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31. 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

32. 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

33. People's Right to a Nationality and the Eradication of Statelessness in Africa

Author:
Darren Ekema Equmbue Monono
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The right to nationality, enshrined in art 15 of the Universal Declaration on Human Rights, is absent in the 1981 African Charter on Human and Peoples’ Rights, known as the Banjul Charter. On-going efforts by African institutions to address this gap, with a view to eradicating statelessness in the continent have, however, focused on the right to nationality as an individual right. This has undermined the spirit of the Banjul Charter, which consecrates peoples’ rights as an African specificity. This article highlights the Banjul-led African human rights system and its specificities of human rights, particularly with regard to collective community and peoples’ rights. Based on the recognition and communitarian theories, it examines different concepts related to collective rights and highlights the manifestation of peoples’ rights in African case law. It then analyses the nexus between peoples’ rights to nationality and statelessness in the continent. It concludes that the eradication of statelessness by 2024 in Africa cannot be effective unless the focus is on peoples’ collective rights to nationality.
Topic:
Human Rights, Citizenship, Stateless Population, and Nationality
Political Geography:
Africa

34. 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

35. 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

36. The National Police Service and Nigeria’s Woes

Author:
John Campbell
Publication Date:
03-2021
Content Type:
Journal Article
Journal:
Brown Journal of World Affairs
Institution:
Brown Journal of World Affairs
Abstract:
In October 2020, a viral video showed an officer from the Special Anti- Robbery Squad (SARS), a notoriously brutal Nigerian police unit, killing an unarmed civilian. Following credible reports by human rights organizations about a string of extrajudicial killings by police, this video sparked spontaneous demonstrations in Lagos. The video was widely circulated and the demonstrations spread to other cities. These protests reached a nadir when the police killed at least 12 unarmed demonstrators at the Lekki Toll Gate in Lagos on 20 October; human rights groups maintain that the number killed was far greater.1
Topic:
Human Rights, Governance, Police, and Police Brutality
Political Geography:
Africa and Nigeria

37. Traditional Transitional Justice Mechanisms: Lessons from Africa

Author:
Nomathamsanqa Masiko-Mpaka
Publication Date:
01-2020
Content Type:
Policy Brief
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
Transitional justice is widely accepted as a process for countries to employ when transitioning from authoritarian rule or armed conflict to democracy and in their quest to address legacies of systemic violence and human rights violations. As defined by the African Union, transitional justice refers to “the various (formal and traditional or non-formal) policy measures and institutional mechanisms that societies, through an inclusive consultative process, adopt in order to overcome past violations, divisions and inequalities and to create conditions for both security and democratic and socio-economic transformation.” While societies coming out of conflict or authoritarian rule have different histories, priorities and needs, commonly used mechanisms of transitional justice include criminal prosecutions, truth telling, reparations, institutional reforms, memorialisation, traditional justice, and vetting and lustration. The implementation of transitional justice is believed to be more effective, impactful and holistic when a combination of mechanisms is employed either simultaneously or sequentially.
Topic:
Human Rights, Democracy, Transitional Justice, Violence, and Justice
Political Geography:
Uganda, Africa, Mozambique, Sierra Leone, and Rwanda

38. A Review of Sierra Leone’s Mines and Minerals Act

Author:
Tehtena Mebratu-Tsegaye, Perrine Toledano, and Sophie Thomashusen
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
Columbia Center on Sustainable Investment
Abstract:
With the support of Oxfam, the Columbia Center on Sustainable Investment reviewed select provisions in the Mines and Minerals Act 2009 and corresponding policy statements from the Minerals Policy 2018 to provide recommendations for how to best align the anticipated new mining law with international best practice. The 2009 law was reviewed with a focus on the following topics: • Fiscal regime; • Climate change; • Access to and use of land; • Community consultations and participation; • Human rights; and • Community development agreements.
Topic:
Climate Change, Human Rights, Natural Resources, Mining, Land, Sustainability, and Community
Political Geography:
Africa, West Africa, and Sierra Leone

