The Right to Self–determination and Individual rights in the Era of Decolonization in Sub-Saharan Africa: The Case of UNESCO.
KeywordHuman rights, Individual rights, Group rights, Inequality, Self-determination, Decolonization, Sub-Saharan Africa
Rights© 2011 David Publishing. Published Open Access and reproduced in accordance with the publisher's self-archiving policy. This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
MetadataShow full item record
AbstractThis paper examines the conceptual origins of individual rights that shaped the UN and UNESCO model of human rights and the origins of group rights as they emerged in the post–colonial era to challenge inequality. It argues that the idea of rights to self determination, associated initially with decolonization in Africa based on equal statehood status in international relations, has, since decolonization, reinvigorated the promotion of group or peoples’ rights as a framework for challenging poverty and inequality, including access or rights to development.
Versionpublished version paper
CitationMorvaridi B (2011) The Right to Self–determination and Individual rights in the Era of Decolonization in Sub-Saharan Africa. Journal of History Research, 10(1): 19–35.
Link to publisher’s versionhttp://www.davidpublisher.org/index.php/Home/Journal/detail?journalid=45&jx=hr
Showing items related by title, author, creator and subject.
Federalism and Conflict Management in Ethiopia. Case Study of Benishangul-Gumuz Regional State.Francis, David J.; Gebremichael, Mesfin (University of BradfordDepartment of Peace Studies, 2012-02-13)In 1994 Ethiopia introduced a federal system of government as a national level approach to intra-state conflict management. Homogenisation of cultures and languages by the earlier regimes led to the emergence of ethno-national movements and civil wars that culminated in the collapse of the unitary state in 1991. For this reason, the federal system that recognises ethnic groups¿ rights is the first step in transforming the structural causes of civil wars in Ethiopia. Against this background this research examines whether the federal arrangement has created an enabling environment in managing conflicts in the country. To understand this problematic, the thesis conceptualises and analyses federalism and conflict management using a qualitative research design based on in-depth interviewing and content-based thematic analysis ¿ taking the case study of the Benishangul-Gumuz regional state. The findings of the study demonstrate that different factors hinder the federal process. First, the constitutional focus on ethnic groups¿ rights has led, in practice, to lessened attention to citizenship and minority rights protection in the regional states. Second, the federal process encourages ethnic-based elite groups to compete in controlling regional and local state powers and resources. This has greatly contributed to the emergence of ethnic-based violent conflicts, hostile intergovernmental relationships and lack of law and order along the common borders of the regional states. Third, the centralised policy and decision making process of the ruling party has hindered genuine democratic participation of citizens and self-determination of the ethnic groups. This undermines the capacity of the regional states and makes the federal structure vulnerable to the dynamics of political change. The conflicts in Benishangul-Gumuz emanate from these causes, but lack of territorial land use rights of the indigenous people and lack of proportional political representation of the non-indigenous people are the principal manifestations. The research concludes by identifying the issues that determine the sustainability of the federal structure. Some of them include: making constitutional amendments which consider citizenship rights and minority rights protection; enhancing the democratic participation of citizens by developing the capacities of the regional states and correcting the organisational weakness of the multi-national political parties; encouraging co-operative intergovernmental relationships, and maintaining the territorial land use rights of the Benishangul-Gumuz indigenous people.
DES Working Paper No 1: A Paler Shade of Litigation: Still more confusion in Musical Property Rights.Cameron, Samuel (Department of Development and Economic Studies, University of Bradford, 2009-01)This paper gives an economic analysis of the judicial decisions in the disputes over authorship of Procol Harum's 'A Whiter Shade of Pale'. The first legal contest took place in 2006, 39 years after the song was written and was found in favour of the plaintiff (Fisher), in the first case he has brought against Brooker-Reid, in terms of his right to authorship. He was deemed to merit 40% of the musical composition rights but only from the date of his application onwards. However the case went to appeal with the result that in April 2008, it was found that although Fisher was still entitled to the authorship status he had been granted that he was not now entitled to any share whatsoever of the composing royalties. This case is partly unusual in that the judge, in the initial case, had formal musical training and saw fit to interpolate this human capital into the proceedings. The defendants made a number of remarks about the nature of the precedent set and its implications which can be usefully discussed in terms of economic models of production. In the appeal hearing one of the reasons given for the decision reached was the argument that the previous cases set an unfortunate precedent detrimental to composers of pop/rock music. The 'rock and pop' music production mode is discussed here with reference to this and other pertinent cases.
Social and political elements of inclusive practiceSolas, John (2016-02-25)Laying claim to highest attainable standard of health is a human right. Support for this right is provided by the United Nations Declaration of Human Rights (United Nations [UN], 1948) and a small number of legally binding international treaties. Among the most important of these for health are the International Covenant on Economic, Social, and Cultural Rights (ICESCR) (UN, 1966a) and the Convention on the Rights of the Child (CRC) (UN, 1989). Both these human rights treaties are legally binding for those countries that have ratified them. The ICESCR, in particular, articulates a comprehensive view of the obligations of state members of the United Nations (UN) to respect, protect and fulfil the right to the enjoyment of the highest attainable standard of physical and mental health – known as ‘the right to health’. It provides for both freedoms, such as the right to be free from non-consensual and uninformed medical treatment, medical experimentation, or forced HIV testing, as well as entitlements. These entitlements include the right to a system of protection on an equal basis for all, a system of prevention, treatments and control of disease, access to essential medicines, and services for sexual and reproductive health; and access to information and education about health for everyone. The Committee on Economic, Social, and Cultural Rights (ECSCR) monitors compliance with these provisions. Most states have ratified the ICESCR, and all but two (Somalia and the US) have ratified the CRC.