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How
did the concept of African human rights evolve and materials
in their modern form. No doubt present were many exogenous circumstances
that lead to its unique conception. read
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This
part contains a full and comprehensive list of all human rights
standard-setting instruments from the United Nations, the European
Union, the Organisation of American States, the African Union,
and the League of Arab States. read
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The
21st century is heralding a new set of challenges and opportunities
for the overall human rights situation on the African continent.
On the one hand, a new African "Renaissance" has been
proclaimed in which peoples of the continent are called upon
to assume their rightful place in the community of nations and
to put their previous tragedies and turmoil behind them. On
the other hand, the frequency, magnitude, intensity, viciousness
and complexity in internal and regional conflicts, even in countries
which until recently appeared stable, is increasing and growing. |
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Inter-state
wars such as those in the Democratic Republic of Congo and between
Eritrea and Ethiopia do not bode well for the better observation
of and respect for the wide corpus of human rights. Explanations
for the morbid depths of the civil conflagration that engulfed
Sierra Leone will preoccupy political analysts of armed conflicts
for decades to come. Despite the growth of some democratic freedoms
in countries like Algeria and Nigeria, problems related to human
rights still exist. In brief, the human rights situation on
the African continent is in a state of considerable flux. |
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At
the same time Africa remains largely isolated from the various
developments of the 21st century: technological, economic and
informational. Various measures of economic and social reform
and adjustment have produced conditions that marginally improved
the overall situation. However, when discussing the issue of
human rights from a continental point of view, it is important
to think about the internal dynamics of individual countries
in various parts of the continent, which are crucial to the
understanding of the overall human rights context. Each of Africa’s
over fifty countries has distinct political economies and historic
backgrounds that have to be taken into account in any analysis
that seeks to draw broad conclusions of general conceptual veracity.
Thus, countries that enjoy stable political systems will differ
from those facing irredentist and secessionist movements. States
undergoing political transition will manifest distinct problems
from those engaged in internal armed conflicts. States struggling
against collapsed social and political systems are faced with
unique issues, for example Somalia. |
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Any
analysis of the contemporary situation of human rights on the
African continent must approach the issue with the backdrop
of a fairly broad socio-historical perspective. Such a perspective
is essential in understanding the transmutation of various forms
of social organisation and expression as a result of both indigenous
and external forces, also because history continues to exert
influence on present day activities. Pre-colonial historic forms
can be seen as much in the resilience of cultural norms that
govern domestic relations and the family as colonial forces
in contemporary political systems and economic relations. Almost
half a century after independence, many African countries still
utilize colonial laws governing political association, public
health, education and free expression. The consequence is that
their very claim to having made a difference in the human rights
reality of the people they govern is effectively negated. To
this day, laws still exist in African statute books outlawing
the defamation of a foreign "potentate," the barracking
of persons with contagious diseases, the establishment of civic
associations, and a host of penal sanctions that stem from the
Victorian era, and which clearly violate contemporary notions
of human rights. |
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The
colonial epoch in Africa represented the negation of all categories
of human rights from the basic right to self-determination to
the freedoms of expression and association. Colonialism was
mainly concerned with the amount of wealth that could be extracted
from the territories and people brought under its dominance
and influence, therefore, the system had little regard for rights
that would threaten or undermine its primary economic objectives.
This explains, on the one hand, why little resources were invested
to develop social services, and on the other, why expanded resources
were used on coercion (the police, the intelligence forces,
the armed forces and the prison service). |
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In
the field of human rights independent African states have performed
little better than their colonial predecessors. The first attempts
to tackle human rights issues was performed through the OAU.
The charter thus concentrated on the concept of pan-Africanism,
invoking therefore, the right to self determination and the
protection of the incipient and fragile foundations of states
that had only just regained their independence. Therefore, the
charter contained little reference to human rights and focused
inordinately on state sovereignty and its accompanying concordat
of non-interference in the internal affairs of states. |
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The
damage done to the concept of human rights guaranteed it remained
on the back burner of political debate and activity through
two bitter decades of African history. As a consequence, single
party states and military dictatorships assumed the dominant
forms of governance on the continent. Furthermore, due to the
Cold War stalemate between the United States and the Soviet
Union assaults on human rights were greatly tolerated. Essential
aspects of the right to development, health, education and safe
work conditions were also relegated to oblivion. It was against
this background that in 1981 the OAU promulgated the African
Charter which evolved to become the principal human rights
instrument on the continent. |
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For
further information and reference materials used in this part,
refer to Briefcase. |
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