39. Urban Rights and Local Politics in Egypt: The Case of the Maspero Triangle

Author:
Dina Wahba
Publication Date:
01-2020
Content Type:
Research Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
In my visit to Egypt in late March 2018, two things were happening simultaneously: the demolition of Maspero Triangle, the neighbourhood I have been working on for my case study, and the re-election of President Abdel Fattah El Sisi for his second term. There was a big campaign banner, one of many engulfing Cairo, with El Sisi’s face and the slogan “You are the hope”. This banner on 6th of October bridge was overlooking the neighbourhood as the bulldozers were hard at work demolishing what was for years the homes of over 4000 families spanning generations. I was in a taxi trying inconspicuously to take pictures of the banner and wondering what my interlocutors would say when I ask them about how they view this promise of hope overlooking the destruction of their homes. I was also marvelling at the almost nonsensical sequence of events. In 2011 Maspero was one of the most militant neighbourhoods, among many in downtown and old Cairo (Ismail 2013), that defended the occupation of Tahrir Square. As it was adjacent to Tahrir, it played a crucial role in sustaining the square during the first 18 days of the uprising. Seven years after the revolution, the neighbourhood was faced with complete erasure. How did we get here? I argue for the productivity of looking at Egyptian politics through the lens of affect as a possible way to answer this question. As Laszczkowski and Reeves argue in their edited book Affective States (2017) “Affect is at the heart of those moments when the political catches us off guard or when it leaves us feeling catatonically suspended, wondering where we are, how we even go there, and when this became so ordinary”. In this paper, I examine one such moment: the demolition of Maspero neighbourhood that coincided with the re-election of Abd El Fattah El Sisi in early 2018. I investigate state-society relations and the shifts throughout those moments by looking at how one neighbourhood negotiated their survival that culminated in their removal. Much like the wider socio-political context in Egypt and the story of the Egyptian revolution itself, Maspero is a story of a negotiated failure. A youth-led movement that demanded basic rights, exhausted various political tactics to lobby the government and failed the bigger fight, but scored some victories, such as the ability of some 900 families to come back to Maspero after the development project is over. I argue that Maspero can uncover much about the wider political tribulations since 2011. The case offers a lens through which we can see political openings and opportunities, clampdowns and closures as well as the current regime’s agenda for ensuring that what happened on 25 January 2011 does not happen again. I claim that one of the tactics of the regime is to systematically deconstruct the politics of the urban subaltern that played a major role in the revolution (Ismail 2013) through urban reconfiguration as well as new and old methods of affective co-optation and coercion. In her analysis of state-society relations, Cilja Harders argues that “political science tends to privilege macro-level perspectives” rendering the urban subaltern as only passive subjects of political transformations (Harders 2003). I argue that this has not changed in analysing the aftermath of the revolution. Few studies discussed the role of the urban poor in the revolution; however, many scholars neglected the politicisation of the urban subaltern when analysing transformation (or lack thereof) in Egyptian politics in the last few years. After eight years, the situation seems bleak and the task futile. To argue for any kind of change, let alone transformation, one must be blind to the strong backlash against any attempt to capitalise on the temporary gains of the revolution. The only story left to be told seems to be one of failure. The utter failure of a reformist movement to impose even partially its agenda for change (Bayat 2017). However, the case of Maspero neighbourhood and its youth alliance allow me to trace the revolution back into the everyday politics of citizens in a crushing struggle with the regime to examine whether the revolution disrupted informal traditional ways of doing politics. Rather than examine radical or even reformist regime or legal changes in national politics, I am interested in informal politics and its disruption. “It is in the local scale that power relations become tangible and abstract concepts such as ‘state’ and ‘politics’ observable” (Hoffmann, Bouziane & Harders 2013, 3). Building on the work of scholars of everyday politics, street politics and politics from below, I focus, therefore, on the street and, more specifically, Maspero, a neighbourhood adjacent to Tahrir Square that lived the revolution with all its tribulations, a neighbourhood that affected and was affected by the revolution. I find Salwa Ismail’s work on the role of the urban subaltern in the revolution productive in unpacking and tracing the “everyday” in the Egyptian revolution. “The infrastructures of mobilisation and protest lay in the microprocesses of everyday life at the quarter level, in their forms of governance and in the structure of feelings that developed in relation to state government” (Ismail 2012, 450). Ismail’s argument highlights the quarters or neighbourhoods as spatial political laboratories where the urban subaltern, through rigorous negotiations and “every day” encounters with the different arms of the state, accumulates knowledge about modes of governance and how to resist them. This was obvious in the role that the urban subaltern played in the revolution and was reflected in the narratives of my interlocutors and highlighted in some of the scholar’s accounts of the revolution. In Ismail’s (2012) account of the “backstreets of Tahrir”, she narrates several important “battles” in informal neighbourhoods that she believes were vital to the success of the revolution. These “battles” manifest the moment of convergence between locally grounded grievances and national revolutionary politics. “The account of the battles serves to draw attention to the place of popular quarters in the geography of resistance, and