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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

Triumph of the Human Spirit – a symbol of hope
2015-08-24

Ahmed Kathrada discusses his latest book, Triumph of the Human Spirit.
Photo: Johan Roux

“A triumph of courage and determination over human frailty and weakness; a triumph of the new South Africa over the old.” – Ahmed Kathrada

Ahmed Kathrada, stalwart of South Africa’s liberation struggle, visited the Bloemfontein Campus on 18 August 2015 to launch his latest book, Triumph of the Human Spirit. Turning page after page, the reader travels back with Uncle Kathy – as he is fondly known – to revisit Robben Island with the more than 300 guests he has accompanied since 1994. With each photo – be it a celebrity or school child, head of state or famous artist, friend or royalty – the significance of the island is eternalised, right alongside Ahmed Kathrada.

Message of triumph
“Why this specific title for the book?” Prof André Keet, Director of the Institute for Reconciliation and Social Justice (IRSJ), asked during the book launch. “Robben Island,” Kathrada answered, “should not be remembered only as a place of suffering – that’s history. But the message of Robben Island is the message of triumph – triumph of the human spirit over all sorts of adversities.”

Speaking about Kathrada’s quiet but profound impact, Zaakirah Vadi, editor of the book, said “I think Uncle Kathy does not realise what an inspiration his own strength of spirit is”. The fight for human values and dignity was “honed and perfected in the cells of Robben Island,” she said. “It created the vision for a new South Africa and, as Uncle Kathy puts it, the triumph of the new South Africa over the old.”

UFS surprises Ahmed Kathrada with a birthday cake.
Photo: Johan Roux

Freedom was sacrifice
This triumph was not achieved without a cost, though. “No freedom comes on a platter,” Kathrada said. “Freedom was fought for. Freedom was sacrifice. Through the sacrifices of those who did not survive, we are still here to tell the story.”

And that is exactly what Triumph of the Human Spirit does. As Kgalema Motlanthe writes in the foreword, “This book serves as a preservation of history and a symbol of hope.”

Birthday celebration
Just as the event seemed to come to a close, members of the Student Representative Council carried a candle-lit cake – shaped in the number 86 – toward Kathrada. This surprise was organised by the UFS to celebrate his birthday on 21 August 2015. And, as the audience cheered and sang, Kathrada’s smile spread like a light across the hall.

 

 

 

 

 

 

 

 

 

 

 

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