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11. Access to Justice and Public Services

Author:
Marvis Zupork Dome and Daniel Armah-Attoh
Publication Date:
11-2021
Content Type:
Research Paper
Institution:
Ghana Center for Democratic Development
Abstract:
Micro, small, and Medium Enterprises (MSMEs), defined as enterprises that employ as few as one employee (micro, 1-5) to as many as 100 employees (medium, 31-100), occupy a dominant role in Ghana’s economy. They constitute 99.8% of enterprises in the economy, account for at least 70% of Ghana’s GDP, and create about 81% of the new jobs. Despite its immense contribution and potential, the MSMEs sector in Ghana faces manifold problems. Previous studies have documented challenges that stymie the growth and survival of MSMEs however, the unique or special challenges, experiences, and concerns of MSMEs, particularly, those in the “micro” and “small” subsectors, in relation to public authorities, especially the regulatory and judicial authorities of the state, have not been studied or properly documented to inform policy toward these subsectors. This study undertaken by CDD-Ghana with support from Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, sought to understand and document Micro, Small and Medium Enterprises (MSMEs) in Ghana’s challenges in accessing justice and other public services. The study sought to unearth MSMEs, particularly those owned by women, to be able to proffer appropriate policy recommendations to improve MSMEs access to justice, rule of law and service delivery. The research team adopted both qualitative and quantitative research approaches. A survey was conducted with 780 MSMEs in three regions (Greater Accra, Ashanti and Northern Regions) across three geographical zones and a total of 40 in-depth interviews with policy makers, policy support/implementing units and service providers.
Topic:
Economy, Business, Justice, and Public Service
Political Geography:
Africa and Ghana

12. Locating Peace within the Justice Agenda: The Case of the African Union Transitional Justice Policy

Publication Date:
05-2021
Content Type:
Special Report
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
This paper discusses the African Union Transitional Justice Policy as a case study that locates peace within the justice agenda in Africa, drawing from the rich, three-decade-long practice and experience of transitional justice processes on the continent to guide and inform future processes. It discusses the parameters set by the policy within which peace and justice processes can co-exist and be pursued in transitional justice through timing and sequencing. The paper also analyses the benchmarks of success for peace processes, making use of African examples and offering recommendations.
Topic:
Conflict Resolution, Peacekeeping, Transitional Justice, Peace, and Justice
Political Geography:
Africa and African Union

13. The Complementarity of Transitional Justice & SSR in Addressing and Preventing Human Rights Violations: Focus on The Gambia

Author:
Alex Frediani
Publication Date:
09-2021
Content Type:
Case Study
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This paper examines the interlinkage between SSR and transitional justice as complementary tools to provide a platform for reconciliation, reforming abusive institutions and ensuring oversight and accountability of the justice and security sector. Looking at the case of The Gambia, the paper argues that SSR should be considered as an integral component to transitional justice, under the pillar of the guarantee of non-recurrence, which require states to take all necessary measures to prevent recurrence of violations, including the necessary reforms to shape its security sector in such a way that fully enshrines respect for human rights. An integrated approach to SSR and transitional justice implies the need to “deal with the past” as a core objective of the SSR agenda while ensuring an effective coordination and communication between the two processes so that SSR is continuously fed by and mindful of the proceedings of the Truth, Reconciliation and Reparations Commission (TRRC). Furthermore, “dealing with the past” in the framework of SSR implies addressing the issue of potential vetting of security personnel allegedly involved in past abuses. In parallel, the transitional justice process constitutes an opportunity for the Government to initiate legal and judicial reforms required for effective prosecution of those allegedly responsible for serious violations of human rights committed during the past regime. While the paper argues that more could have been done to link SSR and transitional justice in The Gambia, the release of the TRRC report in the coming weeks will constitute a unique opportunity to effectively integrate transitional justice into the SSR agenda. The adoption of proper mechanism and strategies will be critical to ensure transparent and inclusive review of and dialogue around the recommendations of the TRRC as they pertain to the security sector to ensure that these recommendations are a matter of public interest and that they duly (re)shape the SSR agenda.
Topic:
Security, Human Rights, Transitional Justice, Justice, and Human Rights Violations
Political Geography:
Africa and Gambia

