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2. Zuma Goes to Jail: Implications for Rule of Law, Democracy, and Governance in South Africa
- Author:
- Peter SAKWE MASUMBE
- Publication Date:
- 12-2021
- Content Type:
- Working Paper
- Institution:
- The Nkafu Policy Institute
- Abstract:
- There is a great silver lining in the quest for popular confidence in applying the rule of law, democracy, and governance processes in Africa’s politico-economic and socio-cultural landscapes, despite several setbacks occurring in several African countries today. In South Africa, the Constitutional Court recently found former president Zuma guilty of contempt of court and landed him a 15-month prison sentence, which is irrefutably a historic judgment in the annals of African politics. This judgment is loaded with several lawful and legitimate inferences for the continent’s democracies, rules of law, governances, and leadership. But can this judgment deter other African political leaders and apparent heavyweights in the governing processes from impunity? No matter the answer to this question, this judgment serves to remind Africans that human development in terms of applying democratic principles in the continent is gaining ground through the judiciary. Therefore, the African Union, with its Malabo’s Protocol and its envisaged creation of an African Court of Justice, reminiscence of the International Court of Justice, should re-examine itself, especially in the Protocol’s clause, which provides immunity to serving or former heads of state. This historical judgment pronounced by Acting Chief Justice Sisi Khampepe, signifies, in his words, “…A mission to share knowledge, rules of governance and democracy, in a lofty and lonely work of the judiciary, as an independent arm of government, impervious to public commentaries, and political rhetoric, to uphold and apply the Constitution and the law, no matter whose guts it is.” Ostensibly, in Africa, hardly has a court lower or higher, passed a safeguarding sentence, still less on a former president – civilian or military; whose governance was serenely investigated and found wanting. Necessarily, this judgment is unique, which an African court had to make, as deterrence to other African leaders.
- Topic:
- Civil Society, Democracy, Rule of Law, and Illegal Behavior
- Political Geography:
- Africa and South Africa
3. Gender-responsive Budgeting in Tanzania
- Author:
- Bertha O. Koda and Lilian V Mtasingwa
- Publication Date:
- 12-2021
- Content Type:
- Research Paper
- Institution:
- Oxfam Publishing
- Abstract:
- The Constitution and laws of the United Republic of Tanzania require the use of gender-responsive budgeting (GRB) to promote gender-balanced and integrated national economic plans. It is at the village level where community budget needs are identified, though women’s needs are often marginalized. Although women are best at articulating their needs, their voices are seldom raised owing to limited representation. Government budgets typically sideline the needs of small-scale female farmers for access to land, markets, credit, and extension services, especially compared with male farmers. Instead, budgets designed to address general farmers’ needs, such as markets and loans for inputs and storage for surplus harvests, are directed primarily to farmers who grow strategic crops, who are mainly men. Tanzania provides for a separate budget facility for women and youth, and although most interviewees from the grassroots and the government consider this as evidence of a gender budget, it reflects a limited knowledge of GRB. Some projects supported by nongovernmental organizations and civil society organizations reflect women’s and men’s diverse needs, a feature that government budgeting should emulate. Communities need to be empowered to challenge constraints to their participation in decision making on budgets related to their priority needs. Citizens must be involved in all phases of the budget process and cycle. Government officials and institutions must be provided with adequate GRB knowledge and skills so they can use available democratic systems and structures to empower communities to engage in GRB.
- Topic:
- Governance, Rule of Law, Diversity, and Gender
- Political Geography:
- Africa and Tanzania
4. 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
5. Non-Consensual Intimate Image Distribution: The Legal Landscape in Kenya, Chile and South Africa
- Author:
- Michelle Bordachar, Nonhlanhla Chanza, Kailee Hilt, Carlos Lara, Emma Monteiro, and Grace Mutung'u
- Publication Date:
- 06-2021
- Content Type:
- Working Paper
- Institution:
- Centre for International Governance Innovation
- Abstract:
- The non-consensual distribution of intimate images, colloquially referred to as “revenge pornography” or “image-based sexual abuse,” is an unforgiving reality that continues to plague the lives of many within the current digital landscape. It alludes to the non-consensual distribution of photos or videos depicting nudity, partial nudity or sexually explicit acts. This paper provides an overview of the state of the law, both existing and proposed, in three countries in the Global South — Kenya, Chile and South Africa — as it relates to the non-consensual distribution of intimate images. It was prepared under the overall coordination of CIGI’s Kailee Hilt and Emma Monteiro, who also wrote the introduction and conclusion. The three case studies were written by leading experts from Kenya, Chile and South Africa. The authors discuss current and proposed legislation in response to non-consensual intimate image distribution, while also sharing recommendations for further action to address this growing form of gender-based violence within the digital sphere. On June 24, 2021, CIGI held a panel discussion on this topic moderated by Ruhiya Seward, senior program officer at the International Development Research Centre. Grace Mutung’u, Michelle Bordachar and Nonhlanhla Chanza, experts who contributed the case studies in the paper, spoke about this issue as it pertains to Kenya, Chile and South Africa, respectively, and offered recommendations and road maps for further action within the existing landscape.
