John C. Mubangizi

The Constitutional Protection of Socio-Economic Rights in Selected African Countries: A Comparative Evaluation

This article evaluates the extent to which a few selected African countries have incorporated socio-economic rights in their constitutions, the mechanisms through which such rights are realised, the challenges such realisation entails and the approach taken by the courts and other human rights institutions in those countries towards the realisation and enforcement of those rights. The survey examines South Africa, Namibia, Uganda and Ghana. Apart from the logical geographical spread, all these countries enacted their present constitutions around the same time (1990 to 1996) in an attempt to transform themselves into democratic societies. In a sense, these countries can be seen as transitional societies, emerging as they have done, from long periods of apartheid and foreign domination or autocratic dictatorships. The latter is true for Uganda and Ghana while the former refers to South Africa and Namibia. The article concludes that South Africa has not only made the most advanced constitutional provision for socio-economic rights, it has also taken the lead in the judicial enforcement of such rights, an experience from which the other countries in the survey can learn.

Poverty, human rights law and socio-economic realities in South Africa†

South Africa is a nation of immense variety. It has rich cultural diversity, an enviable climate and an abundance of natural resources. However, it is also a nation with vast economic disparities and a highly unequal distribution of income. Hence, in spite of abundant resources and a seemingly vibrant economy, South Africa still faces an enormous poverty problem that is fundamentally no different from that of other African countries. As in many other African countries this problem of poverty is compounded by the HIV/AIDS pandemic; by high levels of unemployment; by low levels of education; and by a number of other factors. Today, South Africa has one of the best constitutions in the world and a Bill of Rights that contains an array of justiciable socio-economic rights. The South African government has also attempted to alleviate poverty and mitigate its effects through progressively developing and expanding a social welfare system and other programmes such as the Reconstruction and Development Programme (RDP) and the Growth, Employment and Redistribution (GEAR) strategy. The purpose of this article is to analyse the role of human rights (specifically the Bill of Rights in the Constitution) and government efforts to alleviate poverty (through certain programmes and service delivery) in the face of adverse socio-economic realities in South Africa. † The research findings discussed in this article are part of a larger research project, funded by the South African National Research Foundation (NRF). The aim of the project was to determine the level of public awareness and perceptions regarding human rights protection in South Africa. An earlier version of this article was presented as a paper at the Law and Poverty Workshop organised by the Comparative Research Programme on Poverty (CROP) and the Social Science Academy of Nigeria, held in Abuja, Nigeria, 24–26 November 2003.

Protecting Human Rights amidst Poverty and Inequality: The South African Post-apartheid Experience on the Right of Access to Housing

A significant gain of the new political and constitutional dispensation ushered in South Africa in 1994 was a commitment to the protection of human rights. However, protecting human rights in a country where the gap between the rich and the poor is among the largest in the world was always going to be a daunting challenge. The challenge is even more daunting with the protection of socio-economic rights such as the right of access to adequate housing. This article explores the challenges that South Africa faces in protecting human rights in the face of persistent poverty of over half of the countrys population, vast economic disparities and gross inequality. Focusing on the right of access to adequate housing, the author explores some prospects arising from the roles played by the constitution; domestic courts; other state institutions as well as non-state actors. The article concludes that although the challenges are real, the prospects are promising. However, a lot must be done if the democratic miracle that has characterized South African society over the last fifteen years is to be maintained.

African Indigenous Knowledge Systems and Human Rights: Implications for Higher Education, Based on the South African Experience

ABSTRACT Africa has rich traditions and knowledge systems founded on the principles of caring for one another and the spirit of mutual support embedded in the African philosophy of Ubuntu. These collective values tend to be marginalised in international human rights standards built on western values. The standards were developed without broad-based consultation of the different value systems in Africa. Therefore, in order to inspire sustainable implementation among diverse cultures, dialogue to develop universal human rights and obligations based on the diversity of cultures and ways of knowing is needed. Using South Africas experience at two universities, the extent to which these institutions have attempted to incorporate African indigenous knowledge systems (AIKS) and human rights into the higher education curriculum is investigated. The implications for higher education and the human rights and development paradigms built on western knowledge systems are investigated. North-West University has been the pioneer of integrating AIKS into higher education in South Africa and is the only higher education institution in South Africa with an accredited IKS Teaching Programme at both undergraduate and postgraduate levels – which has been notably successful, albeit with some challenges. AIKS has also been integrated into research and teaching at the University of KwaZulu-Natal and has registered significant successes since 2012. The need to embed AIKS in the curriculum of higher education institutions is affirmed.

The Protection of Human Rights in Uganda: Public Awareness and Perceptions

This article analyzes the results of a research study in Uganda aimed at determining the level of public awareness and the perceptions regarding the protection and enjoyment of such rights. The survey sought information on public knowledge or awareness of the bill of rights, violation or protection of various types of rights, and awareness and perceptions regarding human rights institutions. It was found that although human rights violations still abound in Uganda, there is a high level of public awareness of the Constitution and the human rights it contains, that human rights violations take place more in the rural areas than in urban areas and that Ugandans blame the government for most of these human rights violations. The article concludes that there are still several challenges facing the promotion and protection of human rights in Uganda and that any attempts to address these challenges must take advantage of the opportunities offered by the constitutional framework.

