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To cite this article: Bård A. Andreassen & Dan Banik (2010) EDITORIAL INTRODUCTION:
Human rights and extreme poverty: African dimensions, , 14:1, 4-12, DOI:
10.1080/13642980902933639
EDITORIAL INTRODUCTION
Human rights and extreme poverty: African dimensions
Bård A. Andreassen and Dan Banik
Corresponding author. Email: b.a.andreassen@nchr.uio.no; dan.banik@sum.uio.no
During the last half of the twentieth century, international human rights became a
worldwide and increasingly important political and legal project. After the adoption of
the Universal Declaration of Human Rights in 1948, the ensuing four decades were
mainly concerned with standard-setting and the development of a system of legal instru-
ments. In contrast, and since the 1990s, we have witnessed a more structured focus on
the implementation of human rights throughout the world not least due to the establishment
and expansion of activities of the UN High Commissioner for Human Rights. From the late
1990s, there has also been an increasing attempt to address the issue of development in
human rights terms. This debate has revolved around the concepts of ‘the right to develop-
ment’ and a ‘human rights-based approach to development’. A key actor in these debates
has been the Indian economist Arjun Sengupta, who has made significant contributions
in making human rights central pillars in our conceptual and analytical understanding of
development as a rights-focused normative concept.1
Despite growing support for attempts to redefine development as a normative con-
ception grounded in the human rights doctrine, the concept of human rights remains con-
tested in the development discourse and among development practitioners. In order to
address this field of contention, and make a contribution to the development discourse,
the articles in this volume focus on experiences, opportunities and constraints on human
rights and rights-based approaches to poverty eradication in Sub-Saharan Africa. The
main purpose is to disseminate original research on human rights and poverty reduction
undertaken primarily by African researchers based in the region. The empirical material
is drawn from Uganda, Malawi, Kenya, and Ghana and the articles focus on case studies
where human rights principles have been applied to fight poverty at local, regional and
national levels. Through these empirical studies, the authors examine factors and structures,
including power structures that constrain the implementation of a human rights-based
approach to poverty alleviation and how such constraints may be tackled and overcome.
The thematic focus of the volume thus revolves around the following set of interrelated
questions:
. Where and how do current poverty reduction strategies reflect and include human
rights norms and principles?
. How do structures of social (e.g gender-based) discrimination and marginalisation
generate and sustain poverty?
. How can civil and political rights play an instrumental role in protecting, promoting
and fulfilling subsistence human rights at policy and programme levels?
. How can the poor be empowered to actively participate in decision-making processes
and consequently influence policy outcomes?
. Do judicial and governance reforms lead to an improvement of the poor’s access to
justice and promote socio-economic and cultural rights?
. To what extent can citizens and civil society actors hold the state accountable for
policy failures?
. How and where has a human rights-based approach to poverty reduction been
successfully applied by state and non-state actors in Africa?
. What are the major causes and indicators of extreme poverty?
. What are the major methodological challenges in studying the relationship between
extreme poverty and human rights?
poverty in local and national African contexts. The collection of studies is interdisciplinary,
providing thematic and focused reading material for students and teachers, voluntary organ-
isations, media persons and policymakers. The volume also offers important theoretical and
methodological insights in the study of poverty and human rights.
Background
This work is based on the main findings of the Human Rights and Extreme Poverty
(HUREP) project based at the Centre for Development and the Environment, University
of Oslo – directed by the editors of this volume and financed by the Norwegian Agency
for International Development Research (Norad). An important aspect of HUREP’s
mandate is to organise a series of three international (but regionally-based) conferences
addressing experiences, opportunities and constraints on human rights and rights-based
approaches to poverty eradication in the period 2007 – 2009, with local academic insti-
tutions as responsible partners. The first of these conferences was held in October 2007
in Kampala, Uganda and selected papers presented at this conference have been revised
for publication in this volume. The HUREP project has started with an African focus as
around 315 million people or half of Sub-Saharan Africa’s population survive on less
than one dollar per day. While an estimated 184 million people (or 33%), suffer from
malnutrition, more than 300 million have no access to safe water and less that 50% have
access to hospitals or doctors.2 Today, the average life expectancy in Africa is 41 years.
Indeed, according to the UN Millennium Project, Sub-Saharan Africa will fail to meet
the goals set seven years ago for eradicating global poverty by 2015.
The conceptual linkage between human rights and poverty and the empirical focus of
this volume reflect the rich milieu of development research in Sub-Saharan Africa, and
the articles further reflect the interdisciplinary background of the authors.
