Africa throughout its postcolonial history has been plagued by human rights abuses ranging from intolerance of political dissent to heinous crimes such as genocide. Some observers consequently have gone so far as to suggest that human rights are a concept alien to African cultures. The International Criminal Court (ICC)'s focus on Africa in recent years has reinforced the region's reputation as a hotspot for human rights violations. But despite Africa's notoriety concerning human rights, Africa and the Shaping of International Human Rights argues that the continent has been pivotal in helping to shape contemporary human rights norms and practices. Challenging prevailing Eurocentric interpretations of human rights' origins and evolution, it demonstrates that from the colonial era to the present Africa's peoples have drawn attention to and prompted novel ways of thinking about human rights through their encounters with the world at large. Beginning with the depredations of King Leopold II in the Congo Free State in the 1880s and ending with the ICC's current activities in Africa, it reveals how African events, personalities, groups, and nations have influenced the trajectory of human rights history in intriguing and critical ways, in the end enlarging and universalizing a major discourse of our time.

Africa throughout its postcolonial history has been plagued by human rights abuses ranging from intolerance of political dissent to heinous crimes such as genocide. Yet this book argues that the continent has also been pivotal in helping shape contemporary human rights norms and practices.

This book examines the contemporary and contentious question of the critical connections between business and human rights, and the implementation of socially responsible norms in developing countries, with particular reference to Kenya, Nigeria, and South Africa. Business enterprises and transnational corporate actors operate in a complex global environment, especially when operating in high risks sectors such as oil and gas, mining, construction, banking, and health care amongst others. Understanding human rights responsibilities, impacts, and socially responsible behaviour for companies is therefore an essential component of corporate risk management in our current world. The release of the United Nations Guiding Principles on Business and Human Rights, an instrument consisting of 31 principles on this issue, has further underscored the emergence of a rapidly developing set of international law norms on human rights responsibilities of businesses and transnational corporations. It has also shaped the discourse on corporate accountability for human rights. In addition to minimizing litigation, financial and reputational risks, understanding and demonstrating corporate respect for human rights is vital to building a culture of trust and integrity amongst local communities, investors, and shareholders. While Africa has been at the receiving end of deleterious activities of corporate actors, it has failed to address corporate impunity and human rights violations by non-state actors. Questions abound revolving around the underpinnings of a corporate responsibility to respect human rights, that is, how non-western and particularly African conceptions of respect may help develop a beyond do no net harm approach to respect; policy discourses on human rights due diligence, human rights impact assessment; mandating corporate respect for human rights in both domestic and international law. This book examines, clarifies, and unpacks the guiding principles of a rights-based approach to development and social inclusion. It offers an excellent exposition of regulatory capacity, institutional efficacy, and democratic legitimacy of governance institutions that shape development including a comprehensive analysis of how states are shaping business and human rights discourses locally to develop a critical understanding of identified issues by exploring the latest theories through comparative lenses.

This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

1 The dominant discourse

The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.

In the decades following the triumphant proclamation of the Universal Declaration of Human Rights in 1948, the UN General Assembly was transformed by the arrival of newly independent states from Asia, Africa, and the Middle East. This diverse constellation of states introduced new ideas, methods, and priorities to the human rights program. Their influence was magnified by the highly effective nature of Asian, Arab, and African diplomacy in the UN human rights bodies and the sheer numerical superiority of the so-called Afro-Asian bloc. Owing to the nature of General Assembly procedure, the Third World states dominated the human rights agenda, and enthusiastic support for universal human rights was replaced by decades of authoritarianism and an increasingly strident rejection of the ideas laid out in the Universal Declaration. In Decolonization and the Evolution of International Human Rights, Roland Burke explores the changing impact of decolonization on the UN human rights program. By recovering the contributions of those Asian, African, and Arab voices that joined the global rights debate, Burke demonstrates the central importance of Third World influence across the most pivotal battles in the United Nations, from those that secured the principle of universality, to the passage of the first binding human rights treaties, to the flawed but radical step of studying individual pleas for help. The very presence of so many independent voices from outside the West, and the often defensive nature of Western interventions, complicates the common presumption that the postwar human rights project was driven by Europe and the United States. Drawing on UN transcripts, archives, and the personal papers of key historical actors, this book challenges the notion that the international rights order was imposed on an unwilling and marginalized Third World. Far from being excluded, Asian, African, and Middle Eastern diplomats were powerful agents in both advancing and later obstructing the promotion of human rights.

This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

Africa and the Universality of Human Rights offers a succinct but comprehensive treatment of the human rights systems and machinery applicable in Africa. It consolidates a wide range of materials and sources in a comprehensive way that will be of value to teachers, students, scholars and activists. It makes clear that, notwithstanding difficulties experienced on the ground, African governments, peoples, and institutions together have repeatedly expressed their commitment to the universality of human rights, the corner-stone of the contemporary international order.

Migration from and within Africa, just like migration elsewhere in the world, often generates anti-immigrant sentiment and ignites heated public debate about the migration policies of the destination countries. These countries include South Africa as well as others outside the continent. The countries of origin are also keen to minimize losses through "brain drain" and to capture resources such as remittances. Increasingly, international organizations and human rights advocates have stressed the need to protect the interests of migrants themselves. However, while the UNDP's 2009 Human Development Report talks of "win-win-win" solutions, in practice it is the perceived interests of destination countries that enjoy the greatest attention, while the rights of migrants themselves are afforded the least. Yet migration is not just an issue in itself: it also points to structural inequalities between countries and regions. Managing migration and protecting migrants is too limited an agenda. Activists and policymakers must also address these inequalities directly to ensure that people can pursue their fundamental human rights whether they move or stay. It is not enough to measure development only in terms of progress at the national level: development must also be measured in terms of reductions in the gross levels of inequality that now determine differential rights on the basis of accident of birth.