Documente Academic
Documente Profesional
Documente Cultură
Abstract
The ideas of Cheik Anta Diop in the early independence period about key
drivers of developmental integration of the African continent remain both
unexplored in the literature on integration and have not been used by
policy makers concerned with accelerating continental integration. This,
the chapter suggests, is to do with the general neglect of Afrocentric works
in African studies and African policy circles, especially those works that
sought epistemic disobedience from Eurocentrism such Diops. As the
African Union Commission begins the process of stimulate continent-wide
conversations about the next golden jubilee of independent Africa the
Africa in 2063 initiative, this chapter suggests that some of the most
profound ideas for consideration in this were made as early as fifty years
ago. This chapter is, however, not a discussion of all Diopan proposals
regarding African integration, but only the proposal regarding the structure
of the continental state and a policy recommendation on an African energy
doctrine.
Siphamandla Zondi is the director of the Institute for Global Dialogue and an honorary professor of
politics at University of South Africa. He teaches African renaissance and African Political Economy at
the Thabo Mbeki African Leadership Institute at UNISA.
and land. It will then move to de-culturalisation as the tactic of pacification and control.
Also, it will engage the notion of mis-education which is the epistemological tactics of
distorting, trivialising and criminalising the African subject as the other the deviant
from the norm who needs to be saved from savagery by means of civilisation. The
paper will affirm a thesis that Chinweizu is a decolonial thinker and this will be pointed
out by teasing out contours of de-colonial turn in his critique.
advancement will not be possible in Africa outside an understanding of, and navigation
away from Coloniality as a haunting global structure that is incarnated in current
understandings and narratives of Africas economic and political condition.
William Mpofu is a post-graduate student of Political Communication at the University
Of South Africa (Archie Mafeje Institute.)
0718022947
Endemic corruption in Africa and the failure since independence to seriously control it
poses one of the greatest threats to peace and security on the continent and casts
doubts about the prospects for economic recovery and development. The fight against
corruption is not simply about occasional campaigns designed to catch a few crooks
and people who are corrupt; it is about laying down a robust and sustainable legal
framework that will improve overall governance, accountability and transparency. The
main contention in this paper is that only a constitutionally entrenched framework of
measures and institutions, protected by certain entrenched principles can provide a
solid basis on which an effective and sustainable fight against Africas troubling endemic
corruption can be brought under control. The paper will briefly consider the nature and
consequences of corruption in Africa. It will also review past anti-corruption strategies
and why they failed. It will however focus on the rationale for and scope for a
constitutionally entrenched anti-corruption framework and the relevant constitutional
principles and institutions needed to operationalize it. Such an approach is designed to
make corruption a high risk and unprofitable activity for everybody regardless of his or
her status in society.
Over the past two decades, governance has become one of the mostly used term in the
development arena.
shown that most of the countries that are the worst in governance are also performing
poorly in development. With such knowledge, one would think that the solution to
development has been solved since by concentrating on governance, it would be easy
to attain good development.
African countries making the question of what is really good governance another major
debate.
Western countries and International Financial Institutions have used different initiatives
to improve governance in Africa to help countries move out of poverty. Unfortunately,
little change has taken place in most of the countries targeted, and some of them still
appear almost at the bottom of the list. A lot of researchers, development experts,
academicians have been working tirelessly to find the solution. Numerous possibilities
come in ranging from the definition of good governance being misunderstood by the
African countries, to mere coincidence that countries that have excelled in development
in Africa like Botswana, Cape Verde, Namibia seem to also do well in good
governance. While this paper analyses some of the challenges of governance in Africa,
it concentrates on how the positive relationship between governance and development
seem to work in some countries but fail to work in others. Using that knowledge some
suggestions are made for the benefit of countries that are not performing well
economically.
community, especially those dealing with Aid, how they can best utilize the situation
hence minimize the mistakes they have been going through
One of the innovative instruments the African Union has developed the past decade is
the NEPAD. As the term suggests, NEPAD is a new instrument which is aimed
principally at addressing the endemic poverty haunting Africans, radically improve on
governance and fighting Africas marginalisation in international fora.
