FREEDOM AND HUMAN RIGHT IN AFRICAN COUNTRIES

Abstract

The issues of human rights and freedom are topical in most sociopolitical discourse especially in the African continent given the plethora of cases of human rights abuse and unnecessary curtailment and most times outright denial of freedom to citizens. This constitutes a serious bane to the flowering of human potentialities and the general human well-being. This anomaly has however continued unabated despite the volumes that have been written on the subjects and seminars and conferences held on the same. This study, through the analytic and critical methods, argues that much may not be achieved until the philosophical foundation upon which these subjects rest is well articulated and appreciated. The study equally claims that one of the ways of enhancing the respect for human rights and freedom in Africa is to recognize the symbiotic relationship between the two subjects. The study finally argues that an integral view of human freedom/rights which recognizes not only freedom-from but also freedom-to and rights-to, is foundational for the promotion of human well-being.

CHAPTER ONE

INTRODUCTION

1.1 Background To The Study

The quest for freedom and human rights has been from antiquity and has continued to the contemporary times, taking different approaches and assuming various complexities and dynamisms. This quest is itself a product of man‟s unflinching penchant for idealities and promotion of human dignity and development even in the face of the most gruesome conditions of suppression and oppression. Thus, the history of freedom and human rights is the history of human struggles against oppression and other impediments to the realization of human developments.

In view of this, volumes on the history of this struggle and the best possible means of achieving, sustaining and promoting freedom and human rights have been written by scholars, social and legal icons, activists and nongovernmental organizations (NGOs). These volumes expectedly have expressed various nuances and dynamism to the idea of the twin concepts of freedom and human rights.

The relevance of these concepts to any legal system or justice system for the establishment of a social order requisite for human flourishing and development cannot be overemphasized thus the reason for the much attention they have received and will continue to receive. Herein lays the relevance of a philosophical contribution to and exposition on the concepts – freedom and human rights.

Nowadays, all African countries adhere to the view that respect for human rights within their societies is compulsory. Not only at the universal level, but also at the regional level they have all, one way or another manifested their support for the Universal Declaration of Human Rights (UNDHR), the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESR). They are now all parties to the African system of human rights which is built on the African Charter on Human and Peoples’ Rights (ACHPR). In addition to this, numerous pieces of human rights legislation have been passed into municipal law in all African countries. These legal instruments contain provisions that recognise and protect diverse fundamental human rights that continuously nourish and offer the hope that one day the people living on the African continent will experience a society in which their rights are fully respected and realised. On a rhetorical note, inasmuch as these legal provisions, coupled with the discourse of African government officials, reflect the profound aspirations of the African peoples, it is clear that respect for human rights constitutes one of the key values shared throughout the continent. For instance, in the ACHPR which is the main instrument of human rights in the region, one can find the following statement “freedom, equality, justice and dignity are essential objectives for the achievement of the legitimate aspirations of the African peoples”(ACHPR 1981, preamble., para. 3). The particular emphasis of the ACHPR on these four values that are the foundation of any system of human rights reveals that this latter category of rights represents the platform on which African poor and disadvantaged people intend to strive towards the achievement of their dream of a better and developed society. However, to provide for human rights is one thing, to observe and implement them is another one. One does not need much effort to notice that the situation of human rights in Africa is yet critical, with millions of people living in deplorable conditions as a result of the violation of some of their fundamental human rights. Lives, freedom, ability to feed one’s self and have a shelter are yet under threat in many African countries.

1.2 Statement Of The Problem

It has become clear that beyond the recognition and inclusion of human rights into a legal system, human rights will remain meaningless for African citizens if they are not translated into a living and tangible reality. As Maina rightly says, the promotion of human rights of the universal, regional and municipal levels has been taken up with ease, but their enforcement remains the hardest part of the puzzle to fix in place (Maina 2009: 351). What matters is whether strong institutions and suitable conditions exist to support the normative approach in the enforcement process.

In this respect, it has been contended that democratic regimes are more likely than authoritarian regimes to protect human rights, and that for this reason they contribute to the advancement of human rights (Erman 2005: 1-18; Bentham 1999: 89-148; Art 1991, 3-11; Howard and Donelly 1986, 8: 803-816). In fact, when one considers the topic addressed in this paper, it is clearly suggesting the idea that there is a relationship between democracy and human rights. For, how would something advance another one if there is no relationship between them? This is why as a point of departure for the discussion; it seems useful to point out the two assumptions upon which the research is based and which are going to be tested throughout the study.

The first assumption asserts that democratic culture and good governance, as derivations of democracy, are essential factors for the creation of conditions that advance human rights. In order to test the accuracy of this assumption, this study needs firstly to establish what the relationship between democracy and human rights is, secondly, explain how democratic culture and good governance result from democracy and thirdly, how they create necessary conditions for advancement of human rights.

The second assumption is that though undeniable progress has been made towards respect for human rights, democratic culture and good governance are yet in an embryonic stage in many African countries with the consequence that the current situation of human rights on the continent remains critical. As to this second assumption, the study sets out to demonstrate that there is much to achieve and that African governments, together with all their partners, must foster a culture of democracy and the practice of good governance within their societies. Since these are essential requirements for the long-term enjoyment of human rights, more efforts and commitment must be devoted in the coming decades of the 21rst century in order to respond efficiently to the challenges of the present.

To establish the accuracy or inaccuracy of assumptions contended here, it is the empirical method that will be systematically used in this paper. It will serve to identify facts that have to be confronted to confirm or deny assumptions advocated in this paper. But, in order to set the theoretical foundation of this study and before discussing challenges and perspectives addressed in this paper, it will be helpful to undertake some conceptual clarifications. On the one hand, it is relevant to have a clear idea on what is understood by “democracy”, “democratic culture”, “good governance” and “human rights” in order to establish their interactions.

As philosophical as possible, there is need to raise some fundamental questions about the ideas of freedom and human rights. Such questions are:

1. what is the meaning and nature of freedom?
2. Is freedom possible?
3. What are the possible obstacles to the realization of human freedom?
4. What is the meaning and nature of human rights?
5. Are humans entitled to rights?
6. Can human rights be inalienable and absolute?
7. What are the possible and actual obstacles to the realization and protection of human right ideals?
8. What is the relationship between freedom and human rights?

1.3 Objective Of The Study

The focus of this study is to examine freedom and human right in african countries. Specifically, this study aims :

1. meaning and nature of freedom,
2. obstacles to the realization of human freedom,
3. meaning and nature of human rights,
4. obstacle to the realization and protection of human rights,
5. relationship between freedom and human rights

1.4 Research Methodology 

We adopted a doctrinal research methodology for this research. The study therefore placed huge reliance on secondary source materials namely: case laws, textbooks, journal articles, conference papers, internet and other legal literature were utilized.

1.5 Scope and Limitation of Study

This study on freedom and human rights standards in Africa is not a general work on human rights. It strictly focuses on the subject matter of enforceability of human rights norms in environmental protection in Africa. This work therefore critically researches and evaluates environmental rights. It does not deal with the rights of everybody who finds oneself embroiled in the criminal justice system. Accordingly, the subjects of “accused person’s rights” and “protection of witnesses” are not part of this work. It does not also cover the work of private initiatives and contributions of non- governmental organizations. Another area that this work does not also cover is the human rights institutions such as the National Human Rights Commission and the oversight role of the National Assembly and States Assemblies. These areas need further research

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