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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

Democracy and political tolerance truly thrive during Qwaqwa Campus SRC elections
2016-09-16

Description: 2017 SR Qwaqwa  Tags: 2017 SR Qwaqwa

The newly-elected SRC President of the Qwaqwa
Campus, Njabulo Mwali (left), being congratulated
by his predecessor, Paseka Sikhosana.
Ph
oto: Thabiso Gamede

Voter turnout during the recent SRC elections among the best in the country at over 60%

The 2016-2017 Qwaqwa Campus SRC elections have once again proven that democracy and political tolerance are truly thriving on the Qwaqwa Campus. This was evidenced by the calm surrounding the highly contested elections ever.

According to Mandla Ndlangamandla, Electoral Committee Chairperson, this year’s elections were highly contentious, yet with a high level of tolerance.

"We only had two political structures, namely the South African Democratic Student Movement (Sadesmo) and the South African Student Congress (Sasco), but the level of engagement was really commendable,” he said.

“Of the 4 200 registered students on campus, more than 2 500 cast their votes in their quest to influence student leadership and governance to advance student aspirations," said Ndlangamandla during the handover ceremony.

In accepting the leadership baton from his predecessor, Paseka Sikhosana, the new President, Njabulo Mwali, said his immediate goal was to unite all students behind the new leadership.

In acknowledging the role student governance can play in developing the campus, the Acting Campus Principal, Teboho Manchu, said the campus was proud to have a student leadership that would always keep the interests of their constituency on top of their agenda.

“We will definitely work hand-in-hand with the new student government. In case of any disagreements, please note that you have the right to take up any such matters with the top management of the university in order to advance the entire student body,” he added.

The 2016-2017 Qwaqwa Campus SRC is as follows:

LIST OF SRC MEMBERS 2016-2017

Elective Portfolios

 

Name and Surname

Portfolio

Njabulo Mwali

President General

Siyabonga Ngubo

Deputy President

Joy Mapule Motloung

Secretary General

Bongela Nyandeni

Treasurer General

Mpumelelo Tshabalala

Politics and Transformation

Nomcebo Mqushulu

Media and Publicity

Ntokozo Michael Masiteng

Student Development and Environmental Affairs

   

Ex Officio Portfolios

 

Khulani Mhlongo

Arts and Culture

Polaki Mazibuko

Academic Affairs

Ntokozo Mbali Thango

Sports Affairs

Motlatsi Lisley Lebona

Religious Affairs

Sandile Ntamane

Residence Affairs

Itumeleng Chefter

RAG Comm. and Dialogue

Thulebona Thomas Khumalo

Off-campus

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