Political Reorganisation in Africa: Lessons from Canada’s Northern Territories
Michael Joko, June 2008
In this paper, Michael Joko examines the lessons that can be learnt from the ‘consensus system’ of government practiced in the Northern Territories of Canada. He considers the benefits of this system for African states made up of several diverse ethnic groups and argues that using ‘independents’ as members of legislatures in Africa may provide greater benefits to the viability of political systems than using the political party systems currently in place.
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Constitutional Reforms in France and their Implications for Constitutionalism In Francophone Africa
Charles Manga Fombad, June 2008
Charles Manga Fombad considers recent proposals for constitutional reform in France and their relevance for francophone countries in Africa, concluding that the francophone constitutional model has been less helpful than the anglophone for the former French colonies. He concludes that that 'Perhaps the significance of the Balladur proposals, even if they do not eventually see the light of day, is to finally indicate to African constitutional engineers that the Gaullist model is not irreproachable and immutable.'
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Limiting War Powers in Africa
Sekai Saungweme, June 2008
This paper critiques the constitutional powers conferred on the executive branch of governments in Africa to declare war, in light of British Prime Minister Gordon Brown's proposal that Parliament should approve the deployment of British troops. Sekai Saungweme calls for these powers to be removed in Africa from the exclusive control of the executive branch of government, to allow parliaments to exercise stronger control. She argues that there should be properly defined legal parameters within which the executive exercises war powers under parliamentary scrutiny.
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Was the APRM process in Kenya a waste of time? Lessons for the future
Bronwen Manby, Open Society Institute, AfriMAP, April 2008
This paper considers the relevance of the 2006 APRM country review report for Kenya to the political crisis that followed the elections of December 2007, and the lessons that should be learned for Kenya and for other countries undertaking an APRM review.
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Concerning Kenya: the Current AU Position on Unconstitutional Changes of Government
Chidi Anselm Odinkalu, Open Society Justice Initiative, January 2008
In this paper Chidi Odinkalu sets out the legal foundations and principles established by the African Union in relation to unconstitutional changes of government, including in relation to allegations of electoral fraud.
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Africa Unite!
L. Muthoni Wanyeki, June 2007
Muthoni Wanyeki sets out the history to the Union Government proposal, analyses the founding document for the AU Accra summit debate, the 'Study on an AU Government: Towards the United States of Africa', considers the implications for the existing structures, and provides recommendations for the road ahead.
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Building the African Union: Any lessons from European integration?
John Palmer, June 2007
The author was Founding Political Director of the European Policy Centre, a Brussels-based European think tank, and draws on his long experience of the European Union project to comment on the challenges that may face the African Union as it designs its future institutions and objectives.
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The African Charter On Democracy, Elections And Governance: A New Dawn For The Enthronement Of Legitimate Governance In Africa?
Solomon T. Ebobrah, Niger Delta University & University of Pretoria, May 2007
The author compares the Charter in detail with the provisions of the Protocol on Democracy and Good Governance adopted by the Economic Community of West African States (ECOWAS) in 2001. He concludes that the Charter is a positive step, but that its commitments fall short of expectations in certain areas, particularly in comparison with the Protocol.
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The African Charter on Democracy, Elections and Governance: A Positive Step on a Long Path
Edward R. McMahon, University of Vermont, USA, May 2007
This paper first provides several general observations on the Charter, especially the key Chapters 7 and 8, which address democracy definition and enforcement issues, as well as elections. Second, the paper presents some observations comparing it and a peer document prepared for the Organization of American States (OAS), the Inter-American Democratic Charter (IADC).
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Charte Africaine de la Democratie, des Elections et de la Gouvernance : Une Analyse Critique
Nadjita F. Ngarhodjim, Licence (Univ. N’Djamena), LLM (Univ. Pretoria), May 2007
A critical analysis of the content of the African Charter on Democracy Elections and Governance, considering both its substantive provisions and its proposed enforcement mechanisms. The author concludes that the Charter has serious weaknesses, but is still a step in the right direction.
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A Critical Look at the Charter on Democracy, Elections and Governance in Africa
Sekai Saungweme, Musasa Project, Zimbabwe, May 2007
Sekai Saungweme highlights important issues that are not dealt with by the Charter, including its failure to define the content of democratic elections sufficiently clearly, or to condemn explicitly amendments to constitutions that extend term limits or exclude people from office. She argues that the Charter does not deal with underlying causes of unconstitutional changes of government, including human rights violations, and thus seems more directed at protecting regimes than the people.