. the duty to formulate appropriate national development policies that aim at the
constant improvement of the well-being of the entire population and of all individ-
uals, on the basis of their active, free and meaningful participation in development
and in the fair distribution of the benefits resulting there from;
. the primary responsibility for the creation of national and international conditions
favourable to the realization of the right to development; and
. the duty to co-operate with each other in ensuring development and eliminating
obstacles to development.5
It is inherent in this Declaration and more generally in a human rights approach to devel-
opment that human rights entail legal obligations and political responsibilities for all states
that have ratified human rights law. A set of Guidelines on a Human Rights Approach to
Poverty Reduction prepared by the Office of the UN High Commissioner for Human
Rights (OHCHR) reflects this position and states that a human rights-based approach has
the potential of advancing the goal of poverty and extreme poverty reduction by adopting
poverty reduction strategies that are based on human rights, and entails legal obligation of
the state to introduce policies that are being assessed and publicly monitored.6 Poverty
reduction programmes should, however, address the structures of discrimination that gen-
erate and sustain poverty, and nurture political institutions that secure people’s democratic
rights and freedoms to voice their concerns and engage in decision-making and in develop-
ing their own communities. Only through such engagement that requires a free press, can
those holding political power and authority be held accountable for people’s human rights
to be free from hunger, to enjoy an income that secures an ‘adequate standard of living’, and
access to health provisions and basic education.
Certainly, these general principles of a human rights-based approach should not be seen
as a technocratic checklist that fails to address the conceptual and operational issues
involved in applying these principles in complex societal contexts. They should rather
be considered as important normative dimensions that help to tailor methods to address
development needs in local and national contexts.7 A major obstacle to pursue human
8 B.A. Andreassen and D. Banik
rights-inspired methodologies and approaches for social and economic change is the failure
of political authorities to commit themselves to these principles.
While considerable conceptual headway has been made on the topic, there remain
considerable challenges in harnessing the potential of the human rights-based approach
to poverty reduction and eradication. Poverty reduction strategies should be reformulated
to reflect human rights principles as means and outcome of these strategies. They should
particularly address structures of discrimination that generate and sustain poverty, and be
sensitive of how civil and political rights can play significant roles in poverty reduction
and eradication. A human rights angle also states that economic and social rights are inter-
national human rights and not just programmatic aspirations, and that the poor should be
listened to and given a voice in decision-making that concerns their lives and communities.
Not least, human rights aim to secure that policy-makers are held accountable for the
policies they develop and implement with regard to the vulnerable, excluded and poor
population groups.
In recent times, the international development discourse on human rights and develop-
ment has emphasised and reemphasised the conceptual and operational linkages that exist
between human rights, development and poverty reduction. And the abolition of poverty is
also increasingly being spoken of as a matter of international redistributive justice, with
reference to the protection and promotion of human rights. In addition to the Millennium
Declaration (2000), a further manifestation of this commitment was the appointment –
by the UN – of an Independent Expert on Human Rights and Extreme Poverty. Since
completion of his term as the Independent Expert on the Right to Development, this
position was occupied by Arjun Sengupta in the period 2004 – 2007. This appointment in
two consecutive mandates as Independent Expert offers a unique opportunity to address
the challenge of poverty reduction in the context of work on rights-based approaches to
development. This volume draws on this linkage as Sengupta is a core member of the
HUREP project at the University of Oslo.
Despite growing support for attempts to redefine development issues, including poverty,
as a normative conception grounded in the human rights doctrine, the concept of human
rights remains a contested one in the development discourse and among development prac-
titioners. While some argue that it represents a new conceptualisation of development that
enhances capabilities, sceptics insist on clarifying its ‘added value’ to existing conceptions.
However, the case for bringing in human rights in promoting sustainable development
focuses on the transformative quality of human rights and their advantage of building
upon legal obligations already undertaken voluntarily by governments that have ratified
human rights conventions. Human rights also offer a mobilisation potential that historically
has been an essential mechanism for social movements, popular involvement and social
change. Human rights standards, in this way, provide evaluative norms to address the
neglect of weak or vulnerable groups in development processes.8
A re-orientation of development as human rights promotion and protection helps focus
attention on the basic ends to be achieved by socio-economic and political development
rather than being overly concerned with the means of development. Following Amartya
Sen’s argument that freedom is what development should enhance, the critical sources of
un-freedom, such as poverty and poor economic opportunities, social deprivation, cultural
intolerance or repressive institutions should be effectively removed.9 This understanding
has become increasingly influential in the development discourse, and will be explored
in this volume. We examine the proposal that substantive freedoms and human rights
nurture people’s capabilities to function in social contexts and to seek lives of their own
choice, and that this is effective in removing poverty. It is, however, due time that
The International Journal of Human Rights 9
studies explore how to transform human rights talk into actual improvements in people’s
living standards.10 This is precisely where this volume will provide new insights by
focusing on a handful of poor countries in Africa where attempts have been made – by
both national and international actors – to initiate and consolidate a human rights-based
approach to development.
