AFRICAN UNION LAW: THE EMERGENCE OF A SUI GENERIS LEGAL ORDER WRITTEN BY OLUFEMI AMAO ROUTLEDGE (LONDON AND NEW YORK)

Robert Home*

INTRODUCTION

The African Union (AU), since its Constitutive Act in 2000, has grown from an initial 27 member states to now include all 55 countries on the African continent. The initiative came from the late President Gaddafi of Libya – an “unlikely figure”, according to Amao, p. 16 – who called for Africa to create a robust international body at an “extraordinary summit” of the former Organization for African Union (OAU), held in his home town of Sirte in 1999. The last state to join, or rather rejoin – since it had split from the former OAU – was Morocco, in 2017.

DOI: https://dx.doi.org/10.4314/jsdlp.v10i2.10

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* Robert Home, MA PhD MRTPI Emeritus Professor in Land Management, Anglia Ruskin University (UK). Email Robert.home@anglia.ac.uk.

SEPARATING THE WHEAT FROM THE CHAFF: DELIMITING PUBLIC POLICY INFLUENCE ON THE ARBITRABILITY OF DISPUTES IN AFRICA

Akinwumi Ogunranti*

ABSTRACT

This article focuses on the arbitrability of disputes. It examines the recent global trend of delimiting the role of public policy in determining matters that should be subject to arbitration. The evaluation shows that the application of doctrines of separability and kompetenz-kompentenz plays a vital role in the delimitation process. However, notwithstanding the global trend to restrict the role of public policy in determining arbitrability, some countries in Africa still widely interpret public policy to revoke arbitral clause, stay arbitral proceedings, or refuse enforcement of foreign arbitral awards. They justify this approach on the basis that public policy is a means to protect national economic interest against foreign manipulation or exploitation. Anchored on Morgan’s theoretical approach, this article criticizes the excessive role of public policy in determining the arbitrability of disputes in Africa. It calls for a change to reflect the global trend through judicial activism and legislative reform. Although protecting national economic interest is an important goal, restricting matters that are arbitrable will not promote foreign investment. Therefore, countries in Africa must fashion arbitration practices that reflect their socio-economic background as well as contemporary arbitral trends around the world.

Keywords: Arbitration; Africa; Party Autonomy; Public Policy

DOI: https://dx.doi.org/10.4314/jsdlp.v10i1.6

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* Doctoral Student, Schulich School of Law, Dalhousie University, Halifax, Nova Scotia, Canada. Email: ak950986@dal.ca.

TURNING FISH SOUP BACK INTO FISH: THE WICKED PROBLEM OF AFRICAN COMMUNITY LAND RIGHTS

Robert Home* and Faith Kabata**

ABSTRACT Africa’s postcolonial disputes over community land rights are a “wicked” problem, not evil, but resistant to resolution. This article investigates three such disputes in Kenya (Endorois, Ogiek and Nubian community) where the African Commission and Court of Human and Peoples’ Rights have determined in the communities’ favour but the implementation is not progressing, both because of opposition by the state and the complex and long-standing nature of the cases. The legal history of colonial trust lands and recent community land legislation is discussed, the three key cases are summarized, and issues of indigenous people’s status, admissibility and respondent government discussed in relation to the UN Declarations on Rights of Indigenous Peoples (1987), Right to Development (1986), and Land Issues (2009). Practical and political aspects of implementing the determinations are examined, and recommendations proposed.

Keywords: Indigenous people’s rights; Endorois; Ogiek; Nubian community; Kibera; land law reform; African Union enforcement.

DOI: https://dx.doi.org/10.4314/jsdlp.v9i2.2

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* MA PhD MRTPI Emeritus Professor in Land Management, Anglia Ruskin University (UK). Email Robert.home@anglia.ac.uk.

