The Arab Spring and the AU Response
Ozias Tungwarara, AfriMAP, OSF, 15 September 2011
In this paper, AfriMAP director Ozias Tungwarara outlines the chronology of the AU’s efforts to respond to the Libyan crisis and concludes that they have proved to be inadequate. The decision by the AU to concentrate on seeking a political solution was to take the path of least resistance, and gave rise to the perception that either the AU was reluctant or did not have the capacity to stop Gadhafi from killing his own citizens.
Available in English : Pdf (274.56Kb)

The Political Changes in North Africa and the Middle East and the Implications for Sub-Saharan Africa
Comfort Ero, International Crisis Group, 15 August 2011
This paper, commissioned from Comfort Ero, Africa director for the ICG, reflects on and draws out some lessons emerging from the uprisings for the African continent, in particular focusing on two aspects: the resonance of popular uprisings in sub-Saharan Africa, and the implications of the Libya conflict.
Available in English : Pdf (382.05Kb)

The ACDEG tested by the Arab revolutions : The AU confronts the tension between democracy and constitutionalism
Sofie Baker Djoumessi Kenfack, 06 September 2011
This paper considers the challenge posed to the African Charter on Democracy Elections and Governance and its prohibition on unconstitutional changes of government by the revolutions in North Africa.
Available in French : Pdf (227.39Kb)

The Principle of ‘African solutions to African Problems’ under the spotlight: The African Union (AU) and the Libya Crisis
Kasaija Phillip Apuuli, 06 September 2011
The author considers the response of the AU to the Libya crisis, and concludes that, though the formation of the AU was to provide pan-African solutions for African problems, the AU has been as much of a paper tiger as the old OAU. He argues that criticisms of the UN/NATO intervention are weakened by the AU's failure to act decisively itself.
Available in English : Pdf (358.1Kb)

Impact of the North African Revolutions on Sub-Saharan Africa
Lydie Boka, StrategiCo, 06 September 2011
Lydie Boka considers the resonances of the 'Arab spring' in Senegal, Uganda, Zimbabwe, Angola, Burkina Faso and other countries south of the Sahara. She examines the role of new technologies in those countries, and the position of the army in relation to the regime to debate the likelihood of similar revolutions occuring.
Available in English : Pdf (189.61Kb)
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Working with the Possible: The Draft African Charter on the Values and Principles of Public Service and Administration
Salim Latib, August 2010
This comment on the Draft Charter on the Values and Principles of Public Service and Administration is focused more on identifying the opportunities the Charter presents and the possible paths of influence for civil society. The Draft Charter, in its current form, has been developed over a number of years with limited civil society involvement. Rather than focus on identifying the reasons for low levels of participation, a more effective and value adding approach would be to learn from past experiences to identify the areas of leverage and channels for greater participation as the process on the Draft Charter unfolds.
Available in English : Pdf (83.31Kb)
Available in French : Pdf (93.73Kb)

Public Service Ethics and Change Management: Implementation Challenges of the African Charter for the Public Service
Mojeed Olujinmi A. Alabi, CAFRAD, June 2010
In this paper, Dr. Mojeed Alabi, expert in good governance, ethics and professionalism in the public sector at the Centre africain de formation et de recherche administratives pour le développement (CAFRAD), argues that the proposed draft Charter on the Values and Principles of Public Service significantly waters down the tone of the 2001 Charter for the Public Service. He proposes a range of changes to the text to address critical implementation challenges for public sector reform.
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From Dinghies to Super-Tankers: The African Public Service Charter’s Craving for Impregnable Institutions
M. Jide Balogun, August 2010
Jide Balogun, former senior adviser at the UN Department of Economic and Social Affairs, calls for the AU Charter on Public Service Values and Principles to include an article committing the States Parties to the establishment of independent administrative tribunals at national level empowered to adjudicate disputes arising over the interpretation or application of the Charter’s key provisions.
Available in English : Pdf (61.73Kb)
Available in French : Pdf (57.11Kb)

The Draft African Charter on the Values and Principles of Public Service and the Administration in Africa: New opportunity for Access to Information in Africa?
Ololade Shyllon-Adeyeoluwa, 01 June 2010
Ololade Shyllon-Adeyeoluwa contributes a close analysis of the right of access to information under the new draft Charter on the Values and Principles of Public Service, and proposes ways in which it can be significantly strengthened, based on a comparative analysis with the South African legislation on access to information and other international standards.
Available in English : Pdf (81.46Kb)
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The Charter for the Public Service in Africa and the Draft African Charter on the Values and Principles of Public Service and the Administration: A comparative study
Philippa Manby, 01 June 2010
This detailed comparison of the provisions of the 2001 Charter for the Public Service in Africa and the 2008 draft Charter on the Values and Principles of Public Service welcomes some of the changes, but also sets out the points where the 2008 draft falls short of the requirements of detail and enforceability that would ensure the effectiveness of the proposed treaty.
Available in English : Pdf (92.27Kb)
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Beyond Banjul: It's time to implement the African Youth Charter
Dabesaki Mac-Ikemenjima, August 2009
This article is intended to highlight what needs to be done by the member states to ensure that the Charter is taken into account in national development planning as it affects young people, and to ensure that it is implemented at national level through different mechanisms and existing national development frameworks.
Available in English : Pdf (54.77Kb)
Available in French : Pdf (60.33Kb)

