THABO MBEKI AFRICAN LEADERSHIP

INSTITUTE (TMALI)

GOCAFRT

KD Maxwell 77886860
5/23/2014

Managing diversity in Africa is one of the issues that the

human rights approach should concertedly engage in.
 Plagiarism Declaration

Name: Kariuki David Maxwell

Student Number: 77886860

I hereby declare that I know what plagiarism entails, plagiarism is taking

someone else’s thoughts, ideas or writing and passing them off as your
own (this includes submitting the work of other program participants.

I hereby declare that I know plagiarism is a serious academic offence

which can result in a student being expelled, impacting culprits standing
with other Universities and academic institutions

I declare that this portfolio examination is my own, original work. Where

someone else’s work was used (whether from a printed source, the
internet or any other source) due acknowledgement was given and
reference was made according to the institute’s requirements.

I did not make use of another student’s previous work and submitted it
as my own.

I did not allow and will not allow anyone to copy my work with the
intention of presenting it as his or her own work.

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Table of Contents

Introduction……………………………………………………….…………3

Africa’s
Diversity………………………………………………………………..….....5

Elements of Human
Rights……………………………………………..……………………....….5

Participation………..……………………………………………………..….5

Accountability…… …………………………………………………….…...9

Non Discrimination and

Equality…………………………………………….…………………….…..9

Minority
Rights………………………………………………………………………..10

Empowerment………………………………………………………………11

Action that can be implemented to empower Women in

Africa…………………………………………………………..……………12

UN Millennium Development GOAL

3……………………………….…………………………………………….13

Empowering women by giving them

loans………………………………………………………………..………14

Managing Diversity using

Federalism…………………………………………….…………………...15

Human Rights Approach for

Education……………………………………………….………………….17

Conclusion………………………………………..………………………..20

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Africa the cradle of humanity is defined by a wide range of diversity. In
Africa there resides thousands of ethnic groups, a great number of
cultures, races, and religion. This diversity makes Africa a truly amazing
place to anyone who lives inside or visits from the outside. The diversity
in Africa includes physical appearances, worship styles and religious
practises, dialects and languages, food, and recreational events.
Physical features and traditions.

This difference in the way of doing things makes Africa, lively and an
interesting place to be for all. Diversity is crucial because it gives us a
different view and respect for the other communities. Diversity helps us
appreciate the uniqueness of our neighbours.

While Africa’s diversity has been a source of pride, sadly in some parts
of Africa it has caused flare ups and tensions among the people. People
who did not understand this ethnic group’s way of doing things felt
threatened and reacted in a hostile manner against them.

Some leaders have taken advantage of the diversity and further divided
people for politics gains. Life, business and all other activities of life
would be boring if this aspect of diversity did not exist. Uniformity would
deny Africans the opportunity to be creative and innovative.

The Charter for African cultural Renaissance 2006, (yet to enter into
force) recognizes Africa’s diversity and cultures contribution to
equilibrium, strength in African economic development, conflict
resolution and the reduction of inequality and injustice in order to
promote integration.

While the question of full integration is still being addressed by the AU

and efforts are in place to achieve this noble goal. This integration
necessarily does not mean uniformity or the elimination of our
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differences, whether they are political, cultural, religious or geographical.
It is to be noted that Unity can mean a deep desire to see the future the
same way, across our social divides.

The challenges facing Africa including human development and poverty

alleviation can be achieved through a unity of purpose.

This paper will discuss how the human rights approach can manage
Africa’s diversity thereby enabling the people to know and claim their
rights. It will briefly discuss and explain the themes of Participation,
accountability, under non-discrimination and equality theme it will
discuss the issue of (minority rights as stipulated United Nations
conventions) under empowerment we will look at the case of Women
empowerment in relation to United Nations Millennium Development
Goal (MDG Goal No. 3 Promote gender equality and empower women),
Legality, Inter-dependence and Inter-relatedness this will explain how
the world has become a set of related systems, failure to uphold the
rights in one part of the continent will affect the continent as a whole and
lastly it will zero in on values that Human Rights Approach to education
can contribute in a society.

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 1. Africa’s Diversity

Article 1 of the of the UNESCO Universal Declaration on Cultural

Diversity – defines cultural diversity thus;

“Culture takes diverse forms across time and space. This diversity is
embodied in the uniqueness and plurality of the identities of the groups
and societies making up humankind. As a source of exchange,
innovation and creativity, cultural diversity is as necessary for
humankind as biodiversity is for nature. In this sense, it is the common
heritage of humanity and should be recognized and affirmed for the
benefit of present and future generations”1.

