THE RIGHT TO DEVELOPMENT: AN APPRAISAL WITHIN THE CONTEXT OF THE AFRICAN CHARTER ON HUMAN AND PEOPLE’S RIGHTS.

Author: Orock Kelly Agbor Esq

Title of the dissertation: The Right to Development: An Appraisal within the Context of the African Charter on Human And People’s Rights.
The year of publication at HRLRC: July 2, 2025
Name of the Website: Human Rights and Legal Research Centre,

Publication Link: https://zrl.ypj.mybluehost.me/2025/07/02/the-right-to-development-an-appraisal-within-the-context-of-the-african-charter-on-human-and-peoples-rights/

ABSTRACT

CHAPTER ONE

GENERAL INTRODUCTION

The right to development has found expression in some human rights treaties, not least in the African Charter on Human and People’s rights. Although it is still in doubt whether the said right is justiciable, developing countries, mostly in Africa, due in part to their developmental agenda, have placed emphasis on this right. This right is interpreted to mean a comprehensive economic, social, cultural and political process, which aims at the constant improvement of the well-being of the entire population and all individuals on the basis of their active, free and meaningful participation in development process.  The right to development is importance and has a legal force in the African Charter on Human and Peoples Rights. In other to strengthen commitment towards the right to development in Africa, member states to the OAU adopted development plans such as  the Monrovia Declaration of Commitment of Heads of States and Governments to the Guidelines for National and Collective Self-reliance in Social and Economic Development for the Establishment of a New International Economic Order in July 1979 This dissertation discusses the evolution and nature of the right to development in the background to the study, highlights the problems that necessitated the research, the methodology employed during the study as well as the objectives, significance and justification for the study among others.

1.1 BACKGROUND TO THE STUDY

One of the purposes of the United Nations (UN) Charter is   to achieve International co-operation in solving international problems of an economic, social, cultural, or humanitarian character and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.^[1]

In the same vein, the Universal Declaration of Human Rights declares that ‘everyone is entitled to a social and international order in which all human rights can be fully realized’.^[2]  Out of these premises addressing human welfare, the right to development (RTD) was born. However, this right is the subject of a broad controversy. The lack of consensus on its status and significance is not limited to academics. Even at the United Nations (UN), the main forum for inter-governmental debates, the RTD remains a matter of serious contention.  In fact, it has been 24 years since the UN General Assembly formally recognized the RTD,^[3]  17 years since an agreement involving all governments was reached on the RTD ^[4] and 12 years since the establishment of an Open Ended Working Group (the Working Group) and the designation of an Independent Expert on the RTD^[5] and 6 years since the UN High-Level Task Force on the implementation of the RTD was established^[6] (in the framework of the Working Group on the     RTD). Nonetheless, in spite of this intense activity on the RTD, the international community is yet to have a legally binding agreement dealing with this right. 

The right to development is an inalienable human right by virtue of which every human being entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms are fully realized.^[7] The full realization of peoples’ right to self-determination includes; though subject to the relevant provisions of both covenant on human rights, the full sovereignty over    natural   resources. These rights are political,^[8] economic,^[9] cultural^[10] and social^[11] in nature.

The RTD is very controversial in most Western states with the USA as its main opponent. The economic, social and cultural rights (second generation human rights) are definitely inferior to civil and political rights (first generation human rights) and the RTD (a third generation human right) was given meaningful attention.^[12] This view has been debunked by an independent expert on the RTD arguing that the achievement of economic, social and cultural rights is vital to the implementation of the RTD and had chosen the rights to health, adequate food, and education for his studies on how to implement the right.^[13]  It is important to note that the Independent Expert on the RTD did not claim that economic, social and cultural rights were paramount or should be implemented to the detriment of civil and political rights.^[14] On the contrary, he stressed the interdependence of all human rights and noted that:^[15]

it is not merely the realization of those rights; civil and political and economic, social and cultural rights  individually, but the realization of them together in a manner that takes into account their effects on each other, both at a particular time and over a period of time. Similarly, an improvement in the realization of the RTD implies that the realization of some rights has improved while no other right is violated or deteriorated.  

The African Charter of Human and Peoples’ Rights^[16] (ACHPR) is the only human rights framework, together with its protocol on women’s right in Africa in which the RTD is binding or has legal force. In other words, the ACHPR sets obligatory standards that states cannot bargain away, or negotiate. In fact, state parties to the ACHPR intended to create legal rights and duties.  It could therefore be argued that in the ACHPR, the RTD is a legal right which should be fulfilled by state parties. Article 22(1) of the ACHPR reads as follows:  

“All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind.” States shall have the duty, individually or collectively, to ensure the exercise of the right to development. This development is viewed as an aspect of African contribution to the human rights exchange. Evans and Murray posits: ‘The African Charter is unique in codifying a legally binding right to development upon states’,^[17] and while Baxi sees this inclusion as ‘the development of the right to development’^[18] by Africa. Nevertheless, in spite of this formal achievement, Africa remains one of the poorest or most underdeveloped regions in the world or rather the region where the RTD is far from being achieved.

In Africa, to tackle the problem, African leaders through the Organization of the African Unity (OAU),^[19] adopted development plans such as  the Monrovia Declaration of Commitment of Heads of States and Governments to the Guidelines for National and Collective Self-reliance in Social and Economic Development for the Establishment of a New International Economic Order in July 1979, ^[20]the Lagos Plan of Action for the Economic Development of Africa, 1980-2000 (LPA) and the Final Act of Lagos; ^[21]Africa’s Priority Programme for Economic Recovery 1986-1990 (APPER),^[22] the Abuja treaty,^[23]  the African Charter for Popular Participation for Development (Charter on development) (1990);^[24]  and most importantly the conversion of the Organisation of African Unity (OAU) into the African Union (AU)^[25] and finally the adoption of the New Partnership for Africa’s Development (NEPAD)^[26] and the African Peer Review Mechanism (APRM)^[27]  which are among the latest African initiatives.

While NEPAD is the economic and development plan of the AU, the APRM is aimed at ensuring self-monitoring through the Declaration on Democracy, Political, Economic and Corporate Governance.^[28]  Rukato observes:^[29]   

While NEPAD is the program of action for pursuing the socio economic objectives of the AU Constitutive Act, its APRM is an instrument for monitoring that the principles, priorities and objectives of the Constitutive Act are not only incorporated in the socio economic programs of individual countries and regions, but also upheld and enforced.  