14. Persistent Conflict and Perceived Post-Conflict Peacebuilding in Southern Kaduna Region of Nigeria

Author:
Tunde Abioro
Publication Date:
01-2021
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The cycle of individual and communal lives from birth to death is supposedly preserved by the government through institutions. However, political, social, and economic activities are engaged to make ends meet wherein the government is to serve as an unbiased regulator. The activities that play out in Southern Kaduna reflected politics of being on one side with interplay on origin, identity, religion, and locality. On the other hand, it reflects politics of belonging that play on kin, reciprocity, and stranger status. It has thus resulted in violence, suspicion, and persistent conflict. The study examines citizen’s inclusiveness in peacebuilding initiatives and the people’s perception of the sincerity of the government. The research relies on secondary sources where governmental and non-governmental publications and documents from relevant and reliable sources enriched the socio-historical approach, particularly those relating to contestation in the region. The study found out that just like situations in the other northwest states of the country, the crisis exacerbates by the government’s inability to mediate fairly between warring parties to ensure fairness and justice as well as failure to apprehend and punish the culprits, even as recommendations from the various interventions were unimplemented. Thus, the spate of violence continues.
Topic:
Peacekeeping, Conflict, Violence, and Justice
Political Geography:
Africa and Nigeria

15. October 2020 Issue

Author:
Michael Knights, Stephen Hummel, Paul Cruickshank, Don Rassler, Tim Lister, Pete Erickson, Seth Loertscher, David C. Lane, and Paul Erickson
Publication Date:
10-2020
Content Type:
Journal Article
Journal:
CTC Sentinel
Institution:
The Combating Terrorism Center at West Point
Abstract:
In this month’s feature article, Michael Knights assesses the future of Kata’ib Hezbollah (KH) and Iran’s other proxies in Iraq. He notes that in the wake of the death of KH’s founder and leader Abu Mahdi al-Muhandis in a U.S. airstrike on January 3, 2020, “KH is still the engine room of anti-U.S. attacks in Iraq but it is less politically agile and operates in a more hostile counterterrorism environment where deniability and secrecy have become more important again.” He assesses that the “the Islamic Revolutionary Guard Corps Quds Force is also leaning on a more diversified model in Iraq, drawing on non-KH factions like Saraya al-Jihad and Saraya al-Ashura, and engaging more directly with Iraq’s minorities, including Sunni communities and the Shi`a Kurdish Faylis and Turkmen. History may be repeating itself as Iran develops new smaller and more secure Iraqi cells that are reminiscent of the formation of Kata’ib Hezbollah itself.” Our interview is with Drew Endy, Associate Chair, Bioengineering, Stanford University, who has served on the U.S. National Science Advisory Board for Biosecurity. He argues the United States urgently needs a bio strategy to take advantage of rapid advances in biotechnology, protect against the growing danger posed by its potential malevolent use, and prevent the United States from permanently falling behind as a biopower. “First, we need to demonstrate operational mastery of cells by learning to build them. Second and third, we need to build and secure the bio net. And we have to do this now, within the decade, so that we can translate these advances as infrastructure undergirding a uniquely American bio economy that projects power while advancing life, liberty, pursuit of happiness. If we do this, then we have a chance of taking infectious disease off the table. If we don’t develop and implement a coherent bio strategy, it’s game over, not to be dramatic.” In early August 2020, fighters loyal to the Islamic State captured the town and port of Mocimboa da Praia in Mozambique’s northernmost province of Cabo Delgado. They have yet to be dislodged from the town. Tim Lister examines a jihadi insurgency in Mozambique that has grown in sophistication and reach. This month marks 20 years since al-Qa`ida’s attack on the USS Cole, which killed 17 American sailors. Lieutenant Colonel Pete Erickson, Seth Loertscher, First Lieutenant David C. Lane, and Captain Paul Erickson assess the search for justice.
Topic:
Science and Technology, Insurgency, Counter-terrorism, Hezbollah, Justice, Jihad, Proxy War, and USS Cole
Political Geography:
Africa, Iraq, Iran, Middle East, and Mozambique

