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Governance, Human Rights, and Political Transformation in Africa Edited by Michael Addaney Michael Gyan Nyarko Elsabé Boshoff Governance, Human Rights, and Political Transformation in Africa Michael Addaney · Michael Gyan Nyarko · Elsabé Boshoff Editors Governance, Human Rights, and Political Transformation in Africa Editors Michael Addaney Michael Gyan Nyarko Research Institute of Centre for Human Rights Environmental Law University of Pretoria Wuhan University Pretoria, South Africa Wuhan, China Elsabé Boshoff African Commission on Human and Peoples’ Rights Banjul, The Gambia ISBN 978-3-030-27048-3 ISBN 978-3-030-27049-0 (eBook) https://doi.org/10.1007/978-3-030-27049-0 © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG, part of Springer Nature 2020 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Palgrave Macmillan imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland F oreword Good governance underpinned by the rule of law and respect for human rights is one of the imperatives for building sustainable societies. Good governance manifesting itself through participatory democracy and respect for fundamental rights is a central mechanism for sustainable human development in Africa. It creates an environment conducive for a multiparty democracy where everyone freely participates in the political, social and economic affairs of their country, and thereby contributes to building inclusive societies. While governance is getting better in Africa, key challenges remain. Most of the authors in this book appear to agree with this assertion. The general observation is that, although there are improvements in governance and human rights protection across the continent, progress remains fragile. In many African countries, law enforcement and other security agencies violate the rights of people with impunity. This volume of essays chronicles the current developments in governance, human rights protection and democratisation processes in Africa. It underscores the sig- nificance of good governance and the respect for fundamental rights in building a more inclusive and sustainable Africa. In unpacking challenges to the continent’s democratisation efforts, the authors provide theoretical and practical insights based on c ountry studies and from comparative analysis across African states. The authors examine developments in the regulatory framework governing the democratisation efforts of selected countries. This is preceded by insights on how the African human rights system responds to the challenges v vi FOREWORD confronting human rights and democratisation in Africa and how regional institutions can turn values and rights into reality. This volume offers a thorough examination of contemporary developments in Africa in the spheres of governance, rule of law, human rights and the environment. The 15 chapters of this book interrogate the history, strengths, weaknesses and prospects of good governance and human rights as instruments of social transformation and question whether or not the governance aspirations and practices of the African Union and its mem- ber states enables the sustenance of a democratic culture and respect for human rights. The contributing authors have drawn from their research experiences across the fields of governance, human rights, law and political science in Africa and beyond. In an era where multiparty democracy and con- stitutionalism are in crisis across the world, including in Africa, and calls for good governance and democracy, based on strong democratic institutions, rule of law and respect for human rights are rife, this books gives scholarly and practical insights into the history, economic and political conditions that gave rise to some of our current predicament, and offers possible solutions. It is not only a book on Africa, but also one by Africans. The editors and contributors are all emerging African scholars. Many of them have studied human rights and democratisation at the Centre for Human Rights, University of Pretoria. Both the focus of the book and the voices emerging from the various essays make this a very timely publication. Frans Viljoen Professor of International Human Rights Law and Director Centre for Human Rights University of Pretoria Pretoria, South Africa P reFace Governance, Human Rights, and Political Transformation in Africa pro- vides a wide-ranging assessment of the effectiveness, breakthroughs and challenges in the protection of human rights and advancement of good governance at the regional and national level in Africa. The chapters are written by emerging African and internationally recognised scholars, and provide a contemporary overview of a wide variety of topics, ranging from criminal law reform, to the right to peaceful assembly and the impacts of climate change on the enjoyment of human rights in Africa. The book can either be read as a whole in order to gain an overview of some of the most pertinent legal and political questions on the continent today, or the chapters can be read as stand-alone theses address- ing questions related to country- or theme-specific challenges. However, even the chapters dealing with issues in specific African States also carry lessons and recommendations with application to the rest of the continent and beyond. The chapters in the book have undergone rigorous peer review process, and can thus be consulted with confidence by scholars, students, activists and practitioners of national law, international law, human rights, political science, social sciences and diplomacy in Africa. The editors of this book hope that this project will inspire other think- ers to engage with the challenges facing our continent and address them vii viii PREFACE head-on. We would also to acknowledge the hard work and dedication of the authors, peer reviewers and others who have contributed to making this book a success. Wuhan, China Michael Addaney Banjul, The Gambia Elsabé Boshoff Pretoria, South Africa Michael Gyan Nyarko a cknowledgements The editors would like to thank the contributing authors for their time, knowledge and resources towards completing this book project. The success of this book is attributable to their strong contributions and com- mitment. The editorial team at Palgrave Macmillan, Alina Yurova (editor) and Mary Fata (editorial assistant) of Regional Politics and Development Studies were very supportive along the way, as were the copyeditors and the anonymous reviewers. They assisted in shaping the concept of the book and refined the final output to ensure that the publication was on schedule. Our sincere appreciation goes to all who assisted and supported this vision to completion, especially to our colleagues who assisted in reviewing some of the chapters. We are grateful for the time you commit- ted to support this project. ix c ontents 1 Historical Context of Governance and Human Rights in Africa 1 Michael Gyan Nyarko, Michael Addaney and Elsabé Boshoff Part I Governance and Human Rights in the African Union 2 Toward an Effective African Human Rights System: The Nature and Implications of the Relationship Between the African Union Policy Organs and Human Rights Bodies 17 Tilahun Adamu Zewudie 3 Reflections on the African Governance Architecture: Trends, Challenges and Opportunities 41 Kennedy Kariseb and Chairman Okoloise xi