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Africa: Democracy without Human Rights?

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Abstract

Dans le contexte culturel et politique Africain actuel, le respect des droits de l'homme ne resulte pas necesairement du processus democratique. La democratie et le pluralisme politique ne constituent pas une garantie suffisante. Certains enjeux des droits de l'homme sont directement lies au developpement des droits civiques, politiques et socioeconomiques au sein de l'integration regionale

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... The right of thought, opinion and expression plays a very important role among the various provisions in international human rights law. Not only is it necessary for its own sake but its role in the realization of related human rights, performance of civil duties and for the socioeconomic development of the state (Aidoo, 1993). It is difficult to imagine a functional democracy without the right to freedom of thought, opinion and expression. ...
... Human rights serve as a basis for a free and democratic society. It is hard to envision the realization of democratic principles such as accountability and transparency without the protection of human rights, especially the right to freedom of thought, opinion and expression (Aidoo, 1993). Hence the curtailment of the right in Ethiopia is most likely to negatively affect democratic development in the African country. ...
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Since the enactment of Ethiopia’s Proclamation on Anti-Terrorism in August 2009, at least11 journalists have been convicted, each sentenced to at least 10 years imprisonment. There are concerns that the proclamation limits the right to freedom of thought, opinion and expression, provided for in Ethiopia’s Constitution. Through the lens of the right to freedom of thought, opinion and expression, the paper argues that Ethiopia’s Anti-Terrorism Proclamation violates the human rights of people within its jurisdiction. It finds that there is a real potential for the state to crack down on political dissent in governance and curtail the growth of democracy in Ethiopia.
... The result of this is that public institutions are ill equipped to promote democratic values like social equity, responsiveness, and accountability in public affairs (Heller, 2001;Onyango, 2023b;Tsheola, 2014). Or, more specifically, as Akwasi Aidoo (1993) noted decades ago and further reflected in other case studies recently (Tsheola, 2014, in South Africa;Ayisi et al., 2022, in Ghana), could African countries be democratizing without human rights? And could the lack of a clear agenda for making state administrative systems more | 3 ONYANGO DHR-sensitive have something to do with this? ...
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While public administration research has traditionally paid profound attention to democratic values in government‐citizen relations, public institutions are still wrestling with entrenching human rights norms today. This article's Democracy and Human Rights in Public Administration (DHR‐PA) perspective offers a view that a human rights‐anchored reforms agenda may assist with setting the much‐needed tone for realizing democratic norms in African administrative contexts where society is still dealing with extreme forms of human rights abuses. It operationalizes institutional nuances and qualities of democratic and human rights values using Afrobarometer's Round 9 dataset for Namibia, Kenya, and Nigeria. Results show that human rights proclivities of African public administration remain subtle and nebulous despite more targeted DHR‐PA reforms and the creation of institutions like human rights commissions and administrative justice agencies. Overall, for democracy to work, African public administration must acquire and entrench human rights norms and values in its engagements with citizens. Related Articles Kahn‐Nisser, Sara. 2018. “Constructive Criticism: Shaming, Incentives, and Human Rights Reforms.” Politics & Policy 46(1): 58–83. https://doi.org/10.1111/polp.12240 . Zavala de Alba, Luis Eduardo. 2012. “Toward an International Implementation of Public Policies in Human Rights: A Necessary Step in Every Democratization Process for Advancements in Economic and Social Rights.” Politics & Policy 40(5): 783–801. https://doi.org/10.1111/j.1747‐1346.2012.00385.x . Nchofoung, Tii, Simplice Asongu, Vanessa Tchamyou, and Ofeh Edoh. 2022. “Gender, Political Inclusion, and Democracy in Africa: Some Empirical Evidence.” Politics & Policy 51(1): 137–55. https://doi.org/10.1111/polp.12505 .
... Since World War II, gross human rights violations have been typically attributed to dictatorships or autocratic regimes. However, democracies are not excluded from this problem (Aidoo, 1993;Davenport & Armstrong II, 2004;Yu, 2016). A particular example is the case of forced disappearances -the disappearance of a person committed by an agent of the State. ...
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Wicked problem literature is increasingly popular, but empirical studies about its relation to public policy are scarce. Additionally, there is no consensus on the convenience of Public Administration as policy makers addressing wicked problems by artificially defining and structuring them. The purpose of the paper is to address these gaps, specifically how, in practice, governments handle wicked problems. Two possible alternatives are discussed: either policy makers are rational, or rather they use heuristics for problem definition. The research focuses on problem definition as part of the policy process. In particular, how the definition of the particular wicked problematic situation was reflected in legislation: disappearances in Mexico. The case shows that forced disappearances is an heterogeneous phenomenon that can be considered a wicked problem, which further increases the complexity of policies that aim to tackle it. Also, results of applying congruence tests show that policy-makers structure wicked problems when defining them, but after a certain amount of energy has been spent on this task, policy makers employ heuristic devices. This contributes to understand how flesh and bone decision-makers build public policies.
