| Reports | |
| Africa | South Africa | Benin | Burkina Faso | Ghana | Mauritius | Kenya | Malawi | Mozambique | Nigeria | DR Congo | Rwanda | Senegal | Sierra Leone | Zimbabwe | |
AfriMAP works with national partners to complete audits of government performance in relation to the justice sector, political participation and democracy, and effective delivery of public services. AfriMAP has also commissioned reviews of the APRM process in several countries. These reports and other publications from AfriMAP or the Open Society Institute are available for download here. Please contact us at info@afrimap.org if you would like to request a hard copy of any report. |
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Africa |
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Strengthening Popular Participation in the African Union: A Guide to AU Structures and ProcessesAfriMAP & Oxfam International 27 January 2010 The African Union (AU) has committed to a vision of Africa that is ‘integrated, prosperous and peaceful … driven by its own citizens, a dynamic force in the global arena.’ (Vision and Mission of the African Union, May 2004.) This guide is an effort to take up the challenge of achieving this vision. It is a tool to assist activists to engage with AU policies and programmes. It describes the AU decision-making process and outlines the roles and responsibilities of the AU institutions. This guide aims to help those organisations that wish to engage the AU but do not currently know where to start by providing an outline of the key institutions and processes and suggesting ways to influence them. The Guide is divided into three sections: • Part 1: A description of AU organs and institutions. • Part 2: Suggestions on how to influence AU decisions and policy processes. • Part 3: A summary of the debate to restructure the AU into a ‘Union Government’.
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Citizenship Law in Africa: A comparative studyOpen Society Institute 21 October 2009 Citizenship Law in Africa: A comparative study, published by two programs of the Open Society Institute (AfriMAP and the Open Society Justice Initiative), describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state and recommends ways that African countries can bring their citizenship laws in line with international rights norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It includes detailed tables on comparative provisions of the law, as well as an analysis of international, African and national jurisprudence on nationality and statelessness. The report, which is twinned with the Zed Books publication Struggles for Citizenship in Africa, featured below, is also available on the Open Society Justice Initiative website. Additional resources are at the Citizenship Rights in Africa Initiative website. The report of the launch event in Kampala and communique from the parallel workshop are here.
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Struggles for Citizenship in AfricaZed Books 21 October 2009 Hundreds of thousands of people living in Africa find themselves non-persons in the only state they have ever known. Because they are not recognised as citizens, they cannot get their children registered at birth; they cannot access state health services; they cannot obtain employment without a work permit; and if they leave the country they may not be able to return. Most of all, they cannot vote, stand for office, or work for state institutions. Ultimately, such policies can lead to economic and political disaster, or even war. The conflicts in both Côte d’Ivoire and the Democratic Republic of Congo have had at their hearts the right of one part of the national population to share with others on equal terms the rights and duties of citizenship. This book brings together new material from across Africa of the most egregious examples of citizenship discrimination, and makes the case for urgent reform of the law. It is twinned with the report published by the Open Society Institute Citizenship Law in Africa: A Comparative Study. Chapter one of the book is available below, and the other chapters can be downloaded by clicking on the link for 'download the report in sections', or from the Open Society Justice Initiative website. The book is available for purchase from the Zed Books Website
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The African Peer Review Mechanism and the ECA/OECD-DAC Mutual Review of Development Effectiveness in the context of NEPAD United Nations 28 December 2007 This background paper on the African Peer Review Mechanism and on the OECD-UNECA mutual review of development effectiveness in the context of NEPAD was presented by AfriMAP to the the expert task force of the UN Working Group on the Right to Development.
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AfriMAP submission to the APRM Secretariat on its review of procedures AfriMAP December 2007 Submission by AfriMAP to the APRM Secretariat and Eminent Persons, with detailed recommendations on the contents of the APRM self-assessment questionnaire, as well as suggestions in relation to the process of implementing the APRM at national level, including access to information, participation, monitoring of the APRM results, and harmonisation with other processes.
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AfrMAP submission to the Audit of the AU Institutions AfriMAP October 2007 At the African Union summit held in Accra in July 2007 at which proposals for a Union Government were debated it was decided that a review of the performance of the existing AU institutions was needed. While 'all member states accept the United States of Africa as a common and desirable goal, the Executive Council agreed on the need for a pragmatic and progressive approach and recommended an audit of the state of the Union in order to identify areas in which significant improvement have to be made in order to accelerate the African integration process.' The 'audit review' was conducted by a panel of eminent persons and presented to the January 2008 AU summit . AfriMAP made a submission to the audit review, based on the findings and recommendations in the report Towards a People-Driven African Union and its other research and engagement with the debates around the proposed Union Government.
