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This working paper critically interrogates the historical and ideological foundations of human rights and constitutionalism, challenging the notion that they are exclusively Western constructs. Mamdani argues that the idea of rights has always emerged in response to oppression, and thus, has no immutable content. The relevance and meaning of rights must be grounded in the specific socio-historical context from which they arise.
Drawing parallels between post-independence Africa and post-war Europe, Mamdani explores how the dominant Western conception of constitutionalism—particularly the liberal tradition—has often served elite interests by limiting popular sovereignty rather than promoting it. He urges for a more nuanced understanding that recognizes constitutionalism as a contested terrain, shaped by struggles from both above and below.
In the African context, the politics of human rights mirrors the politics of independence: a convergence of anti-colonial struggle from below and imperialist strategy from above. He illustrates how externally driven human rights agendas—particularly those with an American ideological bent—have sometimes been deployed to pacify revolutionary momentum and maintain dominant power structures.
This working paper critically interrogates the historical and ideological foundations of human rights and constitutionalism, challenging the notion that they are exclusively Western constructs. Mamdani argues that the idea of rights has always emerged in response to oppression, and thus, has no immutable content. The relevance and meaning of rights must be grounded in the specific socio-historical context from which they arise.
Drawing parallels between post-independence Africa and post-war Europe, Mamdani explores how the dominant Western conception of constitutionalism—particularly the liberal tradition—has often served elite interests by limiting popular sovereignty rather than promoting it. He urges for a more nuanced understanding that recognizes constitutionalism as a contested terrain, shaped by struggles from both above and below.
In the African context, the politics of human rights mirrors the politics of independence: a convergence of anti-colonial struggle from below and imperialist strategy from above. He illustrates how externally driven human rights agendas—particularly those with an American ideological bent—have sometimes been deployed to pacify revolutionary momentum and maintain dominant power structures.
The paper examines the organization of the African colonial and postcolonial state in relation to key social groups:
The Peasantry: Mamdani critiques the fusion of administrative, judicial, and coercive power in rural governance, arguing for a democratization of rural state structures as a prerequisite for peasant rights and an end to extra-economic exploitation.
Migrant Labour: He highlights the contradictions faced by migrant workers and refugees who, denied citizenship, are also denied rights. He challenges the narrow, birth-based conception of citizenship and calls for a rights framework based on labour and social contribution.
Middle and Working Classes: The middle class’s struggle for press freedom and the working class’s demand for autonomous trade unionism are examined as pivotal expressions of the demand for rights. Mamdani contrasts these with the co-optation of youth and women’s representation by state structures.
Group Rights: The discussion extends to the question of group rights in multicultural African societies. He critiques both the colonial denial of group identities and the instrumentalist use of ethnic divisions under apartheid. He calls for a rethinking of group rights not just as cultural recognition but as political demands grounded in equality and non-discrimination.
