues. The concept of African personhood is often overlooked, however, given the decolonization projects occurring in Africa, it is important to consider this view. African personhood, as opposed to Western personhood, is not individualistic in nature. The latter is predominantly Kantian and based on the notion that all persons have equal moral due to their capacity for a reason, whereas communitarianism is central to an African conception of personhood.

Keywords: African philosophy, bioethics, ethics, personhood

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Authors: Allwell Uwazuruike

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With the withdrawal, in 2016, of 3 African states from the ICC, the discourse took an interesting twist. African states, or at least some of them, had now shown their resolve to part ways with the ICC and, by implication, focus on further enthroning regional control and governance through an improved continental justice system. A range of views has been expressed over the years on the allegations of bias by some African states and the continued membership of the ICC. While there may be a split on the merits of the allegations of bias, academic analysts have generally not opposed African states’ membership of the ICC nor been particularly optimistic about the prospects of an African criminal court. There is also a degree of ambivalence on whether there are positives to be taken from African states’ withdrawal from the ICC. This article examines the recent developments with the ICC and analyses whether these could be viewed from the positive (or, at least, alternative) spectrum of the AU’s spirited march towards regional sovereignty or entirely negatively from the point of view of African Heads-of-State seeking to enthrone an era of authoritarianism and non-accountability.

Keywords: international criminal court, Africa, regionalism, criminal justice

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Authors: Sri Widati, Ira Nurmala

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The Se’i Tradition was considered to contribute highly to the high maternal mortality rate in South Amanuban, East Nusa Tenggara. This tradition is still preserved due to the social support that has influenced the decision to carry out the Se’i to pregnant women and post-partum women. The purpose of this study is to analyze this social support towards the Se’i Tradition on pregnant women in East Nusa Tenggara. This research was an explorative study with in-depth interviews, observations, and focus group discussions (FGD) in collecting the data. This study showed that emotional support towards Se’i was commonly given by families, specifically by the mother-in laws. Instrumental support was shown by the husbands and the traditional midwives who helped delivered the babies. Informational support was found on the pregnant women and their mother-in laws. Appraisal support was given by all the neighbors and relatives of the pregnant women by telling how comfortable it was to go through this tradition which eventually affected those women to carry it out themselves. The Se’i Tradition is still carried out and mostly supported by the relatives of the pregnant women. The first recommendation of this study is to suggest people to only follow the suggestions from the local health staff to give birth in the local health centers and not to do the tradition anymore. The second recommendation is to urge the government to give support in the form of transportation facilities for pregnant women to reach the local health staff.

Keywords: the Se’i tradition, social support, pregnant women, maternal mortality, post-partum women

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Authors: Oluwayemisi Mary Onyenanakeya, Kevin Onyenankeya

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Commercial media entertainment offerings especially mainstream soap operas, in South Africa, are progressively infusing dominant social values and ideas which are alien to South African tribal societies. In most of the commodified television drama series, people who hold tight to traditional beliefs and values are often characterised as traditionalists, while those who have imbibed the western defined dicta and ideology of modernity are seen as progressives. This study, therefore, sought to ascertain how South African tribal language, traditional institutions, values, social norms and ancestral beliefs are portrayed through the television drama, Generations: The Legacy, and what the viewers think about those constructions and the implication for cultural identity. The mixed methods approach was employed involving the administration of questionnaire to 350 participants selected through random sampling and a content analysis of 20 episodes of Generations: The Legacy. The findings further showed that the values and traditions represented in generation do not significantly reflect the South African tribal tradition and values (p-value > 0.05). In most instances where traditional values are represented they tend to be portrayed as old fashioned (p-value > 0.05), and inferior and backward (p-value > 0.05). In addition, the findings indicate that Generations: The legacy is a vehicle for promoting dominant culture.

