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Human rights and development: an African perspective

Published online by Cambridge University Press:  21 July 2009

Costa R. Mahalu
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Extract

In this article the author elaborates upon the close relationship between the concepts of human rights and development, examined in relation to African legal practice. Development is considered as a comprehensive legal, economic, social, and cultural concept. According to the author the right to development may be claimed by individuals and peoples of developing nations. In this respect the African situation is carefully analyzed by the author. The African Charter for Human and Peoples Rights, which came into force in October, 1986, may be considered a first regional effort to promote human rights and development. So far, the Charter has already been ratified by 30 African States.

Type
Leading Articles
Information
Leiden Journal of International Law , Volume 1 , Issue 1 , May 1988 , pp. 15 - 24
Copyright
Copyright © Foundation of the Leiden Journal of International Law 1988

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References

1. As far as the peoples are concerned this has been established in terms of the gaining of political independence through the “Declaration on the Granting of Independence to Colonial Countries and Peoples”, UNGA Res. 1514 (XV) of December 14,1960. As far as the Consolidation of the right to self determination is concerned see Arts. 1 of the International Covenants.

2. For further reading on this see Ramcharan, B.G. (ed.) The Right to Life in International Law (1985).Google Scholar

3. See Art. 55a of the United Nations Charter.

4. World Bank, Development Report (1987). Table 1: Basic Indicators, at 202–203.

5. Id.

6. Marks, , Principles and Norms of Human Rights in Emergency Situations: Underdevelopment, Catastrophes and Armed Conflicts, in Karel Vasak, The International Dimension of Human Rights 175.Google Scholar

7. See UN Doc. E/CN4/1984/13 of 14 november 1983, Report of the Working Group of Governmental Experts on the Right to Development, para. 9.

8. See Parts I-Dl of the International Covenant on Economic, Social and Cultural Rights.

9. See Marks, , The Peace-Human Rights Development Dialectics, Bulletin of Peace Research 339–347 (1980).Google Scholar

11. M'Baye, , supra, at 528–530.Google Scholar

12. See UN Commission on Human Rights. Resolution 5 (XXXV) and UNGA Res. 34/46/1979.

13. See the UN General Assembly “Declaration on the Right to Development”, UNGA Res. ???, Art. 1.

14. Id.

15. World Bank, supra, note 4, at 202–203.

16. Mahalu, ,Africa and Human Rights, in Kunig, Benedek, Mahalu, Regional Projection of Human Rights by International Law: The Emerging African System 3 (1985).Google Scholar

17. Adgebite, ,African Attitude to International Protection of Human Rights in Eide, International Protection of Human Rights 8 (1986).Google Scholar

18. Weinstein, , Human Rights in Africa: A Long Awaited Voice, 78 Current History 97 (1981).Google Scholar

19. Mahalu, , supra, note 17, at 18–21.Google Scholar

20. See Art. 20 of the African Charter on Human and People's Rights.

21. Id, Art. 20(3).

22. Couten, , Human Rights Teaching in Africa, the Socio-Economic and Cultural Context, 14 Bulletin of Peace Proposals (Special Issue Research and Teaching of Human Rights) 6 (1983).Google Scholar