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Towards a People-Driven African Union: Current Obstacles and New OpportunitiesAfriMAP, AFRODAD and Oxfam GB January 2007 This report is the first independent, substantive and public assessment of the progress of the African Union. "Towards a People-Driven African Union: Current Obstacles and New Opportunities" analyses the preparations of African Union member-states, the AU Commission and civil society organisations for the twice-yearly AU summits. The main finding is that despite some welcome new opportunities for participation, the African Union's vision of ‘an Africa driven by its own citizens’ remains largely unfulfilled. Detailed recommendations are offered to help deliver on this vision in future. Published by AFRODAD, AfriMAP and Oxfam, this report is endorsed by more than a dozen other organisations in Africa and elsewhere, and is based on interviews with more than 50 representatives of member-states, the AU Commission and civil society organisations in eleven African countries. The full report is available in English and French, and the findings and recommendations available as a stand-alone document in English, French, Portuguese and Arabic. UPDATED VERSION, November 2007: Information on developments at the AU during 2007 has been included in an updated version of the full report (the findings and recommendations are not affected); the update is also available as a stand-alone download below after clicking on 'Download the report in sections & in other languages'.
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Justice Initiatives: Human Rights and Justice Sector Reform in AfricaOpen Society Justice Initiative February 2005 This issue of Justice Initiatives, a publication of the Open Society Justice Initiative, documents some of the principal challenges to justice sector reform in Africa today, and the varied responses that interested actors are pursuing. Whether addressing media repression in Gambia or citizenship challenges across the continent, police reform in Nigeria or police accountability in South Africa, this collection of articles demonstrates a holistic view of justice, one that guides the work of the Open Society Justice Initiative.
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| South Africa |
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South Africa: Effective Delivery of Public ServicesAfriMAP and OSF-South Africa 29 November 2007 Completing AfriMAP's series on South Africa, this report uses the examples of the health and education sectors to consider South Africa's compliance with the various standards and best practices laid down in relation to the functioning of the public service -- including the African Union Convention on Preventing and Combating Corruption, and the Charter for the Public Service in Africa. While South Africa has many examples of best practice on paper, it is struggling to ensure that these policies are fulfilled in practice: this report offers analysis and suggestions on critical problems for attention.
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South Africa: Democracy and Political ParticipationAfriMAP and OSF-South Africa November 2006 The second in AfriMAP's reports on South Africa, this analysis provides a comprehensive overview of the state of democracy and political participation in South Africa, measuring performance of the government against a wide range of African and international standards. Chapters deal with citizenship and discrimination, participation in the policy process, the functioning of parliament and political parties, election management, and local government.
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South Africa: Justice Sector and the Rule of LawAfriMAP / Open Society Foundation for South Africa February 2006 This report is the first in AfriMAP's series to be published and highlights both successes and failures of the South African justice system. Both the main report, and a shorter discussion paper based on the main report are available for download here. The report recognises that the government, in place since 1994, has made major achievements in transforming the justice sector from an apartheid institution into one that measures up to international standards. Racist laws have been repealed, the legal aid system has been extended, and major efforts have been made to reform the criminal justice system. However, serious challenges remain. In the criminal justice field, police abuse is still found and prison overcrowding is endemic, with negative consequences for any chance of rehabilitation. Access to justice is hampered by the high cost of lawyers, and provincial governments have failed to respect repeated court orders. In many areas, implementation of new laws and policies has not matched aspirations on paper. The report is broadly positive about South Africa’s commitment to independence of the judiciary, while recognising a need for continued vigilance to ensure it remains.
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| Benin |
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Benin and the African Peer Review Mechanism: Consolidating Democratic AchievementsAfriMAP and OSIWA 04 August 2008 In this report, Gilles Badet of the University of Abomey-Calavi in Benin, analyses the strengths and weaknesses of the APRM process as it was conducted in Benin.
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| Burkina Faso |
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The APRM Process in Burkina FasoAfriMAP and OSIWA 28 March 2009 This report, written by Julien Natielsé, a Burkinabé lawyer and political commentator, gives a critical look at the APRM self-evaluation process in Burkina Faso in 2007. He examines the interaction of the APRM with national political events and policies, especially the electoral calendar and the good governance programme put in place by the government. The report concludes that technical weaknesses in the collection of information and the haste with which the process was undertaken give the impression that the APRM self-evaluation was undertaken more with a view to being seen to complete the process rather than to learn lessons to improve governance in the country.