In this vein, NEPAD is the developmental machine of the AU^[30] which has a clear human rights mandate. According to this mandate, the AU has the obligation to ‘promote and protect human and peoples’ rights, consolidate democratic institutions and culture, and to ensure good governance and the rule of law’^[31], ‘to promote democratic principles and institutions, popular participation and good governance’^[32],  to ‘promote and protect human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights (the right to development) and other relevant instruments’^[33] to ensure the right to ‘participation of the African people in the activities of the Union’^[34],  to ‘ensure respect for democracy principles, human rights, the rule of law and good governance’;^[35] to ‘promote gender equality’^[36], ‘social justice to ensure balanced economic development’^[37] and finally to promote human rights, the Union condemns and rejects ‘unconstitutional change of government’.^[38]  

The right to development is provided under article 22 of the African Charter on Human and People’s Rights. This right has been guaranteed to an extent based on some decided cases by the African Commission on Human Rights.  For example in William A Courson v Zimbabwe: Communication 136/94^[39], Bakweri Land Claims Committee v Cameroon: Communication 260/02^[40] , Democratic Republic of Congo v Burundi, Rwanda and Uganda: Communication 227/99^[41], Sudan Human Rights Organisation (SHRO) & Centre on Housing Rights and Evictions (COHRE) v Sudan: Communication 279/03-296/05^[42] are all succinct examples on the protection and guarantee of the right to development.The role of the commission was materialized when one considered the case of Kevin Mgwanga Gumne, et al. v. Cameroon,^[43] which is also known as the “Southern Cameroon” case. The complainants alleged economic marginalization by the Government of Cameroon as well as denial of economic infrastructure. They contended that their lack of infrastructure, and in particular the relocation of an important sea port from their region, constituted a violation of their right to development under article 22 of the African Charter. The Commission’s decision places considerable value on the discretion of States parties to decide on how scarce economic resources are to be allocated. It held that the respondent State was “under obligation to invest its resources in the best way possible to attain the progressive realization of the right to development …”^[44]  While agreeing that this may not reach all parts of its territory to the satisfaction of all individuals and peoples, hence generating grievances,^[45] yet that alone, in the Commission’s judgement, could not be a basis to find a violation of article 22. It could be seen that not only did this decision prioritize political discretion; it also consigned the right to development to the conundrum of “progressive realization”, a limitation more popular with the better-established kinds of economic, social and cultural rights. This research will investigate the concept as applicable within the Charter.

1.2 STATEMENT OF THE PROBLEM

According to the African human rights regulations, there is absolutely no doubt that the right to development is binding within the African human rights structure. However, in reality, Africa remains underdeveloped despite a development program/institution known as NEPAD that seem to act as the missing link for the realization of development in the continent . Africa’s poor economic performance is one of the largest puzzles in growth and development economics.^[46]    As per  Nathan, if the slave trade had not occurred, then 71%% of the average income gap between Africa and the rest of the world would not exist today and 99% of the income gap between Africa and the rest of the world would not exist.^[47]

Further, the argument that the right to development is not justiciable poses challenges to its realization. The responsibility of the state towards achieving the right to development appears less strong than its responsibility towards some other categories of rights. Since states can only realize this right on a progressive basis and subject to the availability of resources, states can always justify their unwillingness to engage this process on the lack of resources.

1.3 RESEARCH QUESTION

There are the main and specific research questions

1.3.1 Main Research Question

How effective is the right to development guaranteed by the African Charter on Human and Peoples Right?

1.3.2 Specific Research Question

• What is the concept and nature of the right to development within the African Charter on Human and Peoples Right?
• What is the regulatory framework for the right to development?
•    How effective is the right to development in Africa?
• What recommendations could be advanced to guarantee the respect of the right to development in Africa?

1.4 OBJECTIVE OF THE STUDY  

The objective of the study is divided into general and specific research objectives.

1.4.1 General Research Objective

To examine the effectiveness of the rights to development guaranteed in the African Charter on Human and peoples right  

1.4.2 Specific Research Objective

• To examine the concept and nature of the right to development within the African Charter on Human and Peoples Right
• To analyze the regulatory framework on the right to development.
• To critically access the effectiveness of the right to development in Africa
• To make policy recommendations aimed at improving the effectiveness of the right to development in Africa.

1.5 RESEARCH METHODOLOGY

 The research methodology adopted by the researcher is qualitative which is ideal for legal research. Qualitative research is a process of naturalistic inquiry that seeks an in-depth understanding of social phenomenon within their natural setting.[48] It focuses on the why and not what of social phenomena and relies on the direct experiences of human beings as meaning making agents in their everyday lives. It is useful as it focuses on social facets of the law and determines how law and legal institutions affect human attitudes and their impacts on society. It is suitable for this research as it will help in the understanding of the concepts under study through opinion of those who will form part of the interviewers.

The main research method employed is doctrinal which collates and synthesizes the critical analyses of primary and secondary data in order to assess the extent to which the right to development is guaranteed under the African Charter on Human and Peoples Right. Doctrinal research is library based research and most common methodology employed by those undertaking research in law. Doctrinal research asks what the law is in a particular case. It is concern with the analyses of the legal doctrine and how it was developed and applied. The method was used to have a comprehensive analysis of the sources which provides theoretical knowledge.

The primary sources include treaties, declarations, and resolutions. Also, this study collects and analyses secondary sources of data principally from text books, reports, commentaries, encyclopedias and periodicals like journals article, thesis, and reports as well as internet. 

Another research method adopted is unstructured interviews. Unstructured interview is a data collection method in which question asked are not premeditated. Instead, the interviewer asks open-ended questions and relies on the participant’s answers to proceed with the interview and collect detailed data for the research topic.   This research considers over 15 carefully selected participants for the interview; those with in-depth knowledge of African right to development. Amongst the participants are; experts in African Law, international human  rights law scholars, international law experts, Members of Human rights NGOs and Academicians in the area of international law.  Such information will aid the researcher is her analyses and conclusion.

1.6 LITERATURE REVIEW

This thesis builds on the existing literature on the Right to development in Africa.  Claude Welch Jr and Ronald Meltzer^[49]   clarify the link between human rights and development. To these authors, human Rights and Development in Africa focuses on the variety of typical and significant human rights issues that trouble the African continent. They explore these issues in an interdisciplinary manner, provides domestic, regional, and international perspectives for assessing the situation. Among the topics given detailed attention are  practices in Southern Africa, women’s rights, Islamic thought, the legal and historical background to the African Charter, the role of nongovernmental organizations in protecting African human rights, and the treatment of human rights and development issues in various North-South contexts. In addition, they provide a guide to library resources, a lengthy bibliography, the text and substantive assessment of the African Charter, and an integrative overview of major problems in defining and protecting rights in Africa.  This work is important to the research as both sees the relationship between development and  human rights. Simply put, development is a human right. However, the work under research further discusses the right of development within the African Charter context and the extent of state parties’ commitment.

Carol Chi Ngang^[50]    provides a conceptual analysis of the human right to development with a de-colonial critique of the requirement to have recourse to development cooperation as a mechanism for its realization. In his argumentation, the setbacks to development in Africa are not necessarily caused by the absence of development assistance but principally as a result of the lack of an operational model to steer the processes for development towards the highest attainable standard of living for the peoples of Africa. Basing on the de-colonial and capability theories, he posits for a shift in development thinking from dependence on development assistance to an alternative model suited to Africa, which he defines as the right to development governance.  African sees development I the light of European imperialist. We do not believe on our own ability to enhance the continent towards developmental attainment. Thus colonialism has helped in hampering developmental moves in the continent. This work is informative to this research in that apart from Analyzing the concept of development, the author further sees lack of a mechanism to foster developmental process within the continent. However, the research under study further treats the regulatory framework on the rights of development as well as the effectiveness of the right to development.