** LL.B, LL.M LL.D Law Lecturer, Kenyatta University School of Law (Kenya) Email: kabata.faith@ku.ac.ke

THE SEARCH FOR SUSTAINABLE EDUCATION IN POST-COLONIAL AFRICAN STATES

Aare Afe Babalola*

INTRODUCTION

The Director of the African Studies Centre and Rhodes Professor of Race Relations, Professor Wale Adebanwi; members of the Senior Leadership Team of Oxford University here present; distinguished faculty, staff and students; ladies and gentlemen. I consider it a great honour to be invited to deliver this lecture at the world’s leading centre for the study of Africa – the Oxford African Studies Centre. All noble and self-respecting Africans, including my humble self, have reasons to be exceedingly proud of the great work that this Centre has championed since its establishment, most especially its vision to consolidate the rich and important relationship between the continent of Africa and the prestigious Oxford University. Oxford University has, over the past century, nurtured some of Africa’s most prominent leaders. As you know, the long list includes John Kufour, former President of Ghana, Pixley Ka Isaka Seme (1881 – June 1951), the intelligent South African who founded the African National Congress in the early 20th century; Bram Fischer, the antiapartheid activist and lawyer who defended Nelson Mandela at his treason trial; and of course Nigeria’s most famous Oxford University graduate, Dim Emeka Odumegwu Ojukwu. It may also interest you to know that on my entourage today is Professor Damilola Olawuyi, an Oxford Doctorate in Law graduate, and a Professor of Law at Afe Babalola University

DOI: https://dx.doi.org/10.4314/jsdlp.v9i1.8

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* OFR, CON, SAN, LL.D, FNAILS, FCI.Arb. President Emeritus and Founder, Afe Babalola University, Ado Ekiti. This keynote lecture was delivered on 1 May 2018 at the African Studies Centre, School of Interdisciplinary Area Studies, University of Oxford, United Kingdom.

TURKISH AND BRICS ENGAGEMENT IN AFRICA

Elem Eyrice Tepeciklioglu* , Mohammed Evren Tok**, and Syed Basher***

ABSTRACT

This article studies the political economy of Turkey’s relations with sub-Saharan Africa (SSA) since 2002 while Turkey was under the Justice and Development Party’s (AKP) rule. It argues that Turkey has focused its engagement in Africa mostly on humanitarian assistance and the economy. Contextualizing Turkey’s relations with SSA vis-à-vis other emerging market economies, especially the BRICS (Brazil/Russia/India/China/South Africa), provides ample insights into the nature of Turkey’s engagement in SSA. While Turkey’s involvement has some similarities with that of the BRICS, there are greater fundamental and structural differences from how the BRICS established their presence in SSA. These differences mostly find resonance when juxtaposed with the activism of non-governmental actors engaged in humanitarian missions and charity work with trade-related economic investments and activism.

Keywords: Turkey, sub-Saharan Africa, political economy, BRICS, trade, humanitarian assistance.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.3

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* Research Assistant, International Law Implementation and Research Centre, Yasar University, Izmir/Turkey. E-mail: elem.eyrice@gmail.com. Phone: +902324115651 Fax: +902325707000.

** Assistant Professor and Program Coordinator, Hamad Bin Khalifa University, Doha/Qatar. E-mail: etok@hbku.edu.qa. Phone: +97433120327, Fax: +97433120327.

*** Associate Professor, Department of Economics, East West University, Dhaka, Bangladesh. E-mail: syed.basher@gmail.com, Phone: +8809666775577 ext. 140.

TOWARDS A COHERENT IMPLEMENTATION OF SAFE BUILDING LAWS AND REGULATIONS IN CAMEROON: LAW, GOVERNANCE AND INSTITUTIONAL IMPERATIVES

Claude Bernard Tene*, Siddig Omer**, and Blaise Mempouo***

ABSTRACT

Over the last decade, a sustained pattern of building collapse and fire outbreaks has been observed in various West African countries such as Cameroon, Nigeria and Ghana. This has become a matter of serious concern among building practitioners and the public authorities in these countries given the extensive loss of housing investment and human lives. The main reasons for the increased collapse of buildings include poor inspection and monitoring, structural defects, defective design/structure, illegal conversion and alterations and, most importantly, non-adherence to existing building regulations and laws. This article examines the scope of implementation and enforcement of safe building legislation and regulations in Cameroon. It identifies the existing national building regulations and the factors that limit their implementation. The article uses various data collected through questionnaires and interviews to support the finding that although there are extensive norms and regulations dealing with planning matters, there is a lack of technical building regulations and control in the country and that the existing regulations are not effectively implemented. Generic suggestions are made for a coherent implementation of current laws and regulation for safety in the construction industry.

