Like in other parts of the world, the protection of human rights and other practices of constitutionalism remains uneven in Malawi and Kenya. However, as Eunice N. Sahle argues in this book, from a comparative historical perspective, these countries' adoption of new transformative constitutional frameworks in 1994 and 2010, respectively, provided significant openings for the promotion of human rights. Nonetheless, the emergence of such opportunities does not mean that the protection of human rights is automatic. As such, Sahle's argument zeroes in on the tension between the possibilities of human rights promotion on the one hand, and the historical and contemporary factors influencing that process on the other. In that regard, her analysis shows the importance and limits of transformative constitutions as tools for social change. Further, by focusing on the promotion of human rights by a diverse range of social actors-individuals, civil society organizations, and public institutions-she demonstrates the need to broaden who "counts" as an agent of human rights against a strictly state-centric approach.
Eunice N. Sahle is an associate professor with a joint appointment in the Department of African, African American, and Diaspora Studies and the Curriculum in Global Studies at the University of North Carolina at Chapel Hill. She has published widely, particularly in the areas of human rights, the political economy of development, global governance, constitutionalism, and transitional justice. She is the author or editor of several books, including Globalization and Socio-Cultural Processes in Contemporary Africa; Democracy, Constitutionalism, and Politics in Africa: Historical Contexts, Developments, and Dilemmas; and Human Rights in Africa: Contemporary Debates and Struggles.
List of Illustrations Introduction Part I. Conceptual Debates, Contextualizing Constitutional Developments, and Human Rights Promotion Chapter 1. Theoretical Underpinnings Chapter 2. Constitutional Developments and Human Rights in Malawi and Kenya: A Historical Lens Chapter 3. Reconfiguring the Dynamics of Human Rights Promotion: Malawi and Kenya Part II. Intrastate and Social Accountability Practices Chapter 4. Malawi's Office of the Ombudsperson: Human Rights and Transitional Justice Chapter 5. Kenyan Courts and the Rights to Public Participation and Basic Education Chapter 6. Against Neo-Authoritarianism: The Right to Academic Freedom in Malawi Part III. Addressing Inequities Chapter 7. "We Finally Became Citizens": New State Spaces and the Right to Health in Kenya Chapter 8. WLSA-Malawi: Knowledge Production, Lawmaking, and Women's Rights Chapter 9. Land Rights, Opportunity Structures, and Kenya Land Alliance's Advocacy Conclusion Acknowledgments Notes References Index
"A deeply original and important book, offering nuanced and insightful analyses of human rights promotion in Malawi and Kenya. A must-read for anyone interested in constitutional development and the implications for human rights protection." - Willy Mutunga, Kabarak Law School, and former Chief Justice and President, Supreme Court of Kenya "This book is a welcome contribution to the increasing public awareness of the nexus between human rights and constitution(alism). Its intriguing insights, unsettling relevance, and exceptional lucidity make it one of the most significant works on constitution and constitutionalism in contemporary Africa." - Joseph Mensah, York University, Toronto, Canada
