The protection of human rights in Africa

Human rights are rights which a person has or should have by virtue of his being a human being. This implies that a state should allow a certain measure of individual liberty- Although the idea of human rights has become accepted in the international community, the observance of human rights varies from place to place. On the attainment of independence most of the African states adopted constitutions enshrining bills of rights justiciable by the courts. Despite these bills of rights, many of the African states have been guilty of gross and systematic violation of human rights. This can be ascribed to social economic and political factors. These largely stem from the colonial background from which these states emerged. Colonial rule was extremely authoritarian and did not provide encouragement for the protection of human rights. This tradition was extended to the post-independence era. Although the independence constitutions provided far the protection of human rights, these constitutions were largely imposed on the independent states and consequently lacked legitimacy. The Organization of African Unity initially did not have the protection of human rights as one of its major objects largely because of the prevailing political circumstances at the time of its establishment. When member states violated human rights the OAU raised the defence of non-interference in the domestic affairs of a sovereign state. In this way African states applied double standards when it comes to the violation of human rights especially because they were critical of the racist policies of the South African government. The adoption of the Charter of Human and Peoples' Rights in 1981 by the OAU has provided a regional mechanism for the promotion of human rights in Africa. Despite its limitations this charter will contribute towards the observance of human rights in Africa. Moreover, it implies an end to the non-interference defence. The African experience provides a significant lesson for the bill-of-rights debate in South Africa.

Author dc:creator

• Dlamini, Charles Robinson Mandlenkosi

Advisor dc:contributor.advisor

• Mchunu, E.S.

• Human rights--South Africa.

Licence

• https://devspace.unizulu.ac.za/bitstreams/7fa1bc24-eff4-4208-90bb-a95c9102985e/download