Keywords: Building Policy, Building Regulations, Implementation, Safety, Africa

DOI: https://dx.doi.org/10.4314/jsdlp.v8i2.5

THE AFRICAN MINING VISION: PERSPECTIVES ON MINERAL RESOURCE DEVELOPMENT IN AFRICA

Kojo Busia* and Charles Akong**

ABSTRACT

This article argues that, after the recent boom, the African Mining Vision (AMV), upon making development central in the extractive industry, is a paradigm whose time has come. We hypothesize that the Vision is forwardlooking with a robust ideational foundation, able to seize emerging policy windows towards lasting paradigm shift for Africa’s extractive sector. The article presents a dynamic framework for analysing policy change in the extractive sector in Africa, based on the power of ideas and interests networks. While the crisis in the sector presents an opportunity, the article analyses the binding political economy constraints that African governments would have to overcome at the global, regional and country levels to implement the transformative ideas of the AMV. The article presents a matrix systematically analysing possible scenarios for implementing the Africa Mining Vision. The implementation of the AMV would likely be non-linear. Vested interests, including resistance to change and diversity of country contexts, could lead to varied outcomes in the implementation of AMV in the short and medium terms.

Keywords: Africa Mining Vision, ideas, interest’s networks, extractives sector, commodity booms.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.7

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* Coordinator, African Minerals Development Centre (AMDC).

** Economic Affairs Officer, Team Leader, Linkages Diversification and Investment, African Minerals Development Centre (AMDC).

MAKING EXTRACTIVE INVESTMENTS WORK FOR AFRICA’S DEVELOPMENT: WHAT ROLE FOR QATAR IN SHAPING THE DEBATE ON NATURAL RESOURCE GOVERNANCE?

Fantu Cheru*

ABSTRACT

At present, emerging economies such as China, are the major importers as well as investors in Africa’s extractive sector. Indeed, they maintain a “stranglehold” on the continent regarding finance for development. Their success in gaining access to the resources of Africa is linked to an effective strategy that combines trade inducements, increased investment flows, aid for infrastructure and construction and technology transfers. With the recent dramatic decline in the price of commodities, and China’s re-balancing with greater emphasis on consumption-driven growth model, growth prospects in commodity-dependent Africa has dampened. Qatar, with its abundant hydrocarbon reserves and US$10 billion foreign exchange reserves, deploys its “soft power” to enable African countries develop their extractive sector fully, industrialize and end China’s financial stranglehold on the continent. Qatar can help develop Africa’s mineral processing industries through public private partnerships and experience. This is because of Qatar’s track record as a sound manager of natural resources. This type of partnership will assist African countries to get more out of their natural resources through valueaddition, and further deepen domestic technological capacity and job creation.

Key words: Qatar, China, Africa, minerals, oil, extractive, development

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.8

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* Professor and Senior Researcher, African Studies Center, Leiden University, the Netherlands Associate Senior Fellow, Stockholm International Peace Research Institute (SIPRI).

TRANSLATING THE EXTRACTIVE RESOURCES TO ECONOMIC GROWTH AND TRANSFORMATION

George Kararach*

ABSTRACT

Most African countries are heavily endowed with natural resources. This gives the continent both the potential for, and threat to, growth/development. Natural resources yield “rents,” or profits from their production, which are crucial for resource-led development. The literature on the “rentier state” and how resource rents interact with institutions and political economy dynamics shows that rent flows through the socio-economic system influence development outcomes. Although the natural resources sector provides significant opportunities for the near term, it also does have significant risks for future generations, and the costs and benefits of resource extraction are seldom borne equitably. Ensuring social equity is a major challenge in natural resource governance, generally falling to governments to referee trade-offs and protect the most vulnerable, including current and future generations. It is critical, therefore, for the continent to address itself to important policy questions to ensure that natural resources are a boon for Africa’s sustainable growth

Keywords: Africa; sustainable growth; rentier state; development.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.5 1.

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* Senior Economist at the Economic Commission for Africa, Addis Ababa, Ethiopia.

CONCEPTUALIZING THE QATARI-AFRICAN FOREIGN POLICY AND ECONOMIC RELATIONS: THE CASE OF SOFT POWER

Ben O’Bright*

ABSTRACT

Using a case study approach, this article examines the shifting dimensions of Qatar’s international relations strategies with select, geo-politically important African states, including primarily the latter’s private sector and civil society, and focusing on the current or potential use of soft power in particular. To start, this article presents a comprehensive overview of soft power, including its international relations theory-based historical origins; definitional boundaries; associated tools and mechanisms; and the concept’s pragmatic problems and limitations. Second, the article offers several best practice case studies, including the United Kingdom and China, from which core lessons on soft power development and application can be gleaned. This will advance from a list of seven key lessons that any prospective soft power state should consider. Following this, the article engages in an examination of available evidence outlining Qatar’s attempted soft power action on the African continent and, particularly in Sudan, Somalia, Mali and Tunisia, arguing that it relies extensively on “carrotdiplomacy” or the influencing of others backed by material and financial resource inducements. Finally, five problems and roadblocks affecting Qatar’s approach to international relations will be presented, followed by alternative (soft) power-based strategies, which could be explored by its government and leadership.

