Towards a right-to-development governance in Africa

ABSTRACT

In this article, I provide the rationale for conceptualizing a rights-based development model for Africa, necessitated by the conviction to seek African solutions to African problems. For the first time since independence, Africa has formulated a consolidated roadmap for development named “Agenda 2063,” which looks promising and attainable but leaves unanswered questions relating to the right to development enshrined in the African Charter and ancillary treaty instruments. In retrospect, I illustrate how the right to development originated and has evolved in Africa, potentially setting the pace for development and human rights protection but has not yet recorded significant impact. I contend that Africa's development future is attainable only through a self-reliant consciousness, not by letting the development agenda be shaped by imported paradigms. I justify why and how this is achievable by advancing arguments in favor of right-to-development governance as a homegrown model for development in Africa.

Acknowledgments

I owe profound gratitude to Dr. Solomon Tekle and Dr. Wanki Justin as well as the anonymous reviewers for their valuable comments on previous drafts of this article.

Notes

1. UN Charter (United Nations 1945: art. 55); UDHR (United Nations 1948: arts. 22 & 25–28); ICESCR (United Nations 1966: art. 11[1]).

2. Declaration on the Right to Development. GA Res A/RES/41/128 1986, art. 3(3) (United Nations 1986).

3. African Union. (2007) preamble; United Nations (2007) arts. 21 & 23; ACHPR. (2004a) preamble & para. 1; ACHPR. (2004b) para. 6; ACHPR. (2003a) para. 3; NEPAD. (2001) para. 79; United Nations. (2000) paras. 11 & 24; United Nations. (2001) para. 78; ACHPR. (1999) para. 2; United Nations. (1992) principle 3; United Nations. (1993) paras. I(10) & 11; United Nations DRTD. (1986).

4. Constitution of the Republic of Malawi (1994: art. 30); Constitution of the Democratic Republic of Congo (2005: art. 58); Constitution of the Federal Democratic Republic of Ethiopia (1994: art. 43); Constitution of the Republic of Uganda (2006: objective 6 on Directive Principles); Cameroon's Constitution of 1972 with amendments through 2008, preamble, read together with art. 65.

5. ACHPR. (2009b) DRC case para. 95; ACHPR. (2009a) Endorois case.

6. OAU. (1981, June) African Charter on Human and Peoples' Rights preamble para. 4.

Additional information

Notes on contributors

Carol C. Ngang

Notes on contributor

Carol C. Ngang is an Academic Associate/Doctoral Researcher at the Department of Public Law, University of Pretoria.