Human Rights and Sustainable Development in Modern Africa - Research Proposal Example

Human Rights and Sustainable Development in Modern Africa: Research Proposal Introduction The post-colonial development of contemporary Africa hasreiterated the debate regarding the interrelationship between sustainable economic development and human rights compliance on the African continent (Ukaga & Afoaku, 2005). On the one hand, within the continent’s consciousness has developed a renaissance pressing the need for African nations to address their role in international relations and work towards cohesion in developing liberal democracies (Ukaga & Afoaku, 2005). This issue is reiterated by the fact that at present, the Freedom House’s Freedom of the World Report 2008 labelled three of the major Southern African countries as “liberal democracies” in terms of cohesion between individual human rights, due process and the rule of law (2008). However, Dr Freier’s recent address at the 28th SALAN Regional Meeting and 15th Anniversary Celebrations in Namibia indicated Freedom House World Report’s rankings regarding the African countries was a “generous compliment” on grounds that a “Liberal Democracy at its best represents exactly the very political system where the negative freedoms (civil liberties) and the corresponding first generation rights are enshrined in a “living constitution” representing a crucial element of a political and legal culture” (2009). Dr Freier’s proposition is supported by the arguments of Ukaga & Afoaku (2005) that the postcolonial hopes of indigenous Africans have been gradually eroded by the transformation from democracy to dictatorships. Additionally, the dictatorships have been operating within the neo-colonial government paradigm, with national policies geared towards securing international funding and foreign backing as opposed to focusing on local needs (Ukaga & Afoaku, 2005). As a result, Ukaga & Afoaku highlight that “at the dawn of the twenty first century, African Countries faced the gloomy prospect of an ever widening socio-economic gap between the elites and the masses”, which has underlined the dichotomy between human rights and sustainable development going forward. Additionally, Dr Freier highlights the point that the political and legal framework of a nation state is arguably the crux of the problem of human rights protection in contemporary Africa on grounds that: “Liberation movements and successive “state or struggle parties” claim everlasting legitimacy as political hegemons depriving there citizens of exactly those freedoms they originally fought for and which would probably best enable them to prosper and make their choices” (2009). It is submitted that directly correlated to this is the framework for sustainable development in Africa. In particular, the problem from a human rights perspective is that in terms of compliance, the widespread problem of political corruption and human rights abuses often go unaccounted for (Ukaga & Afoaku, 2005). For example, Dr Freier expressly refers to the example of Zimbabwe and comments that “What is still surprising is the restraint exercised by the African Union and its Commission on Human and Peoples Rights and its Nepad Peer Review Mechanism or by SADC, both of them under formal obligations to intervene in cases of gross and persistent rights violations” (2008). When considered in context of sustainable development projects, the socio-economic backdrop of many African countries lends itself to international corporations in particular having to acknowledge the corruption of nation states as part of entry strategy particularly with Multinational Enterprises (“MNEs”). Indeed, Muchlinski highlights that with regard to cross border trade, “MNEs, in common with advanced enterprises, whether national or multinational, have the potential to harm very large numbers of people through the use of hazardous technologies” (Muchlinski, 2002 in De Lacy, 2002: 250). Furthermore, in critically evaluating the MNE business medium, Andersson highlights that “although political motives certainly matter for countries’ behaviour, there is considerable evidence that economic factors are of great importance” (Andersson, 1991: 3). Additionally, Andersson posits that “in an imperfectly competitive world, the actions of one agent affect others and that this interaction is taken into account by everybody when acting” (Andersson, 1991:3). Indeed, Rodriguez et al (2005) highlight the importance of entry mode strategy to MNE success and therefore it is submitted that the interrelationship between effective governance, corruption and entry level strategy is the essential determining factor in successful and consistent growth strategy in cross border trade (Rodriguez et al, 2005). However, the inherently complex nature of human rights compliance and the rule of law in Africa fuel the problem of incorporating corporate ethics, social responsibility and accountability in business particularly with regard to the parameters the role of ethics in practice. Furthermore, this has been compounded by the integration of the globalisation phenomenon into international business; with the increased is movement of capital, commodities, cultural imaginations and practices (Brah et al, 1999:3). A concomitant result of this has been the proliferation of international expansion opportunities for businesses, which has brought the issue of ethics and corporate responsibility to the fore. As a result, the problematic relationship between the rule of law, human rights and sustainable development in Africa has brought the issue of ethics and corporate responsibility to the fore. To this end, some commentators argue that governments should discourage trade with countries having bad human rights records. Indeed, in the British Government body “Headsup” 2008 debate “Human Rights or Poverty? Should the UK