Keywords: Soft Power; Qatar; Africa; Sudan; Somalia; International Relations; United Kingdom.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.4

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* PhD Candidate, Dalhousie University and Researcher, Centre on Governance, University of Ottawa.

MANAGING AFRICA’S NATURAL RESOURCE ENDOWMENTS: NEW DISPENSATIONS AND GOOD-FIT APPROACHES

Kobena T. Hanson*

ABSTRACT

Managing a nation’s extractive natural resource endowments can advance national development if done meaningfully. Unfortunately, across Africa, the apparent mismanagement of such resources, poor growth rates, social tensions, and civil strife in resource-rich countries have thrown up a great deal of literature on what is now known as resource curse.It has also ignited calls for enhanced governance and improved capacities for the myriad of actors engaged in natural resource extraction. This article draws on the extant literature to interrogate the complex entanglements of issues involved in the natural resource value chain in Africa. It argues that in spite of the general ills, economic challenges, and socio-political pains that resource-rich African nations face in exploiting and managing their natural resources, the extractive industry in Africa is evolving positively, and that the situation of resource-rich African states is not immutable. Available evidence suggests that Africa is emerging a new, more complex, participatory, and coordinated vision of NRM; a development that offers opportunities and possibilities for Africa to engage emerging actors especially in the global South.The article concludes that what Africa needs is an approach with a good fit to local realities, and an enhancement of individual and institutional capacities.

Keywords: Africa, Capacity Development, Governance, Natural Resource Management.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.6

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* Chief Executive Officer, Strategic Outlooks, Ghana/KM Consultant, AfDB, P. O. Box CT9049, Cantonments, Accra, Ghana, E-mail: kthanson64@yahoo.com

LAND GOVERNANCE AND LAND DEALS IN AFRICA: OPPORTUNITIES AND CHALLENGES IN ADVANCING COMMUNITY RIGHTS

Blair Rutherford*

ABSTRACT

This article examines the converging focus on “governance” by those donors and scholars who promote investment in land in Africa as well as by scholars and activists who criticize what they call “land grabs.” This focus on governance is particularly found in terms of understanding and assessing socio-economic consequences among the communities for the land deals, investment initiatives which have been accelerating on the continent over the last decade and longer. This article expands the concept of governance by examining how structures of authority and power are also involved in defining who belongs, or who has claims to belong, to these territories. It explores the topic of land deals and community rights through the conceptual lens of governance and belonging, the ability to be recognized as part of the community at various levels of action (including in terms of national citizenship). It starts with an examination of the recent increase in land investments in Africa, setting out its broad parameters, including public criticisms raised and some of the protests around them, and noting some of the key issues on which scholars have focused. In the next two sections, the article analyses these processes through the conceptual lens of governance and belonging as a way to bring out what the article proposes are key issues for assessing matters on community rights in regards to investments concerning natural resources in Africa, particularly over land. This analysis raises questions about those who uncritically promote Free and Prior Informed Consent as the solution to ensure “communities” approve any land deals.

Keywords: Land grabs, governance, Africa, community, politics of belonging

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.10

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* Professor of Anthropology in the Department of Sociology and Anthropology, Carleton University, Ottawa, Canada

CHINA’S INFLUENCE IN AFRICA: CURRENT ROLES AND FUTURE PROSPECTS IN RESOURCE EXTRACTION

Liu Haifang*

ABSTRACT

In the second half of 2014, some African countries felt the heavy strike of falling prices of mineral resources on the world market. The international media raised vocalex positions on the negative impact that China’s slow down might bring to the African economy. One headline read: “Chinese investment in Africa has fallen 40 per cent this year – but it’s not all bad news”.1 More recently, the exasperation intensified to “China’s slowdown blights African economies”,2 and managed to shadow the China-African Summit held in December 2015 in Johannesburg. Similarly, on the recent Africa Mining Indaba, the annual biggest African event for the mining sector, the renewed concern was stated as “Gloom hangs over African mining as China growth slows”.3 There is no doubt that China’s presence has had positive effects on Africa’s growth over the past decade. Nonetheless, only a narrow perspective would view Africa’s weak performance solely through the Chinese prism. This article addresses the afore-mentioned concerns regarding the impacts that China has in Africa. A historical approach is applied to reconstruct the economic cooperation since the mid-1990s. This reconstruction emphasizes the sustaining forces of cooperation. Literally, this article goes beyond the resource traction sector, to understand the basis of China-African cooperation, and the position mineral resource has taken in the bilateral cooperation. With a representative country case study, the current dilemma is shown from the structure of bilateral cooperation. Suggestions follow on how to address these challenges.