In order to carry out this tall order, NEPAD has creatively established the APRM. The
APRM is voluntary self-assessment mechanism aimed at allowing acceding states to
conduct assessment of their own records and identify challenges they may face and
indicate best practices for experience sharing with other members. However, there are
both institutional and political problems which threaten to undermine this excellent
concept. While the legal issue of status seem to have been resolved with the AUs
decision to integrate both the NEPAD and APRM into AU processes, there is a cold war
between national focal points and the APRM Panel over territorial control which has
extended to the Secretariat. Focal points are reluctant to concede to the independence
of the independence or even autonomy of the Panel apparently because they hold the
purse and therefore would like to call the tune.
The second problem is even more challenging than mere power contests. The end
product of the APRM is the Programme of Action. Having identified the challenges and
suggestions for the way forward, APRM is expected to draw the Programme of Action
but the problem is none of the APRM instruments indicate the place of this programme
in local terrain. There is no space in most countries for the incorporation of the APRM
Programme of Action over and above their political party manifestos and national
development plans which are purely local processes. Yet, without a special place for the
programme, nothing much would be expected from it.
There are many problems that haunt APRM including lack of explicit involvement of
local people in APRM. Self-Assessment processes which aim to involve most
stakeholders including non-governmental organisations are usually interfered with by
states sensitive to too much criticisms by some busy bodies so that only pliable ones
get invited. South Africa is an exception to this but even here, the ordinary woman and
man on the streets for whom APRM is meant remain largely unaware of the concept let
alone his or her role. This paper is an explicit review of APRM including its weaknesses
and strengths and how the former could be addressed in order to advance the concept
forward.
Gezani Baloyi
The role of Unisa in addressing human rights to rural communities in South Africa
Prof Mammo Muchie
The Epistemic virtue of adding the innovation and Development system approach to
redesign a self reliant and integrated African structural transformation
Culture based gender violence and African development: the role of traditional
leaders in its eradication
Dr Serges Djoyou Kamga
Gender based violence in Africa is usually culture related. In fact, in some African
countries, traditional customary law is informed by culture and traditions which usually
view violence against women as normal. This normalcy becomes part and parcel of
communities and national behavior, is accepted and crosses the boundaries of
traditional set up and finally finds a comfortable place in the national legal system in
general. From a human right perspective, this paper seeks solutions to tackle gender
based violence, starting from its traditional and customary sources. In achieving its
objective, the paper will address the following question: How to ensure gender equality
through established traditional institutions? In answering this fundamental question, the
paper explores Africans commitment to womens rights. In details, it first looks at the
legal foundation for the eradication of gender based violence. Secondly, it investigates
women rights abuses in various parts of Africa as they relate to cultural practices.
Thirdly and more importantly, the paper discusses the sacred traditional institutions
upon which women rights abuses find their legitimacy and argues that traditional
leaders have a fundamental role to play in ensuring womens dignity on the continent.
The paper demonstrates how traditional leaders can in practice become the most
important machines to change the status of women; change which may be considered a
sacrilege if coming from outside traditional institutions.
New law and development in Africa: paving the way for regional integration
through harmonisation of laws
Regis Y. Simo
PhD Candidate in International Law and Economics at Universit Commerciale L. Bocconi (Milan). The author
holds a LL.M (Fribourg), MSc. in Comparative Law, Economics and Finance (International University College of
Turin), MLaw (Yaound II), LL.B Hons (Buea). Early draft of this paper was presented at the 2013 IGLRC at
Kings College London. The Fondazione CARIPLO Mobility Grant to attend that conference is hereby
acknowledged.
i
Once considered a failed continent, Africa is increasingly widely recognised as the worlds fastest-growing
continent with an unprecedented flourishing economy since the independence of many of its countries. With this
new booming economy comes a renewed interest of global investors. See August, O. 2 March 2013. The worlds
fastest-growing
continent:
aspiring
Africa.