 Rebecca Browning^[51]acknowledges the fact the United Nations Office of the High Commissioner for Human Rights recently marked 2011 as the 25th anniversary of the UN Declaration on the Right to Development.^[52] Unfortunately, the OHCHR acknowledged that the Declaration has had little significant practical impact:

‘Many children, women and men – the very subjects of development – still live in dire need of the fulfilment of their entitlement to a life of dignity, freedom and equal opportunity. This directly affects the realization of a wide range of civil, political, economic, social and cultural rights’.^[53]

Despite the office’s bleak conclusions on the state of human development, there is new jurisprudence emerging from Africa promoting the right to development as a justiciable human right. In a landmark decision, the African Commission on Human and People’s Rights made a recommendation vindicating the right to development of the Endorois People. They alleged that Kenya had infringed their right to social, cultural and economic development under Article 22 of the African Charter on Human and People’s Rights  in Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v Kenya  issued in May of 2009.^[54] She   holds that  particularly important as it ensures that states whose actions negatively affect access to commodities essential to the continued livelihoods of indigenous peoples are subject to scrutiny instead of being ignored, thus contributing to the emerging jurisprudence and scholarly debate on the right to development in Africa. The author brilliant states the strengths behind the right to development framework and justifies the need to development as a right for the African continent. However, the research under study further treats the regulatory framework on the rights of development as well as the effectiveness of the right to development.

Laure-Hélène Piron^[55]   addresses the Right to Development on a report Review of the Current State of the Debate for the Department for International Development. His report focused on assessing the relevance of the Right to Development for development policy and practice, and to make practical recommendations to the   department for International Development. He sees it as a relatively new human rights concept. Its content, nature and status are still contested by academic scholars, and the intergovernmental process aiming to reach a political consensus on its meaning and practical interpretation is highly politicized. He defines the RTD to it as contain: (i) The human person is at the centre of development; (ii) The process of development should be respectful of all human rights. Development should in particular respect the rights of participation; (iii) Development should promote social justice; and (iv) States have the primary responsibility for realizing the Right to Development at the national level, but also through appropriate international policies and international co-operation. As per the author, in the past, the Right to Development was interpreted by some as creating an international legal obligation on the part of developed countries to provide development assistance to developing countries. Such a legally binding obligation is rejected by developed countries, and is not supported by an analysis of the status of the Right to Development under international law. Though the Right to Development is an academically and politically contested concept, the debates surrounding its interpretation can shed some new light on international development policy and practice. His  report argues that the new “partnership approach” to development (one based on shared responsibilities and mutual commitments between developed and developing countries and international organisation) is fairly consistent with a contemporary interpretation of the Right to Development. However, such a partnership approach does not place human rights at the Centre of the development process, and does not consider development as a human right. This report makes a case for DFID, and other development agencies, to take the Right to Development debate seriously. This is not because the Right to Development is, in and of itself, a useful concept that should, for example, replace the internationally agreed objective of eradicating world poverty. The justification is more pragmatic, and is grounded on the importance of the United Nations as a key pillar of peaceful international relations, and for the promotion and protection of human rights. At the practical level, there appears to be a gap between the United Nations human rights standard-setting processes and current development thinking. Like the focus of this research, this author discusses the importance and relevance of the right to development from an international approach and the obligation of state parties in committing to same. However, the research under study further treats the regulatory framework on the rights of development as well as the effectiveness of the right to development.

Isabella D Bunn^[56] posits that, measure of political and academic controversy has long accompanied the emergence of the right to development. The debate on the legal significance of the right ranges from hailing it as a major breakthrough in the history of human rights to debunking it as a distracting-if not dangerous-ideological initiative. Two strands of United Nations standard-setting are relevant to this inquiry: human rights law and international development law.^[57] The 1948 Universal Declaration of Human Rights” urges all nations to respect specified rights and freedoms. While several of these rights are in the civil and political realm, a number expressly pertain to economic concerns.^[58] As early as 1957, the UN General Assembly affirmed “that a balanced and integrated social and economic development would contribute towards the promotion and maintenance of peace and security, social progress and better standards of living, and observance of, and respect for, human rights and fundamental freedoms for all”.^[59] An International Conference on Human Rights, held in Teheran in 1968, asserted the profound interconnection between the realization of human rights and economic development.^[60] He further establishes the efforts of the United Nations for   over the last thirteen years, it has adopted a range of new policies and programs, which can only be touched upon here.^[61] Secretary General Kofi Annan’s organizational reforms emphasize the centrality of human rights to all activities within the UN system. Thus, efforts to ensure peace and security, to provide humanitarian relief, or to promote development, must all consider the cross-cutting nature of human rights.  Furthermore, the right to development features prominently in the mandate of the UN High Commissioner for Human Rights (UNHCHR). It has been the subject of a global consultation^[62] and of four different expert working groups. Further, a variety of UN World Conferences, including the 1993 World Conference on Human Rights in Vienna, have reiterated and reaffirmed the right to development as a universal and inalienable right and an integral part of fundamental human rights. The UNDP outlines three levels of commitment to human rights. It “works for the full realization of the right to development,” particularly in the eradication of poverty.^[63] This work is symbiotic to the research under study as both sees the link between human rights and economic development. Both acknowledge the fact that social and economic development would contribute towards the promotion and maintenance.  However, the research under study further treats the regulatory framework on the rights of development as well as the effectiveness of the right to development.

Arts, K. Tamo^[64]   holds the view that the right to development (RTD) is contested in international law, politics and practice. This remains the case, despite the 30-year existence of the United Nations Declaration on the Right to Development (UNDRTD), the many substantive leads that current international law provides, and the renewed inspiration that can be drawn from Agenda 2030 and its sustainable development goals. This article explores whether there is a possible new momentum for the RTD in international law. The very latest development in the UN history of the RTD is the controversial Human Rights Council decision to appoint a Special Rapporteur on the RTD (for a period of three years as of September 2016),^[65] mandated to contribute to the UN Working Group on the Right to Development and to ‘the promotion, protection and fulfilment of the rights to development in the context of the coherent and integrated implementation of the 2030 Agenda for Sustainable Development and other internationally agreed outcomes of 2015’.^[66] In addition, the new Special Rapporteur is supposed:

To engage and support efforts to mainstream the right to development among various United Nations bodies, development agencies, international development, financial and trade institutions, and to submit proposals aimed at strengthening the revitalized partnership for sustainable development from the perspective of the right to development.

