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  • Author: Patrick J. Glen
  • Publication Date: 01-2012
  • Content Type: Journal Article
  • Journal: African Journal of Legal Studies
  • Institution: The Africa Law Institute
  • Abstract: This article provides an exegesis of the recently entered-into-force African Charter on Democracy, Elections and Governance. Democracy has a decidedly mixed history in Africa and, despite a concerted effort by the African Union (AU), it has made only halting inroads in those states that are nondemocratic or struggling to consolidate democracy. That may change as more states ratify and implement the Charter, a comprehensive regional attempt to promote, protect, and consolidate democracy that entered into force in February 2012. This Charter, the culmination of two decades of African thinking on how democracy should develop on the continent, represents the AU's attempt to institutionalize principles of good governance and democratic ideals. Although hurdles remain on Africa's road to democratic development, including poverty, illiteracy, and corruption, the Charter provides a means to address these stubborn problems. Whether it will succeed will depend on state implementation of the obligations undertaken by ratification of the Charter, as well as the AU's own commitment to ensuring observation of the Charter's key provisions. If the AU and its member states do fully implement and practically observe the Charter's obligations, then the prospects for democratic governance in Africa have a bright future.
  • Topic: Governance
  • Political Geography: Africa
  • Author: Mtendeweka Mhango
  • Publication Date: 01-2012
  • Content Type: Journal Article
  • Journal: African Journal of Legal Studies
  • Institution: The Africa Law Institute
  • Abstract: Recent claims of self-determination in post-independence Africa have put pressure on African regional judicial bodies to define the scope of this right. This article examines governance, peace and human rights violation issues in the context of the application of the right to self-determination in post-independence Africa. It scrutinizes the ruling by the African Commission in Katangese Peoples Congress v. Zaire, and argues that this ruling exhibits the African Commission's encouraging view of self-determination under the African Charter, and the likely recognition of a right to an autonomy regime in post-independence Africa. The article maintains that many of the legal issues in Katanga will likely be raised again, either before the African Commission or the African Court, due to recent and increased claims of self-determination by groups within African states. It examines whether the recognition of a right to autonomy regime could have positive impact on good governance, peace and development in Africa.
  • Topic: Development, Governance
  • Political Geography: Africa
  • Author: Charles Chernor Jalloh
  • Publication Date: 11-2008
  • Content Type: Journal Article
  • Journal: African Journal of Legal Studies
  • Institution: The Africa Law Institute
  • Abstract: The Africa Law Institute is pleased to present this second issue of Volume 2 of the African Journal of Legal Studies (“AJLS”). This issue contains four articles that capture in their origins and breadth the aim of the AJLS, which is to serve as a leading forum for the interdisciplinary engagement of issues of human rights, governance and the rule of law in Africa.
  • Topic: Governance
  • Political Geography: Africa