Pretoria University Law Press (PULP)

PULP is an open-access publisher based at the Centre for Human Rights, University of Pretoria

An integrative rights-based approach to human development in Africa

An integrative rights-based approach to human development in Africa
by Dejo Olowu
2009
ISBN: 978-0-9814124-6-7
Pages: x 322
Print version: Available
Electronic version: Free PDF available

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About the publication

There is consensus amongst the various theories on the rights-based approach to development that the full realisation of human rights should be a vital goal of development efforts. The integrative rights-based approach to human development canvassed in this book perceives human rights as vital components of development programmes and policies that must necessarily be integrated in all processes designed to deliver the promises of development. This approach contemplates people-centred modalities for development in ways that emphasise equality and non-discrimination; accountability and transparency; and popular participation.

About the editor:

Dejo Olowu is Professor of Law, Human Rights Activist and Advocate for Social Justice.


Table of Contents

ACKNOWLEDGMENTS
ABBREVIATIONS
DEDICATION

INTRODUCTION
1 Introduction and overview
1.1 Some background discussions
1.2 Linking human rights to development discourses
1.3 Concepts and definitions

UNITED NATIONS AND REGIONAL IMPLEMENTATION FRAMEWORKS
1 Human development in a rights-based context
1.1 The United Nations system
1.1.1 The Covenant on Economic, Social and Cultural Rights
Normative content
Nature and scope of obligations created
Implementation mechanisms
States’ periodic reports
Concluding observations
General comments
In-situ visits
Individual complaints procedure
1.2 Other UN human rights mechanisms
1.2.1 Treaty bodies
1.2.2 Charter-based mechanisms
1.3 Relevant specialised agencies
2 The African regional human rights system
2.1 The African Charter
2.1.1 Normative content
2.1.2 Nature and scope of obligations created
2.1.3 Implementation mechanisms
States’ periodic reports
Individual complaints procedure
Promotional mandate
2.2 Other African regional human rights mechanisms
2.2.1 Applicable regional instruments
2.2.2 The emerging African Human Rights Court
3 Contextualising the rights-based discourse in Africa
4 Concluding remarks

ANALYSIS OF DOMESTIC IMPLEMENTATION FRAMEWORKS
1 Overview of the domestic effect of treaties
2 The promise of constitutionalism
3 Rights-based frameworks in African domestic legal systems
3.1 Bills of Rights
3.2 Fundamental objectives and directive principles
3.3 National legislation
4 Other national human rights implementation mechanisms
4.1 National human rights commissions
4.1.1 South Africa
4.1.2 Mauritania
4.1.3 Nigeria
4.1.4 Other African national human rights commissions
4.2 Ombudsmanship
5 Concluding remarks

COMPARATIVE JURISPRUDENCE
1 The implementation of economic, social and cultural rights: The justiciability question
2 Imperative of ESCR jurisprudence
3 ESCR jurisprudence in UN human rights treaty system
3.1 Committee on ESCR
3.2 Human Rights Committee
3.3 Other UN human rights treaty-monitoring bodies
4 ESCR jurisprudence in regional human rights systems
4.1 European regional human rights system
4.2 Inter-American regional human rights system
4.3 African regional human rights system
5 ESCR jurisprudence in national jurisdictions
5.1 Europe
5.1.1 Nordic countries
5.1.2 Hungary
5.1.3 Germany
5.2 Latin America
5.2.1 Argentina
5.2.2 Colombia
5.2.3 Venezuela
5.3 Asia-Pacific
5.3.1 India
5.3.2 The Philippines
5.3.3 Australia
5.4 Africa
5.4.1 South Africa
5.4.2 Nigeria
5.4.3 Other African countries
6 Implications for ESCR in Africa
7 Concluding remarks

REMEDIAL IMPLEMENTATION AND PROPOSAL FOR AN INTEGRATIVE APPROACH
1 Remedial implementation in human rights discourse
2 ESCR and the dilemma of implementation
2.1 Current approaches to standards of implementation
2.1.1 The ‘obligations’ approach, The ‘minimum threshold approach’, ‘Resource-based obligations’
2.1.2 The ‘violations’ approach
2.2 An African response to the dilemma
3 Paradigms of remedial implementation: Two case studies
3.1 India
3.2 South Africa
4 Proposal for an integrative approach
4.1 Performance evaluation
4.2 Basic ‘human’ needs
4.3 Administrative justice
5 Concluding remarks

ROLES AND RESPONSIBILITIES OF NON-STATE ACTORS
1 Sifting the matrix of non-state actors
2 Basis of the ESCR responsibilities of non-state actors
3 International financial and trade institutions
3.1 Bretton Woods Institutions
3.1.1 Structural adjustment programmes
3.1.2 Highly indebted poor countries (HIPC) initiative
3.1.3 Poverty reduction strategy papers
3.1.4 Infrastructural ‘development’ projects
3.2 The World Trade Organisation
4 Development agencies and aid donors
4.1 International development agencies and aid donors
4.2 African regional development agencies
5 ESCR in private sphere
5.1 Transnational corporations and multinational enterprises
5.1.1 Codification of responsibilities
5.2 Sundry actors
6 Civil society
7 Concluding remarks

A NEW DEAL FOR AFRICA
1 Final reflections
2 Looking towards the future
2.1 Governance in Africa
2.1.1 African regional arrangements
2.1.2 African national juridical bodies
2.1.3 International community
2.1.4 African civil society
Integrative human rights approach
Budgetary processes and popular participation
Monitoring, research and documentation
Multidimensional cutting-edge advocacy

BIBLIOGRAPHY


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