As per Arts, most general vision on the action perspective that emerges from the existence of the RTD is provided in the closing provision of the United Nations Declaration of the Right to Development (UNDRTD) ‘Steps should be taken to ensure the full exercise and progressive enhancement of the right to development, including the formulation, adoption and implementation of policy, legislative and other measures at the national and international levels’.This formulation reinforces the idea that States are the primary duty bearers in relation to the RTD as policy-making, law-making and the adoption of other measures are largely, if not exclusively, within the domain of the State. The only implementation obligation specified for individuals is that all human beings should ‘promote and protect an appropriate political, social and economic order for development’.This is indeed no small task and it is even questionable whether this is doable at all. While the role of individual human beings as duty bearers is not developed further, the UN Declaration provides some more concrete leads as to the implementation obligations of States. Accordingly, States have the duty to: formulate appropriate national development policies’;‘undertake, at the national level, all necessary measures for the realization of the right to development; ‘take steps, individually and collectively, to formulate international development policies’ that pursue the full realization of the RTD; encourage ‘the observance and realization of human rights’ and to cooperate for this purpose;‘take steps to eliminate obstacles to development resulting from failure to observe civil and political rights, as well as economic, social and cultural rights’;and ‘encourage popular participation in all spheres as an important factor in development and in the full realization of all human rights’. The author brilliantly discusses the necessity of the right to development and to engage and support efforts to mainstream the right to development among various United Nations bodies, development agencies, international development, financial and trade institutions which is a fundamental aspect of this research work. However, this research adopts an ideal approach as it discusses the right of development from a perspective of its effectiveness within the African Charter on Human and Peoples Right.

Akokpari and Zimbler^[67]   looks at the development of the African human rights framework, is important for this thesis in the sense that it unpacks the human rights system of the continent and clarifies various concepts including ‘the conundrum of development and human rights in Africa’ on which the research is built. They present a critical examination of the evolution of Africa’s human rights in the post-Cold War era and their methodology explores the challenges of achieving human rights on this continent. They further provide a  uniquely pan-African perspective on the achievements, failings, accomplishments, and deficiencies of the various human rights activists and institutions seeking to improve the lives of Africa’s 800 million inhabitants.  The author conceptualizes on the transition from the OAU to the AU, including the revival of the spirit of Pan Africanism after the end of the cold war, the emerging doctrine of conflict prevention based on the AU’s acknowledgment of the responsibility to protect, the paradigm shift from military to human security and the dilemmas of regional integration.  This piece of work affirms the research objective of development being human rights and the difficulties in achieving same in a continent that has experienced slavery, colonialism amongst others. However, it differs from the work under study in that the current work further seeks to analyze the framework on the right to development and the extent to which the African charter has effectively promoted the implantation of the right.

A, Sen^[68]  from another angle, posits that development can be the equivalent of liberty. For instance, a black South African who had no rights under apartheid can claim to be developed now that he has the right to vote, freedom of movement as well as all his socio-economic and cultural rights protected by the South African Constitution under chapter two. In other words, following Sen’s perspective, black South Africans can define development as ‘freedom’.^[69] Similarly, ‘development’ can also be viewed through Julius Nyerere eyes that see development as the art of investing in people, in education and human development. Commenting on the Arusha Declaration,^[70]  Nyerere said:   What we were doing, in fact, was thinking of development in terms of things, and not people…’, based on post Arusha Declaration understanding that what we need to develop is people, not things, and that people can only develop themselves.^[71]   In other words, development is not ‘machinery’ or mechanics, or roads and bridges, but the development of a human person to make these machines and roads as well as to respect others. Thus, it can be argued that Nyerere views development from Walter Rodney’s perspective according to which development is moral and from the Sen’s theory of development of human capabilities.^[72]    The author addresses the right to development as a fundamental human right which is informative to this research but however, he fails to acknowledge the fact that development has a legal force as it is enshrined in the Article 22 of the ACHPR thereby compelling member states commitment in ensuring the attainment of that right.

Richard Gittleman^[73]  discusses the history of the African human rights movement. He focuses   ultimately to the formulation of the Charter when the International Commission of Jurists convened the African Conference on the Rule of Law in Lagos, Nigeria.^[74]  The resulting resolution of the Conference, the “Law of Lagos,” makes clear the responsibility of the world legal order to devise a regime for the protection of individuals.^[75]  He makes an overview of the charter and does a comparison between the charter and other international instruments. It brief on the important rights guarantee by the charter. He addresses the Political self-determination of the African people. It concerns the right of all peoples freely to determine, without external interference, their political status.^[76]” This right has been well-recognized in the United Nations. It finds early expression in article 1(2) of the United Nations Charter;^[77] however, the legal status of the provision has raised much controversy. Furthermore, Distinct from the issue of political self-determination is the issue of economic self-determination. Whereas most African States have successfully exercised their right of political self-determination and have become independent sovereign States, the same cannot be said of their right to economic self-determination. He further substantiate on various human rights such as development which must be protected and upheld. This article is informative to this research as they both acknowledge the right to development as a human right as enshrined within the African Charter and the importance it has. It however differs from the work under study in that the current piece analyses the extent to which this developmental rights is effective within the African continent.

Felix Kirchmeier, et al,^[78]  posits that development cooperation has changed and improved during the last decades. to him, concepts like ownership, policy space and sustainability dominate thinking and planning of and within development cooperation. All these aspects are embedded in the overall goal of working towards good governance and democratic structures in partner countries, to be achieved in partnership. He conceptualizes and applies a new policy approach for development partnerships: the implementation of the Right to Development.  Emerging from  the  development  debate  in the 1960s, this human right has become universally accepted in theory, but lacks examples of practical application. Only recently, the UN Working Group on the Right to Development has started to focus on the implementation of the Right to Development to certain global partnerships as a piloting exercise. He carries out a list of criteria for periodic evaluation of global development partnerships from a right to development perspective” has been developed and amended with a suggested initial “implementation checklist of indicators.   The author posits that Kenyan-German development partnership has been chosen for a piloting of the criteria for practical reasons:  Kenya has shown commitment  to align its development policies to human rights and German Development Cooperation is pursuing a human rights-based approach in the partnership with this country. This means that a general orientation towards human rights is discernible and materials for the evaluation were available. This work establishes the importance of the right to development and the need for a consensus partnership in its attainment but stayed aloof from the effectiveness of this right within the African Carter.

• Gaps in the Literature

This work under study is an addition to the above works since it acknowledges other approaches to the right to development as human rights within the African Charter of Human and Peoples rights. Most authors acknowledge the right to development as a human right and it importance to be prioritized within the African continent. They discuss the concept amidst other rights guaranteed by the charter.   For instance, A. Sen^[79] sees the concept of development to equal the right to liberty. To him, a black South African who had no right under the apartheid era can claim to be developed now that he has the right to vote, freedom of movement guaranteed by the constitution. Thus development can be likened to freedom.   However, this work under study further appraises the extent to which this right is protected and guarantee by the African Charter on Human and Peoples Rights.  The extent to which parties have effectively implemented the rights within their national jurisdiction in conformity to the African Carter provision. It further analyses the challenges encountered in focusing and absorbing this right.

