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131. Transitional justice and democratisation nexus: Challenges of confronting legacies of past injustices and promoting reconciliation within weak institutions in Kenya

Author:
Ibrahim Magara
Publication Date:
08-2016
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Following the post-election violence (PEV) of 2007-8, which almost jettisoned the country into civil war, Kenya put in place a number of transitional justice mechanisms, such as truth telling, as a peacebuilding strategy. One of the major recommendations of Kenya’s Truth, Justice, and Reconciliation Commission (TJRC) is the creation of institutions and mechanisms for peacebuilding, reconciliation, and early warning with a view towards harmonising their activities and adopting a coordinated approach. This article explicates the centrality of democratic institutional reforms in the process of reconciliation, peacebuilding, and long-term stability. In tackling the notion of national reconciliation as a central pillar in post-conflict recovery and peacebuilding, this paper proposes that reconciliation happens within strong and properly functioning institutions of governance that are supportive of transitional justice mechanisms. Based on the transitional justice process in Kenya and building upon a view of reconciliation as a process, rather than an end, this paper argues that strengthening institutions that function within governance structures will go a long way towards placing Kenya on the path to reconciliation, national cohesion, and long term stability.
Topic:
Democratization, Transitional Justice, Institutions, Reconciliation, and Injustice
Political Geography:
Kenya and Africa

132. Bridging Theory and Practice: A Life in the Field

Author:
Meg Murphy
Publication Date:
03-2016
Content Type:
Working Paper
Institution:
Weatherhead Center for International Affairs, Harvard University
Abstract:
During the turmoil in Uganda after the fall of repressive leader Idi Amin Dada, political scientist Robert Bates was in the field. At the time, he was widely known for his astute public policy analysis of agricultural decline in Africa. His war zone experience led to the great concern of the latter part of his career—the study of political violence. Now one of his books on the subject, When Things Fell Apart: State Failure in Late-Century Africa, is being published by the Cambridge University Press. It was selected for the Canto Classics series, which features the most influential titles over the past half-century. With the inclusion, Bates joins intellects such as literary critic C.S. Lewis, Austrian physicist Erwin Schrödinger, and British anthropologist Jack Goody. For Bates, the Eaton Professor of the Science of Government and professor of African and African American studies at Harvard and a Faculty Associate at the Weatherhead Center for International Affairs, a deep commitment to fieldwork has been paramount. On his office door there’s a picture of Bates, long white beard and Panama hat, looking, as he does, like a restless scholar ready to set out on expedition.
Topic:
Agriculture, Violence, political warfare, and Socioeconomics
Political Geography:
Kenya, Africa, Tanzania, Rwanda, and Ghana

133. Kenya: A green growth utopia?

Author:
Ries Kamphof
Publication Date:
11-2016
Content Type:
Policy Brief
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
This policy brief addresses the opportunities for and impediments to green growth and energy security in Kenya. It is part of a two-year research project on energy security and green growth in middle income countries by means of political economy analysis. Other project outputs can be found here. Kenya has taken a leading role in the region on several fronts, including its ambitions to address climate change and boost green growth while improving the country’s energy security. Efforts have been underway to realise this goal. Most vividly illustrated by the execution of large-scale geothermal, hydro and wind power projects. Yet, not all is straightforward. Constitutional reform has led to a new institutional framework which presents both opportunities and obstacles to green growth implementation. Moreover, the presence of oil and coal reserves and the ambition to exploit these threaten efforts to build a low-carbon economy. Kenya is currently at crossroads, and decisions taken today may influence its green growth potential for the decades to come.
Topic:
Development, Energy Policy, and Environment
Political Geography:
Kenya

