Taking Ethno-Cultural Diversity Seriously in Constitutional Design: A Theory of Minority Rights for Addressing Africa's Multiethnic Challenge
Despite decades of nation-building exercise, ethnic-based claims for substantive equality, justice and equitable political inclusion and socio-economic order continue to result in communal rivalries. These are claims that define and represent the issue of minorities in Africa, of which these conflicts are manifestations. Although ethnic conflicts in Africa have been a subject of a large number of studies, the potential and role of norms on minority rights to address claims that ethno-cultural groups raise has not received the attention it deserves. Based on materials from normative political theory and international human rights law and using an empirical and prescriptive analysis, this book defends a robust system of minority rights built around culture, equality and self-determination. This is employed to elaborate an adequate constitutional design providing policy frameworks (multilingual language policy, recognition and affirmation of cultural diversity, ), structures (that ensure just representation and participation of members of all groups) and norms (that guarantee substantive equality and the rights to language, religion and culture). The study then proffers two cases studies (South Africa and Ethiopia) to ascertain how such constitutional design might be translated into actual policy frameworks, institutions and norms
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accommodation of diversity Accordingly achieve Amazigh Amharic Article autonomy basis Botswana Burundi Chapter claims colonial communities conflicts constitutional design Constitutionalism context cultural rights democracy democratic dominant economic effective electoral system ensure Ethiopia ethnic groups ethno-cultural diversity ethno-cultural groups ethno-regional federal Gloppen Group Rights historical Human Rights Ibid identified identity important independence indigenous individual rights inequality institutionalisation International Law issue of minorities Kenya KwaZulu-Natal Kymlicka Kymlicka note linguistic majoritarian marginalisation mechanisms members of minorities minorities in Africa minority languages minority rights minority rights framework multi-ethnic societies multicultural nation-building nation-state Nigeria norms official languages ofMinorities ofthe organisation Oromo particular parties perspective political and socio-economic political power population post-colonial African principle processes proportional representation protection provides recognition regional religious representation and participation right to self-determination Rwanda self-determination self-government social South Africa sovereignty structures substantive equality Sudan territorial Uganda various groups Woredas