‘Year of justice for Africans and people of African descent through reparations’: Can Mauritius lead by example or remain a spectator?
Posted: 26 March, 2025 Filed under: Lakshita Kanhiya, Michael Gyan Nyarko | Tags: 37th Ordinary Assembly, administration of justice, African Committee of Experts on the Rights and Welfare of the Child, African Court on Human and Peoples’ Rights, African Court Protocol, African Union, Anil Kumarsingh Gayan, beacon of democracy, colonial heritage, economic stability, historic declaration, human rights, Mauritian legal system, Mauritius, quest for justice, reparations, Year of Justice for Africans and People of African Descent Through Reparations 1 Comment |
Author: Lakshita Kanhiya Legal Associate, Initiative for Strategic Litigation (ISLA) in Africa |
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Author: Michael Gyan Nyarko Deputy Executive Director, Institute for Human Rights and Development in Africa (IHRDA) |
The Heads of States and Governments of the African Union (AU) have declared 2025 the ‘Year of Justice for Africans and People of African Descent Through Reparations’. This historic declaration, made during the 37th Ordinary Assembly held in Addis Ababa in February 2024, resonates deeply within the broader quest for justice, human rights, and the long-overdue reckoning with colonial legacies across the continent. As the continent prepares to collectively reflect on justice and reparations, it becomes imperative to critically assess the structures and systems that hinder the realisation of justice for African people. One such structural barrier lies in the reluctance of several African states, including Mauritius, to fully embrace the jurisdiction of the African Court on Human and Peoples’ Rights (African Court) through direct access for individuals and NGOs under article 34(6) of the Protocol establishing the African Court (African Court Protocol /Protocol).
Lesotho: Shaping a New Path Through Transitional Justice
Posted: 9 January, 2025 Filed under: Mary Izobo | Tags: accountability, African Union, African Union Transitional Justice Policy, capacity-building workshop, Centre for the Study of Violence and Reconciliation, contested elections, CSVR, cultural heritage, fragile governance, governance challenges, healing, holistic policy framework, justice, Kingdom in the Sky, mental health, military coups, political crises, political instability, psychosocial support, reconciliation, stability, under-resourced Leave a comment
Author: Mary Izobo
Advocacy Manager, Centre for the Study of Violence and Reconciliation
Introduction
Lesotho, a small mountainous nation nestled in the heart of Southern Africa, stands at a pivotal moment as it charts its path toward stability and justice. Often described as the “Kingdom in the Sky” because of its breathtaking highland terrain, Lesotho’s journey is defined by its rich cultural heritage and the challenges of political instability.
Some reflections on the harmonisation of business law in Francophone Africa and constitutionalism
Posted: 3 February, 2021 Filed under: Balingene Kahombo, Trésor Makunya | Tags: African Union, Benin, Burkina Faso, business law, colonialism, constitutionalism, Democratic Republic of Congo (DRC), economic interests, economy, finance, France, Francophone Africa, Free enterprise, French, Gabon, legal harmonisation, liberal approach, neo-colonialism, OAU, OHADA, private initiative, RECs, regional integration 1 Comment |
Author: Balingene Kahombo Professor of Public Law and African International Relations, Faculty of Law, University of Goma (Democratic Republic of Congo) |
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Author: Trésor M. Makunya Doctoral Candidate & Academic Associate, Centre for Human Rights, Faculty of Law, University of Pretoria (South Africa) |
Context
The Organisation for the Harmonisation of Business Law in Africa (OHADA) is a supranational organisation established by the Treaty of Port-Louis of 17 October 1993 to standardise business legislation and regulation in Africa. It was believed that the creation of OHADA will attract foreign investors because its norms increase legal and judicial security and certainty. The imperfection, disparity and inaccessibility of existing business-related legal rules and judicial institutions were identified as major problems to address. The OHADA sought to combat the ‘backwardness’ of African business law by adopting legislation regulating different aspects of business, such as company law, simplified recovery procedures and enforcement measures, and labour law. These laws are known as uniform acts.
Critical analysis of Pan-African Parliament’s resolution on peace and security in Africa
Posted: 10 October, 2020 Filed under: Masalu Masanja | Tags: Africa, African Court, African People, African Union, Article 17, AU Constitutive Act, CEWM, conflict, Continental Early Warning Mechanism, economic integration, lack of expertise, Pan African Parliament, Pan-African Parliament, PAP, peace and security, Peace and Security Council, PSC, stumbling blocks, violence, war 2 Comments
Author: Masalu Masanja
LLM (HRDA) student, Centre for Human Rights, University of Pretoria
Introduction
The Pan-African Parliament (PAP) is among the nine organs of the African Union (AU) established with the aim of ensuring the full participation of African people in the development and economic integration of Africa. This purpose is anchored under Article 17 of the of the AU Constitutive Act. One of the objectives of PAP is the promotion of peace and security on the continent. In terms of its mandate, PAP is limited to consultative and advisory power within the AU. Its full-fledged legislative power is provided for under the Protocol to the Constitutive Act of the African Union on the Establishment of the Pan-African Parliament (Malabo Protocol), which is yet to come into force. This opinion piece seeks to examine critically the resolution on peace and security with a specific focus on the Continental Early Warning Mechanism (CEWM).