16. Applying Restorative Justice in Resolving the Farmers-Herdsmen Conflict in Nigeria

Author:
Emmanuel Ikechi Onah and Bamidele Emmanuel Olajide
Publication Date:
06-2020
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Farmers-herdsmen conflict has become a recurring phenomenon in Nigeria. This article argues that the continuing occurrence of this conflict can be explained by the non-application of restorative justice procedures by government when dealing with such conflict. This has made the structures of traditional conflict resolution ineffective. The article concludes that the application of restorative justice as part of conflict resolution mechanisms will more sustainably resolve the farmers-herders conflict in the country, as well as enhance national security and development.
Topic:
Climate Change, Environment, Conflict, Justice, and Farming
Political Geography:
Africa and Nigeria

17. Willing to kill: Factors contributing to mob justice in Uganda

Author:
Ronald Makanga Kakumba
Publication Date:
11-2020
Content Type:
Policy Brief
Institution:
Afrobarometer
Abstract:
Mob justice is a form of extrajudicial punishment or retribution in which a person suspected of wrongdoing is typically humiliated, beaten, and in many cases killed by vigilantes or a crowd. Mob action takes place in the absence of any form of fair trial in which the accused are given a chance to defend themselves; the mob simply takes the law into its own hands (Ng’walali & Kitinya, 2006). Mob justice is not only criminal but also amounts to a violation of human rights (Uganda Human Rights Commission, 2016). Over the past decade, Uganda has seen a significant rise in the number of cases of mob justice. According to the Uganda Police Force’s (2013-2019) annual crime reports, 746 deaths by mob action were reported and investigated in 2019, compared to 426 in 2013, a 75% increase. “Mob kills 42 in 7 weeks,” the Daily Monitor (2019) reported in March 2019, citing police figures – an average of six lynchings a week. Homicides by mob action in Uganda occur mainly in response to thefts, robberies, killings, and reports of witchcraft (Uganda Police Force, 2018). According to the 2015 Afrobarometer survey in Uganda, one in six Ugandan adults said they took part in mob justice during the preceding year or would do so if they “had the chance.” This suggests that mob justice is not just a fringe problem in Uganda but commands attention and requires collective action. Why would a substantial number of Ugandans resort to taking the law into their own hands as an alternative form of “justice”? Analysts have pointed to a number of factors that might contribute to a willingness to engage in mob justice. One is a lack of trust in the formal criminal justice system to administer fair and timely justice. A 2005 study in Uganda showed that mob actions were often motivated by widespread suspicion or misunderstanding of the justice system, especially concerning the procedure of police bail, under which suspected culprits can be temporarily released before the court process (Baker, 2005). A study in southern Nigeria also reported that a lack of trust in the police was one of the motivations for the alarming incidence of “jungle justice” (Obarisiagbon, 2018). Research has also shown that personal victimization by crime can have a lasting impact on attitudes toward the police, the courts, and the criminal justice system overall (Berthelot, McNeal, & Baldwin, 2018; Dull & Wint, 1997; Koenig, 1980; Sprott & Doob, 1997), as can negative personal experiences with the courts (Olson & Huth, 1998; Kanaabi, 2004). Amid Uganda’s surge in mob justice, Afrobarometer findings tell us that popular trust in the police and courts has been declining while citizens’ perceptions of corruption in these criminal justice institutions has been rising. Statistical analyses show that a lack of trust in the police is associated with a willingness to engage in mob justice, while perceived corruption undermines trust and thus indirectly contributes to a willingness to join others in mob actions. Further, our analysis finds that being a victim of crime (physical assault), encountering problems in the court system, finding it hard to obtain police assistance, and having to pay a bribe to police or court officials are factors that make people more likely to say they would take part in mob action against suspected criminals. Based on these findings, we offer recommendations to mitigate Uganda’s growing problem of mob justice.
Topic:
Human Rights, Courts, Police, Justice, and Bribery
Political Geography:
Uganda and Africa

