Actualising the right to development in Africa : options and prospects

Abstract

This article aims to assess the possible options and prospects for actualising the right to development (RTD) in Africa. Mindful of the controversy surrounding the legal status of the RTD, the article starts by problematising this by concisely looking at its legal attribute, its socio-economic and political dimensions and the polemics of defining its nature and scope. It then proceeds to discuss the progress made towards recognising the RTD. After establishing that the RTD is broadly recognised at the global level and is a binding human right in the African human rights system, the article examines the options and prospects for its actualisation. We contend that progress in entrenchment constitutionalism and the effective involvement of the people in the constitutional building and legislative processes provide some scope for transforming the RTD from the realms of a rhetorical and abstract legal concept into a practical reality. The article concludes that to actualise the RTD in African states, there is a need to lay down a solid constitutional framework, to make people’s participation central to all development initiatives and to rely on international and regional cooperation.