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111. Nigeria: Failed Elections, Failing State?

Publication Date:
05-2007
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
Nigeria's democracy is in crisis. The April 2007 elections were supposed to move the country to a higher rung on the democratisation ladder, create a more conducive environment to resolve its many internal conflicts and strengthen its credentials as a leading peacemaker, but instead generated serious new problems that may be pushing it further towards the status of a failed state. The declared winner, Umaru Musa Yar'Adua, assumed the presidency on 29 May with less legitimacy than any previously elected president and so with less capacity to moderate and resolve its violent domestic conflicts. He must act urgently to heal wounds, redress electoral injustice and punish the most grievous voting frauds, including those by officials of the agencies directly involved in administering the elections. To salvage his government's legitimacy, he needs to pursue policies of inclusiveness and restraint in relation to the opposition, accept the decisions of the tribunals (including the Supreme Court if need be) reviewing the petitions of defeated candidates, and embark on a vigorous electoral reform program.
Topic:
Democratization, Development, and Government
Political Geography:
Africa and Nigeria

112. Northern Uganda: Seizing the Opportunity for Peace

Publication Date:
04-2007
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
With peace negotiations due to restart in the southern Sudanese town of Juba on 26 April, the ten-month-old peace process between the Lord's Resistance Army (LRA) and the Ugandan government still has a chance of ending one of Africa's longest, most brutal conflicts. The present process is more structured and inclusive than previous efforts to end the twenty-year-old conflict, benefits from greater – if still inadequate – external involvement, and has made some significant gains, notably removing most LRA fighters from northern Uganda. And the implementation of the agreement to end Sudan's north-south civil war has reduced both the LRA's and the Ugandan army's room for manoeuvre.
Topic:
Conflict Resolution, Development, and Government
Political Geography:
Uganda, Africa, and Sudan

113. Somalia: The Tough Part Is Ahead

Publication Date:
01-2007
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
Somalia's Islamic Courts fell even more dramatically than they rose. In little more than a week in December 2006, Ethiopian and Somali Transitional Federal Government (TFG) forces killed hundreds of Islamist fighters and scattered the rest in a lightning offensive. On 27 December, the Council of Somali Islamic Courts in effect dissolved itself, surrendering political leadership to clan leaders. This was a major success for Ethiopia and the U.S. who feared emergence of a Taliban-style haven for al-Qaeda and other Islamist extremists, but it is too early to declare an end to Somalia's woes. There is now a political vacuum across much of southern Somalia, which the ineffectual TFG is unable to fill. Elements of the Courts, including Shabaab militants and their al- Qaeda associates, are largely intact and threaten guerrilla war. Peace requires the TFG to be reconstituted as a genuine government of national unity but the signs of its willingness are discouraging. Sustained international pressure is needed.
Topic:
Conflict Prevention, Government, and Religion
Political Geography:
Africa, Taliban, Ethiopia, and Somalia

114. Special Court of Sierra Leone Briefing: The Taylor Trial and Lessons from Capacity-Building and Outreach

Author:
Scott Worden
Publication Date:
08-2007
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Against a backdrop of halting progress by many international courts, the Special Court of Sierra Leone (SCSL) has quietly had significant success in accomplishing its mission to provide justice for the perpetrators most responsible for the horrific crimes committed against the people of Sierra Leone. Three years into the Court's operation, it has achieved guilty verdicts in cases against five defendants—with two verdicts in the past two months—that have set several important precedents in international law. The SCSL has just begun its last and most prominent case with the trial in The Hague of Charles Taylor for his role in fueling the violence in Sierra Leone while he was President of neighboring Liberia. The Taylor trial is expected to end in the fall of 2008, and with that, the Court will begin its wrap-up phase.
Topic:
Conflict Resolution, International Relations, and Government
Political Geography:
Africa and Liberia

115. Neopatrimonialism Revisited - Beyond a Catch-All Concept

Author:
Ulf Engel and Gero Erdmann
Publication Date:
02-2006
Content Type:
Working Paper
Institution:
German Institute of Global and Area Studies
Abstract:
The article provides a critical discussion of the literature on “patrimonialism” and “neopatrimonialism” as far as the use in Development Studies in general or African Studies in particular is concerned. To overcome the catch-all use of the concept the authors present their own definition of “neopatrimonialism” based on Max Weber's concept of patrimonialism and legal-rational bureaucracy. However, in order to make the concept more useful for comparative empirical research, they argue, it needs a thorough operationalisation (qualitatively and quantitatively) and the creation of possible subtypes which, in combination, might contribute to a theory of neopatrimonial action.
Topic:
Development, Government, and International Organization
Political Geography:
Africa

