Articulating the Right to Democratic Governance in Africa

This Article articulates the right to democratic governance in Africa, arguing that democratic entitlement ought to acquire, if indeed it already has not acquired, a degree of legitimacy in the continent. If democratic governance is a fundamental human right, which this Article asserts it is, it follows that any African State that denies its citizens the right to any of the elements of democratic entitlement-such as free and open elections-is violating a fundamental right, which should attract responsibility. The Article begins with an examination of the patrimonial State structure in Africa and its negative impact on governance. It is a chronicle of wasted years. It goes on to discuss the unsettled question of democratic entitlement in modern international law but asserts the existence of such a right. It examines the normative framework of democratic governance in Africa, including United Nations-inspired human rights instruments to which African States are parties. How far have the African intergovernmental organizations, in particular the African Union (AU) (formerly the Organization of African Unity (OAU)) encouraged transitions to democracy? This Article answers this question by examining the various regional instruments and action plans relating to democratic governance in Africa. It also considers the superstructures that the AU should erect on the infrastructures of democratic governance in order to create beautiful democratic edifices in Africa, capable of shielding Africans from the monstrosities and buffooneries of power

Articulating the Right to Democratic Governance in Africa

This Article articulates the right to democratic governance in Africa, arguing that democratic entitlement ought to acquire, if indeed it already has not acquired, a degree of legitimacy in the continent. If democratic governance is a fundamental human right, which this Article asserts it is, it follows that any African State that denies its citizens the right to any of the elements of democratic entitlement-such as free and open elections-is violating a fundamental right, which should attract responsibility. The Article begins with an examination of the patrimonial State structure in Africa and its negative impact on governance. It is a chronicle of wasted years. It goes on to discuss the unsettled question of democratic entitlement in modern international law but asserts the existence of such a right. It examines the normative framework of democratic governance in Africa, including United Nations-inspired human rights instruments to which African States are parties. How far have the African intergovernmental organizations, in particular the African Union (AU) (formerly the Organization of African Unity (OAU)) encouraged transitions to democracy? This Article answers this question by examining the various regional instruments and action plans relating to democratic governance in Africa. It also considers the superstructures that the AU should erect on the infrastructures of democratic governance in order to create beautiful democratic edifices in Africa, capable of shielding Africans from the monstrosities and buffooneries of power

A Step Closer: Economic Integration and the African Continental Free Trade Area

Post-colonial Africa views economic integration as an endogenous means for attaining self-reliant, sustainable development. Working under various regional and sub-regional economic institutions, states elaborated several norms in search of legitimacy in economic competence. However, several political and economic pathogens, including weak institutions, have blighted those efforts. This paper interrogates the African Continental Free Trade Area (AfCFTA or CFTA), which is the latest attempt to reboot the integration drive and achieve sustainable development. The CFTA seeks to create a geographic zone where goods and services will move freely among member states by removing trade distortions and boosting factor mobility, competition, and investment. After a rigorous analysis of the relevant normative instruments and examining the vertical and horizontal relationship between the CFTA and regional economic communities (RECs)/member states, the paper articulates some objective criteria for measuring the CFTA’s effectiveness. It concludes that, if faithfully implemented, the CFTA could maximize utility and increase welfare. For the analysis and conclusions, the paper deploys principles of public international law as well as economic theories, with a blend of political and moral philosophy

The Summer Has Ended and We Are Not Saved! Towards a Transformative Agenda for Africa\u27s Development

This Article examines the promised debt relief and commends the G8 for taking the initiative to assist a continent in crisis. The Article, however, argues that debt relief is far from a complete cure, and that Sub-Saharan Africa (SSA) needs more than handouts from the G8 to overcome poverty. Debt relief is merely the end of the beginning; it is, at best, a gesture of support to Africa\u27s effort at meeting human security, which the African Union (A.U.) defines as the security of the individual in terms of satisfaction of his/her basic needs. Africa\u27s problems are conspicuous, though their solutions seem to defy reason and common sense. There are three external trajectories to Africa\u27s development crisis: the first is the debt question; the second is the aid question; and the third is the trade question. The Blair Commission Report sums up Africa\u27s internal development trajectories thus: Africa\u27s history over the last fifty years has been blighted by two areas of weakness. These have been capacity-the ability to design and deliver policies; and accountability-how well a state answers to its people. This Article will argue that while Africa needs the international community\u27s support for capacity building, it must take up the challenge of accountability and pull itself up by its bootstraps. Part II addresses the debt burden, the long struggle and arguments (legal and moral) for its relief, and the promised reprieve by the G8, all in the context of global distributive justice. Part III examines Africa\u27s other external development trajectories-aid and trade- and argues that market access offers great potential for Africa\u27s growth, though it is hard to draw the same conclusion about aid. Part IV focuses on internal dynamics, including Africa\u27s obstructive regulatory and economic policies, and calls for a transformative development agenda