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1301. Post-Colonial Public Law: Are Current Legal Establishments Democratically Illegitimate?

Author:
Jean-Paul Gagnon
Publication Date:
01-2012
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
The extant literature covering indigenous peoples resident on the African continent targets colonial law as an obstacle to the recognition of indigenous rights. Whereas colonial law is argued by a wide body of literature to be archaic and in need of review, this article takes a different route and argues the perspective that colonial law is democratically illegitimate for ordering the population it presides over – specifically in Africa. It is seen, in five case studies, that post-colonial public law structures have not considered the legitimacy of colonial law and have rather modified a variety of constitutional statutes as country contexts dictated. However, the modified statutes are based on an alien theoretical legality, something laden with connotations that hark to older and backward times. It is ultimately argued that the legal structures which underpin ex-colonies in Africa need considerable revision so as to base statutes on African theoretical legality, rather than imperialistic European ones, so as to maximise the law's democratic legitimacy for both indigenous and non-indigenous Africans.
Topic:
Law
Political Geography:
Africa

1302. Electoral Conflict and Justice: The Case of Zimbabwe

Author:
Conrad Nyamutata
Publication Date:
01-2012
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
In recent years, Africa has faced a new form of conflict arising from disputed elections. Incumbents have refused to vacate office after apparently losing elections, triggering violent conflict. Regional organisations have invested considerable political energy to manage these conflicts. Post-electoral conflict accords (PECAs) resulting in power-sharing have been the favoured modus vivendi with regional mediators. However, little attention has been paid to the crucial issue of justice in the management of these disputes. Like most conflicts, electoral conflict centres on perceived injustice in the electoral process. Therefore, in order to manage these conflicts in an effective way, justice must be acknowledged in both procedural and substantive content. This article focuses on management of electoral conflict in Zimbabwe. It argues that the protracted post-electoral conflict in Zimbabwe can be explained, to a large extent, through failure to acknowledge procedural, distributive and retributive justice concerns.
Political Geography:
Africa and Zimbabwe

1303. Côte d'Ivoire : faire baisser la pression

Publication Date:
11-2012
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
En Côte d'Ivoire, la sortie de crise est menacée par une situation sécuritaire volatile et des blocages politiques. Le dernier trimestre a été marqué par une série d'attaques meurtrières qui ont visé un commissariat de police, l'un des principaux camps militaires du pays, plusieurs posi- tions de l'armée et une centrale électrique. Ces incidents ont été précédés par d'autres violences à l'Ouest. Même si ces évènements ne constituent pas une menace immé- diate pour la stabilité, ils indiquent que, pour certains, la guerre n'est pas terminée. Lenteur de la réforme du sec- teur de la sécurité, gel du dialogue politique, fragilité de la coalition au pouvoir, ret our de la violence verbale, révélation de projets de coup d'Etat, doutes sur la réalité d'une volonté de réconciliation nationale, sont autant de signes préoccupants. Le présid ent Alassane Ouattara et son nouveau gouvernement formé le 22 novembre ne doivent pas compter exclusivement sur la relance économique et le verrouillage sécuritaire pour consolider la paix. La com- munauté internationale ne do it pas détourner son regard d'un pays dont la stabilisation est d'autant plus cruciale pour l'Afrique de l'Ouest que le Mali voisin a basculé dans une crise profonde et durable.
Topic:
Security, Political Violence, Poverty, and Governance
Political Geography:
Africa

1304. Land Tenure and Economic Activities in Uganda: a Literature Review

Author:
Michael Kidoido, Rasmus Hundsbæk Pedersen, Rachel Spichiger, and Sarah Alobo
Publication Date:
11-2012
Content Type:
Working Paper
Institution:
Danish Institute for International Studies
Abstract:
Land is an important asset for people's livelihoods and for economic development in Uganda, where the majority of people live in rural areas. This working paper reviews the literature on Uganda's tenure systems and their relationship with economic activities, focusing primarily on rural agricultural land. The review illustrates that these relationships are complex and context-dependent.
Topic:
Development, Economics, Gender Issues, Poverty, and Law
Political Geography:
Uganda and Africa

1305. Sudan: Major Reform or More War

Publication Date:
11-2012
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
The “Sudan Problem” has not gone away with the South's secession. Chronic conflict, driven by concentration of power and resources in the centre, continues to plague the country. The solution is a more inclusive government that addresses at least some of the peripheries' grievances, but pledges to transform governance remain unfulfilled. A key hurdle – though not the only one – is President Bashir, who has further concentrated authority in a small circle of trusted officials and is unwilling to step aside. Many hope for regime change via coup but have not considered the dangers. The goal should be managed transition to a government that includes, but is not dominated by his National Congress Party (NCP). He might be willing to go along if he concludes greater disorder or even a coup is growing more likely, but only if the right incentives are in place. The international community should contribute to these provided a credible and inclusive transitional government, a meaningful national dialogue on a new constitution and a roadmap for permanent change in how Sudan is governed are first put firmly in train.
Topic:
Conflict Resolution, Regime Change, Insurgency, and Fragile/Failed State
Political Geography:
Africa and Sudan