The
Economist,
available
at
<http://www.economist.com/news/leaders/21572773-pride-africas-achievements-should-be-coupled-determinationmake-even-faster>, accessed 25 March 2013.
i
These standards of protection, beyond the minimum standards provided by customary international law,
are generally written down in (bilateral) investment agreements and they govern the conditions under
which investment flows from one country to another should be regulated, with many obligations
incumbent upon the Host State. The latter often not only guarantees physical protection and security of
investments, but also ensures that the laws remain unchanged or do not otherwise adversely affect
investors rights. Plus, the Host States also provide for remedies usually in the form of compensation
upon expropriation. For an account of the principles governing international law of foreign investment,
see in particular Dolzer, R. & Schreuer, C. 2013. Principles of international investment law. 2nd edition.
Oxford: Oxford University Press.
While the above impact scenarios are related to several aspects of human rights, it is
only recently that the link between human rights and climate change is recognised
through the reluctant adoption of Resolution 7/23 by the United Nations Human Rights
Council in 2008. A great challenge in the debate is the extraterritorial nature of the
cause and impact of climate change which as was argued makes it less amenable to
human rights application.
change on its populations, Africa should take the lead in the application of climate
change as a human rights challenge.
This paper argues that considering its potential to affect and be affected by human
rights, climate change is a human rights challenge. It then explores the normative and
remedial bases which support the extraterritorial obligations toward addressing climate
change as a human rights challenge by Africa.
Institutional Affiliation: Centre for Human Rights
Education under the African Human Rights System: A catalyst for the desired
Africa of tomorrow?
By
Michello Hansungule and Onuora-Oguno Azubike
The paper investigates the concept of education as a human right under the African
human rights system and whether the realization of the right to education is capable of
being a catalyst for the desired Africa in terms of development, good governance and
rule of law. While some argue that education is part of the advent of the colonial
masters we argue in this paper that Africa had its own concept of education which was
gradually leading it to its development. It is further canvassed that for good governance,
rule of law and development to be entrenched in Africa, there is need to rediscover the
African conceptualization of education elevating it to its position as a right for every
individual and not a privilege.
Prof. Michelo Hansungule, Academic Co-ordinator, LLM ((Multidisciplinary Human Rights) and MPhil
(Multidisciplinary Human Rights) Centre for Human Rights, University of Pretoria, michelo.hansungule@up.ac.za
Onuora-Oguno Azubike holds a LLM from the University of Pretoria South Africa where he is currently an LLD
candidate under the supervision of Prof. Hansungule. Azubike.onuoraoguno@gmail.com.
Africa has made great strides towards consolidation of democracy since the end of the
Cold War in 1989. The era of authoritarian Big Man politics and tin pot dictatorships
seems to be over. It is now common practice for periodic elections to be held in Africa
although to varying degrees of credibility. It is anathema for one to access to power by
the barrel of the gun and end up being Africas spokesman at the international stage as
was the case previously. The African Union (AU) through its Constitutive Act outlaws
any undemocratic means of ascending to power. This is meant to secure the continents
democracy as a prerequisite to economic, social and political development. However,
political trends in some African countries indicate that old habits die hard. Coups still
occur although sporadically and when they do, AU is swift in cracking the whip. In other
African countries, democracy is simply equated to dubious elections. The Big Man
syndrome is fighting back through arbitrary amendments to constitutions to remove term
limits and intolerance against opposition organisation. The searching question to pose
is: Why the recrudescence of these old political habits?
institutions, such as the judiciary and electoral bodies will ensure that democracy
continues to find traction on the continent. The caution is that Africas economic success
could be its Achilles heel unless its benefits trickle down to the populace.
