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2. Transitional Justice in Africa: What's Human Rights Got to Do with It?
- Author:
- Elsabe Boshoff
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- The African Commission on Human and Peoples' Rights has the potential to play a significant role in the development of holistic transitional justice approaches by providing a framework for states based on the African Charter on Human and Peoples' Rights and related regional human rights instruments. This policy brief presents ways in which the African Commission's 2019 Study on Transitional Justice and Human and Peoples' Rights in Africa develops a comprehensive human rights-based framework for transitional justice processes on the continent, as well as ways in which transitional justice can be mainstreamed in the African Commission's own work.
- Topic:
- Human Rights, International Cooperation, Transitional Justice, and Humanitarian Crisis
- Political Geography:
- Africa
3. Torture Victims Have a Right to Rehabilitation: A Guide for Service Providers to Assist Victims of Torture in Securing their Right to Rehabilitation
- Author:
- Centre for the Study of Violence and Reconciliation
- Publication Date:
- 07-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- The PARI Network has developed a Rehabilitation Manual that speaks to victims' rights against torture. It is a guide for service providers to assist victims of torture in securing their right to rehabilitation. The overall objective of the Manual is to enhance African service providers' understanding of torture and how they can assist torture survivors in securing their right to rehabilitation. This is because rehabilitation is more than just care for those who have been tortured. It is a human right which belongs to every victim, regardless of who or where they are.
- Topic:
- Human Rights, Torture, Rehabilitation, and Victims
- Political Geography:
- Africa
4. Curbing Illicit Financial Flows to Pay for Sustainable Development and COVID-19 Recovery
- Author:
- Gilles Carbonnier
- Publication Date:
- 03-2021
- Content Type:
- Special Report
- Institution:
- Georgetown Journal of International Affairs
- Abstract:
- Illicit financial flows significantly erode the tax base of resource-rich developing countries, which do not have the means to invest in public health, education, and sustainable development. In this column, the author presents the latest research findings and policy implications and discusses some of the most promising avenues to effectively curb illicit financial flows, strengthening the nexus between trade and tax governance.
- Topic:
- Development, Environment, Human Rights, Financial Crimes, Trade, Development Aid, Sustainability, and COVID-19
- Political Geography:
- Africa
5. THE SPECIAL POLICE IN ETHIOPIA
- Publication Date:
- 10-2021
- Content Type:
- Special Report
- Institution:
- European Institute of Peace (EIP)
- Abstract:
- Like many federal and devolved systems, Ethiopia has both federal and regional security forces. In the last fifteen years, however, Ethiopia’s regional states have established regional special police forces, in addition to the regular regional state police. Established first in Ethiopia’s Somali region in 2007 to conduct counter-insurgency operations and riot control, special police quickly spread to all other regions of Ethiopia. The role and status of special police forces in Ethiopia remain contested. Resembling paramilitary forces, the regional special police units are well armed and receive military training. They are rapidly growing in size and have successfully recruited senior (former) army officers into their ranks. Special police forces have become deeply involved in Ethiopia’s interregional conflicts and border disputes, most notably in the current conflict in Tigray. They have even been involved in international operations in Somalia and Sudan and internal coup attempts. They have also been linked to severe human rights abuses. While federal and regional governments are empowered to establish their respective police forces, no specific legal provision deals with the special police force. As trust in the federal government waned in many regional capitals, states have linked the mandate of their special police forces with self-government. Still, special police have overstepped that boundary and engaged in activities, such as international border security and settling interregional disputes, that fall within the exclusive mandate of the federal government and federal forces. This report explores the origins and growth of the special police and its roles in current Ethiopia. It investigates the force’s constitutional and legal ambiguity and places the special police within the broader debate over Ethiopian federalism. Finally, it suggests several models that Ethiopia could adopt to regulate its proliferating special police forces. A failure to do so may have dire consequences for the future of the country.
- Topic:
- Human Rights, Regional Cooperation, International Security, Police, Legal Sector, and Human Rights Violations
- Political Geography:
- Africa and Ethiopia
6. Decolonising Human Rights Protection in Africa: Impunity Rhetorically Repackaged?
- Author:
- Stef Vandeginste
- Publication Date:
- 06-2021
- Content Type:
- Policy Brief
- Institution:
- EGMONT - The Royal Institute for International Relations
- Abstract:
- Pointing out the need to decolonise human rights protection in Africa, authorities at the level of the African Union (AU) and its member states have initiated a number of institutional reforms. Purportedly aimed at enhancing accountability for human rights violations, in reality these continental mechanisms offer very little prospect to victims. In terms of the individual criminal responsibility of perpetrators, the 2014 Malabo Protocol is no more than an empty shell. In the area of state responsibility, the African Court on Human and Peoples’ Rights is facing an existential threat because of AU member states withdrawing their declarations to allow individual victims and NGOs to directly access the Court. Ultimately, the rhetorical hijacking and political misuse of the decolonisation paradigm is leaving African victims of human rights violations worse off.