Most authors discuss the right to development as a mere concept. This is a limited way of analyzing a concept which is core to the continent progress. For example Arts, K. Tamo^[80] view the right to development (RTD) as a concept and tried to show how it is contested in international law, politics and practice.  The work under study approaches the concept broadly to include the legal force of the right within the ACHPR and the extent to which it is effectively guaranteed.

1.7 THEORETICAL FRAMEWORK

This study relies on the following theories; utilitarianism, rights-based cosmopolitanism Theory and the theory of modernization. They will be discussed in turns.

1.7.1 Utilitarianism Theory 

Utilitarianism entails moral universalism which is secured in the community of nations as understood by the stoics. Authors of this theory include; Jeremy Bentham(1747-1832), John Stuart Mill(1806-1873). To them, utilitarianism is the moral theory that judges the goodness of outcomes therefore the rightness of actions in so far as they affect the outcomes the degree to which they secure the greatest benefits to all concerned.^[81]   In this context, the result determines whether the act was right or wrong, any endeavor or action should benefit all members of the community without exception.^[82]  In addition, from Pogge’s perspective, it is not only about action, but also omission. Accordingly, no omission should harm a member of the community.^[83]  It could therefore be argued that utilitarianism brings members of a community on the same scale by ensuring benefits from the common good. It ensures access to basic needs such as water, food and housing and so on which are necessary to have a good standard of living.^[84] On the international plane, the manifestation of utilitarianism should entail a significant ‘redistribution’ of world resources from wealthy to poor countries.^[85]  

However, it could be argued that utilitarianism is too exigent. Nevertheless, given the level of inequity in the world, utilitarianism seems to be the appropriate road to ensure that the poor do not die; it is the tool to ensure that every human being is given a fair share of resources needed for his or her subsistence.^[86] 

Nonetheless, who has the responsibility to ensure the survival of the poor? It would be ethically incorrect to deprive a rich individual of his wealth in order to ensure the well-being of the poor. Hence, the need to transfer the burden on states and other institutions such as the international financial institutions, donors and governmental institutions.^[87]  This theory is important to the research as the state should consider development to be for the general good of it citizens. It is fundamental to see it as a necessity of all and its engagement should be laudable in implementing article 22 of the ACHPR.

1.7.2 The rights-based cosmopolitanism Theory

The rights-based cosmopolitanism stresses that the right not to be poor should be enjoyed at the national as well as at the international level bearing in mind that individuals and communities are morally obliged to assist fellow citizens as well as the broader family of human beings.^[88] This theory encompasses a moral origin of human rights. Proponents of this theory such as Jones, Rawls and Shue use the concept of ‘basic human interests’^[89] or ‘basic rights’^[90]  or the right to subsistence to argue that everyone should be afforded basic necessities such as food, water, housing without which he or she cannot live. At the core of their arguments is the belief that all human beings are entitled to the minimum needed to survive and those who lack the minimum shall claim it from those who can help.   

However, ‘to every right, there is a correlative duty’.^[91] From this theory established by Wesley Hopfield in 1919,^[92] the sentence ‘A has the right to food’ implies a claim right. It is a claim that A has against another entity, B who has the duty to provide. If A has the right to food, it implies that B has the duty to give food to A. It is a positive duty when B must take action to deliver food to A. Hence, ‘the right to subsistence is a positive right [as it calls for] positive action rather than mere omission’.^[93] The duty can also be a negative one, when B should not take any action which constraints A to enjoy his food. In this case, B should refrain from tampering with A’s ability to obtain food.  Shue refers to this as the ‘duty to avoid depriving right-holding individuals of the content of the right’.^[94] It is important to note that the duty bearer can be an individual, a state, a financial institution or the international community at large.  

In general, the rights-based cosmopolitanism also entails ‘duties to protect the rights-holders from being deprived of the rights content and duties to aid deprived rights-holders when avoidance and protection have failed’.^[95] Under this doctrine, there is a universal right to assistance with a corresponding obligation to those in position to assist to do so. The weakness of this theory however, is its assumption that all activities are informed by human rights or that all human beings operate in a ‘human rights world’. Unfortunately, in reality, many people have no knowledge of human rights. Nevertheless, knowledge deficit in terms of human rights cannot justify the refusal of providing food or clean water to a fellow human being who needs them for his or her existence.   

In opposition to rights-based cosmopolitanism, O’Neill acknowledges the obligation to help the poor, but does not believe that such obligation entails a right of the poor to be assisted.^[96]  In this regard, the poor is not entitled to assistance, and the obligation to help is located in the sphere of ‘virtue, and not of right’.^[97]    This theory ties to this work in that most African countries suffer from intense underdevelopments and poverty. It is their right not to be poor and therefore the state has a responsibility to create or establish opportunities for development and poverty alleviation scheme.

1.7.3 The Triple Pronged Theory

This theory is situated within the broad international human rights concept that analyses human rights from a triple pronged perspective. For all human rights personnel, there is no need to emphasize here that this is a long-established concept of international human rights law which applies to all states to respect, protect and fulfil human rights of its citizens. Scholars have asserted the triple pronged nature of human rights.^[98] According to Adam Beth^[99]the duty to respect human rights is essentially the duty not to infringe directly upon a person’s human right.  States should not directly infringe upon its citizens rights. For instance, failing to provide citizens with their basic necessities or means for the realization of their basic needs like food, water, adequate shelter, education, health care amongst others. The duty to protect human rights involves taking measures to ensure that other entities do not infringe upon human rights of others. States are oblige to protect citizens rights from third party as well as states own instrumentalities within its jurisdiction.   Finally, the duty to fulfill human rights requires positive steps to be taken towards the realization of human rights. These steps can be administrative, financial and legislative in the form of policy initiatives, monitoring and education.

This tripartite analysis developed by Henry Shue^[100] was affirmed by the Maastricht Guidelines on the violation of economic, social and cultural rights^[101]in 1997 as representing the contemporary status of international human rights law. Per the Maastricht Guideline, a breach by the state of any element of the tripartite duties will be a violation of that state’s obligation under international law.

This tripartite theory has an intrinsic relationship with this study. It gives member states within the African Charter maximum responsible to protect its citizens by guaranteeing their right to development, fulfilling these human rights entails creating an enabling environment for this right to me met. Adoption of policies that is geared towards facilitating developmental process.  In a nut shell the right to development is the responsibility of the state to ensure its attainability.

1.8 JUSTIFICATION FOR THE STUDY  

The raison d’etre of this research lies in the fact that it is contemporary and topical. Development remains a 21^st century clarion call for all states in general and Africa in particular. Africa has suffered slave trade, colonization and is still facing the challenges of neo-colonialism. All this have hindered her developmental drive and attainment. There is the need to further in the development sector and the African Charter on Human and Peoples Rights have champion that pursuit within the continent through guidelines, policies and programs. Furthermore, the right to develop economically is strained by environmental protection. This study establishes a more sustainably meaning of states engagement to attain a degree of development as a matter of responsibility sustainably.   

