Human Rights and Governance in Africa


Book Description

"The volume stands out both in its timeliness and in the originality of its 'new thinking' about human rights on the continent. . . . The editors offer excellent intellectual leadership to this project."--Crawford Young, University of Wisconsin, Madison The often oppressive existence endured by ordinary Africans means that human rights issues, along with political and economic ones, are central to Africa's progress. The 1981 African Charter on Human and Peoples' Rights, signed by African leaders, takes the stance that human rights in Africa must honor the traditional African concern for the collective over the sanctity and integrity of the individual. The editors and authors of this book argue against that consensus, defending the position that human rights are universal. The contributors ask whether the idea of universal human rights is tenable theoretically and practically, coming at the issue from bases of social and political theory, history, and law. They conclude that the views on human rights in Africa need to move in the direction of international thinking on the issue, a posture not merely Western but quintessentially human. The book has much to offer students of African and international studies, human rights specialists, and others concerned with human rights issues. Contents Part I. Theoretical Perspectives Endless Teardrops: Prolegomena to the Study of Human Rights in Africa, by Ronald Cohen Human Rights and Precolonial Africa, by Timothy Fernyhough Human and Peoples' Rights: What Point Is Africa Trying to Make? by H. W. O. Okoth-Ogendo The African Human Rights Process: A Contextual Policy-Oriented Approach, by Winston P. Nagan Part II. Substantive Issues Women's Rights and the Right to Development, by Rhoda E. Howard African Refugees: Defining and Defending Their Human Rights, by Art Hansen "Life Is War": Human Rights, Political Violence, and Struggles for Power in Lesotho, by Robert Shanafelt The National Language Question and Minority Language Rights in Africa: A Nigerian Case Study, by F. Niyi Akinnaso Education and Rights in Nigeria, by Ajuji Ahmed and Ronald Cohen Academic Freedom in Africa: A Right Long Overlooked, by Goran Hyden The Challenges of Domesticating Rights in Africa, by Goran Hyden Ronald Cohen is professor of anthropology and African studies at the University of Florida; among his many books and articles on Africa is Satisfying Africa's Food Needs (1988). Goran Hyden is professor of political science at the University of Florida; his books on African politics and development include No Shortcuts to Progress (1983). Winston Nagan, professor of law and affiliate professor of anthropology at the University of Florida, chaired the board of Amnesty International (USA) from 1989 to 1991.




Legitimate Governance in Africa


Book Description

Any attempt to address the ever-present problem of instability in Africa gives rise to questions regarding legitimate governance. Without future thinking and action on the legitimacy of governance in Africa and how to secure it, past mistakes will go unheeded rather than informing forward movement. Surprisingly, no existing work has comprehensively addressed this critical issue. Legitimate Governance in Africa provides this needed coverage for the first time, examining such key components in the struggle for legitimate governance as the role of the international community in addressing the problem, the particular role women can play and ways in which women can improve their involvement in the whole enterprise of governance, and the roles of non-governmental organizations and civil society. In this diverse collection of essays, a wide range of expert legal contributors, all familiar with the status of the struggle for legitimate governance in a specific institution or particular African state, brings unique perspectives to the scholarly investigation of legitimate governance in Africa. The individual authors have thought deeply about the complexities and subtleties of conducting and evaluating the business of African state governance, considering both the practical sustainability of potential approaches and theoretical problems and issues. The probing, high-quality essays facilitate a real understanding of the obstacles to progress in the struggle for legitimate governance. Through their depth and diversity of views, every one of the papers included in this collection enriches the pool of knowledge on this important subject.




Governance, Human Rights, and Political Transformation in Africa


Book Description

This edited volume examines the development and challenges of governance, democracy, and human rights in Africa. It analyzes the emerging challenges for strengthening good governance in the region and explores issues related to civil, political, economic, cultural, and social rights highlighting group rights including women, girls, and other minority groups. The project presents a useful study of the democratization processes and normative developments in Africa exploring challenges in the form of corruption, conflict, political violence, and their subsequent impact on populations. The contributors appraise the implementation gap between law and practice and the need for institutional reform to build strong and robust mechanisms at the domestic, regional, and international levels.




Democratic Governance, Law, and Development in Africa


Book Description

This volume analyses democratic governance, the rule of law and development in Africa. It is unique and timely. First, the theme and sub-themes were carefully selected to solicit quality chapters from academics, practitioners and graduate students on topical and contemporary issues in constitutional law, human rights, and democratic governance in Africa. The chapters were subjected to a single-blind peer review by experts and scholars in the relevant fields to ensure that high quality submissions are included. Due to the dearth of knowledge and studies on the chosen thematic areas, the publication will remain relevant after several years due to the timeless themes it covers. In this regard, this edited volume audits the progress of democratic consolidation, rule of law and development in Ghana with selected case studies from other African countries. This book is intended for higher education institutions (universities, institutes and centres), public libraries, general academics, practitioners and students of law, democracy, human rights and political science, especially those interested in African affairs.