Samuel P. Huntington asserts further “People define themselves in

terms of ancestry, religion, values customs and institutions. They identify
with cultural groups, tribes, ethnic groups and religious communities”
Huntington 1996: 21 this could be said of Africa2

Human Rights are fundamental claims that oblige powers such as

governments to conduct or not to behave in a certain manner. Human
rights are inalienable rights basic to the human being. The UNESCO
projects include cultural diversity and human rights. UNESCO
addresses social and ethical challenges fostering diversity, and a culture
of peace3.

Development must have within itself the respect for basic and
fundamental human rights. A group of UN human rights experts marking
World Day for Cultural Diversity on 21 May 2010 issued a statement
asserting that cultural diversity and human rights go hand in hand.

1
UNESCO Universal Declaration on Cultural Diversity
2
The Clash of Civilizations and the Remaking of World Order [Samuel P. Huntington]
3
UNESCO

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“Cultural diversity can only thrive in an environment that safeguards
fundamental freedoms and human rights. They stressed that defending
diversity goes hand in hand with the respect for the dignity of the
individual. “Cultural diversity can be promoted only if human rights and
fundamental freedoms, such as freedom of expression and information
are guaranteed” 4

Managing diversity must be about how institutions and organizations

deal and treat the people. Africa’s fibre of leadership cannot afford to
just pay lip service to the issue of diversity they have to demonstrate it.
In an era of reconstruction, African renaissance and globalization, the
rise of women into strategic positions both in private and public domains,
the emergence of the African youth into board rooms, governments and
other sectors; if diversity is not given its due attention the new breed of
African thought leaders will put to question systems of governance that
are in place.

Diversity management must address and meet the needs of the people.
Diversity management approach will see first and foremost an
embracement of issues representing ethnos of different backgrounds.
Managing diversity needs to create an atmosphere that respects first
and foremost the dignity of persons.

“A human rights based approach is about empowering people to know

and claim their rights and increasing the ability and accountability of
individuals and institutions who are responsible for respecting and
fulfilling rights” 5

4
http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=10051&LangID=E
5
http://www.scottishhumanrights.com/careaboutrights/whatisahumanrightsbasedapproach

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 2. Elements of Human Rights Approach.

The Australian Human Rights Commission defines common principles,

of Human Rights based approach in managing diversity, identified as the
"PANEL"

1. Participation
2. Accountability
3. Non-discrimination and equality
4. Empowerment
5. Legality

3. Participation

Everyone has the right to participate in decisions which affect their

human rights. Participation must be active, free and meaningful, and
give attention to issues of accessibility, including access to information in
a form and a language which can be understood6

African governments need to consult the people with regards to every

day decisions that affect them. One of the problems that have existed
between governments and masses is exclusion. Failure of leaders to
seek consensus, and to involve the people in the business of
governance. A government for the people is too critical to be left to
politicians.

A mutual respect and trust needs to be fostered to rope the people in so

that they can be part of the decision makers. “Making democracy work

6
. http://www.humanrights.gov.au/human-rights-based-approaches

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requires informed and active citizenship who understand how to voice
their interests, act collectively and hold public officials accountable”7.

Participation is further clarified in the human rights based approach of

the UNDG “Every person and all peoples are entitled to active, free and
meaningful participation in, contribution to, and enjoyment of civil,
economic, social, cultural and political development in which human
rights and fundamental freedoms can be realized8

Towards the turn of the century African governments have embraced the
idea of a democratic Africa. This means more and more leaders are
open to the idea of alternating leadership. Smooth transitions, example
of Kenya’s 2013 presidential elections and long serving leaders stepping
down are some evidence of this openness to good governance; example
of Senegal’s former president Mr Wade. Around the world governments
are facing increased demands from their now informed citizenship. This
active citizenship is still maturing and hopefully we can witness a
situation where differing opinions are tolerated and debated in a civil
tone and not with pangas and machetes.

A Referendum (the submitting of legislative measures to the voters for

approval or rejection) is one way of citizen participation.9

Examples of countries that have held referendum;

“On October 5th 1960 the South African Government led by National
Party (NP) held a referendum in which white voters decided whether
South Africa should remain a member of British Commonwealth of

7
https://www.ndi.org/citizen-participation
8
. ”. http://www.undg.org/archive_docs/6959-
The_Human_Rights_Based_Approach_to_Development_Cooperation_Towards_a_Common_Understanding_a
mong_UN.pdf0
9
The Merriam –Webster Dictionary

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Nations or declares a republic. The result was 52% in favour of a
republic”10

From January 9th to 15th 2011 South Sudan held a referendum to

decide whether to remain part of Sudan or become a Republic. 98%
voted in favour of independence11.