Further, the topic is as contemporary as it is topical with human rights implications. The challenges facing the global south is mostly development-oriented which has now been recognized as a human right. In view of the contemporary nature of human rights nowadays, developmental deficits in the global south almost always have implications on human rights protection in Africa and elsewhere in the world. The study therefore contributes to upholding human rights by advocating for measures to ensure the effective realization of the right to development in Africa which inadvertently promotes the realization of other human rights.

1.9 SIGNIFICANCE OF THE STUDY

This work will help states to add more commitments in their responsibility to development. The African charter and the NEPAD create an avenue whereby states can engage into developmental activities.

Again, this work is important as through its findings will cause the African Commission to pressure states on their responsibilities to development as well as adopting more feasible framework in meeting such commitments.

This work will also add as existing literature for further review or research in the area of the RTD within the African continent and beyond. It will help research and student in the knowledge of the right to development and the efforts of the African Charter on Human and Peoples Rights

The recommendations made at the end of this work will help policy and law makers: the African Commission draft and adopt good god and feasible guidelines and will also suggest ways to ensure better implementation and compliance with these laws so as to ensure the right of development is  in the continent

1.10 SCOPE OF THE STUDY

My study has three scopes; thematic, geographic, and periodic, each of which will be treated in turn.

Thematically, the study is based on international human rights and within that context it is restricted to the right to development in the context of the African Charter on Human and People’s rights. Nevertheless, the discussion on the right starts at a global level in order to explain and provide a broad understanding of the RTD.

In terms of geography, the work is limited to the African continent where the African Charter on Human and Peoples Right as well as the New Partnership for Africa’s Development are applicable. However, it will highlight the state of affairs in other jurisdictions to better illustrate the situation of the right to development in Africa.

In terms of periodic scope,   this research considers 1986 to present. This is because the ACHPR came into force during that time and this research investigates the extent to which the right to development has been enhance till date

1.11 LIMITATION OF THE STUDY

Limitations faced in the course of this research work are Poor internet network and financial constraint.

 The poor internet network made the research process slow. This was due to the fact that the most used mobile telephone networks; MTN, Orange and Camtel made internet access difficult as network was either slow or unavailable.  This poor network made access existing literature online difficult and a little frustrating especially when the researcher commits to carry on with the work. However, the problem could be surmountable as the researcher could navigate between both networks trying to work with the most stable of them all.

Secondly, financial constraint was an issue for consideration. This made it difficult for me to travel about for appointments with international law expert to have their opinion on key issues relating to this research. Ensuring the availability of internet bundle was not easy to come by as well.   

1.12 DEFINITION OF KEY TERMS

1.12.1 Right to Development

Development is a comprehensive economic, social, cultural and political process, which aims at at the constant improvement of the well-being of the entire population and all individuals on the basis of their active, free and meaningful participation in development process.^[102] The right to development is an inalienable human right by virtue of which every human being person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms are fully realized.^[103] The full realization of the right of peoples to self-determination, which includes, subjects to the relevant provisions of both covenant on human rights, the exercise of their inalienable rights full sovereignty over all their or  natural wealth and resources.^[104]  Development is also perceived by the British Town and Country Planning Act as ‘ the carrying out of building. Engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any building or other land.^[105]

1.12.2 African Charter on Human and People’s Rights

The African Charter on Human and Peoples Right’ also known as the Banjul Charter, is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent.^[106] This charter was adopted by the Assembly of Heads of State and governments of the OAU in 1981 and entered into force five years later. The Charter is distinct in recognition of collective rights, the indivisibility of all rights: all generations of rights are recognized and socio-economic rights are justiciable. These are all essential elements of human rights in Africa. The other distinctiveness is the recognition of the right to development.

1.13 SYNOPSIS OF CHAPTERS

This research is made of five chapters. Chapter One has already been addressed and it introduces the thesis by discussing the background to the study, the statement of the problem that necessitate the research,  research questions, aims and objectives, methodology adopted, literature review, theoretical framework, justification and significance of the research, operational definitions and synopsis.  

Chapter two deals with the concept and nature of the right to development. The right to development as an inalienable human rights, the right to participation as the corner stone of the right to development are explored.

 Chapter three analyses the regulatory framework on the right to development; Here, International and regional conventions are analyze based on their promotion of the right to development.

Chapter four analyses the effectiveness in achieving the right to development in Africa. It discusses the extent to which the ACHPR guarantee the right to the development and the commitment of states in the realization of that right.

Chapter five addresses the findings of the study and makes succinct recommendation and conclusion.

Interested in the work? you can contact Barrister Orock Kelly Agbor through the following contacts:

E-mail: orockkellymagbor@gmail.com  ; Tel: (+237) 671 839 182

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^[1]  The UN Charter, art 3.

^[2] Universal Declaration, Art 28.

^[3] The UNRTD was adopted by the UN General Assembly in its Resolution 41/128 of 4 December 1986.

^[4] The World Conference on Human Rights, Vienna Declaration and Programme of Action (Vienna Declaration), June 1993.

^[5] Commission on Human Rights, Resolution 1998/72 adopted without a vote on 22 April 1998 appointed Arjun Sengupta as the UN Independent Expert of the RTD.

^[6] The fifth session of the Working Group on the right to development recommended among other things the constitution of a High Level Task Force for the Implementation of the RTD within the framework of the Working Group.  This recommendation was adopted at the 60th session of the Commission for Human Rights through its Resolution CHR 2004/7.

^[7] Article 1 of the United ations Declaration of the Right to Development, Adopted 04 December, 1986 by the General Asembly Resolution 1/128

^[8] Almond, & Powell, G.B. Comparative Politics; A Developmental Approach (Boston:; Little Brown and Co., 1978)p.50

^[9] Maddison A., The world economy volume 1: a millennial perspective. (OECD Publishing by Organisation for Economic Co-operation and Development,2006)

^[10] Novak-Leonard, J. & Brown, A. Beyond attendance: a multi-modal understanding of arts participation. (Washington: National Endowment for the Arts, 2011).

^[11] Pawar, M., Social and community development practice. (New Delhi, India:  SAGE  Publications India Pvt Ltd, 2014).

^[12] P Alston ‘Making Space for New Human Rights: The Case of the Right to Development’ (1988) 1 (3) Harvard Human Rights Year Book 20.

^[13] P Alston ‘Making Space for New Human Rights: The Case of the Right to Development’ (1988) 1 (3) Harvard Human Rights Year Book 20.

^[14]  Marks ‘The human right to development: between rhetoric and reality (2004) 17 Havard Human Rights Journal 147 available at http://www.law.harvard.edu/students/orgs/hrj/iss17/marks.shtml (accessed 25 December 2009). 

^[15] Third report of the independent expert on the right to development, Arjun Sengupta, 2 January 2001, UN Doc. E/CN.4/2001/WG.18/2, 5.

