2. The Emergence of a Right to Democracy—An African Perspective

The poor quality of governance, lack of democracy and inability of the rule of law to take root in Africa, have been longstanding causes for concern and are directly linked to the ills befalling the continent. This chapter examines the commitment of the African Union (AU) and sub-regional organisations to democracy and the extent to which distinctly African legal instruments encapsulating democracy are evolving. The author gives brief explanation of the historical and cultural context of governance in Africa and how it was shaped by colonial and post-colonial attempts at governance. This is followed by an analysis of the continental conventional and customary international framework in place relating to democratic governance. Against this background the impact of the pro-democratic protests of 2011 in North Africa (NA) will be assessed pointing out the significant differences between NA and Sub-Saharan Africa (SSA) despite a common commitment to African unity