Professional bodies and quality assurance of higher education programmes in South Africa : towards an appropriate framework

Collaboration between universities and professional bodies is neither new nor unique to South Africa. It occurs in many higher education systems and revolves around the role that professional bodies play in the quality assurance and accreditation of the relevant higher education programmes. In South Africa, this relationship has become increasingly problematic over the recent past due to a number of factors. This article begins by exploring those factors before highlighting the legal framework governing the role of professional bodies in University programmes. A critique of the said role is then undertaken against the backdrop of views and opinions from academics involved in professional programmes in some South African universities, including the thorny issue of who should meet the costs of accreditation. The article concludes with suggestions on the principles that should underpin a revised framework, under the custodianship of the Council on Higher Education, to govern the relationship between universities and professional bodies.

Building a South African Human Rights Culture in the Face of Cultural Diversity: Context and Conflict

AbstractSouth Africa has faced enormous challenges since the advent of democracy in 1994. One of the difficulties in the post-apartheid era has been the building of a human rights culture in the context of substantial cultural diversity. In this paper, the constitutional, judicial and institutional contexts - which have consolidated and supported the expression of human rights in the face of cultural diversity - are reviewed. The focus on cultural rights in the constitution is discussed, and the relevance of several constitutional institutions in terms of ensuring human rights, is mentioned. With a clear understanding of the constitutional, judicial and institutional contexts in place, the paper discusses the potentially inherent conflict between human rights and cultural rights, using gender-related issues as a proxy. Several examples of this potential conflict are discussed, including female circumcision, virginity testing and polygamy. The importance of human rights education for informing the debate about cultural and human rights in South Africa is emphasized. The answers to the challenges associated with the clash between cultural rights and human rights are not simple, although pragmatically - in addition to the role of the available constitutional, judicial and institutional structures - they could reside in a cross-cultural debate.

A Human Rights-based Approach to Combating Public Procurement Corruption in Africa

Corruption is a threat to human rights as it erodes accountability and violates many international human rights conventions. It also undermines basic principles and values like equality, non-discrimination, human dignity, and social justice – especially in African countries where democratic systems and institutional arrangements are less developed than in most European, Asian and American countries. Corruption occurs in both the public and private sectors and affects human rights by deteriorating institutions and diminishing public trust in government. Corruption impairs the ability of governments to fulfil their obligations and ensure accountability in the implementation and protection of human rights – particularly socio-economic rights pertinent to the delivery of economic and social services. This is because corruption diverts funds into private pockets – impeding delivery of services, and thereby perpetuating inequality, injustice and unfairness. This considered, the focus of this paper is on public procurement corruption. It is argued that by applying a human rights-based approach to combating public procurement corruption, the violation of human rights – particularly socio-economic rights – can be significantly reduced. Through a human rights-based approach, ordinary people can be empowered to demand transparency, accountability and responsibility from elected representatives and public officials – particularly those involved in public procurement. In the paper, reference is made to selected aspects of the national legal frameworks of five African countries: South Africa, Uganda, Kenya, Nigeria and Botswana.

An African Perspective on Some Gender-Related Cultural Practices that Violate Human Rights and Perpetuate Women’s Poverty

Abstract The interplay between culture, human rights and women’s poverty in Africa and the link between gender-related cultural practices and women’s poverty, are discussed. The practices are linked to the unequal position of women in society, and limit/prohibit their access to property ownership, formal employment, and education. This paper reviews cultural practices and traditions in Africa – polygamy, payment of bride price, female genital mutilation (FGM), marriage by abduction, inheritance, and primogeniture. The role of governments and civil society in human rights education, public awareness campaigns and community mobilisation – in attempting to address, minimise or eradicate gender-related cultural practices that perpetuate women’s poverty, is also examined. There are two schools of thought: efforts to end cultural and traditional practices harmful to women must involve and address men, and there should be systematic encouragement and support of collective action among women. Women’s voices must be heard and useful cultural practices that traditionally protected women and girls should be considered in designing programmes to address gender inequality and to reduce women’s poverty in Africa.

A Human Rights-based Approach to Development in Africa: Opportunities and Challenges

Abstract There is an undisputed and critical link between human rights and development, which is recognised by various international human rights instruments. After defining the concepts ‘human rights’ and ‘development’ - based on the views of a variety of bodies, institutions and human rights instruments - and discussing their interplay and relationship, this paper explores and acknowledges the level and extent of current practices of integrating human rights and development in Africa. It pays specific attention to the roles and dimensions of civil and political rights on the one hand, and socio-economic rights on the other, and how they impact on development in different, but important ways. Opportunities and prospects for promoting a human rights-based approach to development are discussed, with some mention of the role of the African Charter on Human and Peoples Rights, the African Commission on Human and Peoples’ Rights, and the African Court of Justice and Human Rights. However, particular and most attention is paid to the various strategies of the Unite Nations Millennium Development Goals (MDGs). Challenges such as poverty, poor governance, lack of democracy, conflict, health, and unpalatable cultural practices prevailing in Africa, are discussed. This considered, and given the backdrop of Africa’s varied and substantial political and socio-economic challenges, it is argued that adopting a human rights-based approach to development in Africa is imperative and critical.