JUSTICIABILITY OF DIRECTIVE PRINCIPLES OF STATE POLICY IN AFRICA: THE EXPERIENCES OF ETHIOPIA AND GHANA

Abstract

Directive Principles of State Policy were incorporated in some African
constitutions in lieu of justiciable economic, social and cultural rights. A
growing trend in international and comparative law shows that human rights
are indivisible and that economic, social and cultural rights are justiciable.
However, the artificial division of constitutional rights between economic,
social and cultural rights, and civil and political rights seems to continue until
constitutional reforms or revisions take place. Until such a time, constitutional
interpretation provides a provisional solution. Like some other constitutions,
Ethiopian and Ghanaian constitutions have chapters on Directive Principles of
State Policy containing duties that flow from recognising economic, social and
cultural rights. It is not clear from the text of both constitutions whether these
principles can be enforced in courts. The Supreme Court of Ghana has held
that they are justiciable although the Court has not gone further to determine
some outstanding issues such as jurisdiction, standing and remedy for their
violations. The Ethiopian House of Federation so far has not come up with
similar temporary solution. Therefore, Ethiopia as well as other African
countries can draw lessons from the Ghanaian experience to abolish the
artificial distinction between constitutional rights and increase horizontal
accountability of government branches