Keywords: China, Africa, mining, resource, investment, development.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.3

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* PhD (Peking), Associate Professor, Deputy Director and Secretary General of the Centre for African Studies, School of International Studies, Peking University, China. Email: liuhaifang@pku.edu.c

TRANSNATIONAL INITIATIVES TOWARDS NATURAL RESOURCE GOVERNANCE IN AFRICA POST-2015

Timothy M. Shaw*

ABSTRACT

The 21st century is marked by a welcome proliferation of innovative forms of natural resource governance to advance sustainable development. This article sheds light on the background for this quite remarkable and unanticipated shift. It analyses the prospects for AMV advocacy and adoption by emerging state and non-state actors by the end of this decade, both in Africa and beyond. It examines these evolving perspectives and debates vis á vis 21st century globalization. It also identifies the unexpected and unprecedented range of transnational governance initiatives that have been proposed since the turn of the century. These continue to proliferate and compete, being refined in the process as the problematic notion of global governance continues to be a subject of considerable debate. It also extends the range of developmental challenges to include the burgeoning water-energy-food nexus.

Keywords: governance, Africa, economy, development

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.9

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* PhD, Princeton, is visiting professor at University of Massachusetts, Boston and Adjunct Professor at Aalborg, Carleton University, and University of Ottawa. With degrees from three continents – University of Sussex, Makerere University and Princeton University – he has held visiting positions in China, Japan, Nigeria, South Africa, United Kingdom, Zambia and Zimbabwe as well as in Canada and the US. He continues to edit IPE Series for Palgrave Macmillan/Springer and Routledge.

ECONOMIC RELATIONS BETWEEN TURKEY AND AFRICA: CHALLENGES AND PROSPECTS

Elem Eyrice Tepecikliogu*

ABSTRACT

African affairs occupied a secondary status in Turkish foreign policy until very recently. However, following the adoption of the Action Plan for Opening up to Africa in the late 1990s, Turkish politicians started to assign a higher priority to relations with African countries. The incumbent Turkish government now attaches great importance to developing long-term relations with those countries. We can also see that Africa’s image in Turkey is changing with journalists presenting new narratives about the continent and supporting Turkish involvement in African affairs. There is also an increasing interest in African studies in the academia, although scholarly work produced on African issues remains limited. This study explores the evolution of Turkish-African relations and concentrates mostly on Turkey’s economic engagement in African countries. It also seeks to analyse recent Turkish initiatives in Africa’s energy sector. The article argues, among other things, that although the low level of attention paid to African issues has changed, the pace of the development of relations with Africa is still slow and more steps have to be taken to further improve relations with African countries.

Keywords: Turkey, Africa, Sustainable Development

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.2

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* Department of International Relations, Yasar University, Turkey. E-mail: elem.eyrice@gmail.com

LABOUR AND EMPLOYMENT CREATION WITH AFRICAN RESOURCE DEVELOPMENT

Franklyn Lisk*

ABSTRACT

Natural resources are an assured source of government revenue, but this does not always translate into more jobs, better productivity or an increased demand for that country. Traditionally, the role of government in a resource-rich country has always been to act in the best interests of its citizens. In the case of natural resource-rich nations, this role also includes ensuring that jobs in the extractive sector are safe – both in the physical and financial sense. In such competitive environments, the private sector also has a fiduciary responsibility to ensure that all employees are fairly treated. However, it is evident that almost all African nations that are rich in resources are affected by lack of human development. This article examines the current state of affairs in the resource-rich African nations and their impact on human development. It focuses on how these resource-dependent economies are experiencing economic growth and why this growth does not directly translate into higher and better employment for the local populations. The article examines growth and human development from the perspectives of both the private- and public-sector actors. It recommends that private actors should have a complementary approach, through foreign direct investors or other modes, to the long-term policies and plans set out by the state. This approach would allow for successful intersectoral linkages and community development through higher job creation. It argues that the state is responsible for managing these natural resources and highlights the role of governance in this management. Governance issues, challenges, such as developmental gains, job creation, transparency and accountability are all addressed in the article. Finally, the article strongly recommends developing both human and institutional capital and regulating production.