On August 4th 2010 a constitutional referendum was held in Kenya on

whether to adopt a proposed new constitution. 66% voted in favour of
the new constitution through the YES campaign12.

Active and informed participation of people and groups is an essential

competent of human rights approach.

4. Accountability

Accountability requires effective monitoring of compliance with human

rights standards and achievement of human rights goals, as well as
effective remedies for human rights breaches. For accountability to be
effective there must be appropriate laws, policies, institutions,
administrative procedures and mechanisms of redress in order to secure
human rights.

Effective monitoring of compliance and achievement of human rights

goals also requires development and use of appropriate human rights
indicators. 13

Africa’s independent institutions with the right kind of laws and people
based policies will mean the people have recourse for redress. In the

10
http://www.sahistory.org.za/dated-event/south-africa-holds-referendum-decide-if-sa-should-become-
republic) Accessed 2014.05.12.
11
http://www.un.org/en/peacekeeping/missions/past/unmis/referendum.shtml
12
. http://www.bbc.co.uk/news/world-africa-10876635
13
http://www.humanrights.gov.au/human-rights-based-approaches

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event that violations occur there will be access to those aggrieved to
seek justice.

According to Greiling and Halachmi: “Accountability has to do with

appropriateness of actions and adherence to obligations” but they go on
to caution that “too many arrangements to ensure accountability cab
prevent organizations from achieving their missions”. They propose
traditional accountability approaches- reporting, auditing, poor
performance... Accountability may mean different things to different
people, Auditors, evaluators, media, and oversight committees”14.

Accountability expresses public officials’ willingness to be scrutinized;

the numbers of cases of gross human rights violations that have not
been addressed in a competent court are countless.

Accountability and Rule of Law: States and other duty-bearers are

answerable for the observance of human rights. In this regard, they have
to comply with the legal norms and standards enshrined in human rights
instrument s. Where they fail to do so, aggrieved rights-holders are
entitled to institute proceedings for appropriate redress before a
competent court or other adjudicator in accordance with the rules and
procedures provided by law15.

5. Non-discrimination and equality

Human rights based approach means that all forms of discrimination in

the realisation of rights must be prohibited, prevented and eliminated. It
also means that priority should be given to people in the most
marginalised or vulnerable

14
http://cdn.govexec.com/interstitial.html?v=2.1.1&rf=http%3A%2F%2Fwww.govexec.com%2Fexcellence%2F
promising-practices%2F2013%2F06%2Fwhat-do-we-really-mean-government-accountability%2F64208%2F
15
http://www.undg.org/archive_docs/6959-
The_Human_Rights_Based_Approach_to_Development_Cooperation_Towards_a_Common_Understanding_a
mong_UN.pdf0

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One of the sad realities claimed by African minorities is the abuse, and
denial of their rights. When diversity is not given its rightful respect the
minority groups feels excluded distancing themselves from vital issues
such as participation in important decisions. Managing diversity calls for
all stake holders to uphold and respect minority groups for equality
purposes.

To contribute to a fair society there has to be a commitment to the value

of equality. Conscious efforts must be in place to eliminate prejudices
and conduct that is indifferent to the set codes. Managing diversity must
get treat all the people fairly. The issue of value based leadership comes
into play. This type of leadership is able to treat people with dignity and
respect irrespective of age, race, and religion.

6. Minority Rights

As noted by UN Human Rights Chief Navi Pillay ;

“The exclusion of minorities from effective participation in decision

making is often rooted in violations of the principles of equality and
non-discrimination.” She added: “These principles are a
cornerstone of the United Nations and they are embedded in the
nine core international human rights instruments.”

Societies flourish when all voices are heard, when all opinions are
considered; when all citizens participate; and when the talent that
exists in all communities is enabled to contribute to political
institutions. Inclusion is good for societies at large, not just for
those previously left out. So, creating the conditions for the
effective participation of minorities should be considered by States

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 as an integral aspect of good governance and a key priority in their
efforts to ensure equality and non-discrimination,”

Newly-appointed chairperson of the second session of the Minority

Forum, US Congresswoman Barbara Lee also echoed the call for
equal rights for minorities.

