Democratising Development: The Politics of Socio-economic Rights in South Africa : [proceedings]

Front Cover
Peris Jones, Kristian Stokke
Martinus Nijhoff Publishers, 2005 - Political Science - 290 pages
What are the prospects and means of achieving development through a democratic politics of socio-economic rights? Starting from the position that socio-economic rights are as legally and normatively valid as civil and political rights, this anthology explores the politics of acquiring and transforming socio-economic rights in South Africa. The book brings together an interdisciplinary group of leading scholars in an examination of the multifaceted politics of social and economic policy-making, rights-based political struggles and socio-economic rights litigations. The post-apartheid South African experience shows that there is no guarantee that democracy will eliminate poverty or reduce social inequality, but also that democratic institutions and politics may provide important means for asserting interests and rights in regard to development. Thus it is argued that democratic politics of socio-economic rights may democratise development while also developing democracy.
 

Contents

Substantive Uncertainty
39
Labour and Politics in South Africa
55
Postapartheid Hardships and the Rise of a New Generation
83
Balancing the Books
101
Shaping Making and Breaking the Law in the Campaign
181
Access to Medicines
188
Using NEDLAC to Negotiate a Framework Agreement on a National Treatment Plan
189
Preparing to Break the Law
193
Concluding Remarks
241
Communal Land Rights and Democracy in PostApartheid South Africa
245
Debating Democracy
246
Constituting Democratic Citizens
248
The Politics of Postapartheid Land Policy
249
Reforming Communal Tenure
251
The Legacy of Colonial and Apartheid Land Policies
252
The Land Rights Bill of 1999
254

The Civil Disobedience Campaign
195
Back to Negotiations
199
The Future Role of Law and Mobilisation in the Second Decade of Democracy
205
References
210
The Treatment Action Campaign and the History of RightsBased PatientDriven HIVAIDS Activism in South Africa
213
Theorising Human Rights and Civil Society
215
The Legacy of 1980s AntiApartheid Gay Rights Activism
217
The Origins of a TACs Campaign for Openness in the Early 1990s
227
TAC as a PostApartheid RightsBased and PatientDriven Movement
237
The Communal Land Rights Bill of 2002
255
Amendments and Debates in 2003
258
Parliamentary Debates
261
Amendments Public Controversy and Passage of the Act
264
Communal Land Rights and Democracy in PostApartheid South Africa
265
References
268
Cornerstone or Capstone of Democracy?
271
References
285
About the Contributors
287

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