Human Rights in Africa


Book Description

This edited collection explores key human rights themes and situates them in the context of developments on the African continent. It examines critical debates in human rights bringing together conceptually and empirically rich contributions from leading thinkers in human rights and African studies. Drawing on scholarly insights from the fields of constitutional law, human rights, development, feminist studies, public health, and media studies, the volume contributes to scholarly debates on constitutionalism, the right to water, securitization of development, environmental and transitional justice, sexual rights, conflict and gender-based violence, the right to development, and China’s deepening role in Africa. Consequently, it makes an important scholarly intervention on timely issues pertaining to the African continent and beyond.




Democracy, Good Governance and Development in Africa


Book Description

Questions surrounding democracy, governance, and development especially in the view of Africa have provoked acrimonious debates in the past few years. It remains a perennial question why some decades after political independence in Africa the continent continues experiencing bad governance, lagging behind socioeconomically, and its democracy questionable. We admit that a plethora of theories and reasons, including iniquitous and malicious ones, have been conjured in an attempt to explain and answer the questions as to why Africa seems to be lagging behind other continents in issues pertaining to good governance, democracy and socio-economic development. Yet, none of the theories and reasons proffered so far seems to have provided enduring solutions to Africa’s diverse complex problems and predicaments. This book dissects and critically examines the matrix of Africa’s multifaceted problems on governance, democracy and development in an attempt to proffer enduring solutions to the continent’s long-standing political and socio-economic dilemmas and setbacks.




Human Rights in Africa


Book Description

An interpretative history of human rights in Africa, exploring indigenous rights traditions, anti-slavery, anti-colonialism, post-colonial violations and pro-democracy movements.




The Palgrave Handbook of Democracy, Governance and Justice in Africa


Book Description

There is an emerging consensus that what is projected as democratic governance and justice in Africa requires a re-calibration, in particular, in relation to the constitutive demos, human rights, the realisation of commitments at various governance levels and the convergence between these ideations. The post-colonial narrative on democracy has unveiled some crevices in rule of law, political equality, political participation, political culture and freedom of the press. Aside from the fact that these notions are threatened by some existing institutional structures, these notions are increasingly being negotiated across political spaces. Evident in the prevalent narrative is an imperative for Africa to assert its place on the global scene of democratic governance and justice. However, if this will be accomplished, it is important to understand some of the issues that need to be worked through in this transition.




Implementing Business and Human Rights Norms in Africa: Law and Policy Interventions


Book Description

This book examines the contemporary and contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in developing countries, with particular reference to Kenya, Nigeria, and South Africa. Business enterprises and transnational corporate actors operate in a complex global environment, especially when operating in high risks sectors such as oil and gas, mining, construction, banking, and health care amongst others. Understanding human rights responsibilities, impacts, and socially responsible behaviour for companies is therefore an essential component of corporate risk management in our current world. The release of the United Nations Guiding Principles on Business and Human Rights, an instrument consisting of 31 principles on this issue, has further underscored the emergence of a rapidly developing set of international law norms on human rights responsibilities of businesses and transnational corporations. It has also shaped the discourse on corporate accountability for human rights. In addition to minimizing litigation, financial and reputational risks, understanding and demonstrating corporate respect for human rights is vital to building a culture of trust and integrity amongst local communities, investors, and shareholders. While Africa has been at the receiving end of deleterious activities of corporate actors, it has failed to address corporate impunity and human rights violations by non-state actors. Questions abound revolving around the underpinnings of a corporate responsibility to respect human rights, that is, how non-western and particularly African conceptions of respect may help develop a beyond do no net harm approach to respect; policy discourses on human rights due diligence, human rights impact assessment; mandating corporate respect for human rights in both domestic and international law. This book examines, clarifies, and unpacks the guiding principles of a rights-based approach to development and social inclusion. It offers an excellent exposition of regulatory capacity, institutional efficacy, and democratic legitimacy of governance institutions that shape development including a comprehensive analysis of how states are shaping business and human rights discourses locally to develop a critical understanding of identified issues by exploring the latest theories through comparative lenses.




African Reckoning


Book Description

This book investigates how changing norms of sovereignty may promote better governance in Africa. It begins by tracing the evolution of the concept of sovereignty and how, in the post-Cold War era, sovereignty has been redefined to emphasize the responsibility of the state to manage conflict and protect human rights. African Reckoning includes assessments of how state actors in Africa measure up to the norms inherent in the notion of sovereignty as responsibility. The book also examines the question of accountability at the regional and international levels. The authors conclude that since the power of oppressed people to hold their governments accountable is very limited, the international community has a responsibility to provide victims of internal conflict and gross violations of human rights with essential protection and assistance. Accordingly, the book expounds on the normative principles of responsible sovereignty, international mechanisms and strategies for their enforcement, and empirical evidence about the performance of governments as measured by the requirements of responsible sovereignty. Contributors include Richard Falk, Abdullahi Ahmed An-Na'im, James Rosenau, Goran Hyden, Michael Chege, and John D. Steinbruner.