Minority rights, democracy and development: The african experience

• Author: Appiagyei-Atua Kwadwo
• Position: LL.B (Hons), University of Ghana, Legon; LL.M (Dalhousie University, Halifax, NS, Canada); DCL (McGill University, Montreal, Quebec, Canada)
• Pages: 119-131

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No.1 (2012), pp. 54-66

54

MINORITY RIGHTS, DEMOCRACY AND DEVELOPM ENT: THE AFRICAN

EXPERIENCE

Kwadwo Appiagyei-Atua

Kwadwo Appiagyei-Atua

LL.B (Hons), University of Ghana, Legon; LL.M (Dalhousie University, Halifax, NS,

Canada); DCL (McGill University, Montreal, Quebec, Canada).

*Correspondence: Kwadwo Appiagyei-Atua

E-mail:kappiagyeiatua@ug.edu.gh

Abstract

The focus of this paper is to contend that in spite of recent attempts to marry huma n

rights to development, the marriage remains one of convenience, and to the inconvenience of

disadvantaged groups, particularly indigenous peoples who are the focus of discussion in

this paper. The paper also contends that, contrary to the claim that the relationship between

rights and developmen t were non-existent to begin with, there was such recognition. The

crucial issue, however, is the category of people who were allowed to enjoy rights in order to

facilitate development and to enjoy the fruits of development.

Key words: minorities, human rights, democracy, African experience,

modernisation.

Introduction

This an alysis is groun ded in three types of relationship between rights and

development which I identify – the negative, passive and positive. The paper contends that

the positive rela tionship remains the domain of the politica l and economic elite who control

and direct how and when those are under their control should benefit from a negative or

passive relationship approach between rights and development. It is contended that the

negative and positive relationship has continued to dominate the dynamics of economic

development from the Enlightenment era, through colonialism, post-colonialism and the

globalization era. In the c ontext of promoting effective minority r ights which lies at the heart

of peace and stability in Africa, I suggest that a re-visioning of the relationship between

rights, democracy and development in Africa which challenges the current notion of “market

democracy,” “good governance” and “liberal international orthodoxy.” The analysis

tackles ways in which effective promotion of mino rity rights can be realized based on a

cultural relativist perspective.

The African Experience of the Negative/Passive Relationship between Rights

and Development

When capitalist adventurism extended to the shores of Africa and other places,

colonized people were not considered “human beings.” Therefore the idea of extending

rights enjoyment to the indigeno us people of the land was simply unthinkable. T hus,

violations of human rights were rife. According to Howard, the Gold Coast,

1

civil and political

1

After independence in 1957, Gold Coast was changed to Ghana.