Amos Saurombe
African resources and markets: The mortar for BRICS
Dr Patience Kabamba
Human Economy in Africa
Victoria Qhobosheane
The Impact of EPAs on African Development
At the locus of the matrix of continental integration lies the African Union Commission
(AUC). The reference to the Commission as the "engine room" stems from the critical
roles it is expected to play in deepening continental integration efforts. According to
Article 3(2) of the Statute of the Commission, the AUC is broadly tasked with two
essential integrative functions: initiation of policy measures and the implementation of
measures taken by other organs of the AU. While the Commission has relatively done
well in terms of initiating policies, the main problem lies in the weakness of its
implementation mechanism. This limitation stems from the context of its operational
environment. These include the lack of political will by African leaders to empower the
Commission, the lack of legal instrument(s) and policies that clearly define the modus
operandi of implementation, and limited financial and human resources to exercise
some of its critical functions. This situation thus highlights the question on how best to
ensure that the Commission can effectively carry out its integrative functions. This
article argues for a rethink of the operational context of the Commission. In this respect,
some practical measures for addressing the obstacles to the proper functioning of the
Commission are proposed. These include politico-legal measures that redefine the
visibility and the context of the relationship between the AUC and other organs of the
AU, and also with member states, especially as it relates to the inclusive nature of policy
formulation and implementation.
________________________
Can Africas human development index be engineered to a level greater than 0,8?
Mr WP Nel
Dejo Olowu
Research Professor of Law, North-West University (Mafikeng Campus),
Private Bag X2046, Mmabatho 2735, South Africa; Email: djolowu1@yahoo.co.uk
Phone: +27-83-207-5238; Fax: +27-86-660-2669
**********************************
Sub-Theme: Good Governance
ABSTRACT
This paper proceeds from the understanding that a convergence of events and
developments in the second decade of the new millennium make revisiting the
questions around aid effectiveness quite critical for understanding current human
development challenges in Africa. Against the backdrop of the manifold global crises
particularly relating to livelihood, climate change, and indeed sustenance for millions of
human beings, it becomes even more important that these questions be brought to the
fore as they reflect on Africas pronounced systemic and structural human development
problems. The timing of this paper is actually auspicious considering that 2012 marked
a decade since the Monterrey Consensus and the adoption of its resultant Declaration.
Flowing from this original multilateral endeavour at crystallising a paradigm shift among
role actors on the need for new approaches to foreign aid and development planning as
well as the concerted efforts at standardising development assistance practices over the
past decade, critical questions emerge: (i) Beyond merely pronouncing new pathways of
responses for dealing with the critical issues around aid, has the new understanding
impacted Africa in any different way? (ii) Could there be more than mere political
explanation for the intrigues and divergence surrounding the ever-evolving principles on
new aid architecture as propounded by various multilateral actors? (iii) In light of the
noticeable contradictions in the approaches of donors and recipient governments to new
aid architecture, what implications do these distinctions portend for aid effectiveness in
Africa such that will promote human development in real terms? (iv) If development aid
is particularly key for the very survival of poor people in Africa, should there not be the
identification of more radical strategic designs within and outside African Union
structures that will counter-balance the shortfalls of the dominant approach to foreign
aid and development planning? Extrapolating from the normative initiatives and
developments on the subject as well as learned experiences across world regions, this
paper attempts to respond to this plethora of questions, proffering cutting-edge
responses that could transform the landscape of aid architecture and development
agenda for Africa and Africans.
ABSTRACT
Infrastructure development is arguably the most important factor for economic
development of any nation. Infrastructural facilities are the wheels which drive a nations
economy. They provide the enabling environment for sustained and sustainable
economic growth and helps in eradicating poverty. Africa faces huge infrastructure
deficits and challenges. Generally speaking, the state of infrastructure development in
Africa does not meet the requirements for economic development. A World Bank report
stated that for Africa to fill the infrastructure gaps, an annual expenditure of $93 Billion
would be required within the next ten years.i It is therefore apparent that governments
alone, even at the best of times lack the capacity to provide for the infrastructure
requirements of Africa. This clearly underscores the need for the participation of the
private sector through Public Private Partnership which has been recognized as a global
panacea for infrastructure deficits particularly in developing economies. It is therefore
argued in this paper that PPP has the vast potentials to supplement Africas critical
infrastructure gaps, where about 587 million people lack access to electricity, i almost
300 million have no access to safe and clean wateri and about 93% of the population
has no access to internet facilities.i Public-Private Partnerships will ultimately boost the
socio-economic growth and development in the continent and help it to achieve the
Millennium Development Goals.
