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Conflicting Normative Systems and Institutional Challenges to Human Rights in Africa: A Case Study in Zambia

2021
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Advisor: Wojciech Forysinski

Abstract (EN)

African states are faced with critical human rights challenges which continue to imperil the lives of countless citizens on the continent. Political instability, wars, genocide, and poverty to name a few have all played significant roles in aiding the violation of basic rights which presently affect the liberties of Africans. Zambia specifically, have displayed poor records in various aspects of human rights such as labor rights, women’s rights, refugees, and the rights of internally displaced persons (IDPs) consequently gaining attention globally. To realize the extent of the African human rights conundrum, it is important to point out the most basic underlying causal factors of abuse of human rights. In which two key factors account for the poor human rights record in Zambia; Institutional challenges, and socio-cultural influences on continent-wide value systems which continues to struggle to accommodate the universal human rights model enshrined in the Universal Declaration of Human Rights (UDHR). The African Charter on Human and Peoples’ Rights, with its emphasis on group rights and individual duties challenges the Universal account of rights. The cultural differences presented not only the tension between individual and group rights but also the question as to whether the universalism of human rights is possible. The focus of this thesis are the challenges facing human rights on the African continent today. It provides a short historical backdrop before moving on to an examination of the normative framework that presently prevails at the continental level. Incorporated are issues such as cultural relativism or reductionism, the iv structure and content of the African Charter on Human and Peoples' Rights, the human rights of women. Findings present various reasons such as: poverty, spirituality, lack of education and the government of Zambia continue to play a role in hindering the possibility of wide acceptance of universalism of human rights in Zambia. Keywords: human rights, universalism, cultural relativism, UDHR, ACHPR, institutional challenges, social cultural Influences.

Author

Dr. Mwaka Daniel Chikoye

How to Cite

Mwaka Daniel Chikoye (Master Thesis). Conflicting Normative Systems and Institutional Challenges to Human Rights in Africa: A Case Study in Zambia, 2021, Eastern Mediterranean University.

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