134. Becoming Urban Humanitarians: Engaging Local Government to Protect Displaced People

Author:
Loren Landau, Caroline Wanjiku-Kihato, Jean Pierre Misago, and Benjamin Edwards
Publication Date:
09-2016
Content Type:
Research Paper
Institution:
Urban Institute
Abstract:
People displaced into urban areas due to war, persecution, or climatic crisis have claimed an increasingly prominent position in humanitarian operations and research. Through an examination of three African municipalities currently hosting displaced persons we study the cognitive, financial, and political incentives that work for and against a proactive response to displacement. We find that in cities where deprivation is widespread, effective engagement with municipal authorities demands a shift in approach. Rather than appeals to domestic or international protection principles, effective engagement with local authorities requires recognizing local authorities’ interests and incentives to develop strategies to align protection concerns with local political economic factors.
Topic:
Economics, Humanitarian Aid, Displacement, Urban, and Cities
Political Geography:
Uganda, Kenya, Africa, and South Africa

135. Infrastructure Development and Financing in Sub-Saharan Africa: Toward a framework for capacity enhancement

Publication Date:
01-2016
Content Type:
Special Report
Institution:
The African Capacity Building Foundation (ACBF)
Abstract:
Of the world’s developing regions, Sub-Saharan Africa has the worst infrastructure deficit, with studies pointing to lost growth opportunities. This study presents in one document information previously dispersed on the region’s infrastructure stock and modes of financing. It assesses infrastructure’s role in the region’s economic growth. It identifies specific capacity constraints that have hindered the private sector’s participation in infrastructure financing. And it suggests a framework for advancing institutional and human resource capacities to boost infrastructure financing. The authors first reviewed documents addressing the region’s infrastructure. They then conducted case studies of private sector involvement in infrastructure financing in Kenya, Mauritius, and South Africa. And, using the generalized method of moments (GMM), estimated an infrastructure-augmented growth model.
Topic:
Development, Political Economy, Infrastructure, Finance, Economic Policy, and Capacity
Political Geography:
Kenya, Africa, South Africa, and Mauritius

136. 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

137. Governing economies in areas of limited statehood: anthropological perspectives

Author:
Jacob Rasmussen and Kirstine Strøh Varming
Publication Date:
08-2016
Content Type:
Working Paper
Institution:
Danish Institute for International Studies (DIIS)
Abstract:
In many areas across the world, state-institutions have limited reach and capacity. But how are economies organizedd in such areas and how can we study them? These questions are at the core of the research program, GOVSEA. In a new working paper, Jacob Rasmussen and Kirstine Strøh Varming, Roskilde University, discuss ways of studying the everyday governance of economic activity, paying particular attention to contributions from economic anthropology. Common to these is the insight that usual categories - such as formal/informal, state/non-state, and rational/moral – are of little use when we try to understand how and by whom economies are governed. The authors use examples from Somali East Africa to illustrate these different approaches. The Working Paper is part of a new series from the research program GOVSEA (Governing Economic Hubs and Flows in Somali East Africa).
Topic:
Migration, Fragile States, Economy, Conflict, and Borders
Political Geography:
Kenya, Africa, Somalia, and Somaliland

138. Paving the Way for Investment in Geothermal Power Deployment in Developing Countries

Author:
Thomas Adisorn
Publication Date:
05-2016
Content Type:
Working Paper
Institution:
Institute for Development and Peace
Abstract:
Geothermal power represents a unique source of electricity, for instance due to its low-carbon and base-load character. Some developing countries have a great potential for deploying geothermal power and, thus, for providing climate-friendly electricity to their economies and people. However, in order to reap the benefits of geothermal power substantial barriers must be overcome. By having screened the relevant literature, important hurdles to geothermal power deployment were defined: financing barriers, institutional barriers and uncertainty, lack of human resources, information barriers and social opposition. Through desk research carried out for Indonesia and Kenya, both of which are frontrunners in terms of installed geothermal power capacity, this study identifies options that contribute to overcoming aforementioned barriers. Hence, it offers recommendations primarily to developing countries in order to realize geothermal power production and, thus, to contribute to climate change mitigation.
Topic:
Climate Change, Development, Energy Policy, and Renewable Energy
Political Geography:
Kenya, Africa, Indonesia, and Asia-Pacific