Keywords: identity, soap opera, South Africa, television

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Authors: Anita Padmanabhanunni, Labeeqah Jaffer

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Menstruation signifies the transition to biological sexual maturity and culture-bound values influence its meaning and experience for women. In South Africa there is a paucity of research specific to the topic of menstruation. This study addresses this gap in the literature by exploring the experiences of menstruation among a group of women from the ama-Xhosa ethnic group, one of the largest ethnic groups in the country. Focus group and individual interviews were conducted with ama-Xhosa woman (n= 15). Data was analyzed using thematic analysis. The study found that traditional knowledge systems and cultural practices associated with menstruation including virginity testing and intonjane (female right of passage) still exist and impact on women’s subjective experiences. The study highlights the interface of tradition and modernity in the meanings ascribed to menstruation and women’s experiences of it.

Keywords: menstruation, cultural belief systems, South Africa, ama-Xhosa

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Authors: Boudersa Said Sami

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This paper aims at revealing the new role of the African translator as a progressive traveler in the thoughts and minds of both Africans and others via his/her multidimensional translations, and a particular focus will be here on literary translation. The African translator, in this respect, is a great actor in Africa’s literary, intellectual and philosophical movement through his exploration of great literary books and highly-echoed intellectual masterpieces via translation. The paper’s hypothesis revolves around the importance of the African translator in moving from one thought to another as shifting from one language to another (French to English or English to French and Arabic). Unless the African translator is alert-minded, lively and animated, the African thoughts are stagnant and Africa is a big mire of rotten ideas. African thoughts are alive, providing that translation is vivid. The findings of the paper reveal the significance of the African translator’s multidimensional roles in keeping Africa in movement. As a pertinent recommendation, translation in Africa should be fostered and its tools should be enhanced as well to keep Africa’s thoughts in continuous mobility between geographic areas as languages are in a progressive move through translation.

Keywords: African, translator, literary, globetrotter, movement

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Authors: Wiriranai Brilliant Masara

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The African Peace and Security Architecture is widely celebrated and revered as a paragon of the will to address peace and security challenges in Africa. However, like any other institution, it is embedded with operational and institutional challenges that prevent it from effectively carrying out its mandate and turning goals into achieved results. The article examines the fundamental flaws and weaknesses of the African Peace and Security Architecture by focusing on its institutions, norms, instruments, and its relationship to Africa’s Regional Economic Communities. Therefore, the article reviews the flaws of the five elements of the African Peace and Security Architecture which are the Peace and Security Council, Panel of the Wise, Continental Early Warning System, African Standby Force, and Peace Fund.

Keywords: African Union, African Peace and Security Architecture, peace and security council, continental early warning system, African Standby Force, Panel of the Wise, Peace Fund

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Authors: Lizette Grobler

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Although the notion of environmental citizenship has become an established concept linked to scholarship on sustainability internationally, it is not the case in South Africa. This literature review aims to investigate whether the concept is a viable construct in the South African household waste management context. This literature review firstly examines different approaches to environmental citizenship and the normative notions of environmental values, attitudes, and behaviour advocated by proponents of each tradition. Secondly, this paper deals with the application of environmental citizenship as a measure to address household waste. Thirdly, this paper interrogates the utilization of the concept in South African scholarly literature on waste management. The paper argues for the introduction of the concept as a potential approach to behavioural change in the household waste management context.

Keywords: environmental citizenship, environmental responsibility, household waste, ownership of waste

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Authors: G. K. Abdigalieva, Z. N. Ismagambetova, T. H. Gabitov, K. A. Biazdikova, A. A. Mukhanbet , B. E. Moldagaliyev, Saira Shamahay

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In the article was shown attitude to contemporary traditional culture and cultural heritage preservation issues and features of further development of a culture. Concerning innovation, appeal to cultural heritage, ability of reception of a culture and cultural diffusion in the process of globalization, it is offered further positive development of Kazakhstan’s based human experience and achieved with time. System of traditions is considered as a phenomenon which describes unity, harmony and stability of social body. Contradictions of contemporary culture and civilization, processes of tradition and innovation, cultural changes, and creativities are considered as second side of a society development. Innovation is analyzed as a method of renewal of a culture, tradition and innovation are considered as universal feature of any culture.