18. Protection of Civilians from the Perspective of the Soldiers who Protect: Ghana and India in United Nations peacekeeping

Author:
Peter Albrecht and Podder Sukanya
Publication Date:
05-2020
Content Type:
Special Report
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
UN peacekeeping missions are deployed in increasingly violent contexts, such as Mali and South Sudan. It leaves such missions suspended somewhere between traditional peacekeeping and peace enforcement. Concurrently with this transformation, protection of civilians has become increasingly important. How do countries like Ghana and India, two of the main contributors of troops to UN missions, define, approach, and experience the task of protecting civilians? What do they consider its key components to be? And what do they think is required to protect well? This new DIIS report concludes that the individual combat experience of troop-contributing countries is a defining feature of how protection of civilians is approached in peacekeeping missions. The report suggests that it is important to understand how difference plays out across missions, and how countries that contribute troops to missions understand and respond to their roles in these missions. This understanding is required in discussions about how effective and coherent we might expect peacekeeping to be as a form of intervention. This report is based on fieldwork in India and Ghana. Data on the Ghana case has been partially collected through the project Domestic Security Implications of Peacekeeping in Ghana (D-SIP), funded by the Danish Ministry of Foreign Affairs.
Topic:
Security, Defense Policy, Democratization, Non State Actors, Fragile States, Conflict, Violence, Peace, Police, and Justice
Political Geography:
Africa, South Asia, India, and Ghana

19. 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

20. Violence, Inequality and Transformation: Apartheid Survivors on South Africa's Ongoing Transition

Author:
Jasmina Brankovic, Brian Mphahlele, Sindiswa Nunu, Agnes Ngxukuma, Nompumelelo Njana, and Yanelisa Sishuba
Publication Date:
02-2020
Content Type:
Book
Institution:
Centre for the Study of Violence and Reconciliation (CSVR)
Abstract:
Despite its lauded political transition in 1994, South Africa continues to have among the highest levels of violence and inequality in the world. Organised survivors of apartheid violations have long maintained that we cannot adequately address violence in the country, let alone achieve full democracy, without addressing inequality. This book is built around extensive quotes from members of Khulumani Support Group, the apartheid survivors' social movement, and young people growing up in Khulumani families. It shows how these survivors, who bridge the past and the present through their activism, understand and respond to socioeconomic drivers of violence. Pointing to the continuities between apartheid oppression and post-apartheid marginalisation in everyday life, the narratives detail ways in which the democratic dispensation has strengthened barriers to social transformation and helped enable violence. They also present strategies for effecting change through collaboration, dialogue and mutual training and through partnerships with diverse stakeholders that build on local-level knowledge and community-based initiatives. The lens of violence offers new and manageable ways to think about reducing inequality, while the lens of inequality shows that violence is a complex web of causes, pathways and effects that requires a big-picture approach to unravel. The survivors' narratives suggest innovative strategies for promoting a just transition through people-driven transformation that go well beyond the constraints of South Africa's transitional justice practice to date. A result of participatory research conducted in collaboration with and by Khulumani members, this open-access book will be of interest to activists, students, researchers and and policy makers working on issues of transitional justice, inequality and violence.
Topic:
Conflict Resolution, Political Violence, Apartheid, Peacekeeping, Transitional Justice, Peace, Justice, Community, and Marginalization
Political Geography:
Africa and South Africa