The African Youth Charter: An Opportunity for African Leadership in Development
Layusa Isa-Odidi, August 2009
Layusa Isa-Odidi analyzes the AYC, highlighting its most significant provisions and discussing the opportunity that Africa has to spur its own development by first enabling the youth to develop themselves. She proposes a three-point plan for African leaders to follow  to capture the full momentum of this initiative.
Available in English : Pdf (58.83Kb)
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The Human Rights Content of the African Youth Charter: A preliminary assessment
Busingye Kabumba, August 2009
This paper provides a legal analysis of the African Youth Charter, that points out its strengths and weaknesses in comparison with other international human rights treaties.
Available in English : Pdf (61.04Kb)
Available in French : Pdf (69.84Kb)

EU-AU relations: What role for civil society?
Carmen Silvestre, Open Society Institute, Brussels, April 2009
Carmen Silvestre of the Open Society Institute's office in Brussels offers an analysis of the Joint EU-Africa Strategy, the EU-Africa Human Rights Dialogue, and opportunities for civil society engagement in meetings scheduled for April 2009. The paper was also distributed via the 9 April 2009 edition of Pambazuka.
Available in English : Pdf (58.23Kb)
Available in French : Pdf (65.34Kb)

Reflections on the election management and supervision organisations in Côte d’Ivoire 1990-2000
Daniel Ozoukou, October 2008
In this paper, Daniel Ozoukou describes the different election management bodies in place in Cote d'Ivoire since the early 1990s, and the challenges they have faced. He concludes that it is essential for the election management body to be independent of the state and of political parties.
Available in French : Pdf (54.74Kb)
Available in English : Pdf (55.8Kb)

The military coup in Mauritania and its consequences for democratic government: An analysis
Neldjingaye Kameldy, October 2008
Discussion of the 2008 military coup in Mauritania, its implications for democracy, and the response that it should receive from the AU and others.
Available in French : Pdf (80.08Kb)
Available in English : Pdf (76.05Kb)

Fourteen years of democracy: Reasons why South Africa should not change its electoral system
Pamela Masiko-Kambala, IDASA, October 2008
This paper argues that although a constituency-based electoral system probably leads to an increased accountability of representatives, South Africa is not ready for adopting such a system under the current conditions. The paper therefore proposes that the country should retain the current PR system. However, political parties, parliament and public representatives should discuss and devise mechanisms and incentives that will encourage and facilitate electoral accountability by public representatives to their constituencies and the electorate in general.
Available in English : Pdf (58.27Kb)
Available in French : Pdf (63.29Kb)

The ACDEG and Elections in Africa: Toward the 2009 Elections in Malawi
Reuben M. Chirambo, October 2008
This paper argues that challenges to the electoral processes in some African countries, including Malawi, lie beyond the African Charter on Democracy Elections and Governance (ACDEG) and other election monitoring protocols. He focuses in particular on issues in Malawi relating to the composition of the Electoral Commission, the use of the police, and access to the national public media.
Available in English : Pdf (54.67Kb)
Available in French : Pdf (62.11Kb)

INEC and the Management of Elections: Lessons from Nigeria
Chris M. A. Kwaja, October 2008
This paper examines the Independent National Electoral Commission (INEC), a statutory body charged with the responsibility of conducting elections in Nigeria, with specific reference to the management and conduct of the 2007 elections.
Available in English : Pdf (79.09Kb)
Available in French : Pdf (87.79Kb)

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.
Available in English : Pdf (64.33Kb)
Available in French : Pdf (73.52Kb)

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.'
Available in English : Pdf (68.77Kb)
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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.
Available in English : Pdf (75.86Kb)
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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.
Available in English : Pdf (52.47Kb)
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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.
Available in English : Pdf (57.75Kb)
Available in French : Pdf (61.53Kb)

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.
Available in English : Pdf (111.34Kb)
Available in French : Pdf (119.91Kb)

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.
Available in English : Pdf (54.92Kb)
Available in French : Pdf (56.79Kb)

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.
Available in English : Pdf (93.62Kb)
Available in French : Pdf (101.77Kb)

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).
Available in English : Pdf (46.11Kb)
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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.
Available in French : Pdf (74.52Kb)
Available in English : Pdf (72.49Kb)

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.
Available in English : Pdf (64.45Kb)
Available in French : Pdf (69.49Kb)

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.
Available in English : Pdf (85.35Kb)
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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.
Available in French : Pdf (104.99Kb)
Available in English : Pdf (100.63Kb)

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.
Available in French : Pdf (66.55Kb)
Available in English : Pdf (66.68Kb)

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.
Available in English : Pdf (74.55Kb)
Available in French : Pdf (82.14Kb)

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.
Available in English : Pdf (177.93Kb)
Available in French : Pdf (167.38Kb)

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.
Available in French : Pdf (96.64Kb)
Available in English : Pdf (88.09Kb)

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.
Available in English : Pdf (53.46Kb)
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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.
Available in English : Pdf (50.08Kb)
Available in French : Pdf (52.25Kb)

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.
Available in English : Pdf (59.96Kb)
Available in French : Pdf (62.34Kb)

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.
Available in English : Pdf (44.48Kb)
Available in French : Pdf (50.08Kb)