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1. Citizen Commitment – How Fragile States in Sub-Saharan Africa can Thrive

Author:
Clement Mutambo
Publication Date:
09-2020
Content Type:
Working Paper
Institution:
Council on International Policy (CIP)
Abstract:
Fragile states are nations whose institutions of governance are highly susceptible to corruption, deception, and bias. According to the Fund for Peace, the vast majority of Sub-Saharan Africa countries qualify as moderately to severely fragile states. Why? Because African institutions are weak and dysfunctional, and leaders manipulate their systems with impunity. If the fragility fiasco is to be changed, African people need to realize that neither their leaders nor international observations can fix the issue; only the people hold the power to determine their future. Despite the tumultuous conditions in many nations in the Sub-Saharan continent, there is hope. The recent Malawian election demonstrated that despite weak local institutions and inadequate support from the international community, change can be made if citizens unite and demand accountability for corruption and abuses of power. When Malawians realized the outcome of their late 2019 presidential election was rigged, they took matters into their own hands. Even though six international observers, including the United Nations Development Program, Southern African Development Community, European Union, and African Union, argued that the elections were free and fair, overwhelming evidence of ballot tampering suggested otherwise.
Topic:
Governance, Elections, Fragile States, and Courts
Political Geography:
Africa and Sub-Saharan Africa

2. LGBTIQ Rights in Kenya: On Artivism and Social Change

Author:
Deborah P. Amory
Publication Date:
05-2019
Content Type:
Special Report
Institution:
Georgetown Journal of International Affairs
Abstract:
The struggle for LGBTIQ rights in Kenya provides a unique and fascinating case study of the powerful social change taking place right now. On May 24, 2019, the High Court of Kenya will rule on whether to decriminalize same-sex relationships, which are currently punishable by up to fourteen years in prison. The court was originally scheduled to decide this case in February but delayed the ruling, citing mounds of documents that had still not been read. Activists pointed out that judges had already had several years to read the documents, and some worried that the delay was a sign of government interference with the judicial process.
Topic:
Social Movement, Political Activism, Courts, and LGBT+
Political Geography:
Kenya and Africa

3. Backlash against International Courts in West, East and Southern Africa: Causes and Consequences

Author:
Karen J. Alter, James T. Gathii, and Laurence R. Helfer
Publication Date:
01-2016
Content Type:
Journal Article
Abstract:
This article discusses three credible attempts by African governments to restrict the jurisdiction of three similarly situated sub-regional courts in response to politically controversial rulings. In West Africa, when the Court of the Economic Community of West African States (ECOWAS) upheld allegations of torture by opposition journalists in Gambia, that country’s political leaders sought to restrict the Court’s power to review human rights complaints. The other member states ultimately defeated Gambia’s proposal. In East Africa, Kenya failed in its efforts to eliminate the East African Court of Justice (EACJ) and to remove some of its judges after a decision challenging an election to a sub-regional legislature. However, the member states agreed to restructure the EACJ in ways that have significantly affected the Court’s subsequent trajectory. In Southern Africa, after the Southern African Development Community (SADC) Tribunal ruled in favour of white farmers in disputes over land seizures, Zimbabwe prevailed upon SADC member states to suspend the Tribunal and strip its power to review complaints from private litigants. Variations in the mobilization efforts of community secretariats, civil society groups and sub-regional parliaments explain why efforts to eliminate the three courts or narrow their jurisdiction were defeated in ECOWAS, scaled back in the EACJ and largely succeeded in the SADC.
Topic:
Civil Society, Human Rights, International Law, and Courts
Political Geography:
Kenya, Africa, Europe, South Africa, Zimbabwe, and Gambia

4. EJIL Editors’ Choice of Books 2015

Author:
Sarah Nouwen, Christian Tams, Jan Klabbers, and Jean d'Aspremont
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
At the end of 2014, we invited the EJIL Board members to reflect on the books that had had a significant impact on them during the year. Their contributions, posted on EJIL: Talk!, were met with great interest and curiosity. As the end of another year approaches, we decided once more to invite our Board members to look back on their reading in 2015. In the following pieces Sarah Nouwen, Christian Tams, Jan Klabbers and Jean d’Aspremont write about the books they read or re-read this year and which they found inspiring, enjoyable or even ‘must reads’ for their own work or international law scholarship in general.
Topic:
Human Rights, International Law, History, and Courts
Political Geography:
Africa, Europe, and South Sudan