The renewed vigour in Africa that has seen almost every document coming out of the African Union heavily loaded with the language of human rights, the rule of law, democratic and good governance should not be seen as a mere coincidence. Africa is having a new breed of leaders amidst some life presidents, who embrace the thinking that it is Africa's time, which has been conveniently coined - the African Renaissance.
This concept flows from a belief that the reconstruction of the continent's destiny lies in the hands of African people themselves. Itsymbolises a better future for Africa based on the restoration of African principles of human dignity, shared humanity, expression of values and symbols talking to African issues and perceived solutions. This expression of African values and thinking is reflected in the tapestry of the AU architecture clearly outlined in its Constitutive Act. 187 The Constitutive Act places at its centre a renewed commitment to human rights, rule of law, peace and security, good governance, transparency and accountability. This thinking brings to the fore the thinking that influenced Afrocentricity,188 which seeks to re-locate Africa and the
187See J. Oloka-Onyago (note 32 above)
188 A term popularly coined by Molefi Kete Asante which seeks to re-locate the African person as an agent in human history in an effort to eliminate the illusion of the fringes. It argues that the past five
African person as 'an agent in human history' rather than footnotes of history. In attempting to highlight this process, the AU Commission asserted that Africa can no longer 'trail behind' or be 'relegated to the sidelines by anyone' but rather it is an attempt to place the African continent firmly in the centre of development processes.
It is probably this thinking that influenced Nelson Mandela in the opening quote of this chapter that this 'dream of Africa's rebirth' is dependent on 'each country and each regional grouping on the continent committing itself to the principles of democracy, respect for human rights and the basic tenets of good governance'. The adoption of principles like democracy, intervention in state affairs in case there is an unconstitutional change of government, human rights and the rule of law in the Constitutive Act, marks a renewed commitment by African leaders that is different from the OAU architecture.
For the realisation of these new ideals by African leaders, there has to be a change in the mindset. Already, the African leaders have put into effect the African Court on Human and People's Rights with the swearing in of judges in the Banjul Summit of the AU Heads of State and Government. The Treaty creating the Court entered into force on 25 January 2004. The lack of enforcement mechanisms in the past had been a sore point in the whole architecture of the African human rights system. The coming into force of the Court will undoubtedly provide important foundations for democratic governance, human rights and the rule of law. It is also hoped that it will form a basis for the creation of 'a strong jurisprudence of African human rights'.189
Mbeki makes an interesting point in defining what should be understood as genuine liberation in the context of the African renaissance, which builds on the analytical observation on Africa's challenges made by the AU Commission. He points out that:
The first of these (elements) is that we must bring to an end the practices as a result of which many throughout the world have the view that as Africans, we are incapable of establishing and maintaining systems of good governance. Our own practical
hundred years (a period of slavery and colonialism), Africans have been taken off of cultural, economic, religious, political, and social terms and have existed primarily on the periphery of Europe. This has made Africans to kind of worship this anti-African racism born of Western triumphal ism and undermined African classical heritage and contributions to world civilization and knowledge.
189See W. Nagan in 'Implementing the African Renaissance: Making African Human Rights Comprehensive for the New Millenium', February 9,2004.
experiences tell us that military governments do not represent the system of good
h· h k190
governance, w IC we see .
This reflects an emergence of a new thinking in the continent and a demonstration that Africa now has leaders who are consistently pushing for social and political reforms that are centred on democracy and sound governance, and who have committed their countries to democratic governance by subjecting themselves to a process of peer review under the voluntarily acceded to APRM. The intended outcome of the APRM is to provide a mechanism for peer review and appraisal to effect common values of governance. This is further captured in the NEPAD Base Document to demonstrate Africa's commitment to the promotion and protection of human rights as enshrined in the African Charter.Itsays:
Across the continent, Africans declare that we will no longer allow ourselves to be conditioned by circumstance. We will determine our own destiny and call on the rest of the world to complement our efforts. There are already signs of progress and hope.
Democratic regimes that are committed to the protection of human rights, people- centred development and market-oriented economies are on the increase. African peoples have begun to demonstrate their refusal to accept poor economic and political leadership. These developments are, however, uneven and inadequate and need to be further expedited.191
Interestingly, NEPAD in its content and framework asserts an emphasized recognition of the interdependence of peace, human rights and development, which is an important development as it affirms the contention of interrelatedness of rights to development outlined in the African Charter. This linkage of development to human rights and sound political and economic governance, suggest that the evolving African governance and security architecture incorporates democracy, peace and development as fundamental pillars of a new Africa seeking to reclaim its place in history necessary for development. We see these positive elements in instruments like the SADC Treaty particularly its objectives, which are to (a) evolve common political values and, systems and institutions; and (b) promote and defend peace and security. Herein lies the
190See T. Mbeki (note 76 above).
191 See NEPAD Base Document, Para 7 (note 75 above)
vision of an African renaissance, which recognizes the importance of democratic governance and human rights as enshrined in a number of clauses in the African Charter. These in a way suggest that in order for Africa to realize the objectives of development within their set timeframes, a change in thinking must be realized.
Perhaps President Mandela's address to the SADC Summit in Malawi in September 1997, quoted above captures the spirit of such new thinking.
At a political level, SADC member states have to commit themselves 'to promote common political values, systems and other shared values, which are transmitted through institutions that are democratic, legitimate and effective',192 and this would be done in promotion and pursuit of peace and security.