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| Ghana |
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Ghana: Justice Sector and the Rule of LawAfriMAP and OSIWA 22 June 2007 An important new report on the Ghanaian government’s performance in ensuring respect for the rule of law and access to justice for all, this assessment, based on a year’s field research by a Ghanaian civil society team, gives Ghana a broadly positive evaluation but highlights numerous areas for action. The report recognises the entrenchment of the rule of law that has taken place since Ghana’s 1992 constitution provided the basis for a restored civilian government. However, serious challenges remain. Among the key recommendations for action are a constitutional review to address a number of recommendations that have been made to reduce the role of the executive in judicial appointments, strengthen constitutional oversight institutions and remove the impunity from prosecution for human rights violations given to members of former military regimes. The report, with its companion volume, Ghana: Democracy and Political Participation, was researched and written under the supervision of the Institute for Democratic Governance (IDEG).
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Ghana: Democracy and Political ParticipationAfriMAP and OSIWA 22 June 2007 Since civilian government was restored to Ghana in 1993, perhaps the country’s most notable achievement has been the progressive improvement of electoral management and the increasing acceptance of election results as fair by participants and observers alike. Oversight of governance by parliament and independent institutions has improved; participation of civil society in decision making has increased; and the independent media have flourished. These are the conclusions of this report, based on a year’s field research coordinated, with its companion volume Ghana: Justice Sector and the Rule of Law, by the Institute for Democratic Governance (IDEG). Nevertheless, there are important recommendations for action, including the need to ensure a greater level of independence for the Electoral Commission and to review the electoral system. In addition, the government should put in place a clear and overarching policy of openness in government.
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Ghana and the APRM: A Critical AssessmentAfriMAP and OSIWA 21 June 2007 This review of the African Peer Review Mechanism (APRM) self-assessment process in Ghana outlines the strengths and weaknesses of the process. Among the strengths are the independence of the Governing Council and the quality of the institutions that carried out the research for the self assessment report. Among the weaknesses are that there was no real way for those who were consulted for the process to see how their inputs were used in the final submission made by the government to the APRM Panel of Eminent Persons. The report makes recommendations for the monitoring of the APRM programme of action adopted in Ghana, and draws out lessons for other countries. Ghana was among the first set of countries to sign the Memorandum of Understanding establishing the African Peer Review Mechanism (APRM), and the first to complete the peer review, when President John Kufuor defended his government’s record before the heads of state of the other participating countries in January 2006.
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| Mauritius |
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The African Peer Review Mechanism in Mauritius: Lessons from Phase IAfriMAP & OSISA 11 August 2007 This report reviews the stalled process for APRM self-assessment in Mauritius, initiated in 2004 but on hold from mid-2005 to June 2007, and urges Mauritius to learn the lessons of its first phase and open up the process to much wider civil society engagement. The report argues that the NESC, responsible for leading the APRM self-assessment failed to reach out effectively to civil society and relied far too heavily on government information for its first attempt at preparing the self-assessment report. The National Coordinating Structure, the steering committee for the APRM, was also too narrowly constituted, without participation from the full range of Mauritian society.
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| Kenya |
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The APRM process in Kenya: A pathway to a new state?OSIEA/AfriMAP 30 April 2007 This review of the APRM process in Kenya is one of series commissioned by AfriMAP. The report analyses the extent to which the Kenyan process of self-assessment for the APRM respected the criteria of effectiveness and credibility defined by the APRM founding documents, in particular the extent to which it was open, participatory, transparent and accountable. Based on interviews with many of the participants and his own involvement in the process, the author of the report, Steve Ouma Akoth, reviews the challenges faced by the APRM review. These included weaknesses in the National Governing Council and in civil society engagement, and problems with the conceptual framework of NEPAD and the APRM itself. Though Ouma concludes that the APRM in Kenya was a "state-centric process" he also believes that it has opened up an opportunity for dialogue between civil society and government that should be exploited during the implementation of the programme of action (PoA) formally adopted for Kenya in June 2006 by the APR Forum. The report is is published jointly by AfriMAP and OSIEA, the Open Society Initiative for East Africa.
