The African Charter for Popular Participation in Development and Transformation: A Critical Review
| Author | Kofi Oteng Kufuor |
| Date | 01 March 2000 |
| Published date | 01 March 2000 |
| DOI | 10.1177/092405190001800102 |
| Subject Matter | Part A: Articles |
Part A: Articles
The African Charter for Popular Participation in Development
and Transformation: A Critical Review
Kofi Oteng Kufuor'
Abstract
This article analyses the provisions
of
the African Charter
for
Popular Participation. It
notes the importance
of
the Charter's main provisions and underscores the point that some
of
these provisions are rather innovative. The article points out that this has been made
possible by the participation
of
a large number
of
non-State actors in the drafting
of
the
Charter. It suggests, however, that some provisions
of
the Charter should be revised in
order to strengthen it and reinforce the claim
of
Africa's citizens to participate in decision-
making.
Introduction - An Overview of the Notion of Popular Participation
The right
of
individuals to participate in decision-making is written into several human
rights instruments. For example, provisions on participation in government are in the
Universal Declaration of Human Rights (UDHR), lthe International Covenant on Civil
and Political Rights (ICCPR),2 the African Charter on Human and Peoples' Rights (the
Banjul Charter),' and the American Convention on Human Rights." This is therefore
indicative for the importance of the concept
of
popular participation within the general
corpus of international human rights law.
It is trite to also point out that popular participation has been recognised as vital in the
successful resolution
of
conflicts. Thus, for example, the peace treaties aimed at settling
the Liberian conflict went from settlements that chiefly outlined a role for the armed
factions, to agreements that incorporated the unarmed civilian population as well.' The
importance
of
participation by ordinary people in the resolution
of
the conflict was
BA University
of
Science and Technology, Ghana. LL.M London School of Economics. Research Fellow,
School of Law, University of East London and Associate Fellow, Royal Institute
of
International Affairs.
See Article 21 UDHR, GA Resolution 217 III, 10 December 1948, reprinted in: Ian Brownlie (ed.), Basic
Documents in International Law, Clarendon Press, Oxford, 1995, pp. 255-261, text begins at p. 256.
See Article 25 ICCPR, UNGA Resolution 2200 XXI, 16 December 1966, in: ibidem, pp. 276-297.
See the African Charter on Human and Peoples' Rights (1981), Article 13(1), reprinted in: International
Legal Materials, Vol. 21,
No.1,
1982, pp. 58-68, text begins at p. 59.
American Convention on Human Rights (1969), reprinted in: IanBrownlie (ed.), Basic Documents on Human
Rights, Clarendon Press, Oxford, 1992, pp. 495-520, text is at p. 496.
The first major agreement aimed at reconciling the warring factions in Liberia was concluded in 1991. This
was the Final Communique of the Third Meeting on the Liberian Crisis. This agreement made no mention
of citizen participation. See Mark Weller (ed.), Regional Peacekeeping and International Enforcement: The
Liberian Crisis, Cambridge University Press, Cambridge, 1994, pp. 175-179. In 1993 another major peace
agreement, the Cotonou Accord, also failed to mention popular participation, ibidem, pp. 343-352.
Netherlands Quarterly
of
Human Rights, Vol. 18/1,
7-22,
2000.
CO
Netherlands Institute
of
Human Rights
(81M).
Printed in the Netherlands. 7
in Development" and
at a Conference" held in
NQHR
1/2000
emphasised by the Transitional Government," which noted that the restoration
of
popular
democracy would support its efforts to appease all
of
the country and successfully bring
hostilities to an end.'
The international community's efforts to combat global environmental problems have
also acknowledged the importance
of
popular participation as a key factor for success. At
the United Nations Conference on the Environment and Development (1992), the
participants stressed the importance
of
citizen participation in environmental decision-
making. The Rio Declaration" adopted by the participants at this Conference asserted the
importance
of
citizen participation in dealing with environmental issues and asserted that
at the national level, States should undertake to involve individuals in decision-making
processes."
The World Bank has also stressed the importance
of
popular participation as an
important factor in its plans for the economic development
of
the world's poorest
countries. The Bank's past practice has led it to conclude that popular participation is a
determinant for the success
of
its development projects. Hence the Bank has begun to
recognise the role
of
non-governmental organisation (NGO) participation in strengthening
the effectiveness
of
its development projects.10
The African Charter for Popular Participation
Transformation" (hereinafter the Arusha Charter), adopted
The Transitional Government administered Liberia from 1994 to 1997 until the Council
of
State replaced
it. See Kofi Oteng Kufuor, 'Postscript: Developments in Liberia', in: Hazel Fox (ed.), The Changing
Constitution 0/the United Nations, British Institute
of
International and Comparative Law, London, 1997,
pp. 117-120, at pp. 117-118.
See Kofi Oteng Kufuor, 'Developments in the Resolution
of
the Liberian Conflict', American University
Journal 0/ International Law and Policy, Vol. 10, 1994, pp. 373-396, at pp. 388-389 and 392-393.
Declaration
of
the UN Conference on Environment and Development, Rio de Janeiro, 3-14 June 1992,
reprinted in: Patricia W. Birnie and Alan Boyle (eds.), Basic Documents on International Law and the
Environment, Clarendon Press, Oxford, 1995, pp. 9-14.
Ibidem, Principle 10.
10 For examples
ofNGO
participation in World Bank project, see Ibrahim F.I. Shihata,
'The
World Bank and
Non-Governmental Organizations', Cornel/International Law Journal, Vol. 25,
No.3,
1992, pp. 623-641,
at pp. 632-633.
II
Defining development is beyond the scope
of
this article. However, it is generally accepted that the concept
of
development is open to different interpretations. Basically, three connotations
of
development are said to
exist. In the first instance development is regarded as economic growth. This process is marked by increases
in labour productivity, a fall in agriculture's share
of
total output, technological advancement, and
industrialisation, with resultant high rates of urbanisation. The second connotation
of
development has as its
focus indices such as a drop in levels
of
poverty, more equitable income distribution, improvements in
nutrition, a drop in the infant mortality rate, greater life expectancy, higher levels
of
literacy, improvements
in education, falling levels
of
unemployment, better housing, and improvements in water supply. At the core
of
the third meaning
of
development is the emphasis on the realisation
of
human capabilities characterised
in terms such as human dignity, self-respect,social emancipation, and enhancement
of
moral, intellectualand
technical capabilities. See Dharam Ghai, Participatory Development: Some Perspectives/rom Grass-Roots
Experiences, United Nations Research Institute for Social Development Discussion Paper 5, Geneva, 1988,
p.2.
11 The Charterwas adopted at the Conference in Arusha, 12-16 February 1990, see UN Doc. E/ECA/CM.16/11.
This Conference was officially known as the International Conference on Popular Participation in the
Recovery and Development Process in Africa.
13 The objectives
of
the Conference were to: (a) Recognize the role
of
people's participation in Africa's
recoveryand development efforts; (b) Sensitize national governments and the international cornmunity to the
dimensions, dynamics, processes and potential
of
adevelopment approach rooted in popular initiatives and
self-reliant efforts; (c) Identify obstacles to people's participation in development and define appropriate
8
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