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1. Bölünmüş Toplumlarda Anayasa Yapımı: Güney Afrika Deneyimi (Constitution-Making Processes in Divided Societies: The South African Experience)

Author:
Sevtap Yokuş
Publication Date:
07-2022
Content Type:
Journal Article
Journal:
AURUM Journal of Social Sciences
Institution:
Altinbas University
Abstract:
Bölünmüş toplumlarda anayasa yapım süreçleri, demokratik anayasa bakımından çok daha büyük önem taşır. Anayasal düzenlemeler ve tercihler kadar anayasa yapım yöntemleri de demokratik anayasa açısından belirleyicidirler. Demokratik anayasa yapımı süreçleri, toplumun bütün kesimlerinin katılımına açık olarak yürütülür. Katılımcı anayasa yapım örneklerinden en orijinal ve en çarpıcı olanı, Güney Afrika Anayasası inşa sürecidir. Bu süreç, ayrımcı Apartheid rejiminden demokrasiye geçişi sağladı. Kurucu Meclis, Anayasa inşa sürecini güvenilir kılmak amacıyla, şeffaflık ve katılımcılık ilkelerini sürece hâkim kılmaya çalıştı. Güney Afrika anayasa yapım süreci, başarılı bir demokratikleşme örneğidir. Güney Afrika deneyimi, çatışma çözümünde anayasa yapım yönteminin ne denli belirleyici olduğunu göstermesi bakımından da önemlidir.
Topic:
Conflict Resolution, Democratization, Constitution, Participation, and Polarization
Political Geography:
Africa and South Africa

2. Tunisia in the wake of the referendum: A new divisive Constitution

Author:
Zied Boussen and Malek Lakhal
Publication Date:
08-2022
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
On 25 July 2022, Tunisian President Kais Saied organized a referendum for the adoption of a new constitution, clearly carrying his signature. A first look at the situation by our researchers Zied Boussen and Malek Lakhal sheds light on a so-far unstable Tunisian context.
Topic:
Politics, Reform, Constitution, and Referendum
Political Geography:
Africa and Tunisia

3. National dialogue and social cohesion in Zambia

Author:
Kabale Ignatius Mukunto
Publication Date:
01-2022
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
National dialogues bring all major political stakeholders, decision-makers, and interest groups together following serious conflicts. In response to political differences that emerged from the 2016 general elections, Zambia enacted a National Dialogue (Constitution, Electoral Process, Public Order and Political parties) Act, 2019, which provided for holding a national dialogue forum (NDF). However, this trajectory has been turbulent and the outcome fiercely contested. This article is an appraisal shedding light on Zambia’s strides in hosting a post-2016 general elections national political dialogue process and an attempt to answer three critical questions. First, how can national political dialogue be best organised to build social cohesion? Second, what has been the Zambian experience with national dialogue, with particular reference to the 2019 NDF? Last, what lessons can be learned for future national dialogues in the country? The article offers some perspectives on how national dialogue can support the broader society to cohere. It also advances descriptive lessons for the future to vouch for an all-inclusive national dialogue process.
Topic:
Constitution, Social Cohesion, and Dialogue
Political Geography:
Africa and Zambia

4. Unconstitutional Populism: A Peril to Democracy In Sub-Saharan Africa?

Author:
Joel Moudio Motto
Publication Date:
08-2021
Content Type:
Working Paper
Institution:
The Nkafu Policy Institute
Abstract:
The end of the Arab Spring has barely been digested, with Sub-Saharan Africa starting to embark on the same lane. The Malian news of August 2020 saw the ousting of Ibrahim Boubakar Keita following a popular mobilization led by the Imam of the Bamako Mosque. In 2014 in Burkina Faso, the popular movement under the banner of the Balai-citoyen deposed Blaise Comparoé. Both of these constitutive cases of populism indicate a rejection of representative democracy and, therefore, of the ‘will’ of the people to govern directly without institutional mediation. Still, they also express the crisis of the welfare state, that is, the inability of those in power to deliver. In populist rhetoric, history and political issues are reduced to an aggressive opposition between a majority people – homogeneous and hard-working – and an elite – minority and heterogeneous, democratically elected and appointed by governments. These elite, in populist rhetoric, are seen as an enemy of the people. Thus, the emergence of populist dynamics in Mali since June 2020 – with the eruption of the heterogeneous opposition coalition of the Movement of June 5 – Rally of Patriotic Forces of Mali (M5-RFP) – and in Burkina Faso with the civil society organizations around the Balai Citoyen in 2014, which contributed to the overthrow of democratically elected Heads of State, is, in fact, anti-constitutional populism. Therefore, in this circumstance, we seek to underscore the drivers of unconstitutional populism and to what extent it remains a threat to democratic transition.
Topic:
Democracy, Constitution, Populism, and Arab Spring
Political Geography:
Africa