like the World Bank and the United Nations Development Programme (UNDP) and bilateral
donors are seldom held accountable for failed projects and advice. And if these institutions
cannot be held accountable, then it might be odd to keep insisting on lecturing national
governments to perform their obligations. Banik therefore concludes that in addition to
state capacity to successfully implement a human rights-based approach to development,
we also need to pay adequate attention to the interaction of various non-state actors
(including local elites and the media) that influence policymaking and implementation.
Robert Tumukwasibwe’s topic is the Ugandan parliament and the politics of poverty
reduction in the country. The role of legislatures in formulating anti-poverty policies and
thereafter keeping a check on the performance of the executive in an African context has
received some attention of late and Tumukwasibwe first provides a comprehensive
overview of the literature in the field. He starts with an examination of two conflicting
views – one that is popular among Western donors whereby legislatures are viewed as
playing a key role in poverty-related policymaking and the other less popular view
according to which legislative importance in poverty reduction is potent, which is an
overly exaggerated one since African political systems are catered towards looking after
the interests of profit-making legislators. With this as a starting point, Tumukwasibwe
argues that poverty reduction functions of African legislatures have by and large been
devoid of a human rights-based approach – and consequently such policies have not
made a major impact on poverty reduction. Focusing on the case of Uganda, he critically
analyses the extent to which the Parliament of Uganda has played a central role in the con-
struction of the national anti-poverty agenda and the extent it utilised a human rights-based
approach in its legislative processes. The article goes on to examine the construction of the
poverty reduction agenda in the country as encapsulated in the Poverty Eradication Action
Plan (PEAP). Tumukwasibwe argues that the PEAP like many other programmes before
and after it has lacked a rights-based backbone and that the Ugandan parliament has had
little influence in its formulation and subsequent implementation primarily because it has
been rooted in neoliberalism and a free market ideology. The article concludes that a
people-driven strategy of poverty reduction, rooted in local struggles for self determination,
is required in place of donor-imposed poverty reduction strategies that do not focus on era-
dicating structural injustices. Such a ‘people’s legislature’ would be better able to focus on
viewing poverty as the removal of unequal power relations and usefully supplement a
human rights-based approach by remaining attentive to new forms of struggle for expand-
ing freedoms and countering new forms of exploitation and marginalisation.
The focus of Seodi White’s essay is the ever growing problem of HIV/AIDS. Taking a
starting point in the human rights-based approach and the women’s law approach, White
draws attention to the plight of poor women in Malawi who are highly prone to being
infected with HIV from certain poverty-related behavioural practices that fuel the epidemic.
And they engage in such high risk behaviour due to extreme poverty and gender inequalities
that exist in large parts of the country. The article particularly focuses on three such prac-
tices – tea work for sex, firewood for sex and fish for sex – and demonstrates that women
may be aware of their rights but are unable to exercise them. Thus, governments have a
major responsibility to actively protect, promote and fulfil the right to life which constitutes
the foundation of human existence. In this connection, White identifies some of the major
implementation challenges of the human rights approach which include the presence of
legal pluralism whereby formal laws exist side by side with local cultural, religious and
family norms, in addition to other competing rules and behaviours. This prevents the
political-administrative-judicial system from creating necessary public consensus to
implement development based on human rights. The article concludes by observing that
The International Journal of Human Rights 11
a focus on human rights is an important tool to fight the pandemic in both preventative and
mitigating capacities. For this to happen, however there is an urgent need for an operatio-
nalisation of human rights as a matter of State obligation in the face of a global crisis, by
recognising women as true actors and effective participants in the process of development.
And a first step would be to amplify the voices of the poor and identify the exact duties of
state and non-state actors. A focus on human rights would also make rights holders accoun-
table to each other (e.g. horizontal relationships, in this case men and women).
Gordon Crawford explores how poverty reduction can be addressed through policies
and institutions of decentralisation and by applying human rights-based approaches to
development. He draws on empirical data from the Northern Region of Ghana and finds
a potential synergy between the benefits of decentralisation and a rights-based approach
that is underpinned by local democratic politics. The article addresses firstly to what
extent decentralisation has enabled local rights-holders to make claims for basic rights.