“Many situations around the world show that an adequate

representation of minority groups in the society’s policy and
decision making is a critical element in breaking the cycle of
discrimination, disenfranchisement, disproportionate levels of
poverty, suffered by minorities,” Lee told the Forum. 16

Managing diversity in Africa must focus attention on the protection of the

rights of the minority and the marginalized. “Human Rights approach
should serve as a bridge among all cultures and should not be
subservient to social or religious norms” All persons, including national
or ethnic, religious and linguistic minorities and those based on other
attributes, as well as indigenous people have a right to express
themselves and to create and disseminate their work in the language of
their choice and receive quality education and training that fully respect
their cultural identity” 17

7. Equality and Non-discrimination: All individuals are equal as

human beings and by virtue of the inherent dignity of each human
person. All human beings are entitled to their human rights without
discrimination of any kind, such as race, colour, sex, ethnicity, age,
language, religion, political or other opinion, national or social

16
http://www.ohchr.org/EN/NewsEvents/Pages/MinorityRights.aspx accessed May 12th 2014.
17
http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=10051&LangID=E Accessed May
12th 2014.

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 origin, disability, property, birth or other status as explained by the
human rights treaty bodies. 18

8. Empowerment

Everyone is entitled to claim and exercise their rights and freedoms.

Individuals and communities need to be able to understand their rights,
and to participate fully in the development of policy and practices which
affect their lives.

Managing diversity in Africa must address the issue of empowerment.

9. Economic Empowerment

Human rights approach needs to address the importance of investing in

women’s economic empowerment. As noted by UN Women empowering
women economically “sets a direct path towards gender equality,
poverty eradication and inclusive economic growth. Women make
enormous contributions to economies, whether in businesses, on farms,
as entrepreneurs or employees, or by doing unpaid care work at home”19

For long African women have been pushed to the periphery of poverty.
Women have borne the brunt of poverty, violence and injustices. A
UNDP report on Gender and Poverty reduction paints a disturbing
picture on the situation of lack of empowerment for women in Africa.

18
http://www.undg.org/archive_docs/6959-/
The_Human_Rights_Based_Approach_to_Development_Cooperation_Towards_a_Common_Understanding_a
mong_UN.pdf0
19
http://www.unwomen.org/ru/what-we-do/economic-empowerment

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 “Six out of ten of the world's poorest people are women who must,
as the primary family caretakers and producers of food, shoulder
the burden of tilling land, grinding grain, carrying water and
cooking. This is no easy burden. In Kenya, women can burn up to
85 per cent of their daily calorie intake just fetching water”.

Equality between men and women is more than a matter of social

justice - it's a fundamental human right. But gender equality also
makes good economic sense. When women have equal access to
education, and go on to participate fully in business and economic
decision-making, they are a key driving force against poverty.
Women with equal rights are better educated, healthier, and have
greater access to land, jobs and financial resources. Their
increased earning power in turn raises household incomes. By
enhancing women's control over decision-making in the
household, gender equality also translates into better prospects
and greater well-being of children, reducing poverty of future
generations.

Gender equality and women's empowerment is central to

achieving the Millennium Development Goals (MDGs). Yet, while
there are some positive trends in gender equality, there are still
many areas of concern. Girls account for the majority of children
not attending school; almost two-thirds of women in the developing
world work in the informal sector or as unpaid workers in the
home. Despite greater parliamentary participation, women are still
out numbered four-to-one in legislatures around the world.

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 Gender equality is a condition for inclusive, democratic, violence-
free and sustainable development. This is why UNDP works
collaboratively with national partners to:

10. Action that can be implemented to empower Women in

Africa.
§ Include women in planning, budgeting, and policy-making
processes in a meaningful way;
§ Promote women's and girls' economic rights and
opportunities;
§ Address the gender dimensions of HIV and AIDS;
§ Strengthen the collection and analysis of gender-
disaggregated data;
§ Ensure that essential public services like health and
education benefit women, men, girls and boys equitably.20
11. UN Millennium Development Goal No. 3

Promote gender equality and empower women.

Women's Empowerment

UNDP has concentrated immense energy in seeking to eradicate

women discrimination and empowerment for women. UNDP has
Focused on gender equality and women’s empowerment not only as
human rights, but also because they are a pathway to achieving the
Millennium Development Goals and sustainable, development. UNDP
supports the rise of Women into institutions such as government,

20
http://www.undp.org/content/undp/en/home/ourwork/povertyreduction/focus_areas/focus_gender_and_
verty.html

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National Assembly and civil society as pivotal determinants of their
societies future. 21

The Human Rights approach has in place an instrument that elaborates

and commits governments to ensure women empowerment in Africa.
Article 2 of the PROTOCOL TO THE AFRICAN CHARTER ON HUMAN
AND PEOPLES' RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA
advocates for the elimination of discrimination against Women.

