Abstract

Modernity is a stage in societies’ development that is the corollary of enlightenment. It has variously been conceived to be the ultimate moment in the unfolding of human history in the sense that norms and values, and practices and institutions are nearly or at their most perfect. However, the conceived prelude to or realization of utopia does not accord with reality in many specific modern societies, even those that are generally considered to be the forerunners of modernity. In Africa, the onset of modernity and its extension into the diverse realms of human beings’ lives has entailed norms and values, and practices and institutions that are the genesis of dystopia. This article examines the ambivalent nexus of modernity and human rights in Africa from the onset of the modernization project to date. Using critical theory, the article argues that although modernity is credited with the birth of human rights, in Africa its primary actors, namely capital, the markets, and the state, are either ambivalent to and/or causal to widespread and deep human rights violations. The human rights violations are systemically and systematically cast as incidental and spurious rather than the hallmarks of modernity. Judicial, political, and educational institutions act and reiterate their capacities to address the incidental/spurious human rights violations, despite abundant evidence that, as part of modernity, these institutions are ambivalent to human rights and, therefore, can only mask the reality and perpetuate human rights violations. This general stance is the consequence of the pervasive logic of capital. This article explains how this pervasive phenomenon in its various forms, such as state capitalism and global capitalism, coupled with neopatrimonialism, has impacted the institution and practice of human rights in Africa. The analysis concludes that though modernity is credited with the birth of human rights regimes, its historicity has been causal of significant violations of human rights. The violations unleashed by capital are exacerbated by political elites who, in their processes of policy-making and budgetary deliberation, and implementation, marginally conceive nation-extensive notions of common good. Consequently, violation of human rights is rampant.