The Africa Governance Report Box 2: National Human Rights Institutions All Member States have constitutions with bills of rights to protect human rights and mechanisms for their protection. Some States have set up legal frameworks to protect human rights defenders, while others are in the process of doing so. Despite these positive developments, implementation of continental human rights instruments and protections provided for by national constitutions are still far from satisfactory, as reports by the African Commission on Human and Peoples’ Rights indicate. In many Member States, press freedom is curtailed, and opposition politicians are constantly threatened with arrest and detention. Many governments continue to forcefully prevent peaceful demonstrations, even where the law does not require prior authorization. Such endeavours to prevent citizens from enjoying their rights to assemble and peacefully demonstrate have in many cases led to the arbitrary arrest, detention and ill-treatment of citizens by police and security forces. The promotion and protection of civil and political rights therefore need to be strengthened. However, it is encouraging that in some countries, the courts have declared criminal defamation laws unconstitutional, while other States have simply abolished such laws. The abuse of the rights of women and children also remains widespread, with women and girls being subjected routinely to rape and other sexual violence. Many countries, fortunately, have adopted policies and laws to promote and protect women’s and children’s rights. African countries have also continued to experience internal and external conflicts, which are invariably accompanied by massive human rights violations. However, there are also human rights abuses in countries where there is relative peace. Common human rights violations include the forcible displacement of populations, extrajudicial executions, torture and other forms of ill-treatment that in some cases lead to death. These violations are serious abuses of international humanitarian and human rights law. Social and economic rights have not fared much better, with countries doing little to ensure their enjoyment. Poverty and social inequalities have not only remain widespread, but have been exacerbated by the prevalence of corruption in most countries. Such corruption deprives the State of the resources it needs to provide its citizens with essential services like healthcare, water and education. The African Commission on Human and Peoples’ Rights estimates that Africa loses around USD 148 billion a year to corruption. In addition, corruption creates discrimination in access to these services, further undermining the social and economic rights of the poor, marginalised and disadvantaged groups. These are conditions that often drive disaffection, revolt and even terrorism. An increasing number of Africans are fleeing their homes for neighbouring countries to escape from violence, insecurity, conflicts, natural disasters, the negative effects of major development projects and climate change. As a result, Africa now has a large population of refugees, asylum seekers, displaced persons and migrants who are exposed to human rights abuses due to their statelessness. In addition, the laws, policies and practices of many countries remain hostile towards indigenous populations. For example, the lands of indigenous populations in many cases, are routinely expropriated without compensation or their consent . Countries also need to step up efforts to promote and protect the rights of older persons and peoples with disabilities. Many countries do not provide for social and economic rights in their constitutions. Such rights are often merely mentioned under headings like “directive principles of state policy” in spite of the fact that these rights are enshrined in the African Charter on Human and Peoples’ Rights.28 For this reason, courts in those countries are not in a position to enforce such rights. On the bright side, a good number of countries have introduced free education for both primary and secondary school age children. Many also have revised or are in the process of revising their mineral rights regimes to ensure that citizens benefit from extractive industries, and that the activities of these industries are environmentally sustainable. 4.4.3 Public Participation in Governance The practice of constitutionalism and the rule of law requires effective public participation in governance. It is only by participating effectively in public decision-making that people and groups can have their needs and interests addressed. Popular participation not only enhances the quality of the decisions of government but also the prospects of their successful implementation. Government and public officials have a duty to consult those likely to be 28 Mubangizi JC, 2006. “The Constitutional Protection of Socio-Economic Rights in Selected African Countries: A Comparative Evaluation”, African Journal of Legal Studies 1, 2006. Page 48 of 96