* Lecturer, Department of Business Law, Faculty of Law, University of Ilorin, Nigeria. LL.M, BL, LL.B. Currently, Ph. D candidate,
Faculty of Law, University of Malaya, 50603, Kuala Lumpur, Malaysia.
** Lecturer, Faculty of Law, University of Malaya, 50603 Kuala Lumpur, Malaysia. LLB, LLM, Ph.D. Key research area,
Administrative Law.
i
Transforming Africas Infrastructure. Retrieved from
http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/AFRICAEXT/0,,contentMDK:22386904~pagePK:146736~piPK:146830
~theSitePK:258644,00.html
i
See http://www.worldenergyoutlook.org/resources/energydevelopment/accesstoelectricity/
http://www.unicef.org/wash/index_statistics.html
See http://www.internetworldstats.com/stats1.htm
ACP countries and African countries in particular have been negotiating a set of free
trade agreements impacting differently in their economies.
In 2000 the European Union introduced a system of Economic Partnership Agreements
as a new framework to focus official development assistance and mainly trade relations
with the African Caribbean and Pacific (ACP) countries. The EPAs will replace the
Lome Conventions which characterised trade and development cooperation between
the EU and developing countries between 1975 -2000. Under the Conotou Agreement,
which governs the EPAs, negotiated agreements with the EU will be reciprocal ending
the preferential trade agreements regimes enjoyed by ACP countries under the Lome
Conventions. The principle of reciprocity requires that ACP countries reduce tariffs to
80% of the EU imports while the EU will reciprocate through 90% reduction to the ACP
goods.
The paper assesses the extent to which the proposed framework of EPAS within the
context of reciprocity will impact on trade facilitation, economic development and growth
in developing countries in general and particularly in the Sub-Sahara region. In
particular the analysis focuses on the following areas: The performance of the ACP
countries under non- reciprocal trade arrangements, and whether these did translate
into trade gains to these countries, the effects of market liberalisation on the general
economy, industry , welfare and the revenues
impact on
the potential
opportunities available in intra- Africa regional trade and the emerging economies .
The main conclusion that can be drawn from this analysis is that the EPAs through full
reciprocity will be costly for Africa irrespective of how the issue is looked at either
though loss of the revenue or loss of industry.
However, the region has the potential to develop an industrial base with the focus on
deep regional integration with a view to enhancing intra-regional trade. The role
The role of sensitive sectors is very important for EPAs to benefit Africa in particular
the region should use product exclusions to strategically position themselves according
to their different comparative advantages in a manner that will allow for industrialisation
and encourage agricultural expansion considering that agriculture caters for the rural
population which is about 90% of the Africas population
The EU protection measures and related policies including the sanitary and
phytosanitary requirements will lead to negative trade gains for Africa. It is in the
scenario where there is full access to the EU market that even with reciprocity that
Africa can benefit from the EPAs.
.
SESSION E
Seth Opuni Asiama & Eric Yeboah
Land and economic development in Africa
Khali Mofuoa
Finding solutions to Africas pro-poor growth for development: the case of Lesotho
Over that past decade, Africa has experienced unprecedented demand for large scale
agricultural land. It accounts for more than half of the volume of land and close to twothirds of the total deals globally. Yet, there is dearth of empirical evidence on demand
for arable land in Africa. This paper provides some econometric analysis of the key
determinants of large scale land acquisition in Africa. Evidences from bivariate and
multi-variate analyses show that both economic and institutional factors play some
critical role in explaining demand for arable land in Africa. Key determinants include
dominance of yield gap, low per capita income, abundance of inland water resources,
low property rights and prevalence of corruption. To make the recent surge in land
demand beneficial in terms of agricultural transformation, improved livelihoods for the
rural people and reduce poverty, it is important to ensure both economic and
institutional determinants create positive incentives to the local economy and the poor.
This includes making fertilizer available, increasing local farmers access to agricultural
infrastructures (e.g. irrigation, tractors and storage facilities), investing in land
registration and certification and improving land governance and procedures.