... Nonetheless, some scholars have noted that children's rights remain alien to traditional Africa (Howard 1984;Adu-Gyamfi & Keating 2013;Donnelly 2013). Scholars have argued that the human rights discourse and literature have not taken into account "Africanness" and have failed to recognize the validity of the jurisprudence of traditional African systems (Aidoo 1993;Lloyd 2002), which also recognizes and respects a number of children's rights (Memzur 2008). Examples of such systems that denote children's rights include the widely spread notion of obuntu in Eastern Africa, or ubuntu in Southern Africa, which emphasizes that childrearing is a collective community responsibility; the child welfare committees and child panels in Sierra Leone that resolve matters of child abuse; and family group conferences, victim-offender mediation, the village child justice committees, and open village healing forums as forms of restorative justice in child justice system in Sub-Saharan Africa (Prinsloo 1998;Nussbaum 2003;Shamala 2008;International NGO Council on Violence Against Children 2013;Foley 2014;Mulaudzi and Peu 2014;Nomdo 2014;Skelton 2016). ...
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The study undertook a situational analysis of child rights and protection in Uganda. A qualitative study, incorporating 10 focus group discussions (FGDs; N=113) and 20 individual interviews was undertaken in Kampala, Uganda. Emerging themes were grouped into family and community-level factors; legal framework, structure and continuum of services, and human and financial resources. Violation of the child rights was characterised by physical, emotional, and sexual abuse and exploitation; child neglect, homeless, and child labour; dysfunctional families and abject poverty; poor accommodation conditions; school drop-out due to economic hardship; early pregnancy, and social exclusion. Legal and regulatory factors included traditional harmful practices including child sacrifice and witchcraft practices, forced marriage; and the perceived lack of the government’s commitment to child protection. Without a strong legislation that protects children against abuse, promotes confidential reporting systems, and tackles domestic violence, children will still remain prone to various forms of abuses and exploitation. http://www.tandfonline.com/eprint/KXvFp97vRSnrxdIh8rnp/full
... 2. CHILDREN'S RIGHTS: THE AFRICAN REGIONAL AGENDA Children's rights (and human rights in general) have often been quoted as alien to traditional Africa (see Howard, 1984 andDonnelly, 1989). Aidoo (1993) attributes the absence of 'Africanness' in human rights discourse to the scanty research in the area of African human rights. This may be so, as many scholars and commentators refuse to accept the validity of jurisprudence of traditional African systems (Lloyd, 2002). ...
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There have been many praises as well as criticisms against both the on the rights of the child child. However, many writers are of the view that the African charter unnecessary duplication of the convention. differences and similarities between the UN convention on the rights of the child, and the African children's charter. The right treaties internationally and on the African continent, and argues that the adoption of the African call for regional arrangements for the protection therefore not an unnecessary duplication of the UN convention 1. BACKGROUND: INTERNATIONAL CHILDREN'S RIGHTS In 1924 the League of Nations (now United Nations) endorsed the first the Rights of the Child, (also known as the Geneva Declaration) with claims to save and protect the 'delinquent and the waif' (Jones, 2005). The document is regarded as th instrument that deals specifically with children's in need of protection, rather than individuals with personal rights (Gal, 2006). For example, the fourth principle of the Geneva Declarat every form of exploitation. Over the years concern for children extended beyond their protection to offering them the benefit of improved education, health and nutrition due to the recognition that in children would be good for everybody through increased productivity (Jones, 2005). Consequently, the Declaration of the Rights of the Child (1959) Declaration was more detailed and regarded children as subjects to their own 2006). However, Freeman (1983) has described the document as vague, since it is unclear who is obligated under the declaration to provide the rights enumerated in it. Gal (2006) has also criticised both the 1924 and 1959 Declarations as enforcement or follow-up mechanism. There have been many praises as well as criticisms against both the UN on the rights of the child and the African charter on the rights and welfare of the many writers are of the view that the African charter unnecessary duplication of the convention. This paper outlines some of the differences and similarities between the UN convention on the rights of the child, and the African children's charter. The paper traces the development of children's eaties internationally and on the African continent, and argues that the African children's charter is in tandem with the United call for regional arrangements for the protection and promotion of human rights cessary duplication of the UN convention.
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