116. Nigeria-Related Financial Crime and its links with Britain

Author:
Michael Peel
Publication Date:
11-2006
Content Type:
Working Paper
Institution:
Chatham House
Abstract:
Financial crime linked to Nigeria is a large and pressing problem for the British authorities, which are short of the information and resources needed to deal with it. Nigeria-related financial crime has grown in significance partly because it is not seen as a priority area. Private-sector fraudsters and corrupt public officials and British companies have profited from the general Western focus on terrorist financing, drugs and people-trafficking. Other types of corruption and money-laundering, some of which involve British business people, have often been neglected.
Topic:
Government
Political Geography:
Britain, Africa, Europe, and Nigeria

117. Election Observation Missions: Making them Count

Author:
Joe Clark
Publication Date:
01-2006
Content Type:
Working Paper
Institution:
The Wilson Center
Abstract:
An Introduction from Africa Program Director HowardWolpe and Canada Institute Director David Biette: In October of 2004, The Right Honorable Joe Clark, former prime minister of Canada and a public policy scholar at the Woodrow Wilson International Center for Scholars, led the Commonwealth Election Observation Mission to Cameroon. On April 29, 2005 he hosted “Election Observation Missions: Making Them Count,” a conference sponsored jointly by the Africa Program and the Canada Institute, which focused on the follow-up phase of international election observation. Conference participants were asked to consider how the role of international election observation missions might be strengthened, so as to serve as an effective practical means of promoting and advancing democracy. In this paper, Joe Clark, drawing on the contributions of conference participants, provides an overview of the debate on effective election observation missions.
Topic:
Democratization, Government, and Politics
Political Geography:
Africa

118. The Constitutional Protection of Socio-Economic Rights in Selected African Countries: A Comparative Evaluation

Author:
John Cantius Mubangizi
Publication Date:
03-2006
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
This article evaluates the extent to which a few selected African countries have incorporated socio-economic rights in their constitutions, the mechanisms through which such rights are realised, the challenges such realisation entails and the approach taken by the courts and other human rights institutions in those countries towards the realisation and enforcement of those rights. The survey examines South Africa, Namibia, Uganda and Ghana. Apart from the logical geographical spread, all these countries enacted their present constitutions around the same time (1990 to 1996) in an attempt to transform themselves into democratic societies. In a sense, these countries can be seen as transitional societies, emerging as they have done, from long periods of apartheid and foreign domination or autocratic dictatorships. The latter is true for Uganda and Ghana while the former refers to South Africa and Namibia. The article concludes that South Africa has not only made the most advanced constitutional provision for socio-economic rights, it has also taken the lead in the judicial enforcement of such rights, an experience from which the other countries in the survey can learn.
Topic:
Development, Government, and International Law
Political Geography:
Africa

119. Genomics, Insurance and Human Rights: Is there a Place for Regulatory Frameworks in Africa?

Author:
Vincent O. Nmehielle
Publication Date:
03-2006
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
This article examines the human rights dimension of genetic discrimination in Africa, exploring the place of regulatory frameworks while taking into account the disadvantaged position of the average African. This is in response to the tendency of insurance companies toward making health insurance decisions on the basis of individual genetic information, which could result in genetic discrimination or health insurance discrimination based on a person’s genetic profile. The author considers such questions as the intersection between human rights (right to life, health, privacy, human dignity and against genetic discrimination) in relation to the insurance industry, as well as the obligations of state and non-state actors to promote, respect, and protect the enjoyment of these rights. The article argues that African nations should not stand aloof in trying to balance the competing interests (scientific, economic and social) presented by the use of genetic information in the health care context and that ultimately it is the responsibility of states to develop domestic policies to protect their most vulnerable citizens and to prevent entrenched private discrimination based on an individual’s genes.
Topic:
Development, Government, Human Rights, and International Law
Political Geography:
Africa

120. Rules of Procedure and Evidence of the Special Court for Sierra Leone

Publication Date:
03-2006
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
These Rules of Procedure and Evidence as first amended on 7 March 2003, are applicable pursuant to Article 14 of the Statute of the Special Court for Sierra Leone, and entered into force on 12 April 2002.
Topic:
Development, Government, and International Law
Political Geography:
Africa