Keywords: culture, civilization, innovation, tradition, reality, customs, social relations, morality, values

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Authors: Ezechi Onyerionwu

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If there is a modern world literary culture that has so tremendously patronized the tragic mode, it has to be that of Africa, and this has been largely true to the extent that the African socio-historical process has been given strong projection by its literature and other art forms. From the three-century-long transatlantic slave trade which brutally translocated millions of Africans to the ‘outermost parts of the earth’, to the vicious partitioning of Africa among European powers and the subsequent imposition of colonial authority on a pulverized people, Africa has really been at the receiving end of the big negatives of global transactions. The African tale has largely been one long tragic narrative. However, the postcolonial African tragic saga has presented an interesting variety of forms and approaches, which have seen to the production of some of the most thought-provoking and acclaimed African novels of the late 20th and early 21st century. Some of the defining characteristics of the African tragic prose has been: the exploration of the many neocolonial implications of the African contemporary existence; the significance of the robust interplay between the essentially foreign, and the originally indigenous elements of the modern African society; and the implosive aftermaths of the individual modern African’s attempt to rationalize his position at the centre of a very complex society. Obioma’s incredible novel, The Fishermen, is in many ways, a classic of the African postcolonial narrative tragedy. The reasons for this bold categorization would occupy the present paper.

Keywords: African narrative tragedy, neocolonialism, postcolonial literature, twenty first century African literature

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Authors: L. Ponomarenko, Rachid Kaouar

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Morocco has rejoined the African Union and more than 30 years after it left the continental body due to the recognition of the Arabic Republic of Western Sahara. Morocco was readmitted after a one year campaign led by the King himself, who was visiting the Eastern African country with the aim to expend the kingdom presence in new region in Africa after that it managed to build a large influence net in the West Africa region. The return of Morocco can be a beginning of a new era in the foreign policy of Morocco, specially, in the policy towards the state-quo of the Western Sahara conflict, which is considerate as one the biggest obstacle for the cooperation and integration process in the region of North Africa. As a member-state of the African Union Morocco has lot more to lose, according to that the Moroccan position must be more flexible.

Keywords: African Union, Algeria, Morocco, North African Region, Western Sahara

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Authors: Olutola Funmilayo Adekeye

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Tradition African practice of architecture can be said to be deeply rooted in Green Architecture in concept, design and execution. A study into the ancient building techniques in Ilorin Emirate depicts prominent (eco-centric approach of) Green Architecture principles. In the Pre-colonial era before the introduction of modern architecture and Western building materials, the Nigeria traditional communities built their houses to meet their cultural, religious and social needs using mainly indigenous building materials such as mud (Amo), cowdung (Boto), straws (koriko), palm fronts (Imo-Ope) to mention a few. This research attempts to identify the various techniques of applying the traditional African principles of Green Architecture to Ilorin traditional buildings. It will examine and assess some case studies to understand the extent to which Green architecture principles have been applied to traditional building designs that are still preserved today in Ilorin, Nigeria. Furthermore, this study intends to answer many questions, which can be summarized into two basic questions which are: (1) What aspects of what today are recognized as important green architecture principles have been applied to Ilorin traditional buildings? (2) To what extent have the principles of green architecture applied to Ilorin traditional buildings been ways of demonstrating a cultural attachment to the earth as an expression of the African sense of human being as one with nature?

Keywords: green architecture, Ilorin, traditional buildings, design principles, ecocentric, application

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Authors: Benjamin Obeghare Izu