1. States Parties shall combat all forms of discrimination against women

through appropriate legislative, institutional and other measures. In this
regard they shall:

a) include in their national constitutions and other legislative

Instruments, if not already done, the principle of equality between

women and men and ensure its effective application;

b) enact and effectively implement appropriate legislative or

regulatory measures, including those prohibiting and curbing all
forms of discrimination particularly those harmful practices which
endanger the health and general well -being of women;

12. Empowering women by giving them loans

Africa has seen the rise of properly structured financial institutions that
are willing and ready to offer even tiny loans with the aim of
empowering women previously waist deep in poverty. Thereby

21
http://www.undp.org/content/undp/en/home/ourwork/womenempowerment/overview.html/ PROTOCOL
TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA

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empowering them to do small or big businesses. When a woman is
given the earning potential she is able to contribute to the economy
wheel of her respective nations.

“Many financial institutions and micro finance bodies have

recognized that African women are better money managers than
men. Again, to make this clearer, I must mention Kenya as an
example where in the fiscal year 2011 to 2012, Kenya Women
Finance Trust (KWFT) won an award for the best Deposit Taking
Micro-finance organization. KWFT accepts deposits from girls and
women only. It advises women on projects that can earn them
money and lends them start-up capital at very affordable interest
rates. This alone has led to improved living standards for many
urban families in Kenya” 22

13. Legality

A human rights based approach requires that the law recognises human
rights and freedoms as legally enforceable entitlements, and the law
itself is consistent with human rights principles.

14. Inter-dependence and Inter-relatedness.

The world is a now a set of related systems and we are all

interconnected. What affects one group, affects the other as well. Martin
Luther King in his “letter from Birmingham jail coined the phrase
“injustice anywhere is a threat to justice everywhere” Dr King was
reminding the people that no matter what piece of ground we occupy we
all inter connected. Part of Dr King’s letter from Birmingham jail read;

22
http://www.microcapital.org/microcapital-brief-kenya-womens-finance-trust-kwft-receives-16m-in-equity-
investments-from-incofins-rural-impulse-fund-ii-rif-ii-norwegian-microfinance-initiative-nmi-fund-i/

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“Moreover I am cognizant of the inter relatedness of all communities and
sates. I cannot sit idly by in Atlanta and not be concerned about what
happens in Birmingham. I injustice anywhere is a threat to justice
everywhere. We are caught up in escapable network of mutuality, tied in
a single garment of destiny. Whatever affects one directly, affects all
indirectly”23

This truth is clarified further thus;

“The realization of one right often depends, wholly or in part, upon the
realization of others. For instance, realization of the right to health may
depend, in certain circumstances, on realization of the right to education
or of the right to information24

15. Managing Diversity through Federalism.

In managing diversity, the use of federalism has shown to be effective.

John Brown asserts “It is fear and hate generated from the top and not
ethnic differences that finally push people to commit acts of violence” 25

Tesfaye Habisso, former Ethiopian ambassador to South Africa

addressing the issue of federalism in managing ethnicity points out to
the view held by anti-federalism that it hasn’t been successful and has
created even more divisions and conflict. But he has also pointed out to
its success if managed well.

23
Letter from Birmingham jail.
24
.” http://www.undg.org/archive_docs/6959-
The_Human_Rights_Based_Approach_to_Development_Cooperation_Towards_a_Common_Understanding_a
mong_UN.pdf
25
John Brown

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As Ambassador Habisso has noted, federalism is a great way of
accommodating the aspirations of an ethnic group’s religious and
cultural beliefs. It encourages participation by the members of the
community in deciding their affairs whether political or economic.
Federalism is a tool that strengthens unity in diversity. Federalism needs
to be designed in a way that appeals to the oneness and stability across
different construct of social divide.

“Clearly, ethnic federalism is no panacea and won’t work

everywhere; as some commentators suggest, for instance, it
wouldn’t work under current conditions in Israel/Palestine. But,
overall, it has been a great success in Switzerland, Belgium,
Canada, and a number of other countries. By allowing each
ethnic/cultural-linguistic community to have control of those
regions of the country where it is in the majority, while respecting
basic minority rights”

In a seminal work, S. Rufus Davis argued that there was no causal

relationship between federalism and anything else:

“The truth of the matter is…. and experience has been the
teacher…that some ‘federal’ systems fail, some do not; some
promote a great measure of civil liberty, some do not; some are
highly adaptive, some are not… Whatever their condition at any
one time… it is rarely clear that it is so because of their
federalness, or the particular character of their federal institutions,
or the special way they practice federalism, or in spite of their

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 federalness.” [S. Rufus Davis, The Federal Principle, Berkeley:
University of California Press, 1978, pp. 211-212]26

Federalism is crucially important in that it neutralizes conflict, it

encourages intra ethno partnership. In establishing federalism human
rights approach must have in mind the need to protect vulnerable
minorities and give groups a degree of self-determination. To avoid the
feeling of domination by authorities in federalism a system of checks and
balances is needs to be upheld. This relation between the system and
the masses is vital in ensuring the people accept their legitimacy and
give the state the right to enforce laws and it deserves loyalty and
allegiance.

