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1. 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

2. 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

3. 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

4. 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

5. Ordinary Shareholders' Rights Protection in Botswana

Author:
Ratang Sedimo and Kelesego Mmolainyane
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
Botswana Institute for Development Policy Analysis
Abstract:
This study seeks to examine institutional frameworks that exist in Botswana to protect the rights of ordinary shareholders. There is no literature on the subject matter in the context of Botswana; hence this study attempts to fill in the literature gap. The study uses a variety of data collection methods, such as semi-structured interviews, the Choppies case study and lessons learnt from other jurisdictions. Findings reveal that ordinary shareholders’ rights protection involves the use of institutional frameworks. In Botswana, existing frameworks are not adequate to protect ordinary shareholders’ rights. Furthermore, the study shows that ordinary shareholders in Botswana are mainly exposed to risks of losing their investments, partially or entirely, in case of non-compliance to regulatory requirements as shown by the reduction in Choppies’ stock price from P1.20 to P0.40 between years 2012 and 2018. The study suggests that the existing institutional frameworks should be reviewed to ensure adequate protection of ordinary shareholders’ rights.
Topic:
Security, Economics, Human Rights, Investment, Macroeconomics, Land Rights, and Labor Rights
Political Geography:
Africa and Botswana

6. Investing in ethical education to solve Burundi’s domestic governance

Author:
Gervais Rufyikiri
Publication Date:
06-2019
Content Type:
Commentary and Analysis
Institution:
The Geneva Centre for Security Policy
Abstract:
Since the 1960s, the period of independence of Burundi, the situation of human rights has remained worrying. The UN Human Rights Office in Burundi, established in 1995, at the height of the 1993 bloody civil war, has assisted the Government in order to protect and promote the human rights, until it shut down on February 28, 2019. The assistance provided by the Office was impactful mainly through the harmonization of national legislation with international human rights standards and the creation of institutions focused on the protection and defence of human rights. The closure of the Office is one manifestation of the embarrassment in which Burundian top leaders find themselves after neutral UN experts have reported serious human rights violations committed by state institutions that may constitute crimes against humanity. The short-term solution could result from a combination of increased pressure and diplomatic actions to negotiate with the government of Burundi the reinstatement of the UN Human Rights Office. Such actions could also help to mitigate the symptoms of poor governance, particularly with regard to human rights. For the long-term, a robust mechanism addressing the root cause of ineffective or bad governance is the right way towards a lasting solution. In this regard, we suggest a smart training program specifically addressing issues of leadership ethics within all levels and categories of the leaders, sustained by coaching and mentoring activities.
Topic:
Human Rights, Governance, Ethics, and Domestic Policy
Political Geography:
Africa, United Nations, and Burundi

7. Strong Organization, Weak Ideology: Muslim Brotherhood Trajectories in Egyptian Prisons Since 2013

Author:
Abdülrahman Ayyash
Publication Date:
04-2019
Content Type:
Research Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
On 28 January 2011 – as hundreds of thousands of Egyptians demonstrated on the day dubbed the “Friday of Anger” – Muslim Brotherhood member, Sameh, was demonstrating with several thousand others in Mansoura in the Nile Delta (120 km north of Cairo). As demonstrators began to throw stones at the State Security Investigations building, Sameh stood in front of them shouting “peaceful”. He was hit in the chest by a stone meant to hit the building in one of the city's most prestigious neighbourhoods. Two years later, Sameh was arrested on an array of charges, including joining the Brotherhood and committing acts of violence against the state. A few months later, he told a friend waiting on death row that he considered the Muslim Brotherhood to be apostates and that he had pledged allegiance to the Islamic State (Daesh) and its leader Abu Bakr al-Baghdadi. Sameh's case is not unique. According to several detainees – including current prisoners spoken to over the phone – there are ongoing changes among detainees who have spent most of their lives as Muslim Brotherhood members. Egyptian prisons host tens of thousands of political detainees – perhaps more than 60,000 according to Human Rights Watch.2 Arrests have mainly targeted members of the Muslim Brotherhood and its supporters. However, with increased armed attacks against the army and police, arrests have also targeted alleged supporters of Daesh, al-Qa’ida, and Islamists affiliated with smaller organizations. The Egyptian National Council for Human Rights documented prison overcrowding at a rate of at least 160%,3 forcing the authorities to build 20 new prisons since the military coup in the summer of 2013.4 Importantly, this has led to an increased exchange of influences and ideologies among detainees from diverse backgrounds. Detainees – those held after referral to the judiciary or sentencing – are often relocated during their detention, including frequent transfers to temporary detention centres during court hearings, or when brought before the Public Prosecution or for medical treatment. This further facilitates communication with different prison populations and discussion and exchange of ideas between detainees. This paper does not dwell upon traditional classifications imposed on Islamic movements in terms of moderate and extremist trends. Nor does it go into detail regarding the mechanisms of individual radicalization, though it does encourage further study. Instead, we focus on the developmental dynamics of Muslim Brotherhood youth and sympathizers in Egypt, especially those who were arrested during the breakup of sit-ins supporting former President Mohamed Morsi. Developmental dynamics refer to the conditions and contexts which Brotherhood members and sympathizers experience in prison. These inform broader understandings of issues including state and society relations, and social mobility through jihad as opposed to social mobility through the Brotherhood. This paper also discusses the ways in which the Muslim Brotherhood manages its members inside prison, and its attempts to maintain the Brotherhood's administrative and intellectual organization. It is based primarily on information collected during 10 rare phone interviews with current prisoners. It is also based on additional phone and face-to-face interviews with former prisoners inside and outside Egypt. The interviewees come from five different cities and have been in at least seven prisons, including Tora, Wadi al-Natroun, Mansoura and Gamasa; for security and technical reasons, it was not possible to expand the research cohort. The paper is also based on reviews of articles written by detainees, press reports, opinion pieces, and research papers dealing with the complex social phenomenon of the Muslim Brotherhood from different angles.
Topic:
Human Rights, Prisons/Penal Systems, Arab Spring, Protests, and Ideology
Political Geography:
Africa, North Africa, Egypt, and Mediterranean