1306. The Significance of the African Union to the United States Strategy Objectives

Author:
Michael A. Battle, Sr.
Publication Date:
10-2012
Content Type:
Journal Article
Institution:
Council of American Ambassadors
Abstract:
In June 14, 2012 President Obama signed a new Presidential Policy Directive (PPD) for Sub-Saharan Africa which sets forth the US Strategy Toward Sub-Saharan Africa. This new PPD is a logical follow up to the historic speech President Obama presented to the Ghanaian Parliament three years ago in which the President stated that Africa is a fundamental part of our interconnected world and called for a partnership with Africa that is “grounded in mutual responsibility and mutual respect.” President Obama, Secretary Clinton, Assistant Secretary for African Affairs Carson and the entire US diplomatic team have taken a whole of government approach in being intentional about the fact that our role is to support the African continent in strengthening democratic institutions, spurring economic growth, trade and investment, advancing peace and security, and promoting opportunity and development.
Political Geography:
Africa and United States

1307. The EU's Security Policy Towards Africa: Causes, Rationales and Dynamics

Author:
Abdurrahim Sıradağ
Publication Date:
11-2012
Content Type:
Journal Article
Journal:
Insight Turkey
Institution:
SETA Foundation for Political, Economic and Social Research
Abstract:
This article explores the causes and dynamics impacting the development of the EU's security policy on Africa. The changing global structure in Africa has influenced the EU's foreign and security policy in Africa. The new global actors, such as China, India, Brazil, and Turkey have recently consolidated their political and economic relations with both African states and organisations with an impact on the EU's approach to the continent. At the same time, the new challenges, like international terrorism and immigration, also left their mark on the EU's policy in Africa. This article argues that the EU members' economic interests have played a central role in developing the EU's security policy towards Africa. Meanwhile, the new global threats and challenges and the emergence of new actors in Africa have also had an impact on the formulation and implementation of the EU's security policy in Africa.
Topic:
Development, Economics, and Terrorism
Political Geography:
Africa, China, Europe, Turkey, India, and Brazil

1308. Hoping to Win, Expected to Lose: Theory and Lessons on Microenterprise Development

Author:
Dean Karlan, Ryan Knight, and Christopher Udry
Publication Date:
11-2012
Content Type:
Working Paper
Institution:
Center for Global Development
Abstract:
We show how financial and managerial constraints impede experimentation and thus limit learning about the profitability of investments. Imperfect information about one's own type, but willingness to experiment to learn one's type, leads to short-run negative expected returns to investments, with some outliers succeeding. We find in an experiment that entrepreneurs invest randomized grants of cash and adopt advice from randomized grants of consulting services, but both lead to lower profits on average. In the long run, they revert back to their prior scale of operations. In a meta-analysis, results from 19 other experiments find mixed support for this theory.
Topic:
Development, Economics, Markets, Foreign Aid, and Foreign Direct Investment
Political Geography:
Africa

1309. UN Peacekeeping: The Next Five Years

Author:
Richard Gowan and Megan Gleason
Publication Date:
09-2012
Content Type:
Working Paper
Institution:
Center on International Cooperation
Abstract:
This paper, commissioned by the Permanent Mission of Denmark to the United Nations, analyzes current trends in United Nations peacekeeping and makes predictions about the development of UN operations over the next five years (to 2017). It covers (i) the changing global context for UN operations and efforts to enhance the organization's performance over the last five years; (ii) trends in troop and police contributions; (iii) projections about potential demand for UN forces in various regions, especially the Middle East and Africa, in the next five years and (iv) suggestions about the types of contributions European countries such as Denmark can make to reinforce UN missions in this period.
Topic:
Conflict Resolution, Conflict Prevention, International Relations, International Cooperation, and United Nations
Political Geography:
Africa and Middle East

1310. Resources, risk and resilience: scarcity and climate change in Ethiopia

Author:
Alex Evans
Publication Date:
08-2012
Content Type:
Working Paper
Institution:
Center on International Cooperation
Abstract:
Ethiopia's resource scarcity context presents a daunting challenge, but also a significant opportunity. The country's current scarcity context includes: Low agricultural yields and farm sizes: Even if farm productivity were to increase by a factor of three, the average farm would still not produce enough food for a family of five. With 83% of Ethiopia's people directly dependent on agriculture for their livelihoods, the country has a major food security challenge; 7.5 million people depend on food safety nets. Major exposure to drought: Ethiopia has erratic rainfall, and acutely limited water storage capacity: the country has only 43m3 of reservoir storage per person, compared to 750m3 in South Africa and 6,150m3 in North America. Levels of irrigation are also low: the World Bank estimates that only 5% of irrigable land in Ethiopia is actually irrigated. Limited access to energy: Ethiopia's total primary energy supply is less than 60% of the African average, and only just over a fifth of the global average. The country depends on waste and biomass for 90 of its energy needs – leading to consequences including deforestation, and soil degradation as a result of biomass not being returned to the soil. High dependence on imported oil and food: Ethiopia currently imports all of its liquid fuels and a significant proportion of its food. This creates major exposure to global commodity price volatility, with the attendant risk of balance of payments problems, inflation and outright supply interruptions.
Topic:
Agriculture, Climate Change, Development, Economics, Poverty, Natural Resources, and Food
Political Geography:
Africa, South Africa, North America, and Ethiopia