Right to Development in Africa

Carol Chi Ngang is Research Associate at the Free State Centre for Human Rights, University of the Free State, South Africa. He has published three edited volumes and a broad range of book chapters and journal articles.

• PrefaceAcknowledgmentsAcronyms and Abbreviations1  Introduction – Africa’s Development Setbacks in Context1 Overview2 Background2.1  A Wrongly Conceived Development Trajectory2.2  Starting Point3 Approach and Structure3.1  Theory Base3.2  Scope and Delineation3.3  Significance of the Book3.4  Outline of Chapters2  Historical Account on the Right to Development1 Introduction2 Origins of the Right to Development2.1  Africa’s History of Development Injustices2.1.1 Slavery and the Impact on Development in Africa2.1.2 Iniquities of Colonialism2.2  Decolonial Revolution2.2.1 The Quest for Independence2.2.2 Post-independence Difficulties3 Evolution of the Right to Development3.1  Latent Manifestations3.1.1 Self-Determination3.1.2 Third World Aspirations for Global Balance3.2  Formal Recognition3.2.1 Proclamations on the Right to Development3.2.2 Legal Recognition and Protection4 Conceptual Clarity4.1  Nature of the Right to Development as a Human Rights Concept4.1.1 Defining Characteristics4.1.2 Substantive Entitlements4.1.3 Legal Entitlements4.1.4 Normative Standards4.2  Nature of the Right to Development as a Development Paradigm4.2.1 Specific Components for Realisation4.2.2 Right to Development Goals5 Concluding Remarks3  Global Dynamics and the Geopolitics of Development Cooperation1 Introduction2 Cooperation Framework for Development2.1  Origins of Development Cooperation2.1.1 Brief Historical Account2.1.2 Definitional Problem2.2  Basic Features of Development Cooperation2.2.1 Motives behind Development Cooperation2.2.2 Operational Modalities2.2.3 Patronage and Paternalism2.3  Cooperation Patterns2.3.1 North-South Cooperation2.3.2 South-South Cooperation2.3.3 Multilateralism and Global Partnership3 Development Cooperation and the Right to Development3.1  Determining the Connection3.2  Political Nature and the Indeterminate Motives of Cooperation3.2.1 Self-Interest3.2.2 Desire to Dominate3.3  Hurdles to Africa’s Development Prospects3.3.1 Economic Sabotage3.3.2 Military Disruptions4 Asserting the Right to Development in Africa4.1  Modalities for Realisation4.1.1 Individual State Responsibility4.1.2 Shared Responsibility for Concerted Action4.2  Human Rights and Development Practice4.2.1 The Law on Human Rights and Development in Africa4.2.2 Normative Requirements for Cooperation4.2.3 Continental Framework Mechanisms for implementation5 Concluding Remarks4  A Dispensation for Socio-Economic and Cultural Self-Determination1 Introduction2 Framework for Implementation2.1  Right to Development Dispensation2.1.1 Soft Law Provisions on the Right to Development2.1.2 African Treaty Provisions on the Right to Development2.1.3 Constitutional Guarantees2.2  Entitlement to Self-Determination2.2.1 The Rule of Law2.2.2 Associated Legal Responsibilities3 Safeguard Measures3.1  The Duty to Protect3.2  Enforcement Mechanisms3.2.1 African Commission on Human and Peoples’ Rights3.2.2 African Court on Human and Peoples’ Rights3.2.3 Domestic Courts of First Instance3.2.4 National Human Rights Institutions3.3  Access to Justice and Means of Redress3.3.1 Procedural Considerations3.3.2 Litigation3.3.3 Nature of Remedies3.4  Critique of the Regime of Protection3.4.1 Extraterritoriality and the Constraints of International Law3.4.2 Inadequacies within the African Human Rights System4 Concluding Remarks5  Right to Development Governance for Africa1 Introduction2 Incongruities and the Complex Dynamics in Africa3 Right to Development Regulatory Mechanisms3.1.  Mandated Entities for Development Policy Making3.1.1 African Union (au)3.1.2 States Governments – Selected Country Analysis3.2  Implication for Ineffective Implementation3.3  On the Decoloniality of Thought in Development Programming3.3.1 Insufficiency in Development Cooperation Approaches3.3.2 Some Major Impediments3.3.3 The Obligation to Fulfil3.3.4 The Right to Development as a Tool for Policy Making4 Right to Development Governance4.1  Conceptual Formulation4.1.1 Definition and Justification for the Model4.1.2 Functional Requirements4.1.3 Capacity to Fulfil4.2  Operational Considerations4.2.1 Collective Socio-economic and Cultural Freedoms4.2.2 Non-regression in the Enjoyment of Existing Rights4.3  Relevance of the Right to Development Governance to Africa5 Concluding Remarks6  Conclusion – Right to Development Imperatives for Africa1 Concluding Highlights1.1  Summary Observations1.2  Alternative Perspective to Development Thinking2 Imperative for Political Action2.1  African Union (au)2.1.1 Africa’s Common Policy Principle2.1.2 Financing for Development2.1.3 On Skills and Technology Transfer2.1.4 On Attaining the Superior Purpose for Development2.2  States Governments2.2.1 Socio-economic and Cultural Transformation2.2.2 Transformative Leadership2.2.3 Basis for Making Political Choices3 Final RemarksBibliographyIndex