War and violence in Africa are among the stumbling blocks to economic development and integration in Africa. Consequently, the PAP passed a resolution on the promotion of peace and security in Africa at its Second Session of the Fourth Parliament held from 5 to 17 October 2015. This opinion piece specifically focuses on PAP’s recommendation on the need of reinforcing CEWM in conflict prevention in Africa and the establishment of an African centre for conflict and arbitration focusing on providing training and capacity building on alternative dispute resolution mechanisms in the five sub-regions of Africa, under the oversight of African Court on Human and Peoples’ Rights.
The AU’s initiative on silencing the guns and human rights: the missing link
Posted: 2 April, 2020 Filed under: Ayalew Getachew Assefa | Tags: African Union, AU, AU Constitutive Act, AU Master Roadmap, AUMR, conflict, conflict-free Africa, human rights, human rights violations, peace, peace and security, Peace and Security Council, PSC, silencing the guns, Solemn Declaration Leave a comment
Author: Ayalew Getachew Assefa
African Committee of Experts on the Rights and Welfare of the Child
The African Union (AU) has designated its theme for the year 2020 to be on ‘Silencing the Guns: Creating Conducive Conditions for Africa’s Development’. The theme is informed by prior initiative that the Union has established mainly during the occasion of the OAU/AU 50th anniversary, where the Heads of State and Government adopted a Solemn Declaration, in which they expressed their determination to achieve the goal of a conflict-free Africa by ridding, among other things, human rights violations from the continent. Following the commitment expressed through the Solemn Declaration, the Peace and Security Council (PSC), in 2016, developed an AU Master Roadmap of Practical Steps to Silence the Guns in Africa by Year 2020 (AUMR), which eventually was endorsed by the Assembly of Heads of States and Governments (Assembly) in 2017.
African Commission’s Revised Declaration of Principles on Freedom of Expression and Access to Information in Africa should be a call to action
Posted: 21 February, 2020 Filed under: Dunia Mekonnen Tegegn | Tags: Access to Information, ACHPR, African Commission, African Commission on Human and Peoples’ Rights, African Union, Cyber Security, Declaration, Declaration of Principles on Freedom of Expression in Africa, election violence, free speech, freedom of expression, online media, Personal Data Protection, social media surveillance, Special Rapporteur, Special Rapporteur on Freedom of Expression and Access to Information in Africa, United Nations Leave a comment
Author: Dunia Mekonnen
Almami Cyllah Fellow, Amnesty International, USA
The African Commission on Human and Peoples’ Rights (ACHPR) revised its Declaration of Principles on Freedom of Expression in Africa to address new technological advances, online activity, and internet restrictions throughout Africa, after deliberating on the draft beginning from April 2018. The Special Rapporteur collected comments from civil society, States parties, and others on the new draft Declaration of Principles on Freedom of Expression and Access to Information in Africa. The Declaration, is based on a series of resolutions adopted by the African Commission in 2012 and 2016.
Bringing the African human rights system into classrooms: Some lessons drawn from a lecture delivered at the Université Libre des Pays des Grands Lacs (DR Congo)
Posted: 4 February, 2019 Filed under: Kihangi Bindu Kennedy, Trésor Makunya | Tags: African Commission on Human and Peoples’ Rights, African human rights system', African Union, African Unity, AU, CNDP, continental mechanisms, Democratic Republic of Congo, institutional frameworks, MONUC, MONUSCO, UN Leave a comment
Author: Dr Kihangi Bindu Kennedy
Professor of international law at the Université Libre des Pays des Grands Lacs
Author: Trésor Makunya
Doctoral candidate & Academic Associate, Centre for Human Rights, University of Pretoria
Ever since the establishment of the Organisation of African Unity (1963), and later, the African Union (2002), their efforts to maintain peace and stability, uphold the constitutional order and ensure the respect and the promotion of fundamental rights and freedoms in the Democratic Republic of Congo (DRC)[1] have yielded unsatisfactory outcomes. Although major reasons for such a debacle have been underscored or echoed by prominent scholarship,[2] bringing these debates into law classrooms when training ‘society-conscious lawyers’ is one of the ways to contribute to the ongoing debate over the relevance of the African Union (AU) to Africans.[3] In this article, we highlights some lessons learnt from the discussions that followed a lecture we delivered at the Université Libre des Pays des Grands Lacs (ULPGL-Goma) on Wednesday 16 January 2019 to undergraduate law students. The lecture provided theoretical knowledge, analytical and practical skills on the AU and its human rights system which tend to be overlooked, the focus usually placed on the United Nations (UN) and the European human rights systems.