^[16]  Adopted by the OAU in Nairobi, Kenya, on 27 June 1981 and entered into force on 21 December 1986.

^[17] C Baldwin and C Morel ‘Group rights’ in M Evans & Murray (eds) The African Charter on Human and Peoples’ Rights: The system in practice, 1986-2006 (2008) 270. The RTD is binding in the ACHPR (art 22) as well as in its protocol on the rights of women in Africa (art 19 which provides for the right to sustainable development for women). More discussion on the issue will be provided in the course of the study.

^[18] U Baxi Human rights in post human world: Critical essays (2007) 124.

^[19] Adopted in Addis Ababa, Ethiopia, on 25 May 1963 & entered into force on 13 September 1963.

^[20]  OAU Assembly of Heads of State and Government 16th Ordinary Session, Monrovia, Liberia, 17-20 July 1979; AHG/ST.3(xvi) Rev.1.

^[21]  OAU Assembly 2nd Extraordinary Session of the Head of state and government held in Lagos, Nigeria July 1980.

^[22] Adopted at the OAU Assembly, Ordinary Session held in Addis Ababa, Ethiopia from 18-20 January 1985.

^[23] OAU Assembly of Heads of State and Government, 27th  Ordinary Session  Nigeria, 3-5 June 1991; AHG/Res. 205 (XXVII) Resolution on the African Economic community. The Treaty entered into force in April 1994.

^[24] UN doc A/45/427 of 22 August 1990.

^[25] Adopted in Lomé, Togo on 11 July 2000 and entered into force on 26 May 2001. The Assembly of the AU held its first meeting in Durban, South Africa, 8-10 July 2002.

^[26]  Adopted at the 37th Ordinary Session of the OAU Assembly, on 11 July 2001 in Lusaka, Zambia; AHG/Decl.1 (XXXVII).

^[27] Adopted at the 1st  Assembly of the AU held in Durban, South Africa, 8-10 July 2002; Declaration on the implementation of NEPAD, Assembly/AU/Decl.1 (I).

^[28] Declaration on the implementation of the New Partnership for Africa’s Development, Assembly AU/Decl.1(I),  8-10 July 2002, Durban, South Africa.

^[29] H Rukato Future of Africa – prospects for democracy and development under NEPAD (2010) 66; also APRM Base document, para 2.

^[30] Though its mandate came from the 2002 AU Durban Declaration; See the New Partnership for Africa’s Development (NEPAD) Declaration on Democracy, Political, Economic and Corporate Governance AHG/235 (XXXVIII) Annex I, adopted at the Assembly of Heads of State and Government, Thirty-Eighth Ordinary Session of the Organization of African Unity, 8 July 2002 Durban, South Africa

^[31] AU Constitutive Act, Preamble, para 10.

^[32] Article(g)

^[33] Article 3(h)

^[34] Article 4(c)

^[35] Article 4(m)

^[36] Article 4(i)

^[37] Article 4(n)

^[38] Article 4(p)

^[39] William A Courson v Zimbabwe Communication 136/94 available at http://caselaw.ihrda.org /doc/136.94/view/ . Lastly accessed 23/3/2023.

^[40] Communication 260/02 Bakweri Land Claims Committee v Cameroon available at http://www .achpr.org/files/sessions/36th/comunications/260.02/achpr36_260_02_fra.pdf

^[41] Communication 227/99 Democratic Republic of Congo v Burundi, Rwanda and Uganda available at http://caselaw.ihrda.org/doc/227.99/view/

^[42] Sudan Human Rights Organisation (SHRO) and Centre on Housing Rights and Evictions (COHRE) v Sudan Communication 279/03-296/ available at http://www.achpr.org/files/sessions/ 45th/comunications/279.03-296.05/achpr45_279.03_296.05_eng.pdf

^[43] frican Commission on Human and Peoples’ Rights, communication   No. 266/2003, available at http://caselaw.ihrda.org/doc/266.03/ view/.

^[44] Ibid, para 206

^[45] Ibid

^[46] Williams Easterly and Rose Levine, “ Africa’s Gowth Tragedy: Policies and Ethnic Divisions”, Quarterly  Journal of Economics, 112(1997)1203-1250.

^[47] Nathan Nunn, The Historical Origins of Africa’s  Underdevelopment, 8/12/2007.https://cepr.org/voxeu/columns/historical-origins-africas-underdevelopment. Lastly visited 24/2/2023

[48] David Silverman and Amir Marvasti, Doing Qualitative Research: A Comprehensive Guide (Sage Publications Inc 2008)

^[49] C Welch Jr & R Meltzer Human rights and development in Africa (New York: Suny Press, 1984).

^[50] Carol Chi Ngang, The Right to Development in Africa  Studies in Critical Social Sciences, Volume: 201/11 (2022),p.433-444

^[51] Rebecca Browning, The Right to Development in Africa, An Emerging Jurisprudence? August 2011. http://kenyalaw.org/kl/index.php?id=1900. Accessed 5/02/2023.

^[52] Adopted by the United Nations General Assembly, Resolution 41/128 in 1986.

^[53] ECOSOC document www.ohchr.org/EN/Issues/Development/Pages/DevelopmentIndex.aspx accessed on 02/06/2011

^[54] The Endorois are a small group of indigenous Kenyans that inhabited the lake Bogoria area in central Kenya. They were evicted in 1970’s to make way for a nature reserve. Even though they had lived there since ‘time immemorial’, they were afforded no right of participation in the gazetting of the land as a nature reserve nor given adequate compensation for its expropriation. After being evicted from the fertile land around the lake, the Endorois were forced to live on arid land where many of their cattle died and they suffered hardships. In their recommendation after hearing from both the Endorois and Kenya, the Commission recommended the return of the Endorois’ lands. It also recommended that Kenya afford them the right to participate in their own development in the future. By doing so, the Commission took a controversial, yet firm stand in the promotion of indigenous and minority rights.

^[55] Laure-Hélène Piron , The Right to Development A Review of the Current State of the Debate for the Department for International Development 2002.

^[56] Isabella D Bunn, ‘The Right to Development: Implications for International Economic Law’ American University International Law Review vol: 15:6 (2000) 1425-1467

^[57]Francis Snyder & Peter Slinn (eds). International Law Of Development: Comparative Perspectives 1-39, 1987.

^[58] Asbjorn Eide et al., The Universal Declaration Of Human Rights: A Commentary (1992) (providing explanations and legislative background on the Universal Declaration, especially on Articles 22-28). While the UNDRD features the observance of civil and political rights, much of the surrounding legal debate relates more to economic, social and cultural fights.

^[59] G.A. Res. 1161 (XII), U.N. GAOR, 3rd Comm., 12th Sess., Agenda Item 12, para. 12(3), U.N. Doc. A/3716 (1957).

^[60] Proclamation of the International Conference on Human Rights, U.N. GAOR, at 4, paras. 12, 13, U.N. Doc. A/CONF.32/41 (1968).