to the spatial inscription of popular modes of activism”. (Ismail 2012, 446) The importance of Ismail’s account is in linking popular resistance to the spatial characteristics of the quarter, which brings up the question of what will happen to popular resistance when the neighbourhood is gone. I argue that the removal of entire neighbourhoods has a political purpose, that of dismantling the political laboratories and crushing street politics. In discussing the battles in Tahrir, Bulaq Abu Al-Ila features prominently in sheltering activists, defending the occupation of the square and engaging in prolonged street fights that exhausted the police and kept it from reclaiming the square. Ismail (2012, 448) links the neighbourhood’s repertoire of contention to a history of patriotism that goes back to the resistance of the French colonial conquest, again highlighting a spatially bounded accumulation of generational knowledge and affective register of popular resistance. The aim of my endeavour is not just to highlight the role of the urban subaltern in the revolution and the subsequent politicisation and depoliticization and what one may learn from it. It is also to link this to what the state has been learning about countering any possible future mobilisation in order to foresee state strategies of radically altering the “every day” modes of governance and with it modes of resistance and to connect this to the urgency of urban restructuring processes happening in Cairo on an unprecedented scale since the 1990s. Asef Bayat (2012) explores the politics of the urban subaltern in “neoliberal cities” in an authoritarian regime. Bayat offers the concept of “social non-movements” to analyse street politics (2012, 119). According to him, the streets are vital to the urban subaltern: he writes that “[t]he centrality of streets goes beyond merely the expression of contention. Rather, streets may actually serve as an indispensable asset/capital for them to subsist and reproduce economic as well as cultural life” (2012, 119). Bayat describes the ongoing conflict over the public space between the state and the urban subaltern as “street politics” (Bayat 2009). These ongoing processes consequently create the “political street”, hence, politicising ordinary citizens through their struggles over urban space. Some of the questions that arise here and reflect the limitations of Bayat’s arguments in this point of history relate to what happens to “street politics” when the urban subaltern loses the “political street”. Reflecting on the case of Maspero neighbourhood, what happens to the politicisation and cultural and economic appropriation when they are relocated to Asmarat, a far-off gated community out of central Cairo? What happens to the politics of the urban poor when they lose their “capital”? And, what kind of political and spatial affects are tied to this dispossession? One of the challenges of studying Maspero was to understand the affective attachments that people had to the neighbourhood. Drawing from the literature on street politics and Asef Bayat’s notion of encroachment (2009), I could understand materially the reasons why forcefully displacing people from their homes could be traumatic. However, as I witnessed them mourn the neighbourhood it became clear to me that there are reasons beyond what this literature can offer. Here, affect theories can be helpful. Yael Navaro Yashin calls for “a reconceptualization of the relation between human beings and space” (2012, 16). Yashin critiques what she calls “the social-constructionist imagination” in its focus on conceptualising space only through what humans project on it. Building on Teresa Brennan’s work on the transmission of affect, Yashin argues for affective relationality between humans and their environment. However, she does not take an object-centred approach but combines the human subjective approach with one that explores that “excess” in the environment that she studies through the lens of affect. Yashin’s work on the collision of the phantasmatic and the material is essential in understanding the “affect” of the neighbourhood. According to Yashin, “the make-believe is real” (2012, 10). Reflecting on the case of Maspero, the affective attachments that the inhabitants of the neighbourhood developed was built around the material, the encroachment, and the social networks but moved beyond this. To them, Maspero is their country and their home. Below one of my research interlocutors, a male resident of Maspero in his 30s explains to me the attachment of the people to Maspero Triangle. “We belong to this place; it is part of us, and we are a part of it. This place holds our memories and childhood. This is something that officials never understood. But we felt it. In this place I used to play, when I am upset, I like to sit in this place and talk to my friends. We are attached to this place not just because it is close to our work. We are linked spiritually to this place; our hearts are attached to this place. I do not want to go out. I do not want to live even in Zamalek, which is very close to us. I do not want to live there. We are attached to this place.” Nigel Thrift (2007) argues that for the political importance of studying affect in cities and affective cities to trace how affect and cities interact to produce politics. The interactions between space, bodies and affect are linked to political consequences. Thrift goes further to point to the political engineering of affect in urban everyday life and what might seem to us as aesthetic is politically instrumentalised. This engineering of affect can have various political aims. To erase emotional histories, create new affective registers or mobilise old ones in urban settings through urban restructuring (Thrift 2007, 172). Thus, it is not farfetched to argue that the urban restructuring of cities is linked to eliciting or inhibiting political responses. The massive plan of the Egyptian government to drastically change downtown Cairo, a space that witnessed a revolution has interlinked political and affective goals. It aims at erasing the affective register of the 2011 Egyptian revolution and inhibits the politics of the urban poor.
Topic:
Human Rights, United Nations, Revolution, Urban, and Youth Movement
Political Geography:
Africa, North Africa, Egypt, and Maspero