Human rights based approach will lead nations and groups of people to
return to values peaceful co-existence, respect and tolerance thus
eliminating, divisions and eliminating conflict and disharmony. As a
continent endowed with diversity which is expressed by religion, cultures
and heritages we can enjoy unity of purpose. This can be true when
entrenched systems do not allow our diversities to rise above the
already established human rights standards.

In diversity setting there are differences in opinions and perspectives,

but when the principles of participation, accountability, tolerance are
exercised those differing opinions are always debated in a respectful
tone.

Federalism is a concrete manifestation of the right to internal self-

determination of specific communities in a multi-ethnic or multi-
national state. A federal structure of the state has the potential to
accommodate the legitimate aspirations of all ethnic, linguistic or

26
Can Ethnic Federalism Help to Manage Ethnic Conflicts and Accommodate National Diversity-
http://www.tigraionline.com/articles/article121023.html

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 religious communities for self-government and protection of their
distinct cultural and religious identities, while at the same time
guaranteeing equal participation by all communities and by all
citizens in the political and economic affairs of the country as a
whole. Thus, federalism is considered as a multi-layered political
structure that facilitates both unity and diversity:

Federalism is considered as a means to live with cultural diversity.

The federal political order allows to give space to the expression of
different identities or diversities within a country. It is a political
order that allows for the peaceful coexistence of people of varying
cultures within one country. It is as well a device for nation building
(or the preservation of a nation) as for the preservation and the
protection of sub-national political communities. 27

16. Human Rights Approach for Education.

A number of African countries have adopted the human rights based

approach for education by making it compulsory and free. Samantha
Lowe observes “Children are recognized as the future of any country.
The knowledge base provided to them through education is integral to
not only develop individuals but also the country as a whole. The United
Nations recognized this by creating one of their Millennium Development
Goals devoted to achieving Universal Primary Education by 2015. While
this has been successful in many nations across the world, there are
only a collection of countries that offer free primary education”

Almost all sub Saharan African countries offer free primary education.
This has been a major achievement resulting in more teaching staff

27
http://www.tigraionline.com/articles/article121023.html

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being hired and more teaching facilities being built. Although the issue of
quality education still needs to be examined, the fact that more children
can now enrol into schools for the first time is a laudable effort as far
human right approach is concerned.

Education has been formally recognized as a human right since

the adoption of the Universal Declaration of Human Rights in 1948.
This has since been affirmed in numerous global human rights
treaties, including the United Nations Educational, Scientific and
Cultural Organization

(UNESCO) Convention against Discrimination in Education (1960),

the International Covenant on Economic, Social and Cultural
Rights (1966) and the Convention on the Elimination of All Forms
of Discrimination against Women (1981). These treaties establish
an entitlement to free, compulsory primary education for all
children; an obligation to develop secondary education, supported
by measures to render it accessible to all children, as well as
equitable access to higher education; and a responsibility to
provide basic education for individuals who have not completed
primary education.

Furthermore, they affirm that the aim of education is to promote

personal development, strengthen respect for human rights and
freedoms, enable individuals to participate effectively in a free
society, and promote understanding, friendship and tolerance. The
right to education has long been recognized as encompassing not
only access to educational provision, but also the obligation to
eliminate discrimination at all levels of the educational system, to
set minimum standards and to improve quality. In addition,

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 education is necessary for the fulfilment of any other civil, political,
economic or social right.28

The number of children who haven’t been able to access free primary
education is still significantly higher. “More than half of the children
missing out on school are now in sub-Saharan Africa. The last annual
report showed that in some countries, including Nigeria, the problem is
getting worse rather than better” 29

Regardless of the facts it is commendable to note that a good number of

sub Saharan countries are on target as far as Millennium Development
Goals are concerned, and there are successes to be celebrated in all
thematic areas of the goals.

“However almost half of the world’s out-of-school children (32 million)

live in sub-Saharan Africa, the report says. Girls’ school enrolment in
sub-Saharan Africa is the second lowest of all regions at the primary
education level and the lowest at the secondary and tertiary education
levels. This has led to some scholars to conclude that Sub-Saharan
Africa is not on track to meet MDGs by 2015” 30

A rights-based approach can contribute significant added value in many

areas as contained in the UNESCO and UNICEF 2007 A HUMAN
RIGHTS-BASED APPROACH TO EDUCATION FOR ALL the frame
work shed light on how human rights approach to education can
contribute to education to democracy as learners are encouraged to
express their views, knowing their views will be respected and listened
to. Inter communal co-existence and social cohesion is also other values
that can be added in a society.