- Topic:
- Rule of Law, Sexual Violence, Judiciary, Digital Culture, and Digitization
- Political Geography:
- Kenya, Africa, South Africa, South America, and Chile
6. Protection through Policing: The Protective Role of UN Police in Peace Operations
- Author:
- Charles T. Hunt
- Publication Date:
- 02-2020
- Content Type:
- Policy Brief
- Institution:
- International Peace Institute
- Abstract:
- Since first deployed in 1960, United Nations police (UNPOL) have consistently been present in UN missions and have become increasingly important to achieving mission objectives. Since 1999, these objectives have often included the protection of civilians (POC), especially in places like the Central African Republic, Darfur, the Democratic Republic of the Congo, Mali, and South Sudan. But despite its rise in prominence, the protective role of UNPOL is generally undervalued and regularly overlooked, and missions have tended to overly rely on militarized approaches to POC. This report examines the roles and responsibilities of UNPOL regarding POC. It outlines UNPOL’s contributions to POC and perceived comparative advantages, using examples of their role as compeller, deterrent, partner, and enabler. It also identifies and draws lessons from challenges to police protection efforts, including ambiguous mandates, policies, and guidance; poor coordination; problematic partnerships; and deficits in capabilities, capacities, and tools. Drawing on these lessons from past and current deployments, the report proposes recommendations for how member states, the Security Council, the UN Secretariat, and field missions can improve UNPOL’s efforts to protect civilians going forward. These recommendations include: Clarifying the role of UN police in POC through mandates, policies, guidance, and training to align the expectations of UN peace operations, the Secretariat, and member states for what UNPOL are expected to do; Involving all UN police in POC and giving them a voice in decision making and planning to infuse whole-of-mission POC efforts with policing perspectives and empower UNPOL to act more readily; Enhancing partnerships between UN police, host states, and other mission components to enable more responsive, better coordinated, and more comprehensive approaches to POC; and Providing more appropriate and more flexible capabilities, capacities, and tools to address critical capabilities gaps and adapt existing resources to better meet UNPOL’s latent potential for POC.
- Topic:
- Security, United Nations, Peacekeeping, Reform, Rule of Law, Civilians, and Police
- Political Geography:
- Africa, Darfur, Mali, South Sudan, Central African Republic, and Congo
7. Egypt’s Consolidated Authoritarianism
- Author:
- Amr Hamzawy
- Publication Date:
- 09-2019
- Content Type:
- Research Paper
- Institution:
- Brown Journal of World Affairs
- Abstract:
- The current Egyptian political scene reveals an important paradox: since its ascendancy to power in 2013, the military-led authoritarian government has not faced significant challenges from civil society despite systematic hu- man rights abuses and continuous societal crises. Apart from limited protests by labor activists, student movements, and members of syndicates, Egyptians have mostly refrained from protesting, instead hoping that the government will improve their living conditions despite a rising poverty rate of 33 percent, an inflation rate between 11 and 12 percent, and unemployment at eight percent. This popular reluctance to challenge the authoritarian government has continued to shape Egypt’s reality since the collapse of the short-lived democratization process from 2011–2013.
- Topic:
- Authoritarianism, Democracy, Rule of Law, Protests, and Dictatorship
- Political Geography:
- Africa, Middle East, North Africa, and Egypt
8. Advancing the Rule of Law Through Executive Measures: The Case of MINUSCA
- Author:
- Edith Vanspranghe
- Publication Date:
- 08-2019
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- The United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (MINUSCA) has been mandated to implement “urgent temporary measures” in the form of arrests and detentions of individuals. This rather innovative mandate brings about several legal and conceptual consequences that the article addresses, focusing on the compatibility of these measures with UN peacekeeping norms and principles and with past UN practice. In addition, the measures are said to contribute to law and order, public safety, the fight against impunity, and to the rule of law. This sheds light on the UN’s interesting conception of the rule of law in the Central African Republic and in conflict and post-conflict settings in general.
- Topic:
- International Law, United Nations, Conflict, and Rule of Law
- Political Geography:
- Africa and Central African Republic