5. A Return to Constitutional Order and Democratic Governance in Chad: Is the African Union Not Crawling?

Author:
Francis Tazoacha
Publication Date:
12-2021
Content Type:
Working Paper
Institution:
The Nkafu Policy Institute
Abstract:
The world-wide drive towards democracy, incited in part by the ending of the cold war, created opportunities for democratization not only in Europe and the former Soviet Union, but also across Africa. Hopes were high that Africans would begin to enjoy the freedoms afforded to citizens living in the former colonial powers. Despite the euphoria that followed this wind of change, some countries are embracing it while others are clinging to autocratic rule. The fossilisation of the autocratic rule has left many heads of state clinging to power while others are exercising pseudo-monarchic transitions through the abrogation of their respective constitutions and abuse of human rights. This perturbation has been the stumbling block to the democratic processes, good governance and sustainable development. Despite these inconsistencies, some African regional bodies have upheld their responsibilities while others such as the African Union (AU), the umbrella continental organisation, has played the role of “the good, the bad and the ugly”.
Topic:
Civil Society, Regional Cooperation, Governance, Democracy, Constitution, and Africa Union
Political Geography:
Africa and Chad

6. The Potential for Constitutional Devolution in South Africa

Author:
Martin van Staden
Publication Date:
10-2021
Content Type:
Journal Article
Journal:
The Cato Journal
Institution:
The Cato Institute
Abstract:
The African National Congress (ANC) today rules South Africa, formally a federation, as though it were a unitary state. There has been increasing agitation in recent years for the secession of the Western Cape province, which since South Africa ended apartheid in 1994 has never returned a majority vote in favor of the ANC.
Topic:
Government, Constitution, Disputes, and African National Congress (ANC)
Political Geography:
Africa and South Africa

7. Reforming Constitutional Governance in Ghana

Author:
Kojo Asante and Nicholas Opoku
Publication Date:
08-2021
Content Type:
Policy Brief
Institution:
Ghana Center for Democratic Development
Abstract:
Manifestos are increasingly becoming an important polical contract in Ghana's highly compeve electoral polics. The preparaon of manifestos offers cizens and civil society organizaons (CSOs) a unique opportunity to mobilize and unite behind crical socio-economic and governance issues, and compel polical pares to prescribe reforms or proposals to them, with the view of implemenng such proposals when voted into office. The expectaon is that following this process, cizens and CSOs, working closely with the media, will hold polical pares to account for their proposed reforms to these issues. In line with this, the Ghana Center for Democrac Development (CDD-Ghana) ahead of the 2020 general elecons, embarked on The Manifesto Project with the view of highlighng crical problem areas in ten (10) sectors that hinder naonal development and progress and prescribe soluons for polical pares to comprise in their respecve manifestos. The issues were captured in a report tled 'The Manifesto Project: Promong responsive and responsible manifestos for inclusive development'. As a new government has been formed in 2021 following the outcome of the 2020 elecons, it is our expectaon that government will take steps towards addressing the key sector-specific issues highlighted. In the area of governance, some perennial challenges and gaps persist. This policy brief outlines the key issues idenfied as constung crical problem areas and gaps in Ghana's efforts towards ensuring good governance, with a view to informing and influencing agenda-se ng and policy for inclusive development.
Topic:
Civil Society, Politics, Governance, Reform, and Constitution
Political Geography:
Africa and Ghana

