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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 in the face of adversity
2016-04-29

Description: Glory NSH Tags: Glory NSH

Glory, one of fourteen NSH bursary recipients during the UFS Autumn Graduations.

At the University of the Free State (UFS) Autumn Graduation Ceremony held from 12-15 April 2016, on the Bloemfontein Campus, a record number of fourteen beneficiaries of the No Student Hungry (NSH) Bursary Programme received their degrees. This is an achievement they all feel they could not have reached, were it not for the support by NSH.

The NSH food bursary is awarded to students on the basis of financial need, academic excellence, and a commitment to serve the community. The UFS has helped over 650 students since 2011, when Prof Jonathan Jansen, Vice-Chancellor and Rector, started NSH.

These students are true beacons of inspiration and determination. Indeed, they have triumphed in the face of adversity. This is what can be said about their determination and will to succeed.

Glory, a previous recipient of the NSH bursary and a mother of two, graduated on Tuesday morning, receiving a BEd degree (intermediate phase). She stated that the NSH bursary changed her life drastically when she started receiving it.

“I used to constantly worry about my children and what they would eat. So I would sacrifice my own meals throughout the day just to make sure they have food to eat,” says Glory.

“The NSH bursary really gave me peace of mind, my school work was suffering and once I started receiving food each day, I could focus on what really mattered: my degree.”

“My goals for this year are to get a permanent job, and start receiving a stable salary. I am currently working as a temporary teacher at a primary school in Bloemfontein.

Description: Katlego NSH Tags: Katlego NSH

Katlego, one of fourteen NSH bursary recipients during the UFS Autumn Graduations.

“I never would have thought that I could have made it this far. I want to pursue my postgraduate studies, to inspire my children and other students who have been in my shoes. There is help and hope. My faith also gave me refuge. Nothing that is given to me is taken for granted,” says Glory.

Another student Katlego, who graduated on 14 April 2016, receiving her BCom Human Resource Management degree. At present, she is busy with her BCom Industrial Psychology Honours. She heard about the NSH food bursary, through a friend in 2014, and has been immensely grateful for all she has received. 

“There is no shame in asking for help. There can only be hope and relief,” she said.

“I am so thankful for NSH. As part of the bursary programme, we commit to serving the community. We receive but we are also encouraged to give back. The community service projects have helped me to get out of my comfort zone, to look beyond myself and acknowledge that I am also required to give back my time to others who appreciate and cherish it.”   

The NSH students are offered not only a food bursary; they participate in student wellness and development programmes, and they are motivated and exposed to opportunities for personal growth. Students are also encouraged to be involved in university or community projects as a way of ploughing back into the community, thus creating a reciprocal cycle of giving and receiving within their community.

 

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