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By Kofi Oteng Kufuor (auth.)
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Extra info for The African Human Rights System: Origin and Evolution
Sample text
McGowan and Johnson’s thesis is that persistent economic underdevelopment explains the tendency for the military to intervene in domestic political affairs. The nature of underdeveloped economies, their dependence on one or two export commodities for crucial foreign exchange, low returns from labor-intensive production of primary products, and the terms on which they have been integrated into the world economy induce a general pattern of economic stagnation that results in widespread social unrest.
42 In The Social and Economic Rights Action Centre and Centre for Economic and Social Rights v Nigeria,43 the African Commission was guided by the jurisprudence of the European Court of Human Rights in its decision that the authorities in Nigeria had obligations to their citizens based on Article 27 of the African Charter. 44 Thus our argument is that the Commission, inspired by the ECHR and the ICCPR, continues to reject clawback clauses as a defense for the violation of the rights that form the basis of the African human rights system as these clauses have no place in the world system of human rights laws.
In effect, this second view just describes what NGOs did without explaining why they had any impact at all. In our opinion, both positions paint an incomplete picture of the role and impact of NGOs in the origin of the African human rights system. Our argument then challenges the orthodox position on the role of NGOs and elaborates on the second position on the impact of NGOs. We argue here that NGOs actually had a more profound inf luence than has been assumed and that the Charter can be explained in part as compromise between 34 The African Human Rights System African governments on the one hand and an emerging class of NGO activists committed to human rights on the other.