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Why we need both words and actions to help Africa’s children
Posted: 23 May, 2018 Filed under: Assefa Bequele | Tags: access to justice, African Governments, African Union, Call to Action, children, children suffering, children's rights, civil society organisations, Continental Conference on Access to Justice for Children, informal justice system, NGOs, prison, UN agencies, UN Global Study Leave a comment
Author: Dr Assefa Bequele
Executive Director, Africa Child Policy Forum (ACPF)
We’re often told that actions speak louder than words, and it’s true we won’t change lives by simply talking about the problems. But I also think that you can’t make a real impact unless you’ve thoroughly debated and agreed what needs to be done. Words first, then actions.
I was reminded of this at the Continental Conference on Access to Justice for Children, held recently in the Ethiopian capital Addis Ababa. More than two hundred child rights experts, politicians, lawyers and civil society activists came together to try and find a way forward for the thousands of children across Africa who are denied access to justice. It’s easy for the cynics to dismiss such conferences as talking shops – fine words and discussions, but little in the way of concrete action. And if we had simply presented and debated the issues, there could have been some truth in that
South Africa’s intention to withdraw from the Rome Statute of the International Criminal Court: Time to seriously consider an African alternative?
Posted: 28 October, 2016 Filed under: Owiso Owiso | Tags: Africa, African Charter, African Charter of Human and Peoples’ Rights, African Court of Justice and Human Rights, African Union, AU, Election and Governance, frican Charter on Democracy, human rights, ICC, impunity, International Criminal Court, International Criminal law, justice, Kenya, Malabo Protocol, Omar Al-Bashir, Rome Statute, South Africa, Sudan, Uhuru Kenyatta, United Nations, United Nations Security Council, William Ruto 1 Comment
Author: Owiso Owiso
LLB – Nairobi, PGD Law – KSL
While the decision by South Africa to commence the formal process of withdrawing from the Rome Statute of the International Criminal Court is shocking, honest observers will admit it was not entirely unforeseen. African countries through the African Union (AU) have long voiced misgivings about the International Criminal Court (ICC) and it was just a matter of time before the usually slow-moving AU clock started ticking. The AU had earlier this year urged its members to consider withdrawing from the Rome Statute.[1] This was triggered by the refusal by the United Nations Security Council and the ICC to accede to the AU’s requests for suspension or termination of the cases against Sudan’s president Omar al-Bashir and his Kenyan counterpart Uhuru Kenyatta and his deputy William Ruto.
While South Africa’s decision should be condemned, nothing much is likely to come of such condemnation. Treaties are a product of state consent[2] and it follows that withdrawal is equally a unilateral act of the state.[3] Even if an argument could be advanced against such unilateralism, the process is still a political one which rests almost entirely with the political class, at least in imperfect democracies. South Africa’s move is likely to embolden other African countries to commence similar processes. South Africa is Africa’s biggest economy and the AU’s largest member contributor. It is also arguably one of Africa’s better-off imperfect democracies. For these reasons, it is often the case in continental affairs that other African countries hold on to their cards until South Africa plays after which they emerge from their cocoons and play theirs in more or less similar fashion. With the possible exception of ‘righteous’ Botswana and perhaps Mauritius that considers itself African only when the situation suits it, the possibility that other African countries will follow South Africa’s lead on the ICC cannot be ruled out. In light of such possibility, how then does Africa assure its citizens that the fight against impunity as is entrenched in its founding instrument[4] is still top of its agenda, if at all it ever was?
Rethinking the North-South divide in international criminal justice: Reflections from an African viewpoint
Posted: 25 October, 2016 Filed under: Francis Dusabe | Tags: accountability, Africa, African Court on Human and Peoples’ Rights, African Union, AU, collaboration, courts, Hissène Habré, ICC, International Criminal Court, international criminal justice, International Criminal law, law, regional mechanisms, Rome Statute 2 Comments
Author: Francis Dusabe
Legal Researcher
‘Whatever you do for me but without me, you do against me’– Mahatma Gandhi, 1869-1948
More than ever before, Africa is at both sides of the coin; it is the subject of international criminal law because African states have steadfastly stood for the creation of the International Criminal Court and an object of international criminal law because of the unfortunate participation of Africans in atrocities that ravages their continent.
Unlike what many think, Africa has a lot to offer in the development of international criminal law, be it at domestic, regional and international level. Domestically, Africa leads other continents in the nationalisation of international criminal law either through domestication of the Rome Statute or the incorporation of main principles of international criminal law as enshrined in major conventions and treaties in national law.
AfricLaw 