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| Malawi |
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Malawi: Justice Sector and the Rule of LawAfriMAP / OSISA 12 September 2006 This substantial report provides a comprehensive audit of the justice sector in Malawi, assessing the country’s performance sector against African and international standards. The Malawian government has made considerable progress since the country’s decisive break with Banda’s dictatorial regime in the early 1990s. The 1994 Constitution included a comprehensive bill of rights; management of the justice sector has dramatically improved over the past ten years, and significant progress has been made in reforming the criminal justice sector. On the negative side, law reform has been extremely slow, and statutory and customary laws inconsistent with new human rights obligations remain in place. Although court fees are relatively low, the high level of poverty and the prohibitive cost of legal fees mean that most Malawians have no access to formal justice -- yet traditional and informal mechanisms receive far less attention from those who have power over the legal sector. This report, and the shorter discussion paper, which draws on the main report to put forward a set of focused findings and recommendations, is an essential resource for those working in the justice sector in Malawi or the region.
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| Mozambique |
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Mozambique: Democracy and Political ParticipationAfriMAP & OSISA 13 August 2009 Perhaps the greatest challenge that Mozambique faces in establishing a stable and accountable democratic government is the increasing dominance of a single political party in its political system. Thus, as important as ensuring free and fair elections, is the struggle to maintain internal democracy within that dominant party, FRELIMO, the Frente de Libertação de Moçambique that led the country in the struggle for independence from Portugal. This task, moreover, must be placed in the context of a country with high levels of poverty, where national politics risks becoming the province of a wealthy elite, without connections to the ordinary people. This is the principal conclusion of this comprehensive report on the Mozambican political system. The full text is available in both English and Portuguese.
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Mozambique: Justice Sector and the Rule of LawAfriMAP / OSISA 29 September 2006 Mozambique faces significant challenges in providing access to justice for the majority of its citizens, and in meeting constitutional and international standards of justice, according to this report, Mozambique: Justice Sector and the Rule of Law, published in September 2006. The report recognises the considerable progress that government has made since the agreement of peace that ended the post-independence civil war. Significant law reform has been undertaken, the 2004 Constitution further consolidates provisions for the protection of fundamental human rights, and there have been substantial increases in the number of trained judges and advocates. However, serious challenges remain. For the majority of Mozambicans, access to formal justice is non-existent; courts are too far away to reach, and they lack the financial means to pay for legal representation and other associated costs. The community courts that are closest to the people are orphaned from the main judiical court system and as a consequence underfunded and their contribution disregarded. Meanwhile, the criminal justice system routinely fails to respect constitutional standards on fair trial, police abuse is still found, and prison overcrowding is endemic. In many areas, implementation of new laws and policies has not matched aspirations on paper. Finally, while respect for the independence of the courts has increased, executive disregard for court orders and interference in the legal process remains too common. The report and discussion paper are available in both English and Portuguese.
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| Nigeria |
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The African Peer Review Process in Nigeria24 September 2008 This report was written by and represents the views of Prof L Adele Jinadu. He analyses the extent to which the Nigerian process of self-assessment for the APRM respected the criteria of effectiveness and credibility defined by the APRM founding documents, in particular to the extent to which it was open, participatory, transparent and accountable. Based on interviews with many of the participants, the report reviews the strengths and weaknesses of the process. The report attempts an evaluation of Nigeria's APR process, and the extent to which the preparation of Nigeria's self-assessment report really lived up to the requirements of participation and inclusiveness established by the official guidelines for countries submitting to peer review.
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| DR Congo |
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Democratic Republic of Congo: Military justice and human rights – An urgent need to complete reformsAfriMAP & OSISA 22 June 2009 This report is a comprehensive and critical analysis of the legal, institutional and operational obstacles that prevent the Congolese military courts from providing effective justice and contributing to the struggle against impunity in that country. The report notes the efforts made in the recent past to bring the military court system into line with rules of procedure that apply in the ordinary courts. It concludes, however, that these reform efforts are cancelled out by the fact that the military courts have jurisdiction over civilians, systematic attacks on the independence of the military judges, and violations of the rules of fair trial by the military courts. English version only of the summary ; a French translation of the full report will be available soon.
