human rights in africa: the limited promise of liberalism

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BUFFALO LEGAL STUDIES RESEARCH PAPER SERIES Paper No. 2008-17 Human Rights in Africa: The Limited Promise of Liberalism Makau Mutua University at Buffalo Law School The State University of New York African Studies Review, Vol. 51, No. 1, pp. 17-39 (2008) UNIVERSITY AT BUFFALO LAW SCHOOL BALDY CENTER FOR LAW & SOCIAL POLICY THE STATE UNIVERSITY OF NEW YORK This paper can be downloaded without charge from the Social Science Research Network Electronic Paper Collection at: http://ssrn.com/abstract=1157468

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This article takes stock of the project of human rights in Africa over the past fifty years, and was given as the Abiola Lecture at the African Studies Association at its fiftieth anniversary. It evaluates the successes - and failures of the application of human rights norms in the context of nation-building in post-colonial Africa. It argues that liberalism is limited as a vehicle for responding to the vagaries of market fundamentalism, globalization, post-colonial marginalization of the African state, and the challenges of cohering a nation out of the traumas that have afflicted Africa over the last several centuries. It posits that the human rights corpus is evasive about the real causes of powerlessness. It challenges the human rights project to go beyond its predominant focus on political despotism and address economic despotism. It concludes that unless the human rights movement addresses both ends of powerlessness, it will be of limited use to Africa.

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Page 1: Human Rights in Africa: The Limited Promise of Liberalism

BUFFALO LEGAL STUDIES RESEARCH PAPER SERIES

Paper No. 2008-17

Human Rights in Africa: The Limited Promise of Liberalism

Makau Mutua University at Buffalo Law School The State University of New York

African Studies Review, Vol. 51, No. 1, pp. 17-39 (2008)

UNIVERSITY AT BUFFALO LAW SCHOOL BALDY CENTER FOR LAW & SOCIAL POLICY

THE STATE UNIVERSITY OF NEW YORK

This paper can be downloaded without charge from the Social Science Research Network Electronic Paper Collection at: http://ssrn.com/abstract=1157468

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