Human Rights in Africa

This article discusses the challenges and violations of human rights in Africa, including the impact of colonialism, ethnic tensions, and weak state institutions. It explores the efforts to promote and safeguard human rights in the continent.

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HUMAN RIGHTS IN AFRICA
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Human Rights in Africa 2
Human Rights in Africa
In the recent years, as democracy has diffused across Africa, the crucial significance of
human rights for the continent’s long-term security plus development has been growing.
Currently, a growing number of African national plus intergovernmental organizations are now
taking up rights matters seriously1. For many years, African has been ranked by global human
rights organizations as a continent ion which human rights breaches are at its apex, particularly
in Islamic nations2. Following the Universal Declaration of Human Rights by the United Nations
(UN) General Assembly in 1948 towards promoting human rights of women via the international
law has not been attained. The paper will argue that despite the many efforts through laws and
other documents human rights violation is still high in Africa3.
The establishment of the African Human Rights Court was created to balance the African
Commission on Human and Peoples’ Rights that is an institution, which has practiced Africa’s
oversight role concerning human rights since its inception 19874. However, the court has not
bore any benefits towards promoting plus safeguarding human rights because of its
ineffectiveness. Therefore, human rights were a vital ground of the effort for self-government5.
The three global documents that led to a positive atmosphere for human rights include the
Charter of the UN that consigns six articles in promoting and encouraging respect for human
rights; the Universal Declaration of Human Rights that offers a powerful source of motivation
for the origin prototype of African countries; and the European Convention for the Protection of
Human Rights and Fundamental Freedoms that functioned in influencing human rights as
stipulated in the constitutions of many African countries like Nigeria. Yet African nationalists
1 R Murray. The role of national human rights institutions at theinternational and regional levels: The
experience of Africa. Oxford/ Portland, Oregon: Hart Publishing. (2007). 62.
2 J Isanga, “The Constitutive Act of the African Union, African Courts and the Protection of Human Rights:
New Dispensation?” (2013) 11 SCJIL 301.
3 J Isanga, “Foundations of Human Rights and Development: A Critique of African Human Rights
Instruments” (2013) 11(1) AMLR 123.
4 R Linder and MML Arthur. Teaching Progress: A Critique of the Grand Narrative of Human Rights as
Pedagogy for Marginalized Students. (2015). 103.
5 F Viljoen, International Human Rights Law in Africa (OUP 2012) 282.

Human Rights in Africa 3
employed a vital tool that was absent from the “Universal Declaration”, which is the right to self-
determination6.
The Organization of African Union (OAU) Charter acknowledged human rights lone in
the background of boosting unity in Africa, as well as made no talk about of human rights
separately from the fundamental rights of citizens to autonomy. The charter was mainly worried
about political accord, non-intrusion in the interior issues of other countries, as well as freedom
of African territories still under the rule of colonizers. Therefore, it is apparent that the
emphasize on state independence perpetually decreased human rights endeavours since there
was a clear antimony between boosting the guard of human rights and stressing the limited
sphere of control of every country7. Additionally, African socialism found a home in the OAU.
Although not all African nations were for the support of African socialism, it core principles
were apparently integrated in the OAU’s purposes and principles. The union’s pledge to human
rights has become weak plus vague. The African Charter that was created by the OAU was seen
as a ground-breaking human rights document as it departed from the constricted creations of
other local as well as collective human rights documents and tools. Possibly, the most severe
fault in the African Charter regards its “clawback” clauses. Several African leaders have felt that
they need to build up a system of human rights doctrines plus traditions that reflect traditions
plus values of African civilians other than replicating norms and doctrines accrued from the
historical encounters of the US and Europeans8.
Since state formation in Africa varied so noticeably from the European experience, the
Western liberal view of individual-state associations does not simply apply to the different states
in Africa. Today, only a few numbers of African states bear any territorial similarity to the
political societies, which existed before the European colonialism9. Thus, the resultant
disconnection between Africans and the contemporary African countries has created human
6 S Weldehaimanot, “Unlocking the African Court of Justice and Human Rights” (2009) 2(2) JAIL167.
7 R Linder and MML Arthur.
8 J Isanga,
9 M Baderin, “Recent Developments in the African Regional Human Rights System” (2005) 5(1) HRLR 117,
140.