40. Joint NGO Letter: The UN Human Rights Council should extend the mandate of the Commission on Human Rights in South Sudan

Author:
Global Centre for the Responsibility to Protect
Publication Date:
02-2020
Content Type:
Commentary and Analysis
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
A letter to the UN Human Rights Council from a number of NGOs (African Centre for Democracy and Human Rights Studies (ACDHRS); AfricanDefenders (Pan-African Human Rights Defenders Network); Cairo Institute for Human Rights Studies (CIHRS); Center for Reproductive Rights; Central African Network of Human Rights Defenders (REDHAC) CIVICUS; Community Empowerment for Progress Organization (CEPO) – South Sudan; Crown The Woman – South Sudan; DefendDefenders (the East and Horn of Africa Human Rights Defenders Project); Dominicans for Justice and Peace; Geneva for Human Rights / Genève pour les Droits de l’Homme; Global Centre for the Responsibility to Protect (GCR2P); Human Rights Watch; International Commission of Jurists; FIDH (International Federation for Human Rights); International Movement Against All Forms of Discrimination and Racism (IMADR); International Service for Human Rights; Lawyers’ Rights Watch Canada; Legal Action Worldwide (LAW); National Alliance for Women Lawyers – South Sudan; Southern Africa Human Rights Defenders Network (SAHRDN); South Sudan Human Rights Defenders Network (SSHRDN); World Organisation Against Torture (OMCT)).
Topic:
Civil Society, Human Rights, United Nations, and NGOs
Political Geography:
Africa, United Nations, and South Sudan