Secondly, it examines to what extent local government duty-bearers have been able to
respond to such claims. The study concludes that in spite of significant constraints, decen-
tralisation has enabled poor communities to make claims for basic rights, often facilitated
by non-governmental organisations (NGOs). However, in spite of this positive relationship
between decentralisation and human rights strategies to poverty eradication, the article also
finds that the approaches of rights-promoting NGOs have been restricted to human rights
education, with little attempt at securing rights through strategies such as community mobil-
isation and alliance building. Another constraint is that local government accountability to
local citizens is often very limited. This seems to stem from democratic deficits in the
national political framework of decentralisation.
Dulo Nyaoro examines a question that has not been given much attention in human
rights research: How do various practices of policing impact on vulnerable social groups
such as refugees and their capacity to pursue strategies for livelihood survival? Through
a series of interviews among refugees in South Africa and Kenya, Nyaoro argues that
existing legal frameworks are inadequate to address this issue, and that hostile host commu-
nities and unfriendly policing exacerbate the survival strategies of poor refugees. He
emphasises two sources of this problem. Poor urban refugees have strong restrictions to
their right of movement and to organise themselves in associations that could help
address the issues at local and national levels. Secondly, refugees are easy targets of
corrupt police officers who either collect money themselves or fail to stop individuals
who run such rackets. These problems are exacerbated by violent police behaviour that
causes physical harm and fear among the refugee population to seek livelihoods in the
public space. This problem, indeed, is increased by the frequent destruction or confiscation
of identity documents preventing them from accessing services that require identification.
The articles presented here do not reflect all dimension of poverty and strategies for
combating poverty that are significant for developing better ways of addressing poverty
in Africa today. However, they address a number of critical issues and empirical experi-
ences in addressing structures and manifestations of poverty form various human rights
angles. Generally, they demonstrate that human rights principles and strategies may be sig-
nificant ways of thinking about and practicing pro-poor policies, yet human rights strategies
face serious political and social constraints and obstacles in empirical contexts. Often these
strategies do not address the human rights issues that are most pressing for the poor, and
which cause patterns of social exclusion and discrimination. Human rights approaches
must, therefore, be further developed to include new ways of making public institutions
and authorities accountable for the basic and fundamental economic and social rights of
the poor.
12 B.A. Andreassen and D. Banik
Acknowledgements
We wish to thank Maren Aase (Co-ordinator of the HUREP project at the University of Oslo) and
Alex Middleton (Routledge & Taylor and Francis Group) for excellent assistance in connection
with this special issue.
Notes
1. A. Sengupta, ‘On the Theory and Practice of the Right to Development’, Human Rights Quar-
terly 24 (2002): 837– 89; A. Sengupta et al., eds, Reflections on the Right to Development (New
Delhi: Sage Publications, 2006); A. Sengupta, ‘Report of the independent expert on the question
of human rights and extreme poverty, Arjun Sengupta’ (Human Rights Council, 5th Session,
A/HRC/5/3, 31 May 2007).
2. United Nations, ‘The Millennium Development Goals Report’ (New York: United Nations,
2005), http://www.unfpa.org/icpd/docs/mdgrept2005.pdf (accessed February 17, 2009).
3. D. Banik, ed., Poverty, Politics and Development: Interdisciplinary Perspectives (Bergen:
Fagbokforlaget, 2006), 11.
4. Ibid.
5. UN General Assembly, Declaration on the Right to Development. Resolution adopted by the
General Assembly, 4 December 1986, A/RES/41/128, http://www.unhcr.org/refworld/
docid/3b00f22544.html.
6. OHCHR, ‘Draft Guidelines: A Human Rights Approach to Poverty Reduction Strategies’
(Geneva: OHCHR, 2002), http://www.unhchr.ch/development/povertyfinal.html.
7. B.A. Andreassen, ‘The Human Rights and Development Nexus: From Rights Talk to Rights
Practices’, in Poverty, Politics and Development: Interdisciplinary Perspectives, ed. D. Banik
(Bergen: Fagbokforlaget, 2006), 298 –323; B.A. Andreassen, ‘Development, Capabilities,
Rights: What’s New about the Right to Development and a Human Rights Approach to
Development?’ in Human Rights and Criminal Justice for the Downtrodden: Essays in
Honour of Asbjørn Eide, ed. M. Bergsmo (Leiden: M. Nijhoff Publishers, 2003), 211–233.
8. Andreassen 2006, 320 –1.
9. A. Sen, Development as Freedom (New York: Anchor Books, 1999), 3.
10. Andreassen, ‘The Human Rights and Development Nexus’, 321–2.