The Right to Social Protection in Africa: From CCCCDFPRTs to CLSPPPs

Abstract

The right to social protection has been enshrined in international law since the Universal Declaration of Human Rights in 1948, but only an estimated one in four people in the world, and less than one in ten in Africa, have effectively realised this right. A review of global declarations, covenants and conventions reveals that, while most countries have ratified these instruments, there are substantial gaps between ratification and implementation. Often this is explained by ‘progressive realisation’ and ‘variable geometry’, but there are other reasons why international law is rarely domesticated. In Africa, where many Constitutions include socio-economic rights, these are often not justiciable, because unaccountable international agencies drive and finance the social protection agenda, and because governments are resistant to rights-based approaches. Realising the right to social protection in Africa requires building a social contract between accountable states and citizens and residents, and an activist civil society to ensure compliance with national and international law.