Abstract
This chapter elaborates on a specific limitation of the recent emphasis on formalisation in a particular aspect of the practice of international development. Through a case study of the recent legal empowerment of the poor initiative, the chapter demonstrates that the value of political participation and its potential effect on poverty alleviation is illustrative of the type of values that are misplaced as a result of the pursuit of formalisation. After outlining the specific elements of this argument, the chapter shows that there is a stronger appreciation of political participation among the poor in the informal sphere in Africa and other parts of the third world. Apart from firmly grasping the significance of political participation, the expansiveness of diverse forms of activity in the informal sphere provides a significant medium to concretise this value, particularly in ways that can compete with mainstream initiatives aspiring to do the same. The chapter concludes by sketching out key features and the potential of the informal political participation of the poor, including the advantage this model holds over the human right to political participation.
This chapter has been published in slightly altered form as part of a special issue on ‘Contemporary African Jurisprudence’ in 2012 in The Journal Jurisprudence 14, 221–224. I thank the publisher, The Elias Clark Group, for permission to reproduce it in this collection of essays.
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Notes
- 1.
It may not be a coincidence from the point of view of the argument here that the human right to self-determination emerges as a political and not an economic right. On the right to self-determination, see Article 1(1) of the International Covenant on Civil and Political Rights and the International Covenant of Economic, Social and Cultural Rights.
- 2.
On the right to political participation see, Article 25 of the International Covenant for Civil and Political Rights. See General Comment 25 for an expansion of the right to political participation. Paragraph 1, General Comment No 25: The right to participate in public affairs, voting rights and the right of equal access to public service (Art. 25): 12/07/96 CCPR/C/21/Rev.1/ Add.7. The Universal Declaration of Human rights (UDHR), which preceded the two covenants is also vague on this point when it deals with political participation. Article 21 (a) seems to restrict political participation to the right to take part in government, omitting any form of political and non-political activity unrelated to government. Most of these observations apply to regional human rights agreements like the African Charter on Human and Peoples Rights.
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Onazi, O. (2014). Legal Empowerment of the Poor: Does Political Participation Matter?. In: Onazi, O. (eds) African Legal Theory and Contemporary Problems. Ius Gentium: Comparative Perspectives on Law and Justice, vol 29. Springer, Dordrecht. https://doi.org/10.1007/978-94-007-7537-4_11
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