28
: http://www.ehow.com/info_7998042_countries-offer-primary-education.html#ixzz31h6wrzaX
29
http://www.bbc.com/news/education-22803632
30
(http://www.umuvugizi.com/?p=2819&lang=en )

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 “It promotes social cohesion, integration and stability: Human
rights promote democracy and social progress. Even where
children have access to school, a poor quality of education can
contribute to disaffection. A rights-based approach to education,
which emphasizes quality, can encourage the development of
school environments in which children know their views are
valued. It includes a focus on respect for families and the values of
the society in which they are living. It can also promote
understanding of other cultures and peoples, contributing to
intercultural dialogue and respect for the richness of cultural and
linguistic diversity, and the right to participate in cultural life. In this
way, it can serve to strengthen social cohesion”.

Peace, and its pursuit and non-violent ways of solving conflict are other
values that get embedded through it. An investment of this sort is
fundamental in placing in the hands of learners from an early age skills
of conflict resolving and peace building.

“It builds respect for peace and non-violent conflict

resolution: A rights-based approach to education is founded on
principles of peace and non-violent conflict resolution. In achieving
this goal, schools and communities must create learning
environments that eliminate all forms of physical, sexual or
humiliating punishment by teachers and challenge all forms of
bullying and aggression among students. In other words, they
must promote and build a culture of non-violent conflict resolution.
The lessons children learn from school-based experiences in this
regard can have far-reaching consequences for the wider society”

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“It contributes to positive social transformation: A rights-based
approach to education that embodies human rights education empowers
children and other stakeholders and represents a major building block in
efforts to achieve social transformation towards rights-respecting
societies and social justice”

Children are products of an environment. Children who are exposed to

an environment of violence will likely be violent. Children that are not
treated with care, consideration and respect will grow to exhibit those
same characteristics. A human rights based approach must be non-
bias, it must show empathy to children who have been forced into
difficult situations such as orphans and those forced to work at night and
go to school during the day.

“It is more cost-effective and sustainable: Treating children with

dignity and respect – and building inclusive, participatory and
accountable education systems that respond directly to the
expressed concerns of all stakeholders –will serve to improve
educational outcomes. In too many schools, the failure to adapt to
the needs of children, particularly working children, results in high
levels of dropout and repeated grades. Children themselves cite
violence and abuse, discriminatory attitudes, an irrelevant
curriculum and poor teaching quality as major contributory factors
in the inability to learn effectively and in subsequent dropout” 31

31
http://www.unicef.org/publications/files/A_Human_Rights_Based_Approach_to_Education_for_All.pdf

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Conclusion

The principles of Human Rights based approach, mainly; Participation,

accountability, non-discrimination, and empowerment can be effective as
far as managing diversity is concerned in the human rights based
approach. Participation gives everyone the right to participate in
decisions which affect their human rights. Accountability has to do with
appropriateness of actions and adherence to obligations. Accountability
expresses public officials’ willingness to be scrutinized; the numbers of
cases of gross human rights violations that have not been addressed in
a competent court are countless. Non-discrimination contributes to a fair
society and equality by eliminating prejudices and conduct that is
indifferent to the set codes.

A rights-based approach to Education can contribute significant added

value in this kind of environment learners are encouraged to express
their views, knowing their views will be respected and listened to. Inter
communal co-existence and social cohesion is also other values that
can be added in a society.

Bibliography

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 1. UNESCO Universal Declaration on Cultural Diversity, Viewed 16th
May 2014, http://portal.unesco.org/en/ev.php-
URL_ID=13179&URL_DO=DO_TOPIC&URL_SECTION=201.html
2. The Clash of Civilizations and the Remaking of World Order
[Samuel P. Huntington]
3. “Human rights and cultural diversity go hand in hand”, say UN
experts, Viewed 16th May 2014,
http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?N
ewsID=10051&LangID/
4. What is a human rights based approach? Viewed 19th May 2014,
http://www.scottishhumanrights.com/careaboutrights/whatisahuma
nrightsbasedapproach
5. CITIZEN PARTICIPATION Viewed 20th May 2014,
https://www.ndi.org/citizen-participation.
6. ”. http://www.undg.org/archive_docs/6959-
7. The Human Rights Based Approach to Development Cooperation:
Towards a Common Understanding Among UN Agencies – viewed
20th MAY 2014, http://hrbaportal.org/the-human-rights-based-
approach-to-development-cooperation-towards-a-common-
understanding-among-un-agencies#sthash.iDTZvpNz.dpuf,
8. The Merriam –Webster Dictionary
9. South Africa History Online, http://www.sahistory.org.za/dated-
event/south-africa-holds-referendum-decide-if-sa-should-become-
republic)%20Accessed%202014.05.12.
10. Independence of South Sudan, viewed 21st May 2014,
http://www.un.org/en/peacekeeping/missions/past/unmis/referendu
m.shtml
11. Kenyans back change to constitution in referendum, viewed
21st May 2014, http://www.bbc.co.uk/news/world-africa-10876635