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In Africa, indigenous musical practices are the focal point in which most cultural practices revolve, and they are the conduit mainly used in transmitting Indigenous knowledge and values. They serve as a means of documenting, preserving, transmitting indigenous knowledge, and re-enacting their historical, social, and cultural affinity. Indigenous musical practices also serve as a repository for indigenous knowledge and artistic traditions. However, these indigenous musical practices and the resulting cultural ideals are confronted with substantial challenges in the twenty-first century from contemporary cultural influence. Additionally, indigenous musical practices' educational and cultural purposes have been impacted by the broad monetisation of the arts in contemporary society. They are seen as objects of entertainment. Some young people are today unaware of their cultural roots and are losing their cultural identity due to these influences and challenges. In order to help policymakers raise awareness of and encourage the use of indigenous knowledge and musical practices among African youth and scholars, this study is in response to the need to explore the components and functions of the indigenous knowledge system, values, and musical tradition in Africa. The study employed qualitative research methods, utilising interviews, participant observation, and conducting related literature as data collection methods. It examines the indigenous musical practices in the Oba of Benin Royal Igue festival among the Benin people in Edo state, Nigeria, and the Ovwuwve festival observed by the Abraka people in Delta state, Nigeria. The extent to which the indigenous musical practices convey and protect indigenous knowledge and cultural values are reflected in the musical practices of the cultural festivals. The study looks at how indigenous musical arts are related to one another and how that affects how indigenous knowledge is transmitted and preserved. It makes recommendations for how to increase the use of indigenous knowledge and values and their fusion with contemporary culture. The study contributes significantly to ethnomusicology by showing how African traditional music traditions support other facets of culture and how indigenous knowledge might be helpful in contemporary society.

Keywords: African musical practices, African music and dance, African society, indigenous musical practices

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Authors: Okikiola Olusanu

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The us/other relationship between the colonizer and the colonized, which continues to inform the oppression of Africans and highlights the intersectional oppression of postcolonial African women because of the colonialization of the identity of African women, inspired this poem. It reflects 'the body' and the 'embodied' as it journeys through the constructed distance between the white feminine body and colonized bodies in the context of travel. Through vivid imagery, repetition, and powerful language, this poem analyzes the effect of otherness on African women as they struggle with their internalized otherness and a poor sense of belonging, which hinges on the politics of difference which makes it impossible to complement the sameness of another within the liminal space of transition. This poem examines the discourse on the complexities of migration for the African woman by critically examining bodies, space, mobility, and how they interact. Our focus is on their relationship and how it affects African women's place and pace when moving to and through the First World. Through literary and feminist perspectives, this study aims to represent the portrait of the African woman and to decolonize the concept of border. It seeks to address the uniqueness of the African woman’s body, not as the same or different, but as distinct and wholesome to foster fairness, friendship, belonging, and equity in travel. To develop our argument and to establish our findings, we look at the dynamics of the oppression of the postcolonial African woman's body and her resistance.

Keywords: body, identity, African woman, decolonization

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Authors: Meshandren Naidoo

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An artificial intelligence (AI) system named DABUS 2021 made headlines when it became the very first AI system to be listed in a patent which was then granted by the South African patent office. This grant raised much criticism. The question that this research intends to answer is (1) whether, in South African patent law, an AI can be an inventor. This research finds that despite South African law not recognizing an AI as a legal person and despite the legislation not explicitly allowing AI to be inventors, a legal interpretative exercise would allow AI inventorship.

Keywords: artificial intelligence, creativity, innovation, law

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Authors: Meshandren Naidoo

Abstract:

An artificial intelligence (AI) system named DABUS 2021 made headlines when it became the very first AI system to be listed in a patent which was then granted by the South African patent office. This grant raised much criticism. The question that this research intends to answer is (1) whether, in South African patent law, an AI can be an inventor. This research finds that despite South African law not recognising an AI as a legal person and despite the legislation not explicitly allowing AI to be inventors, a legal interpretative exercise would allow AI inventorship.