8. Challenging the Legal Ideology of the State: Cause Lawyering and Social Movements in Egypt

Author:
Ahmed Ezzat
Publication Date:
05-2019
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Egyptian cause lawyers have constituted a strong socio-professional group and successfully used “strategic litigation” to challenge the state’s policies and counter its conservative narratives. With President El-Sissi in power and the security grip over legal institutions and courts, doubts were raised as to whether it still makes sense to go to court against the state over matters of rights and freedoms. By reviewing several emblematic cases, the author analyzes the impact of cause lawyering on mobilization and social movements and how it contributed to reshaping the public sphere, as well as the challenges the cause lawyers’ movement faces under El-Sissi.
Topic:
Human Rights, United Nations, Social Movement, and Legal Theory
Political Geography:
Africa, North Africa, Egypt, and Mediterranean

9. China and instability in developing countries

Author:
Nicholas Crawford
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
International Institute for Strategic Studies
Abstract:
China has become the largest lender to developing countries, and a major investor there too. As a result, it has a major stake in many countries facing political and economic instability. Western policymakers involved in responding to instability and crises overseas need to understand how China navigates these situations. China’s approach is similar in some respects to that of Western states, but there are also important differences. China’s policy towards countries facing political and economic instability is driven by four main concerns: It seeks to strengthen and maintain its partnerships with those countries to ensure they remain open to and supportive of the Chinese government and its businesses. China is determined to protect its financial interests, businesses and citizens from the harms that result from instability. It is concerned to see its loans repaid, its investments secure, its workers safe and its supply chains undisrupted. It wants to maintain its narrative of non-interference. Any intervention in the politics or policies of its partner states must be seen as being at the invitation of their governments (although China may pressure its partners for consent). China wants to increase its influence in the world, independently and distinctively. It is increasingly proactive in its response to instability in partner countries. Some responses seek to address the instability directly; other responses are intended to protect Chinese interests in spite of the instability. This paper analyses the political economy of China’s responses to instability, identifies the types of responses China undertakes, and assesses these responses.
Topic:
Human Rights, International Cooperation, Developing World, Political stability, and Trade
Political Geography:
Africa, United States, China, Europe, Beijing, and Asia

10. Aspirations and Realities in Africa: Ethiopia’s Quiet Revolution

Author:
Jon Temin and Yoseph Badwaza
Publication Date:
07-2019
Content Type:
Journal Article
Journal:
Journal of Democracy
Institution:
National Endowment for Democracy
Abstract:
While enormous challenges persist, the ongoing political opening in Ethiopia offers an opportunity for the expansion of democracy and respect for human rights in a geopolitically important state, and is already having significant implications for peace and security in the Horn of Africa. Managing massive expectations, maintaining stability, and instituting a political order in which the country’s divergent political groups and ethnic communities are meaningfully represented and at peace with each other are key tests that will determine the trajectory of Prime Minister Abiy Ahmed’s bold political experiment. With robust citizen engagement and prudent international support, there is reason to believe that the challenges are surmountable.
Topic:
Human Rights, United Nations, Democracy, and Political stability
Political Geography:
Africa and Ethiopia