139. Media and Transitional Justice: A Dream of Symbiosis in a Troubled Relationship

Author:
Refik Hodzic and David Tolbert
Publication Date:
09-2016
Content Type:
Policy Brief
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
One of the least studied, yet highly significant relationships that unfolds in transitional contexts, where efforts are underway to reckon with past abuses, is the nexus between transitional justice measures and the media. Th is paper provides an overview of the main issues that often burden this relationship with mutual mistrust and at times even open conflict. The paper also provides examples of the positive social impacts of media engaging with transitional justice processes, where a degree of complementarity exists. Moreover, it makes a case for the media to constructively engage with such processes in the public interest, of which the media is a natural guardian. The power of media can be instrumentalized toward either virtuous or nefarious ends, and there are myriad examples of media being used to foment violence and dehumanize groups targeted in conflict or various forms of state repression. Media has been used to polarize or inflame underlying identity issues, deepen divides and reinforce the root causes of conflict. Such manipulation of media easily extends into transitional times and may take the form of “us-versus-them” biases that reinforce nationalist myths of victimhood and supremacy. Not all members of society may support efforts to arrive at truth and accountability for past violations, especially members of the former regime or the formerly loyal elites, and media companies owned by political parties, government factions, or powerful business interests “can seize on polarizing myths as a mode of retaining their loyal following, often subverting the possibility of bridge figures emerging.” At the same time, media can also support and promote transitional justice mechanisms by reflecting society’s new values and demands of victims. In a global online debate hosted by the International Center for Transitional Justice (ICTJ), UN Special Adviser for the Prevention of Genocide Adama Dieng asserted, “If media has the power to incite and fuel such heinous crimes as we witnessed in Rwanda and elsewhere, then it is also possible that it can be used as a force for good to promote peaceful coexistence among the population.” Drawing on academic work on the subject and the voices of journalists, transitional justice practitioners, and academics, this paper charts the ways in which the media can impact the success of transitional justice efforts and examines the myriad factors shaping journalists’ approach to reporting on these processes. It then analyzes the distinct ways that media covers or interacts with transitional justice processes during their various stages. Th is sets the stage for a brief analysis of examples of different forms of symbiosis between media and transitional justice processes, which emphasizes the positive impact of special reporting projects dedicated solely to covering these issues. Th e discussion of the complementarity between the two is followed by examples of the destructive impact of politicized and negative media coverage, which has seriously undermined the work of truth commissions or trials in certain countries, diminishing any lasting societal impact they might have. Finally, the paper draws attention to the possible benefits that emerging transitional contexts like Colombia could experience from understanding the significance of this complex relationship and addressing the need for a constructive engagement of media in the transitional justice process from the beginning.
Topic:
Media, Transitional Justice, and Accountability
Political Geography:
Kenya, Africa, Europe, Middle East, Asia, South Africa, Colombia, South America, Balkans, North Africa, Guatemala, and Democratic Republic of Congo

140. Democratisation in Africa: The role of self-enforcing constitutional rules

Author:
Sophia du Plessis, Ada Jansen, and Krige Siebrits
Publication Date:
03-2015
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Following several decades during which violent civil conflict was common in African countries, the period from 1990 onwards was marked by a spreading and deepening of adherence to democratic principles. Nonetheless, many African countries still experience political instability and civil unrest. This raises the question of why these countries have not succeeded in resolving conflict in a sustainable manner. Drawing on economic ideas about contracts and institutions, this paper outlines a conceptual framework for thinking about the role of constitutional rules in achieving political stability. It also elucidates a critical requirement for sustainable democratic systems, namely that constitutional rules must become self-sustaining to safeguard such systems and to avoid relapses into violent civil conflict. The experiences of selected African countries are presented as brief case studies that illustrate the relevance of the conceptual framework and the notion of self-enforcing constitutional rules.
Topic:
Civil War, Democratization, Constitution, and Political stability
Political Geography:
Kenya, Africa, Mozambique, Botswana, Central African Republic, and Côte d'Ivoire