Human rights in Africa : prospects for the realisation of the right to development under the New Partnership for Africa’s Development

Abstract

The point of departure of this dissertation is that notwithstanding the controversy about the right to development (RTD), the African human rights system expressly recognises it as a human right of a collective nature. The content of this right is a bundle of rights (civil and political as well as economic, social and cultural) which should be understood in their interdependency and interconnectedness. In addition, the RTD is a claim for a global justice characterized by a fair and equitable redistribution of the world’s resources. The purpose of this dissertation is to critically investigate the extent to which the RTD can be realised under the New Partnership for Africa’s Development (NEPAD). NEPAD is the economic and development arm of the African Union which is compelled by its human rights mandate to ‘promote and protect human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights including the RTD. The dissertation looks at how NEPAD could be used to realise the RTD in Africa. After clarifying the theoretical and contextual links between NEPAD and the RTD, explaining the concepts pertaining to RTD, its nature and after locating its existence in the African human rights system, the dissertation examines the prospects for the realisation of this right through NEPAD. In doing so, it analyses NEPAD from a human rights perspective. It then goes on to look at the extent to which NEPAD’s programmes on vulnerable groups and participation, are integrated into national development policies in Africa through case studies of Cameroon and South Africa. The dissertation also examines whether the new global partnership as prescribed by NEPAD is conducive to the realisation of the RTD. The basic conclusion is that although NEPAD’s plan to foster the provision of goods and services is not defined in terms of legal entitlements, with legal mechanisms to claim such entitlements, NEPAD’s objectives and purposes are to improve human welfare, which is also the objective of the RTD. However, to enhance the prospects for the achievement of the RTD in Africa, NEPAD should establish and strengthen mechanisms for a full domestication and ownership of its plans and standards in African states. It should also strengthen the African Peer Review Mechanism (APRM) institutions at both continental and national levels. Further, it should involve the African Commission on Human and Peoples’ Rights, which has expertise in human rights, in its APRM. At the global level, among others, NEPAD should not only strive to be economically self-reliant, but its member states should speak with ‘one voice’ and present the African Union/NEPAD’s position at international fora and consistently ensure that Africa’s development contracts and agreements are informed by international human rights standards.