8. Constitutional or Unconstitutional: Is That the Question?

Author:
Eya Jrad
Publication Date:
08-2021
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
On 25 July 2021, Tunisian President Kais Saied dismissed Prime Minister Hichem Mechichi and froze the Assembly of the Representatives of the People, creating a constitutional crisis in a country already embattled by dire COVID-19 conditions. This paper aims to contribute to the ongoing debate on the constitutionality of the measures taken by Kais Saied, by examining both the text of the Constitution and the context to argue that a contextual interpretation is needed in order to adjust to the dynamic nature of societies.
Topic:
Democracy, Constitution, State Formation, Legislation, Pandemic, COVID-19, and Political Crisis
Political Geography:
Africa and Tunisia

9. Rebuilding Constitutionalism and Rule of Law in Zimbabwe

Author:
Stephen Buchanan-Clarke and Sikhululekile Mashingaidze
Publication Date:
08-2021
Content Type:
Policy Brief
Institution:
Good Governance Africa (GGA)
Abstract:
Recommendations to the Zimbabwean government Commit to a new, inclusive pathway for a mediated, citizen-centred national dialogue to align with and enact the principles set out in the Zimbabwe Constitution of 2013, to resolve the current constitutional crisis and legitimacy question. Comprehensive legal, political, and economic reform is critical. Commit to the drafting and passing of a comprehensive electoral law consistent with the 2013 Constitution that guarantees the independence of the Zimbabwe Electoral Commission (ZEC), allows for the appointment of an independent ZEC chair from outside of Zimbabwe, and prevents government from interfering with the work of the commission. Ensure a comprehensive delimitation exercise, extend the voter registration process, and ensure there is a transparent and comprehensive verification process to develop a credible voters’ roll. This would include allowing independent interested stakeholders from civil society, the media, and opposition parties access to inspect the voters’ roll prior to elections. Promote a free and fair election campaign environment for all players, and actively guard against voter intimidation by establishing a special body to investigate complaints of political violence and allow external independent observers early access to all voting stations prior to election day. Restore independence and citizen trust in the county’s public institutions through, for example, the institution of an independent and impartial judicial committee tasked with restoring judicial independence and making recommendations for complete judicial reform, to eradicate judicial corruption, ensure the independence of judges and improve the functioning of the courts. End partisanship in the police force, starting with undertaking investigations into allegations of human rights violations against the Zimbabwe Republic Police (ZRP) and other security sector agencies, and ensuring those responsible for such abuses are held accountable under the law.
Topic:
Government, Human Rights, Reform, Elections, Constitution, Rule of Law, Police, and Inclusion
Political Geography:
Africa and Zimbabwe

10. Zimbabwe media policy briefing

Author:
Sikhululekile Mashingaidze and Stephen Buchanan-Clarke
Publication Date:
10-2021
Content Type:
Policy Brief
Institution:
Good Governance Africa (GGA)
Abstract:
The 2013 Zimbabwean Constitution’s well-articulated provisions for media freedom are in stark contrast to the fragility of the country’s current media landscape, 41 years after the attainment of independence. The Zimbabwe Media Commission (ZMC) is a constitutional body mandated with functions that include the duty to uphold, promote and develop media freedom, enforce good practices and ethics, as well as fair competition and diversity. However, that the ZMC chairperson and its eight other members are presidential appointees poses a challenge for ZMC’s operational independence. The 2013 Constitution’s Part 5. Section 248. Part 1a) notes that a chairperson is ‘…appointed by the President after consultation with the Committee on Standing rules and orders;’ and Part b cites eight other members appointed by the President from a list of 12 nominees submitted by the same committee. This is a structural problem within the Constitution itself, as it enables disproportionate executive influence and curtails the commission’s independence in its primary mandate to uphold, promote and develop freedom of the media. Sections 61 and 62 of the Constitution, however, outline ordinary citizens’ and journalists’ rights to freedom of expression, freedom of the media and the right of access to information. Although subject to restrictions in contexts of defence, public security, or professional confidentiality, these freedoms include citizens’ right of access to information for public accountability and stipulate journalists’ right to protection of the confidentiality of their sources of information. The Constitution further specifies the freedom of all state-owned media to independently determine the editorial content of its broadcasts, be impartial and afford fair opportunity for the representation of divergent views and dissenting opinions.
Topic:
Governance, Media, Constitution, and Journalism
Political Geography:
Zimbabwe and Africa