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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

Zubeida Jaffer short film to feature on SABC3
2014-10-08

 

Zubeida Jaffer
Photos: Adrian Steirn, 21 Icons South Africa

The nation-building initiative known as 21 ICONS South Africa, was recently thrilled to announce that Zubeida Jaffer will feature in their second season due to her professional excellence as a journalist and author.

Jaffer is a well-known South African reporter and author and has been a writer-in-residence at the UFS for three years now. The 21 ICONS project was inspired by Nelson Mandela and has created a movement for positive change. By sharing the stories of iconic South African men and women, the intention is to inspire new generations to follow in their footsteps.

One icon is featured per week in a visual celebration of engaging and entertaining portraits and short films, along with an essay biography across multiple media platforms such as print, broadcast, outdoor and social media. Jaffer’s short film will be broadcasted on 2 November 2014 at 20:27 on SABC3 and her collectable portrait will be published in City Press on the same day.

Jaffer’s short film discusses her truth as a journalist and activist who was a key figure in the struggle movement in the Western Cape during apartheid. In an intimate conversation with Adrian Steirn (creator, photographer and director of 21 ICONS, Jaffer talks about her journey as a journalist who always seeks to uncover the truth and give people who don’t have a voice an outlet to express their views, opinions and thoughts.

Other iconic South Africans that have featured on 21 ICONS, were among others, Francois Pienaar (former Springbok rugby captain who won the 1995 Rugby World Cup), Pieter-Dirk Uys (satirist who used comedy and caricature to oppose the apartheid government) and Frene Ginwala (the first female speaker in the National Assembly of South Africa).

With the country celebrating 20 years of democracy, the message that everyone can do something to make a difference – which is portrayed in these powerful and inspiring stories that make up the second season of 21 ICONS – has been well-received by South Africans.

Be sure to get your City Press early and tune in on the evening of 2 November 2014 to see Jaffer’s feature on 21 ICONS.

Jaffer is also the publisher of the Journalist website (http://www.thejournalist.org.za/) launched earlier in 2014, of which the UFS is the founding member. The Journalist is “an independent, non-profit organisation working with the academic community and a range of credible online entities to make their knowledge more accessible to the wider public.”


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