Keywords: Resource development, resource curse, Africa, governance, management.

DOI: https://dx.doi.org/10.4314/jsdlp.v8i1.12

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* Professorial Research Fellow, Centre for the Study of Globalization and Regionalization (CSGR), University of Warwick, UK. Email: f.lisk@warwick.ac.uk

NEW DIRECTIONS IN AFRICAN DEVELOPMENTALISM: THE EMERGING DEVELOPMENTAL STATE IN RESOURCE-RICH AFRICA

Sara Ghebremusse*

ABSTRACT

African states are reclaiming a greater role in natural resource extraction that is generating significant scholarly interest and debate. This paper contributes to the debate by considering how these measures fit into the developmental state paradigm first used to study East Asian countries following World War II, and the “new” development state framework that currently dominates law and development scholarship. This paper argues that recent policy reforms by African states – including enhanced local participation, increased linkages between extractive industries and other sectors, and broader resource nationalist measures that seek to generate more revenue for national governments – are characteristic of the developmental state and “new” developmental state, neither have fully taken shape in resource-rich Africa as it is unclear how these new measures address “good governance” and democracy concerns. Keywords: Developmentalism, Africa, oil, state.

Doi: http://dx.doi.org/10.4314/jsdlp.v6i2.1

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* Ph.D. Student, Osgoode Hall Law School at York University, Toronto, Canada.

THE CHALLENGES OF SUSTAINABLE DEVELOPMENT IN POST-COLONIAL AFRICAN STATES: A REVIEW OF ADAMU USMAN’S SIEGED

Solomon Adedokun Edebor*

ABSTRACT

This paper discusses and contributes to debates on the critical governance challenges faced by post-colonial African states such as bribery and corruption, lack of democratic and participatory governance, insecurity, lack of justice and equality before the law, and illiteracy as some of the impediments to sustainable development in Africa. These issues have been variously discussed by literary scholars with an attempt to portray and expose them. One such excellent attempt is Adamu Usman’s Sieged. This paper analyses some of the fundamental threads in Usman’s submissions on how lack of good governance and purposeful leadership remain the bane of African states. It then takes the analyses further by showing that no meaningful social, economic, political or environmental development can take place in Africa until African masses demand for good governance and engage in ideology-based social revolution in ending the reins of corrupt leadership.

Keywords: post-colonialism, politics, corruption, sustainable development, independence.

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* Solomon Adedokun Edebor is of the Department of English and Literary Studies, Afe Babalola University, Ado-Ekiti, (ABUAD), Ekiti State, Nigeria.

THE ENFORCEMENT OF SOCIAL AND ECONOMIC RIGHTS IN AFRICA: THE NIGERIAN EXPERIENCE

Ajepe Taiwo Shehu*

ABSTRACT

The debates on socio-economic rights have now shifted from desirability to problems of enforcement. This does not indicate that socio-economic rights have gained universality such that all countries in Africa embrace and enforce them. There are few countries such as South Africa where these rights have not only been constitutionalized, but have been duly enforced. Nigeria has them under the nonjusticiable directive principles of state policy. However, the fact today is that there are cultural and other impediments to the effective and efficient enforcement of such rights. Thus, the main objective of this paper is to identify some of these impediments and to proffer solutions. The paper depends largely on perception of the nature of socio-economic rights arguing that such rights depend squarely on the state of economy of the state and the effective and efficient management of the economic resources. The paper finds that unlike the traditional, first generation rights, the enforcement of socio-economic rights puts huge financial claims on the state and also involves legislative appropriation without which the executive cannot effectively enforce such rights even where the judiciary orders enforcement of the rights in deserving situations. The paper observes that the enforcement of such rights would also invariably depend on ability and readiness to combat the pervasive corruption in most countries of the continent. Besides, although science and technology in the area of agriculture have rendered suspect the Malthusian theory on population, African nations must control population growth in the continent, and also redirect cultural imperatives that encourage unchecked child rearing, illiteracy and poverty.

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∗ Ph.D, Senior Lecturer, Department of Public Law, Faculty of Law, University of Ilorin, Nigeria. Email Address: atshehu2000@ymail.com, atshehu2000@gmail.com, Phone: (+234) 8034810069