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13 May 2021 | Story Dr Bright Nkrumah | Photo Supplied
Dr Bright Nkrumah, Free State Centre for Human Rights, University of the Free State (UFS)

The year 2021 marks the 58th anniversary of the establishment of the Organisation of African Union (OAU) on 25 May 1963. The month of May is therefore celebrated annually as Africa Month. This piece, in essence, is a craving to respond to an often-articulated question: is Africa Month a moment of celebration or introspection? The former would have been preferred had the various freedoms offered by the organisation been more realistic and dealt with the concrete challenges bedevilling the continent’s population. 

At the onset, it ought to be acknowledged that the organisation was not forged with the intent of improving the living conditions of its population but to safeguard the recently won independence and sovereignty of its member states. Against this backdrop, the notion of non-interference in the domestic affairs (Uti Possidetis Juris) of states became its guiding principle, thereby fostering a culture of silence on abuses perpetuate by African rulers against their citizens.  Having said that there were notable illustrations of leaders such as Julius Nyerere, Kenneth Kaunda, and Samora Machel, who individually and collectively ‘invoked the notion of humanitarian intervention’ and waged crusades to relieve Ugandans from the jaws of Idi Amin. 

Indeed, one of the significant achievements of the OAU during this era was the adoption of the African Charter on Human and Peoples’ Rights (Charter) in 1981. The instrument may be seen as a trumpeting of freedom, as it considers the rights and wellbeing of Africans sacrosanct and uncompromising. It is important and perhaps enthralling that all African states are parties to the Charter. While the large-scale ratification could enhance its moral force, it could also be used as a red herring to cover up various atrocities in hostile countries.

Where are we?

In 2002, African rulers meeting in Durban, South Africa, adopted the Constitutive Act, transforming the OAU into the African Union (AU). The new Act perhaps seems to be breathing fresh air into Africa’s rights struggle. In stark contrast to its forerunner, the Constitutive Act authorises the AU to intervene in a situation where citizens are threatened by grave danger perpetrated by their governments or external forces. Remarkably, article 3(k) calls for raising the ‘living standards of African people’. Going by these aspirations, one might speculate that Africans are in for a cheery and jolly ride.

Remarkably, while the Act addresses several aspects of the continent’s socioeconomic issues its operationalisation remains the captive of competing for national interests of AU states. Four key setbacks merit consideration here.

Instability: The landscape of Africa is punctuated by rulers’ embezzlement of public funds, ethnic privilege, and siphoning resources to one’s home village to the detriment of others. This bias tends to incite discontent and hostilities, even as one of the popular rhetoric of the infamous Boko Haram is to addressing Nigeria’s North-South resource disparity. By the same reckoning, hundreds of women and children have been displaced or killed from avoidable hostilities in geographical enclaves such as Cameroon, DR Congo, Mozambique, and Sudan.

Injustice: State security agencies and specifically the police force have evolved to be intimidators rather than the protective machinery they ought to be. More disturbingly, access to justice seems to be a pipe dream, as legal fees and prolonged trials make it burdensome for victims to seek remedies. As a common practice, many judicial systems across Anglophone, Francophone, and Lusophone countries are still modelled on ancient colonial systems, with lawyers and judges using convoluted legal jargon which frustrates rather than assists victims of abuse. 

Poverty: 40% of the continent’s population lives in extreme poverty or on <$1 (approx. R14) per day. Indeed, this figure is sobering. A reader might agree that the New Partnership for Africa’s Development (Nepad) may be seen as the primary document for reversing this trend. The document has, however, been criticised as given superficial treatment to the basic entitlement of vulnerable groups, and without feasible strategies on issues of underdevelopment.  It speaks to enhancing greater access to services, but segregates this aspiration from how the impoverished could access these essentials. Without a commitment to enforceable socioeconomic goods, such as health care, education, food, social security, the document may be seen as placing a stamp on the skewed access to resources already pervasive in local communities.

Covid-19: The onset of the pandemic calls for total marshalling of the continent’s fiscal and human resources. Sadly, the virus has claimed the lives of eminent cadres, teachers, and trade unionists who could have played a key role in this regard. South Africa alone has recorded more than 54,620 deaths, leaving behind hundreds of orphans.   Still, the ramifications are likely to be more significant, altering the structures of society and putting a strain on the financial resources of weak states. 

What ought to be done?

One golden thread running through these challenges is the weakness of the AU to forge effective institutions to restrain the excesses of states, monitor the government’s compliance with human rights obligations, and accountability. If the organisation seeks to improve human rights in Africa, it ought to revive debates towards Pan-Africanism and regional integration. At present, artificial borders erected by colonisers have created states which are simply not viable economic and political units. To this end, continental integration is the effective means of accelerating economic growth, uplifting the least developed countries, and domestically-based transformative development.

Opinion article by Dr Bright Nkrumah, Free State Centre for Human Rights, Faculty of Law, University of the Free State.

 


News Archive

Kovsies paint Bethlehem red!
2010-03-20

At the matric evening of the Secondary School Witteberg in Bethlehem were, from the left: Lebogang Motaung; Rozelle Venter; Prof. Jonathan Jansen, Rector and Vice-Chancellor of the UFS; Ernest Bezuidenhout; Donald Motaung; and Mr Rudi Buys, Dean of Student Affairs at the UFS.
Photo: Lynda Greyling


“The learners of the High School Witteberg are a wonderful example of the quality of students that we can expect as first years here at Kovsies next year,” Prof. Jonathan Jansen, Rector and Vice-Chancellor of the University of the Free State (UFS) said last night during a matric evening attended by 121 Grade 12 learners and their parents in a packed hall at the Secondary School Witteberg in Bethlehem.

Prof. Jansen and his wife Grace, as well as some of his colleagues were guests of honour at the event.

“We want to make a difference in the lives of our students at Kovsies and we want to ensure that our students make a difference in a divided world. This is why I want each Grade 12 learner who is here tonight to come and study at the UFS,” he told the learners and their parents.

“The UFS is going to become the university in the country that is serious about quality. We want to draw the best students. Quality entails hard work. It is about perseverance and your commitment towards your studies. That is the type of students we want.”

“My door is open to our students and they have access to come and talk to me. I also regularly sit at different places on the campus and then invite students to come and talk to me. I want our students to feel at home here.”

“I also want our students to feel free to talk about the use of language at the UFS. We love Afrikaans, English and Sesotho and are not going to fight about language. We are going to develop the use of Afrikaans so that more students can speak it – and this also goes for English and Sesotho.”

Prof. Jansen said that Kovsie students had to be balanced students. “Our students must also excel in sport, art, etc., because the development of students who are properly prepared for the workplace is what we strive for as a tertiary institution. Therefore we are going to establish an office that assists students in their career preparation and will offer students internships so that they can come into contact with leading firms in the commerce and industry sectors.”

“However, we shall also actively enhance our students’ learning experience and therefore we are going to send a group of first-year students overseas in the second semester this year to gain knowledge about issues like integration and collaboration.”

At the occasion Prof. Jansen announced that bursaries to study at the UFS in 2011 would be awarded to the two top Grade 12 learners of the school.

The Secondary School Witteberg had a 100% pass rate in the Grade 12 final examinations the past few years. In 2009 the school was seventh amongst the top 50 schools in the Free State Province. Five learners from the school were also amongst the top 20 learners in the Province last year. The school has already produced many top students for the UFS.

Mediaverklaring
Issued by: Lacea Loader
Director: Strategic Communication (acting)
Tel: 051 401 2584
Cell: 083 645 2454
E-mail: loaderl@ufs.ac.za  
18 March 2010
 

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