Challenging the Negative Discourse on Human Rights in Africa

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The document analyzes a growing trend among African leaders to prioritize 'traditional values' and 'sovereignty' over universal human rights, often using anti-imperialist rhetoric to shield themselves from accountability. It highlights the role of CSOs in fighting this regressive shift, specifically regarding LGBTI rights, corruption, and the International Criminal Court (ICC), while noting that these organisations face increasing government harassment and restrictive legislation.

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  • African leaders are increasingly using a 'traditional values' narrative to justify authoritarian conduct and stifle discussions on accountability, corruption, and minority rights, citing Article 17(3) of the African Charter which mandates the protection of 'morals and traditional values'.
  • Governments have implemented or proposed laws based on traditional values that infringe on human rights, such as South Africa's 2008 Traditional Courts Bill (which sought to allow forced marriage and deny land access to women), Uganda's 2014 anti-homosexuality law, Nigeria's same-sex marriage law, and a 2014 bill in the Gambia increasing penalties for same-sex relationships to life imprisonment.
  • African leaders use rhetoric of 'Western imperialism' to avoid responsibility for abuses, specifically regarding the International Criminal Court (ICC). This led the African Union (AU) to call for non-co-operation with the ICC and to adopt a June 2014 amendment providing immunity from prosecution for serving heads of state and senior officials for crimes including genocide and war crimes.
  • Civil society organisations (CSOs) are actively challenging regressive human rights trends through regional mobilisation and lobbying. Notable successes include the May 2014 ACHPR resolution on protecting persons from violence based on sexual orientation or gender identity, and the successful legal challenge to Uganda's anti-homosexuality Act in August 2014.
  • CSOs and media are increasingly fighting corruption and state secrecy, exemplified by the Black Monday Movement in Uganda since 2012 and the Right2Know Campaign in South Africa protesting the 2010 Protection of State Information Bill.
  • Governments are responding to increased CSO activism with a backlash that includes arbitrary detention, censorship, and the enactment of restrictive NGO and media laws in countries such as Angola, Burundi, Ethiopia, Kenya, South Sudan, Uganda, Zambia, and Zimbabwe.
  • African CSOs face internal and external vulnerabilities, including a heavy reliance on Western donor aid, which fuels government narratives that they are 'mouthpieces' of foreign interests and makes them susceptible to funding cuts.

Cite the original document

APA
Kasambala, T. (2014). Challenging the Negative Discourse on Human Rights in Africa. South African Institute of International Affairs. https://saiia.org.za/wp-content/uploads/2014/10/Policy-Briefing-104.pdf
Chicago
Kasambala, Tiseke. Challenging the Negative Discourse on Human Rights in Africa. South African Institute of International Affairs, 2014. https://saiia.org.za/wp-content/uploads/2014/10/Policy-Briefing-104.pdf.
Wikipedia
{{cite report |last1=Kasambala |first1=Tiseke |title=Challenging the Negative Discourse on Human Rights in Africa |publisher=South African Institute of International Affairs |date=September 2014 |url=https://saiia.org.za/wp-content/uploads/2014/10/Policy-Briefing-104.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}
BibTeX
@techreport{kasambala2014challenging, author = {Kasambala, Tiseke}, title = {{Challenging the Negative Discourse on Human Rights in Africa}}, institution = {South African Institute of International Affairs}, year = {2014}, month = sep, url = {https://saiia.org.za/wp-content/uploads/2014/10/Policy-Briefing-104.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }

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