^[61] UN documents such as “Basic Facts about the United Nations” (1998), the “Human Rights Fact Sheets” series, “The United Nations and Human Rights, 1945-1995” (1995), “United Nations Action in the Field of Human Rights” (1994); the series of reports from the various working groups on the right to development; the United Nations general website and human rights website; other sources include “For the Record 1998: The UN Human Rights System” and the Human Rights Internet website.

^[62] Global Consultation on the Realization of the Right to Development as a Human Right, U.N. Commission on Human Rights, 46th Sess., Agenda Item 8, U.N. Doc. EJCN.4/1990f91Rev.I, at 39 (1990) (hereinafter Global Consultation); see also Russell Lawrence Barsh, The Right to Development as a Human Right: Results of the Global Consultation, 13 HUNM. RTs. Q. 322 (1991) (highlighting the debate over whether a “right to development” exists and the failure of the UNDRD to resolve the question).

^[63] United Nations Development Program, Integrating Human Rights with Sustainable Human Development 14-16 (visited July 9, 2000) [hereinafter Integrating Human Rights] (outlining a policy for sustainable development that maintains human rights as a priority).

^[64] Arts, K., Tamo, A. The Right to Development in International Law: New Momentum Thirty Years Down the Line?. Neth Int Law Rev 63, 221–249 (2016).

^[65] Human Rights Council, ‘Resolution on the Right to Development’, UN Doc. A/HRC/33/L.29, 27 September 2016, para. 14. This resolution was adopted by 34 votes in favour (including China, Russia, Saudi Arabia and South Africa), 2 votes against (France and the United Kingdom (UK)) and 11 abstentions (including Germany, the Netherlands, Slovenia and Switzerland). While at the time of writing the final official voting records were not yet available, various sources, including http://www.unwatch.org/resolutions-voting-results-33rd-hrc-session/ and http://webtv.un.org/watch/ahrc33l.29-vote-item3-39th-meeting-33rd-regular-session-of-human-rights-council/5145201561001, revealed that the EU, UK and Switzerland found the appointment of a Special Rapporteur on the RTD undesirable.

^[66] Ibid

^[67] Akokpari ‘Human rights actors and institutions in Africa’ in J Akokpari & D Shea Zimbler (2008).

^[68] A, Sen  Development as freedom (1999) 35, also H J Steiner  et al International human rights in context law, politics, morals, Text and materials (2007) 1434.

^[69] Ibid

^[70] The Arusha Declaration was made by the late Tanzanian President Julius Nyerere on 5 February 1967. It was a description of Ujamaa or Nyerere’s vision of socialism to develop his country.  

^[71] Julius Nyerere on the Arusha Declaration’ at www.infed.org/thinkers/et-nye.htm (accessed 6 May 2008), Lastly visited 1/2/2023.

^[72] M Walker & E Unterhalter  Amartya Sen’s capability approach and social justice in education’ (2007). 

^[73] Richard Gittlema “The African Charter on Human and Peoples’ Rights: A Legal Analysis”, Virginia Journal Of International Law, vol.22:4, (1982) 668-741

^[74] Int’l Comm’n of Jurists, African Conference on the Rule of Law, Lagos, Nigeria, Jan. 3-7, 1961: A Report on the Proceedings of the Conference 11 (1961)

^[75] Ibid.

^[76] Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations, G.A. Res. 2625, 25 U.N. GAOR Supp. (No. 28) at 121, 123, U.N. Doc. A/8028 (1970) 

^[77] One of the purposes of the United Nations is ” to develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples.” U.N. Charter, art. 1, para. 2.

^[78] Felix Kirchmeier et al, Towards the Implementation of the Right to Development, published by Friedrich-Ebert-Stiftung.https://www.google.com/url?q=https://library.fes.de/pdffiles/bueros/genf/05105.pdf&sa=U&ved=2ahUKEwi83b3np7_9AhUki_0HHTN7CtoQFnoECAYQAg&usg=AOvVaw2xhORHPFJ77yOYwtHxiIkK. Lastly visisted 2/3/2023.

^[79] A, Sen  Development as freedom (1999) 35, also H J Steiner  et al International human rights in context law, politics, morals, Text and materials (2007) 1434.

^[80] Arts, K., Tamo, A. The Right to Development in International Law: New Momentum Thirty Years Down the Line?. Neth Int Law Rev 63, 221–249 (2016).

^[81] Harding, R.  Morality within the limit of reason (Chicago: Chicago University Press, 1998) p.15.

^[82]Ibid, p.24.

^[83] Pogge, T ‘World poverty and human rights’  Ethics and International Affairs Vol.19:6 (2007) p.12

^[84] Harding (1998) p.25

^[85] T Pogge ‘World poverty and human rights’ Ethics and International Affairs Vol.19:4 (2005)

^[86] C, Jones,    Global justice: Defending Cosmopolitanism (Oxford: Oxford University Press, 1999)

^[87] Ibid, 92

^[88] P Haden Cosmopolitan Global Politics (2005) 11.

^[89] C. Jones Global justice: Defending Cosmopolitanism (Oxford: Oxford University Press, 1999). p.52

^[90] H. Shue Basic rights: Subsistence, Affluence, and the US Foreign Policy (1999) p.60.

^[91] The notion of rights and duties will be further discussed below. However on this, see W N Hohfeld, Fundamental Legal Concepts as Applied in Judicial Reasoning (1919).   

^[92]  J Waldron Theories of Rights (1984) 6-10; also A R. White, Rights ( 1984) 115-132; also A Heard ‘Human rights: Chimeras in sheep’s clothing at http://www.sfu.ca/~aheard/intro.html (accessed on 7 July 2009); also R W M Dias Jurisprudence (1970) Chap 8 & 9.  

^[93] Jones (1999)p.63

^[94] Shue, op cit

^[95] Shue, H Basic rights (New Jersey: Princeton University Press, (1980 & 1996)) p. 51-64.

^[96] Jones (1999)p. 92

^[97] Ibid, 93

^[98] A. Mc Beth “Breaching the vacuum: A consolidation of the role international human rights law in the operation of international financial institutions”,The international journal for human rights, No. 8 Vol. 10 2006, p389.

^[99] Ibid

^[100] H. Shue, Basic Rights, subsistence, Affluence and US foreign policy (Princeton. Princeton University Press, 1980)

^[101] Maastricht Guidelines on the violations of Economic, Social and cultural rights reprinted in human rights quarterly, vol. 20 (1998). p.69

^[102] The Preamble of the United Nations Charter 1945.

^[103] Article 1 of the United ations Declaration of the Right to Development, Adopted 04 December, 1986 by the General Asembly Resolution 1/128

^[104] Ibid, Article 2.

^[105] Section 55 of the Town and Country Planning Act 1990

^[106] The African Commission on Human and Peoples’ Right. https://www.achpr.org/legalinstruments/details?id=49