only trade, send aid or money to countries with a good human rights record?” (www.headsup.org.uk); MP Shahid Malik argued that continued trade and aid to countries with poor human rights records was problematic and that “there is evidence that too much of the wrong sort of aid, going to governments, may actually discourage and paralyse development” (www.headsup.org.uk). This begs the question as to whether governments should block trade with countries with poor human rights records. On the one hand, a common method utilised for business expansion internationally is the use of the Multinational Enterprise (MNE) paradigm. However, MNEs have been criticised for often being susceptible to corruption as part of their entry strategy. Additionally, whilst the UN Global Compact aims to introduce ethics into corporate responsibility, its lack of enforcement at global level has lent further support to the argument that governments should discourage trade with countries with poor human rights records. On the other hand, there are clearly disadvantages of such an approach and Weede refers to the danger of implementing “negative” or “protective human rights (2008, 35). For example, in certain war torn countries in Africa, where human rights have been abused under international law resulting in Western government imposed trade bans, Chinese companies have had no such reservations about entering the same market; which begs the question as to whether trade bans are the correct approach to addressing human rights (Weede, 2008). Accordingly, the objective in this research project is to review the role of human rights protection in Africa and consider the extent to which human rights and the rule of law in the continent impacts sustainable development. It is argued that the crux of the problem is the concept and development of the “state” in postcolonial Africa. It is further submitted that the role of the state is fundamental to the role of human rights in Africa as a weak state will inherently submit to the power of multinational objectives (Ukaga & Afoaku, 2005). Additionally, a self serving state that ignores local interests facilitates socio-economic tensions as evidenced by the poverty stricken war torn states of Sierra Leone and Zimbabwe. However, the inherent complexity of the socio political divisions in the continent continues to perpetuate instability in the adherence to international and continental Pan-African measures to promote and enforce human rights. It is submitted that the “state’s” role is the crux of the problem in complying with human rights objectives in Africa, which whilst being exploited for development by some international conglomerates, ultimately results in the lack of sustainable development in the long term. Accordingly, in this paper it is submitted there are cogent arguments in favour of governments and businesses discouraging trade with countries with poor human rights records. However, ultimately it is submitted that the potential disadvantages of negative protectionist measures to enforce human rights tip the balance, thereby suggesting the need to consider a different approach for protection of human rights under international law. 2. Summary of Main Arguments In evaluating the interrelationship between human rights in Africa and sustainable development, this paper will undertake a literature review, which will be utilised to support the central arguments in this paper: 1. Research Methodology 2. 1. Central Proposition - It is submitted as a central proposition in this paper that whilst literature has pointed to a consensus with the problems of human rights enforcement in Africa, the debate has focused on Africa has a whole without an adequate consideration to the inherent complexity of Africa’s nation states within the continent. Accordingly, the consideration of human rights in Africa necessarily requires a consideration of states. 2.2. The concept of state is fundamental to addressing the causal connection between human rights protection in Africa and sustainable development in the long term. 2.3. The Colonial Legacy – in supporting the central hypothesis it is submitted that human rights in postcolonial Africa have been impacted by the relationship between the increased in dictatorships operating within the neo-colonial democratic government model in order to secure foreign funding. In return the proliferation of corruption within states has failed to address local needs, which impacts sustainable development. 2. 4. The Organisation for African Unity, the normative framework, “business as usual mentality” and Multinational Enterprises; 2.5 Human Rights, Universalism and Relativism; 2.6. The African Charter; 2.7. Natural Resources, Endowment and Post Colonial Conflicts: A comparative analysis of Sierra Leone, Sudan and Ethiopia; 2.8. Human rights in natural resource development; 2.9. Niger Delta Crisis; 2.10 Ghana Oil Discovery: Who will benefit? 2.8. Multinational Enterprises, UN Global Compact, Corporate Ethics and Human Rights: A novel to sustainable development 2.9. Case Studies: 2.9.1. Women’s Rights in African Regional Framework; 2.9. 2. Refugees, Religion and Displaced People; 2.9.3. International and African Enforcement Mechanisms; 2.9.4. African Commission Role, OAU, Conflict Resolution and the Bureau of Refugees; 2.9. 5. National Level Enforcement; 2.9. 6. Social and Economic impact of land tilting projects in Africa in urbanisation, formal access to credit and poverty reduction; 2.10 Analysis & Findings 2.11: Conclusion BIBLIOGRAPHY L. A. Afinotan and V.Ojakorotu. The Niger Delta Crisis: Issues, challenges and prospects. Retrieved at www.academicjournals.org/AJPSIR/PDF/.../Alfinotan%20and%20Ojakorotu.pdf accessed November 2009. Andersson, T. Multinational investment in developing countries: a study of taxation. Routledge, (1991). 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