Author: Boubakar A. Mahamadou
Graduate, Swiss Umef University
Africa is undoubtedly a continent rich in natural resources thanks to its subsoil which abounds in 30% of the world’s mineral resources. However, these resources have not allowed the long-awaited development of the continent to be achieved. These resources have also become the main sources of conflict on the continent. Indeed, the presence of significant natural resources on the territory of a State increases the risk of armed conflict. They can motivate secessionist demands, finance rebellions or even stir up violence. According to the United Nations Environment Program (UNEP), natural resources are associated with 40% of internal conflicts around the world. It is in this sense that in Africa, we have been witnessing for some time now, the development of an economy of armed conflict.
The African post-colonial period marked a new paradigm of triangular discourse amongst law, justice and development in the international playground. The intellectual metamorphoses of this discourse quickly gained momentum in the mid-60s and was patented the “Movement of Law and Development”. Highly alluring to professors and intellectuals from American law schools, this intellectual movement regarded “law” as an instrument to reform the society and ‘lawyers and judges” as social engineers. With this movement, the narrative was that law is central to the development processes. Then in the early 90s, the movement gave birth to the idea of the “Justice System Reform Program”, also referred to as the “Judicial Reform Program”. The emergence of this idea immediately became a serious agenda in the strategic themes of international financial institutions and bilateral states cooperation structures under the wrestling juxtaposition of “rule of law” and “poverty eradication”. The geographical focus of this idea was only limited to the developing nations of Africa, Asia, Eastern Europe and some Latin American countries.
There are two main rationales behind the theoretical innovation of ‘judicial reform’: a well-established and effective justice system is not only robust enough to confront corruption and violation of rights (with the assumption that courts as custodies of human rights), it can also be relied on to protect the property rights of foreign investors (the concept of development has always been viewed as capitals flowing from north to south-until very recently that the newly rising economies of BRICS- an acronym for the multi-dimensional partnership between Brazil, Russia, Indian, China and South Africa- proved otherwise that capital can also flow from south to south). The ambition of reforming judiciaries in developing countries beseeches building the practical meaning of judicial independence and professional competence that can help build an unwavering system of justice delivery. However, this initiative seems to have totally been lost in translation and taken advantage of for political purposes by the Ethiopian government.