University of Dar es Salaam School of Law

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Browsing University of Dar es Salaam School of Law by Subject "Africa"

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    The Concept of Human Rights in Africa
    (CODESRIA, 1989) Shivji, Issa G.
    Hitherto the human rights debate in Africa has concentrated on the legal and philosophical. The author, Professor of Law at the University of Dar es Salaam, here moves the debate to the social and political planes. He attempts to reconceptualise human rights ideology from the standpoint of the working people in Africa. He defines the approach as avoiding the pitfalls of the liberal perspective as being absolutist in viewing human rights as a central question and the rights struggle as the backbone of democratic struggles. The author maintains that such a study cannot be politically neutral or intellectually uncommitted. Both the critique of dominant discourse and the reconceptualisation are located within the current social science and jurisprudential debates.
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    Democracy and Democratization in Africa: Interrogating Paradigms and Practices
    (2011-11-09) Shivji, Issa G.
    Democracy is a model. Democratisation is a process. Democracy is a transplant. Democratisation is organic. By democracy I mean the concept of bourgeois liberal democracy imposed by the West on the Rest. By democratisation I mean the struggles of the Rest against the West and its local ‘implants’ to expand the sphere of human freedom and dignity. Vasco da Gama rounded the Cape of Good Hope in 1492 and blazed the trail for Western invasion of Africa and Asia. Christopher Columbus landed in Hispaniola (modern day Haiti and Dominican Republic) also in 1492 planting the seeds of first genocide of the original inhabitants of the Americas, the so-called Red Indians, and the most gruesome trade: The triangular, Atlantic slave trade. Thus began the next five centuries of the development of the world capitalist system and Western civilisation, with accumulation in the centre and dispossession in the periphery. The stories we tell our children and the history we teach them and the values we preach at the altar are spurned by the hegemonic West. This is called civilisation, progress, universal human rights, development, modernisation and now globalisation. The process of resistance against dispossession is called barbarism, cannibalism, nativism, witchcraft, juju, tribalism and terrorism. Thus goes on the story of the West and the Rest to this day as we meet here to discuss the liberal model of democracy, good governance, human rights, transparency, accountability, humanitarianism etc.
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    Three Generations of Constitutions in Africa: An Overview and Assessment in Social and Economic Context
    (2000) Shivji, Issa G.
    Discusses constitutions and constitution-making of three generations- independence constitutions modeled on those of metropolitan powers; nationalist constitutions during the developmentalist period and the current multiparty constitutions in the neoliberal era.