Human rights in Africa : will the African renaissance strengthen the international normative order?

[摘要] ENGLISH ABSTRACT:The South African Presidency has played a significant part in championing the AfricanRenaissance vision. Elements of the vision attracting most attention are its supposedrecognition of the importance to continental revival of peace, stability and 'goodgovernance' (including respect for the rule oflaw and fundamental human rights).The question is whether the vision is able to live up to the hope that it signals newrespect by the governors for the human rights of the governed. The fear has beenexpressed that the continent's Renaissance is being crippled in its infancy by anexcessively cautious South African interpretation of the vision, particularly in regard tohuman rights issues.Ex-President Nelson Mandela has urged that, while governments should be mindful ofthe high ideals of human rights, they should be conscious also of a democratic realismthat surrounds the issue. Neglect of human rights is the certain recipe for internal andinternational disaster. Mandela has called for a more comprehensive internationalpolicy of 'democratic realism' to replace the traditional concept of 'realism'''. Thepolicy suggests the protection of diversity both within and between states.Consequently, consideration is given to options for the promotion, deepening anddefence of 'democracy' as a reliable bulwark against the abuse of human rights.Foremost among the options considered is armed humanitarian intervention, includingits possible purposes and effects and, particularly, the reliability and durability of itsoutcomes.John Stuart Mill's arguments are examined concerning the vital necessity of domesticreadiness to best utilise any assistance arising from external intervention. If Mill'sthesis is correct, then President Thabo Mbeki' s approach may be the most appropriatein the circumstances.Devising agreed policies on intervention in African countries where human rightsabuses are intensifying continues to face significant political resistance based on theprioritisation of the principle of non-interference in the internal affairs of a sovereignstate. Mbeki clearly understands African leaders' caution regarding human rightspromotion and protection. National sovereignty is difficult to surrender in a world ofweak allies and strong competitors, which ensure continued state resistance to foreignguidance on democracy and human rights.South African foreign policy suggests a sober reckoning of the complexity and durationof the task of turning around the continental ship. South African foreign policy, initiallyidealistically seen as occupying the 'moral high ground' following the 'democraticmiracle' of 1994, is now more firmly rooted in a 'realist' understanding of the primaryneed for committed and dependable allies, and sensitive to allegations of hegemonicaspirations. Mbeki, consequently, follows a non-confrontational consensus-buildingprocess, ensuring that as many African leaders as possible 'buy in' to the vision and itsprogramme of implementation. He focuses instead on 'educating' and 'encouraging'domestic populations to object to current experiences of forms of rights deprivation.While time-consuming, it may at least produce a solidly grounded policy approach tothe amelioration of the continent's ills.

[发布机构] Stellenbosch University