Keywords: artificial intelligence, intellectual property, inventorship, patents

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Authors: Mhd. Zakiul Fikri, M. Agus Maulidi

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Indonesia is a constitutional state. As the constitutional state, Indonesia is not only using a single legal system, but also adopting three legal systems consist of: The European continental legal system or positive law of Indonesia, adat law system, and legal system of religion. This study will discuss Marosok tradition in the process of buying and selling cattle in Payakumbuh: a comparative study between adat law and positive law of Indonesia. The objectives of this research are: First, to find the meaning of the philosophical of Marosok tradition in Payakumbuh. Second, to find the legal implications of the Marosok tradition reviewed aspects of adat law and positive law of Indonesia. Third, to find legal procedure in arbitrating the dispute wich is potentially appear in the post-process of buying and selling cattle based on positive law and adat law adopted in Indonesia. This research is empirical legal research that using two model approaches which are statute approach and conceptual approach. Data was obtained through interviews, observations, and documents or books. Then a method of data analysis used is inductive analysis. Finally, this study found that: First, tradition of Marosok contains the meaning of harmonization of social life that keep people from negative debate, envy, and arrogant. Second, Marosok tradition is one of the adat law in Indonesia; it is one of contract law in the process of buying and selling. If the comparison between the practice Marosok tradition as adat law with the provisions of Article 1320 book of civil code about the terms of the validity of a contract, the elements contained in the provisions of these regulations are met in practice Marosok. Thus, the practice of Marosok in buying and selling cattle process in Payakumbuh justified in view of the positive law of Indonesia. Last of all, all kinds of disputes arising due to contracts made by Marosok tradition can be resolved by positive law and adat law of Indonesia.

Keywords: Adat law, contract, Indonesia, Marosok

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Authors: Gerald Steyn

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Sub-Saharan Africa is the world's fastest urbanizing region, but approximately 60 to 70 percent of urban African households are poor and living in slums. Although influential global institutions such as the World Bank propagate a new approach to housing and land policies, sustainable African urban concepts have yet to be applied significantly or even convincingly conceptualized. Most African city planners, urban designers, architects, policymakers, and developers have been trained in Western curriculums and continue to practice and plan according to such formal paradigms. Only a few activists promote Post-Colonial Afrocentric urbanism, recognizing the imperative of foregrounding the needs of low-income people. There is a vast body of authoritative literature on analyzing poverty and slums in sub-Saharan Africa and on promoting the need for land and city planning reform. However, of the latter, only a few venture beyond advising and sometimes outlining policy changes. The current study moves beyond a purely theoretical discourse into the realm of practice by designing replicable diagrammatic concepts at different urban scales. The guiding philosophy was that land-use concepts and urban requirements favoring low-income households must be fully integrated into the larger conurbation. Information was derived from intensive research over two decades, involving literature surveys and observations during regular travels into East and Southern Africa. Appropriate existing urban patterns, particularly vernacular and informal, were subsequently analyzed and reimagined as precedents to inform and underpin the represented design concepts. Five interrelated concepts are proposed, ranging in scale from (1) regional to (2) cities and (3) urban villages to (4) neighborhoods and (5) streets. Each concept is described, first in terms of its context and associated issues of concern, followed by a discussion of the patterns available to inform a possible solution, and finally, an explanation and graphic illustration of the proposal. Since each of the five concepts is unfolded from existing informal and vernacular practices studied in situ, the approach is entirely bottom-up. Contrary to an idealized vision of the African city, this study proposes actual concepts for critical assessment by peers in the tradition of architectural research in design.

Keywords: african urban concepts, post-colonial afrocentric urbanism, sub-saharan africa, sustainable african urban design

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Authors: Toyin Cotties Adetiba

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Notably, China is a major global economy, thus increasing debate parlance of foreign policy that sees China as a superpower. China’s investment in Africa is visibly seen in African markets with substantial involvement of its multinationals in key commercial sectors such as infrastructure, telecoms, and agriculture. Not minding its positive economic impact on Africa, the debate around the China-African relationship has continued to be filled with some sort of inconsistency and ambiguity. This work engaged a qualitative research method while answering the question of whether the socioeconomic marriage of convenience between African states and China, is a means and the end to the Chinese control of African economy? Can China-Africa’s relationship engender Africa’s economic development or is it a threat to Africa’s development? The paper argued that through the secret dealings of the Chinese companies with African leaders, couched as palace diplomacy, the Chinese have cornered African economy. Concluding that there is need for the reform of the approaches to curtailing socio-economic and political corruption in Africa in the form of applications of ideas molded and refined to transparency in dealing with the Chinese, while economic institutions in African is empowered to effectively fight corruption.

