A Juxtaposed Analysis of the Challenges and Prospects of Attaining Universal Human Rights in African Polities

Bibliographic Data

ID21701403
AuthorsNsama Jonathan Simuziya (0000-0003-0183-1052, University of Hradec Králové, corresponding author)
Year2025
Volume33
Issue1
Pages177-203
Publication date2025-01-13
Open AccessNo
TypeARTICLE
VenueInternational Journal on Minority and Group Rights (JOURNAL)
Journal identifiersISSN: 1385-4879 • E-ISSN: 1571-8115
PublisherWalter de Gruyter GmbH (PUBLISHER • DE)
DOI10.1163/15718115-bja10204
OpenAlexW4406379915
LanguageEN
References cited7

The call for implementation of universal human rights in Africa is principally perceived to be a mixed bag of potential triumphs and setbacks. A core principle of any (political or) scientific study is that data underdetermines theory, i.e., one can look at the same data and reasonably see different phenomena. Simply put, there is no exclusive way of assessing information or determining (better) ways of life. In Africa, the question of whether human rights should be universal or national/cultural remains contested with both the opposers and proponents presenting fathomable reasons. At the core of controversies surrounding universal rights are issues of global inequality, poverty and Africa’s underrepresentation or otherwise misrepresentation in key global decision-making bodies. From the turn of the new millennium, discourses on jurisprudence about universal human rights have intensified whereby, the definition, meanings, functions and scope of what constitutes fundamental human rights have expanded beyond the often too familiar rigid and orthodox domestic law regimes. Today, national sovereignty claims on human rights are only valid to the extent that those assertions are not at loggerheads with the spirit and principles contained either in the Bill of Rights or the Universal Declaration of Human Rights ( udhr ) (1948). Furthermore, Human Rights Watch (2021) argues that in contemporary international relations, human rights are no longer conceived only in a vertical lens, i.e., only seen as the mere concern of the state, but now necessarily includes a horizontal lens consideration, whereby, private entities are also included because they are equally capable of violating human rights. Knox (2008) also hinted that discourse on this subject matter seems unavoidable as it has continued to gain traction in modern jurisprudence. As such, public law remedies have expanded into the private realm to protect individual rights. This has become necessary because the services provided by private local entities including conglomerates and transnational corporations have increased considerably. For instance, private medical facilities, private schools, media houses, digital and telecommunication companies, and water and sanitation services, all count among several private entities that are prone to abuses of human rights. Consequently, legislative administrators have devised the term ’the contracting state’ to define a setting where a variety of public interests are increasingly being provided by the private sector rather than by the state. In providing their services, the private entities cannot do as they please or ignore the rule of law governing international human rights protection. This essay argues that given the increasing intertwining of regional and global governance activities in finance, trade, commerce, education, agriculture, and medical advances, the implementation of universal human rights would best serve the collective interests of all stakeholders. In advancing this argument, this essay critically analyses the plausible obstacles on the path towards the attainment of universal rights in Africa while also identifying silver linings

Declaration · Fundamental rights · Human rights · Human rights movement · International human rights law · Jurisprudence · Law and economics · Misrepresentation · Political science · Politics · Right to property · Sociology · Sovereignty · Human Rights and Development · Law

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