27 | P a g e

 12. Human rights based approaches, viewed 19th may 2014,
http://www.humanrights.gov.au/human-rights-based-approaches
13. What Do We Really Mean by 'Government Accountability'?,
viewed 19th march 2014,
http://www.govexec.com/excellence/promising-
practices/2013/06/what-do-we-really-mean-government-
accountability/64208/
14. The Human Rights Based Approach to Development
Cooperation
Towards a Common Understanding Among UN Agencies, viewed
20th May 2014, http://www.undg.org/archive_docs/6959-
The_Human_Rights_Based_Approach_to_Development_Cooperat
ion_Towards_a_Common_Understanding_among_UN.pdf.

15. http://www.ohchr.org/EN/NewsEvents/Pages/MinorityRights.
aspx accessed May 12th 2014.
16. http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.as
px?NewsID=10051&LangID=E Accessed May 12th 2014.
17. The Human Rights Based Approach to Development
Cooperation
Towards a Common Understanding Among UN Agencies , viewed
21st May 2014, http://www.undg.org/archive_docs/6959-
The_Human_Rights_Based_Approach_to_Development_Cooperat
ion_Towards_a_Common_Understanding_among_UN.pdf
18. The Human Rights Based Approach to Development
Cooperation: Towards a Common Understanding Among UN
Agencies viewed 21st MAY 2014, - See more at:
http://hrbaportal.org/the-human-rights-based-approach-to-

28 | P a g e

 development-cooperation-towards-a-common-understanding-
among-un-agencies#sthash.iPfOz8pc.dpuf
19. The Human Rights Based Approach to Development
Cooperation
Towards a Common Understanding Among UN Agencies, viewed
21st May 2014, http://www.undg.org/archive_docs/6959-
The_Human_Rights_Based_Approach_to_Development_Cooperat
ion_Towards_a_Common_Understanding_among_UN.pdf
20. Economic Empowerment, viewed 21st may 2014,
http://www.unwomen.org/ru/what-we-do/economic-empowerment
21. PROTOCOL TO THE AFRICAN CHARTER ON HUMAN
AND PEOPLES' RIGHTS ON THE RIGHTS OF WOMEN IN
AFRICA, viewed 21st May 2014,
http://www.undp.org/content/undp/en/home/ourwork/womenempo
werment/overview.html/
22. MICROCAPITAL BRIEF: Kenya Women’s Finance Trust
(KWFT) Receives $16m in Equity Investments from Incofin’s Rural
Impulse Fund II (RIF II), Norwegian Microfinance Initiative (NMI)
Fund III, NMI Frontier Fund, viewed 19th may 2014,
http://www.microcapital.org/microcapital-brief-kenya-womens-
finance-trust-kwft-receives-16m-in-equity-investments-from-
incofins-rural-impulse-fund-ii-rif-ii-norwegian-microfinance-
initiative-nmi-fund-i/
23. "Letter from a Birmingham Jail [King, Jr.]", viewed 19th May
2014,
http://www.africa.upenn.edu/Articles_Gen/Letter_Birmingham.html
24. Can Ethnic Federalism Help to Manage Ethnic Conflicts and
Accommodate National Diversity- viewed 18th May 2014,
http://www.tigraionline.com/articles/article121023.html,

29 | P a g e

 25. Which Countries Offer Free Primary Education?, viewed 18th
May 2014, http://www.ehow.com/info_7998042_countries-offer-
primary-education.html
26. Slight fall in world's children without schools, viewed 18th
may 2014, http://www.bbc.com/news/education-22803632
27. (http://www.umuvugizi.com/?p=2819&lang=en )
28. A Human Rights-Based Approach to EDUCATION FOR ALL,
viewed 18th May 2014,
http://www.unicef.org/publications/files/A_Human_Rights_Based_
Approach_to_Education_for_All.pdf

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