- Topic:
- Human Rights, International Cooperation, Decolonization, Humanitarian Crisis, and African Union
- Political Geography:
- Africa
7. The Complementarity of Transitional Justice & SSR in Addressing and Preventing Human Rights Violations: Focus on The Gambia
- Author:
- Alex Frediani
- Publication Date:
- 09-2021
- Content Type:
- Case Study
- Institution:
- Geneva Centre for Security Sector Governance (DCAF)
- Abstract:
- This paper examines the interlinkage between SSR and transitional justice as complementary tools to provide a platform for reconciliation, reforming abusive institutions and ensuring oversight and accountability of the justice and security sector. Looking at the case of The Gambia, the paper argues that SSR should be considered as an integral component to transitional justice, under the pillar of the guarantee of non-recurrence, which require states to take all necessary measures to prevent recurrence of violations, including the necessary reforms to shape its security sector in such a way that fully enshrines respect for human rights. An integrated approach to SSR and transitional justice implies the need to “deal with the past” as a core objective of the SSR agenda while ensuring an effective coordination and communication between the two processes so that SSR is continuously fed by and mindful of the proceedings of the Truth, Reconciliation and Reparations Commission (TRRC). Furthermore, “dealing with the past” in the framework of SSR implies addressing the issue of potential vetting of security personnel allegedly involved in past abuses. In parallel, the transitional justice process constitutes an opportunity for the Government to initiate legal and judicial reforms required for effective prosecution of those allegedly responsible for serious violations of human rights committed during the past regime. While the paper argues that more could have been done to link SSR and transitional justice in The Gambia, the release of the TRRC report in the coming weeks will constitute a unique opportunity to effectively integrate transitional justice into the SSR agenda. The adoption of proper mechanism and strategies will be critical to ensure transparent and inclusive review of and dialogue around the recommendations of the TRRC as they pertain to the security sector to ensure that these recommendations are a matter of public interest and that they duly (re)shape the SSR agenda.
- Topic:
- Security, Human Rights, Transitional Justice, Justice, and Human Rights Violations
- Political Geography:
- Africa and Gambia
8. Case Study 3. Ghana: How Faith-Based, Gender-Restrictive Groups Sowed Homophobia and Reaped Political and Social Power
- Author:
- Juliana Martínez, Ángela Duarte, and María Juliana Rojas
- Publication Date:
- 03-2021
- Content Type:
- Case Study
- Institution:
- Elevate Children Funders Group
- Abstract:
- The actions of faith-based, gender-restrictive groups85 in Ghana gained international attention in 2019 due to two main events: the World Congress of Families (WCF), which convened in Accra, and the opposition to the Comprehensive Sexuality Education (CSE) program proposed by the government. Though the two were not originally related, faith-based, gender-restrictive groups used the WCF as a platform to amplify their message against the CSE program, as well as LGBT86 rights more broadly. The Ghanaian case illustrates how faith-based, genderrestrictive groups use the rhetoric of protecting children and leverage entrenched anti-LGBT sentiment in many English-speaking countries in Africa to manufacture moral panic. This strategy both effectively advances a genderrestrictive worldview and strengthens the social capital and political power of these groups. Furthermore, the anti-LGBT cause allowed these groups to work across denominations and religions—for example, Evangelicals with Catholics87 or Christians with Muslims—to create a powerful interfaith alliance that constitutes a serious threat to gender justice88 in Ghana.
- Topic:
- Human Rights, Religion, LGBT+, Homophobia, and Gender
- Political Geography:
- Africa and Ghana
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. South Africa's Possible Withdrawal from the International Criminal Court
- Author:
- Innocent Mangwiro
- Publication Date:
- 05-2020
- Content Type:
- Journal Article
- Journal:
- Conflict Trends
- Institution:
- The African Centre for the Constructive Resolution of Disputes (ACCORD)
- Abstract:
- Human rights violations continue to dominate Zimbabwe’s social and political spaces. Despite being a signatory to continental and global human rights conventions, Zimbabwe’s commitment to human rights remains questionable. As there remains a rift between the African Union (AU), some member states and the International Criminal Court (ICC), the South African government tabled a motion in parliament to withdraw from the Rome Statute in October 2019. This followed an earlier attempt in October 2016 to withdraw, one year after the then AU chairperson, Robert Mugabe, insisted that its members must not cooperate with the ICC, as it was accused of being anti-African.1 South Africa initially rejected the call for non-cooperation but, in 2015, refused to arrest Sudanese president, Omar al-Bashir, with the ICC’s powers of universal jurisdiction, signalling contempt of court.2 Given this context, this article contends that it will not be South Africans who will bear the consequences if the country eventually succeeds and withdraws from the ICC, but other African people living under regimes without good human rights records, such as Zimbabwe. While the dimension of South Africa’s geopolitical interests in Africa has sufficiently been analysed by Isike and Ogunnubi,3 I argue that the implications for human rights of the country’s withdrawal have not been exhausted.
- Topic:
- Human Rights, International Cooperation, International Criminal Court (ICC), African Union, and Human Rights Violations
- Political Geography:
- Africa, South Africa, and Zimbabwe