Human rights record in Africa has been described by some as lurking behind. A thorough analysis of the literature available will reveal that Africa does not lack human rights protection ideas. This is clearly demonstrated by what has been happening in the continent in the recent past. Many human rights activists have come forward to champion the rights of the minorities and in some instances agitate for democratic governance.
Almost all African countries have human rights advocacy groups that are recognized both, by the local government and the United Nations human rights council. Great ideas on human rights protection have come from these groups but there appears to be a great disconnect between idea generation and implementation. These ideas have either not been implemented at all or have been implemented partially. There are number of reasons that can explain this near uniform phenomenon in Africa.
Poor leadership is largely to be blamed for this. Many countries in Africa have leaders who were not elected to office by the people. It is not uncommon for leaders to impose themselves on the people in the continent. Some leaders who appear to have legitimate power have questionable moral standing in the society. Democracy that has been put in place in some countries of the continent is less than ideal. The systems that are in place allow voter bribery and intimidation. When such leaders gain power, basic human rights are not given much attention. Perhaps the worst human rights violators are the military rulers and dictators.
Leaders with dictatorial tendencies do not tolerate divergent and dissenting opinions. Criticism of the leader attracts tough penalties. In such dictatorial states, the president or military ruler is above law. They can order detention without trial at random without further consultations with anyone. Countries with the poorest human rights records are those that have a leader who has been in power for a very long time. Leaders who have been in power for a long time control security forces of the country. It is important to note that long standing leaders are prepared to go to great lengths to retain their positions. In some countries with some form of democracy, the democracy is often used to legitimize illegal ascend to power.
Lack of good will both, from the Africa leaders and the world leaders has also contributed to the current state of affairs. African leaders are not willing to accept that power is exercised on behalf of the people. They are reluctant to let human rights take the center stage in their leadership. Many feel threatened by a populace that is free. They feel that they will lose control of the government if such ideals are allowed in. On the other hand, world leaders have watched these violations taking place without putting sufficient effort to stop them. In some cases, all the leaders from the developed world are bad-mouthing other leaders. This attitude has encouraged the African leaders to continue with the human rights violation. The world leaders are not willing to take a bold step because of the fear of hurting bilateral relations.
Another cause for concern in Africa is the African culture and values. Traditional African believes and practices have a role to play in human rights violation. Though, to a large extent the harmful aspects of the African culture are fading, it is still major hindrance to enjoyment of human rights by all. The most disadvantaged group is women. Some cultural practices have no respect for women. Some harmful practices inherent in the culture include female genital mutilation and early marriages. Apart from the physical trauma female genital mutilation and early marriages cause emotional injury. In some cultures these practices are applied to all women without exception.
Therefore, the freedom to choose what one wants is lost to culture. In such a setting, it can be argued that freedom is for a few only. It is likely that these practices have continued to harm the African woman under government blessing. By ignoring these practices, governments have provided the right environment for further human rights violation. Wrong ideals are also thought to be instilled into the African woman during these rituals. This has greatly assisted the perpetuation of these harmful practices. This is because these women are more likely to teach their daughters these practices.
Another probable reason for poor implementation of human rights protection is greed. It has been argued that the human rights advocated in Africa were in it for money. If this is true, then it is not hard to explain why a lot has been said and yet little has been done. Such human rights advocates will continue doing so as long as there is money for it. An advocate who is after money cannot agitate for implementation of human rights protection since to them, human rights violation is a source of income.
Poor constitution is another enabling factor for human rights abuse. Some countries operate with constitutions which do not recognize respect for human rights as a core value in society. If the constitution is silent about human rights, than chances of human rights abuse increase. Without proper constitutional guidelines on this matter it is hard to implement the human rights protection acts.
To bring change to Africa, the human rights advocates can agitate for some structural changes. They should advocate for adoption of democracy in Africa. If proper democracy is adopted, then the leaders who gain the legitimate use of force cannot misuse it. This is because in a democratic system there are several checks and balances in place. A leader is more likely to get advice and opinion from the people in democratic government. Leaders who are democratically elected are more likely to fulfill their promises. Such leaders also understand the need for them to step aside when their term of office expires. Human rights advocates and activists should therefore encourage the democratization of governments.
Human rights advocates should agitate for the education of the masses. This is the single most effective tool for implementation of human rights protection. Education will confer power to the masses to know what the constitution states about human rights. Education will also benefit the culture in general. Some harmful aspects of culture tend to fade almost at the same rate at which the knowledge is acquired. However, this should be done carefully as it may be seen as an attempt to instill foreign ideals. Trying so much to change culture may rekindle images of colonialism. To some people, colonialism is synonymous with human rights violation. The colonialists often denied their subject basic human rights. It may elicit debate, thus diverting attention from the real issue at hand.
Another effective way of ensuring that human rights are respected by all is putting them in the constitution. Human rights advocates can drive constitutional amendments. The amendment should be aimed at enshrining human rights in the constitution of a given country. It is important to note that constitutional amendments are not easy to attain thus calling for more hard work on the part of the human rights advocate.
All human rights advocates should operate under a common code of ethics. This will ensure that there is abuse of the advocacy activities. Those members who fail to meet the minimum ethical requirements should be punished or expelled from the advocacy community. Members should be aware that human rights advocacy is not for profit activity. The public good should come before that of the individual.
No single approach is sufficient to bring changes into any system. It should be emphasized that multiple approaches are necessary if such a change is to be realized in the short time possible. Instant results should not be expected as change often comes gradually. Each African country is unique and as such approaches should be modified to suit individual needs. Some countries have already attained some level of human rights protection and all that is needed is some supporting mechanisms to aid the implementation.
This paper looked at the challenges facing the implementation of human rights protection in Africa. Some challenges that were identified include lack of democracy, lack of goodwill by the leaders, cultural practices and selfish interests by the human rights advocates. Some strategies suggested in this paper included embracing democracy and constitutional amendments.