Human Rights in Africa 4
rights crisis of social, political and cultural identity. According to Mutua10, the post-colonial
African countries have hugely failed to promote free, viable and prosperous democracies that
promote human rights. Additionally, many African leaders have depended on ethnic support to
attain and maintain power. This has made it hard for these leaders to promote human rights since
these has resulted in ethnic tensions that results in the breaches of human rights. Thus, the bias of
the UN in addition to modern states against autonomy movements through cultural minorities
looking for self-government from dominant ethnic power-holders have been detrimental to both
the stability of states, which has continued to undermine the statutes and institutions established
to promote human rights11.
However, the African state is weak, ineffective and often lacks the legitimacy. There
exist disconnectedness between the society and state, deteriorating of political plus legal dualism,
as well as internal associations between constituent aspects of state apparatus remains vague.
Consequently, militarism has been a tool has been used by leaders to attain certain political and
economic interests12. This has been a tool to undermine human rights as seen in the case of
Burundi and Rwanda. The state terrorism, which is directed haphazardly against political dissent
or opposition to the ruling class, has led to what may be called the continuing African holocaust.
Thus, militarism founded on ethnic conflicts has too played a role in African progress in the
promoting human rights13.
In conclusion, it is apparent that African states still struggles with human rights
challenges and violation of the fundamental documents that attempts to safeguard and promote
human rights. African’s recent narrative with stories of civil wars, famine, armed conflicts plus
human mayhem have made the continent to be perceived as the Dark Continent. The present
predicaments have been the origins of gross human rights breaches, as well as blatant disrespect
10 M Mutua. “Savages , Victims, and Saviours: The Metaphor of Human Rights”. 2001. 42(1). Harvard
International Law Journal. 27.
11 G Wachira and A Ayinla,”Twenty years of elusive enforcement of the recommendations of the African
Commission on Human and Peoples’ Rights: A possible remedy’” (2006) 6(1) AHRLJ 465.
12 B E Asare, “An Appraisal of Institutions of Global Governance: The Case of the African Human Rights
System” (2016) 9(1) JPAS 221.
13 M Baderin, “Law and Development in Africa: Towards a New Approach” (2011) 1(1) NIALS JLD 1.

Human Rights in Africa 5
for the life the citizens14. The theme of human rights should to safeguard these rights have been
given the greatest precedence, as well as spotlight by the intercontinental players in its
connections with African states towards promoting human rights. Consequently, African states
must inculcate a culture of peace, tolerance, as well as respect of human rights, to energetically
battle poverty, fanaticism, as well as illiteracy to endeavour to overpower the scourge of conflicts
and eliminate infringements of human rights. This will encourage and safeguard human rights in
Africa15.
14 R Murray and E Mottershaw, “Mechanisms for the Implementation of Decisions of the African
Commission on Human and Peoples Rights’” (2014) 36(2) HRQ 349.
15 C Mbazira, ‘Enforcing the Economic, Social and Cultural Rights in the African Charter on Human and
Peoples’ Rights: Twenty Years of Redundancy, Progression and Significant Strides’ (2006)6(1). AHRLJ 333, 342.

Human Rights in Africa 6
Bibliography
B E Asare, “An Appraisal of Institutions of Global Governance: The Case of the African Human
Rights System” (2016) 9(1) JPAS 221.
C Mbazira, ‘Enforcing the Economic, Social and Cultural Rights in the African Charter on
Human and Peoples’ Rights: Twenty Years of Redundancy, Progression and Significant
Strides’ (2006)6(1). AHRLJ 333, 342.
F Viljoen and L Louw, “State Compliance with the Recommendations of the African
Commission on Human and Peoples’ Rights” (2006) 101 AJIL 1l.
F Viljoen, International Human Rights Law in Africa (OUP 2012) 282.
G Wachira and A Ayinla,”Twenty years of elusive enforcement of the recommendations of the
African Commission on Human and Peoples’ Rights: A possible remedy’” (2006) 6(1)
AHRLJ 465.
J Isanga, “Foundations of Human Rights and Development: A Critique of African Human Rights
Instruments” (2013) 11(1) AMLR 123.
J Isanga, “The Constitutive Act of the African Union, African Courts and the Protection of
Human Rights: New Dispensation?” (2013) 11 SCJIL 301.
M Baderin, “Law and Development in Africa: Towards a New Approach” (2011) 1(1) NIALS
JLD 1.
M Baderin, “Recent Developments in the African Regional Human Rights System” (2005) 5(1)
HRLR 117, 140.
M Mutua. “Savages , Victims, and Saviours: The Metaphor of Human Rights”. 2001. 42(1).
Harvard International Law Journal. 27.
M Wrenn, “Immanent Critique, Enabling Myths, and the Neoliberal Narrative” (2015) RRPE 1,
2.

Human Rights in Africa 7
R Linder and MML Arthur. Teaching Progress: A Critique of the Grand Narrative of Human
Rights as Pedagogy for Marginalized Students. (2015). 103.
R Murray and E Mottershaw, “Mechanisms for the Implementation of Decisions of the African
Commission on Human and Peoples Rights’” (2014) 36(2) HRQ 349.
R Murray. The role of national human rights institutions at theinternational and regional levels:
The experience of Africa. Oxford/ Portland, Oregon: Hart Publishing. (2007). 62.
S Weldehaimanot, “Unlocking the African Court of Justice and Human Rights” (2009) 2(2)
JAIL167.