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The Democratic Republic of Congo: Effective Delivery of Public Services in the Education SectorAfriMAP & OSISA 22 June 2009 This study provides the most complete analysis to date of the numerous problems of governance confronted by the edcuation system in the Democratic Republic of Congo. It shows how that, in addition to the necessary investment of financial resources into education services in Congo, an equal and perhaps more important effort is needed to end the poor management of such resources. Among the needs identified are the improvement of information and statistics on education, an end to the poor management of education personnel, and ensuring a greater respect for the laws that govern the education system. The report places these problems in their historical context and proposes ways of solving them with the aim of achieving better delivery of education services in the country. English version only of the summary ; a French translation of the full report will be available soon.
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| Rwanda |
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Critical review of the African Peer Review Mechanism Process in Rwanda LDGL January 2007 This report, prepared by the Kigali office of the Ligue des Droits de la Personne dans la Région des Grands Lacs (LDGL) with the support of AfriMAP, analyses the extent to which the APRM process in Rwanda respected the criteria of effectiveness and credibility set out in the founding documents of the APRM -- in particular the extent to which it was open and participatory. The report reviews the challenges faced during the process, including the lack of technical expertise at national level, the weakness of civil society participation, and difficulties of accessing information.
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| Senegal |
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Senegal: Justice Sector and the Rule of LawOSIWA & AfriMAP 27 November 2008 This report offers perhaps the most comprehensive analysis available of the Senegalese justice system. Prepared by a team of Senegalese laywers, it acknowledges that Senegal has achieved a range of reforms to overcome the colonial heritage and make its laws fit for a modern democratic state. But the reforms have been adopted on a case by case basis, with no effort at systematisation and following no coherent policy. The report notes an ever-greater gap between the formal announcement of support for the right to a fair trial and the problematic implementation of criminal procedure in practice, and criticises the impact of the Ministry of Justice's management of the justice system on the independence of judges and magistrates. Among its recommendations are measures to strengthen the separation of powers and ensure a more systematic effort to reform the law in Senegal.
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| Sierra Leone |
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Between Law and Society: Paralegals and the Provision of Primary Justice Services in Sierra Leone Open Society Justice Initiative September 2006 Timap for Justice, co-founded by the Open Society Justice Initiative and the Sierra Leonean National Forum for Human Rights, is a pioneering organization training and deploying paralegals in the country's rural areas. In a nation with five million people and only 100 lawyers, the need for their services is acute. Timap's paralegals address justice problems that arise between people and the authorities, such as corruption in government services, as well as disputes between individuals, including instances of domestic violence and failure to pay child support. The paralegals use mediation, advocacy and community organizing to resolve such problems. Their efforts are complicated by Sierra Leone's dualist legal structure, which features both a formal legal system of courts and lawyers based on the English model, and a customary system based on traditional approaches to justice. Timap's paralegals apply their knowledge of formal law and their familiarity with local customs to navigate between the two legal systems. Between Law and Society: Paralegals and the Provision of Primary Justice Services in Sierra Leone, focuses on Timap, highlighting cases which include a man cheated by a corrupt local chief and a woman accused of being a witch.
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| Zimbabwe |
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Public Broadcasting in Africa Series: ZimbabweOpen Society Network 24 November 2009 This report is the result of research that started in 2008 with the aim of collecting, collating and writing up information about regulation, ownership, access, performance as well as prospects for public broadcasting reform in Africa. The Zimbabwe report is part of an 11-country survey of African broadcast media, evaluating compliance with the agreements, conventions, charters and declarations regarding media that have been developed at regional and continental levels in Africa. The survey of broadcast media in Africa was initiated by two projects of the Open Society Institute (OSI), the Africa Governance Monitoring and Advocacy Project (AfriMAP) and the Media Programme, working with the African members of the Soros foundation network – in Southern Africa, the Open Society Initiative for Southern Africa (OSISA). The research was carried out by Dr Sarah Chiumbu who has worked in different capacities in media in Zimbabwe and currently teaches media studies at Wits University in Johannesburg. The report was edited by Jeanette Minnie, an international freedom of expression and media consultant. The project was overseen by an editor-in-chief, Hendrik Bussiek, a media consultant with extensive broadcasting experience in Africa and globally. It is our hope that the research will clear some of the misconceptions about public broadcasters. In its simplest definition a ‘public broadcasting service’ is a broadcaster that serves the public as a whole and is accountable to the public as a whole. Yet in most instances what is referred to as a public broadcaster is in fact a state broadcaster: this research aims to help the process of aiding the transformation of Africa’s public broadcasters into media worthy of the name.
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Strengthening Popular Participation in the African Union: A Guide to AU Structures and Processes 
