The Right to Development in the African Human Rights System

Description

The right to development (RTD) seeks to address global inequities hidden in world politics and global institutions through the game of influences played by powerful actors. The negative impacts of the Atlantic slave trade, colonialism, and the subjugation of Africa through globalisation and its institutions are key factors that have caused Africa and African people claiming their RTD. This book examines how the African continent protects the right to development, examining the nature of the RTD and controversies surrounding it and how it is implemented. The book then goes onto explore the RTD at the regional level including through the jurisprudence of the African Commission and the African Court on Human Rights, at the sub-regional level including in sub-regional courts and tribunals, at the national levels through case studies and through the African Union governance institutions. Through this examination, the author unveils what are the prospects and challenges to the realisation of the RTD in Africa. Cover Title Copyright Contents 1. Introduction 1.1. Introduction and overview 1.2. The right to development: historical background 1.2.1. The slave trade 1.2.2. Colonialism 1.2.3. Subjugation of Africa in post-colonial time 1.3. The right to development: theoretical foundations 1.4. Scope of the book 1.5. Concluding remarks 2. Unpacking the right to development 2.1. Introduction 2.2. The content of the right to development 2.2.1. The right to development as a non-negotiable right 2.2.2. The right to partaking is central to the right to development 2.2.3. The right to development as a combined human right 2.2.4. The right to self-determination: an essential element of the right to development 2.3. The right to development: a contentious human right 2.3.1. The controversy in academic arenas 2.3.2. Controversy at the UN 2.4. The legal force of the right to development 2.5. Concluding remarks 3. The implementation of the right to development 3.1. Introduction 3.2. The duty bearers of the right to development 3.2.1. The state and the implementation of the right to development 3.2.2. The international community and the realisation of the right to development 3.3. The right-holders of the right to development 3.3.1. Individuals as beneficiaries of the right to development 3.3.2. Peoples as beneficiaries of the right to development 3.3.3. The state as the beneficiary of the right to development 3.4. Concluding remarks 4. The right to development in the African human rights architecture: its reception at the regional, sub-regional and national levels 4.1. Introduction 4.2. Normative protection of the right to development at the regional level 4.2.1. The right to development in the African Charter on Human and Peoples’ Rights 4.2.2. The right to development in the Protocol to the ACHPR on the Rights of Women in Africa 4.2.3. The right to development in the African Charter on the rights and welfare of the child 4.3. The right to development in the African sub-regional instruments 4.3.1. Background of regional integration 4.3.2. Regional Economic Communities, human rights and the right to development 4.4. The right to development in selected national laws 4.4.1. Rationale to examine the reception of the right to development at the national level 4.4.2. Cameroon 4.4.3. Uganda 4.4.4. Malawi 4.4.5. Ethiopia 4.4.6. South Africa 4.5. Concluding remarks 5. The African Commission, the African Court on Human Rights and the realisation of the right to development 5.1. Introduction 5.2. The African Commission and the realisation of the right to development 5.2.1. The protective mandate of the African Commission and the right to development 5.2.2. Promotional mandate and the right to development 5.3. The African Court on Human Rights and the right to development 5.3.1. The African Court on Human Rights: an overview of its establishment 5.3.2. The African Court on Human Rights, its mandate and the right to development 5.3.3. The significance of the Ogiek case 5.4. Concluding remarks 6. The African Union governance institutions and the right to development 6.1. Introduction 6.2. The African Union Assembly and the realisation of the right to development 6.3. The AU Executive Council and the realisation of the right to development 6.4. The Permanent Representatives Committee and the realisation of the right to development 6.5. The Peace and Security Council and the realisation of the right to development 6.6. The Pan-African Parliament and the realisation of the right to development 6.7. NEPAD, APRM and the realisation of the right to development 6.7.1. NEPAD and the right to development 6.7.2. The APRM and the right to development 6.8. Concluding remarks 7. The way forward for the realisation of the right to development in Africa 7.1. Introduction 7.2. Closing remarks 7.3. Towards an Africa where the right to development is a reality 7.3.1. At the regional level 7.3.2. At the sub-regional level 7.3.3. At the national level 7.3.4. The political organs of the AU 7.4. What will it take for these prescriptions to become realities? 7.4.1. The role of intellectuals 7.4.2. The role of African governments 7.4.3. The role of civil society Selected bibliography Index