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An Evaluation of Malian Civil Society’s Role in Governance
Abdou Togola and Dan Gerber, African Development Bank and RTI International, March 2007
For the last two decades, most countries of West Africa have been on a path of increased government decentralization as a strategy for improved governance. Mali is one of those countries that have seen the end of dictatorial rule and the emergence of more pluralistic government. This has coincided with the emergence of a stronger civil society. The development of civil society in Mali and elsewhere is both a by-product of and a catalyst for the democratic movement.
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Transitional Justice in Burundi: issues and challenges
Justin Gratien Ntasyumbumuyange, Ligue ITEKA, September 2006
Justin Gratien Ntasyumbumuyange examines various mechanisms, both judicial and non-judicial, that have been proposed as part of the country's peace process, in response to the mass atrocities and violence committed by all actors involved in the conflict. He sets out from the premise that after independence, a culture of impunity came to prevail in Burundi, leading to a trivialisation of mass violence, and a vicious circle in which atrocities were committed to avenge past ones. He examines provisions of the Arusha Accords for a Truth and Reconciliation Commission, proposals from the UN and the government of Burundi, arguing that putting an end to impunity is essential for any long-term peace.
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Traditional Justice in the Congolese Judicial System
Julien Cigolo, ACAT-Sud Kivu, September 2006
This paper examines the continued use of customary law in the Democratic Republic of Congo (DRC). It provides an explanation of the legal framework regulating customary courts, the manner in which they operate and the principles, standards and sentences they apply. The author provides an analysis of the relative advantages and disadvantages of customary law, concluding finally that customary law is an impediment to the just and equitable administration of justice in the DRC.
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Access to economic justice in the common law jurisdiction of Cameroon
Michael Joko, LLB, LLM, September 2006
This paper examines the link between indigenous customary law and common law in the common law jurisdiction of Cameroon. Whilst legislative provisions exist for the enforcement of customary law within the formal system, in practice, most Cameroonians to not use these courts. The author examines root causes behind this trend with regard to enforcement of economic rights tied to land, and proposes some solutions.
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Political Participation and Popular Perception of Political Accountability in Ghana
Daniel Armah-Attoh, Ghana Centre for Democratic Development [CDD-Ghana], March 2006
This paper examines the hypothesis that there is a link between Ghanaians’ political participation and popular perception of political accountability, and uses data from the Rounds 2 and 3 Afrobarometer surveys carried out in 2002 and 2005 to test this hypothesis. It commences with a discussion on the conceptualized elements of political participation and how they influence perception of political accountability. This provides the framework within which the survey findings are discussed.
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The Participation of First Ladies in African Politics
Hilaire de Prince Pokam, University of Dschang, Cameroon, March 2006
This paper looks at the roles that have been played by first ladies in African politics, from those that have taken on active political responsibilities in their own right, to the implications of seemingly non-political charitable work. The author draws a wide range of examples from both Anglophone and Francophone countries.
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Gender, Democracy and Post-Conflict Restructuring in Sierra Leone: An Interview with Ms. Abator Thomas, Minister of Health and Sanitation
Treva Braun, The Future Group, March 2006
Treva Braun, Director of Africa Initiatives for The Future Group, interviews Ms. Abator Thomas, one of the few women ministers in Sierra Leone. Prior to joining the Cabinet, Ms. Thomas was a member of The 50/50 Group, an organisation aiming to increase the political participation of women and move towards gender-representative politices in Sierra Leone. This piece highlights the difficulities women face in asserting their right to political participation in Africa, and the laudable progress that has been made by champions such as Ms. Thomas.
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The Gradual Disappearance of the Particularities of Traditional Courts in Cameroon
Moïse Timtchueng, University of Dschang, Cameroon, October 2005
This paper examines the gradual disappearance of the customs related to Cameroon's traditional courts, a trend that has led to an increasing blurring of the differences between traditional and modern courts. The author argues that in this context, the traditional courts have lost much of their original relevance, and thus debates whether the continuing judicial dualism makes sense.
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Criminal Justice and Traditional Authorities in Benin - the Implications of a Constitutional Court Decision
Gilles Badet, Univ. of Abomey Calavi (Benin) & Univ. of Louvain (Belgium), October 2005
The author explores the implications of a 2002 Constitutional Court decision that challenges criminal justice as administered by traditional authorities in Benin, on the basis of its lack of compliance with human rights standards.
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Pluralism and the Fulfilment of Justice Needs in Africa
Chidi Anselm Odinkalu, Open Society Justice Initiative, June 2005
An examination of the role played by traditional and informal justice mechanisms in delivering justice to the vast majority of Africans with limited or no access to the institutions of formal justice. The paper argues that reform initiatives in the judicial sector should take into account the significance of informal justice, and respond to this in a more coherent manner.
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Available in French : Pdf (50.08Kb)