Keywords: Africans, corruption, diplomacy, companies, development

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Authors: Mohammed T. Shabeer

Abstract:

Hoary moorlands of Tibet bear bundle of religious traditions. Vajrayana tradition of Tibetan Buddhism is one of the deep rooted religious orders of the area. It demands the homage to a variety of gods and diverse worships, especially to manifestations like the Dalai Lamas. This divine diversity has been conceptualized by remoteness of the area and transcontinental intrusion of Asiatic philosophies like Indian Buddhism, Mongolian Shamanism and Hindu Tantrism. This study reveals the role of Hindu Tantrism in conceptualizing the manifestations in Vajrayana Tradition of Tibetan Buddhism in a comparative way. Nowadays, the academic explorations and researches in the field of ‘Tibetology’ are widely tolerable in east and west alike. International community concerns such studies supportive of the restless campaigns for ‘free Tibet’. Moreover, the scientific sources on the topic are rarest and precious in the field of comparative religion. This study reveals a clear account of god concept of Vajrayana tradition and insists that the god concept of the tradition is conceptualized from the amalgamation of Indian Hindu Tantrism, Mongolian Shamanism, and Indian Buddhism. Primly, it sheds the light upon the mysterious similarities between Indian and Tibetan concepts of manifestation of gods. The scientific examination of this problem lasts in the conclusion that the transcontinental transmission of Hindu Tantrism in the special occasion of Buddhist Diaspora of 12th century in consequence of the invasion of Muslim Ghorid Sultanate had paved a vital role in shaping the Vajrayana tradition especially conceptualizing the manifestation of Tibetan gods.

Keywords: Buddhist diaspora, Hindu tantrism, manifestation of god, Vajrayana tradition of Tibetan Buddhism

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Authors: Teju N. Adisa-Farrar

Abstract:

In European cities, social, political and cultural geographies of blackness exist. Organizations create spaces to discuss, express, and expose the realities of young people of African descent creating an Afropean lifestyle with transnational affiliations. Focusing on black and brown spaces produced by and for the young people of African descent in Vienna and Brussels, it became clear a multidisciplinary approach would be necessary. Using Cultural Studies frameworks along with Communications Theories on Black Public Spheres and Social-Geography, a basis was created for exploring the creative, political, and economic responses of young people who are apart of the historically (and contemporary) oppressed and excluded groups of the African Diaspora. Through this intrinsic study, it became apparent that spaces created and reclaimed by young people of the African Diaspora were more inclusive and democratic than other spaces. The organizations studied have used city life as the platform to express their struggles and celebrations of their multicultural identity; clearly using historical, global black and Pan-African movements as the basis for local adaptation of an African Diaspora identity.

Keywords: African diaspora, black public sphere, identity, spaces, geographies

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Authors: Jeanne-Mari Retief

Abstract:

As of November 2016, three African states have withdrawn from the International Criminal Court (ICC) and more are expected to follow. The alleged abuse of universal jurisdiction and targeting of African states by the ICC motivated the withdrawals. These historical exits raise many questions, especially in regard to the adequate investigation and prosecution of international crimes in a continent with a history of impunity. Even though African courts exist and one more is proposed, many issues remain i.e. adequate access to the courts, the extent of the courts’ jurisdiction, and proposed methods of effectively dealing with international crimes in Africa. This paper seeks to address the practical effects of the withdrawal from the ICC and the problems posed through utilizing regional courts. It will specifically look at the practical challenges existing courts face, the lack of access to the latter, issues concerning the proposed African Court for Justice and Human Rights, and the shocking promotion of impunity in Africa. These all have severe implications for African citizens and victims of the most heinous crimes. The mantra of African solutions to African problems places an important duty on states to ensure the actual provision of these solutions, which can only be achieved through a critical analysis of the questions above.

Keywords: ACJHR, Africa, impunity, justice, Malabo protocol

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