Peacebuilding and Rule of Law in Africa: Just Peace?

275 Pages·2010·1.39 MB·English

by  Chandra Lekha Sriram

Peacebuilding and Rule of Law in Africa
The promotion of the rule of law has become an increasingly important ele-
ment of peacekeeping and peacebuilding operations, particularly in Africa,
where there have been numerous internal armed conflicts and missions over
the past decade.
Peacebuilding and Rule of Law in Africa explores the expanding inter-
national efforts to promote rule of law in countries emerging from violent
conflict. With a focus on Africa, the contributors critically examine the
impact of these activities in relation to liberal peacebuilding, rule of law
institutions, and the range of non-state providers of justice and security. They
also assess thevirtues and limitations of rule of law reform efforts, and policy
alternatives. It brings together expert scholars and practioners from politics,
law, anthropology and conflict studies, and features detailed case studies on
Rwanda, Liberia, Sierra Leone, Sudan, and the Democratic Republic of
Congo.
Making an important contribution to debates about peacebuilding, and
assisting specific efforts in reforming the rule of law after conflict, this book
will be of interest to students and scholars of international relations, law,
African politics, post-conflict reconstruction, peace and conflict studies, as
well as practitioners in the UN, development agencies and NGOs.
Chandra Lekha Sriram is Professor of Human Rights in the School of Law,
and Directorof the Centre on Human Rights in Conflict at the Universityof
East London.
Olga Martin-Ortega is Senior Research Fellow at the Centre on Human
Rights in Conflict at the University of East London.
Johanna Herman is Research Fellow at the Centre on Human Rights in
Conflict at the University of East London.
Security and Governance Series
Edited by Fiona B. Adamson, School of Oriental and African Studies,
University of London, Roland Paris, University of Ottawa, Stefan Wolff,
University of Nottingham.
Editorial Board:
Mohammed Ayoob, Michigan State University; Richard Caplan, University
of Oxford; Neta Crawford, Boston University; Stuart Croft, University of
Birmingham; Donatella della Porta, European University Institute; Michael
Doyle, Columbia University; Lynn Eden, Stanford University; Takashi
Inoguchi, University of Tokyo; Elizabeth Kier, University of Washington;
Keith Krause, Graduate Institute of International Studies, Geneva; Bruce
Russett, Yale University; Timothy Sisk, University of Denver; Janice Gross
Stein, University of Toronto; Stephen Stedman, Stanford University; Mark
Zacher, University of British Columbia
This series reflects the broadening conceptions of security and the growing
nexus between the study of governance issues and security issues. The topics
covered in the series range from issues relating to the management of terror-
ism and political violence, non-state actors, transnational security threats,
migration, borders, and ‘homeland security’ to questions surrounding weak
and failing states, post-conflict reconstruction, the evolution of regional and
international security institutions, energy and environmental security, and the
proliferation of WMD. Particular emphasis is placed on publishing theoreti-
cally-informed scholarship that elucidates the governance mechanisms, actors
and processes available for managing issues in the new security environment.
Rethinking Japanese Security
Peter J. Katzenstein
State Building and International Intervention in Bosnia
Roberto Belloni
The UN Security Council and the Politics of International Authority
Edited by Bruce Cronin and Ian Hurd
The Dilemmas of Statebuilding
Confronting the contradictions of postwar peace operations
Edited by Roland Paris and Timothy D. Sisk
Protest, Repression and Political Regimes
An empirical analysis of Latin America and Sub-Saharan Africa
Sabine C. Carey
The International Humanitarian Order
Michael N. Barnett
The International Politics of Mass Atrocities
The case of Darfur
Edited by David R. Black and Paul D. Williams
Truth Commissions and Transitional Societies
The impact on human rights and democracy
Eric Wiebelhaus-Brahm
Emerging Transnational (In)Security Governance
A statist-transnationalist approach
Edited by Ersel Aydinli
Peacebuilding and Rule of Law in Africa
Just peace?
Edited by Chandra Lekha Sriram, Olga Martin-Ortega and Johanna Herman

Peacebuilding and Rule of
Law in Africa
Just peace?
Edited by
Chandra Lekha Sriram,
Olga Martin-Ortega and
Johanna Herman
Firstpublished2011
byRoutledge
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SimultaneouslypublishedintheUSAandCanada
byRoutledge
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Contents
Notes on contributors ix
Acknowledgements xi
1 Promoting the rule of law: from liberal to institutional
peacebuilding 1
CHANDRA LEKHA SRIRAM, OLGA MARTIN-ORTEGA AND
JOHANNA HERMAN
PART1
General and cross-cutting issues 21
2 Traditional justice as rule of law in Africa: an
anthropological perspective 23
JUAN OBARRIO
3 The rule of law in liberal peacebuilding 44
OLIVER P. RICHMOND
4 Rule of law, peacekeeping and the United Nations 60
ROBERT A. PULVER
5 From constitutional protections to oversight mechanisms 88
MUNA NDULO
PART2
Country experiences 109
6 Rule of law programming in the DRC for the sake of
justice and security 111
PALL DAVIDSSON WITH FRI˜ÐA THORODDSEN
viii Contents
7 (Re)building the rule of law in Sierra Leone: beyond
the formal sector? 127
CHANDRA LEKHA SRIRAM
8 Narrowing gaps in justice: rule of law programming in Liberia 142
JOHANNA HERMAN AND OLGA MARTIN-ORTEGA
9 Creating demand in Darfur: circling the square 161
SARAH MAGUIRE
10 The rule of law and the hidden politics of transitional
justice in Rwanda 179
STEPHEN BROWN
11 Just peace?: lessons learned and policy insights 197
CHANDRA LEKHA SRIRAM, OLGA MARTIN-ORTEGA AND
JOHANNA HERMAN
Notes 209
Index 256
Contributors
Stephen Brown is Associate Professor at the School of Political Studies,
University of Ottawa, Canada. His main research interests are foreign aid,
democratization, political violence, conflict prevention, and peacebuilding,
mainly in relation to Sub-Saharan Africa.
Pall A. Davidsson is a Lecturer at Reykjavik University School of Law and
the founder and director of Ethikos, the Icelandic centre for corporate
responsibility. He holds an LLM from Columbia University and has over
10 years’ workexperiencewith the UN, OSCE, and the Council of Europe
promoting human rights and the rule of law.
Johanna Herman is a Research Fellow at the Centre on Human Rights in
Conflict at the University of East London. She received her MA in Inter-
national Affairs from Columbia University. She has worked for a number
of UN agencies and international NGOs. Her research interests include
peacebuilding, transitional justice, and human rights.
Sarah Maguire is currentlya consultant working at field and policy levelwith
the UN, NGOs, DFID, and the UK Stabilisation Unit. Her practice as a
barrister led to her involvement in international human rights, armed
conflict, and development. She was previously Senior Human Rights
Adviser at the UK Department for International Development.
Olga Martin-Ortega is Senior Research Fellow at the Centre on Human
Rights in Conflict at the Universityof East London. She received her PhD
in Lawat the Universityof Jaén, Spain. She conducts research in the areas
of business and human rights, post-conflict reconstruction and transitional
justice. She has recently published the monograph Empresas Multi-
nacionales y Derechos Humanos en Derecho Internacional (Bosch, 2008).
Muna Ndulo is Professor of Law at Cornell Law School and Director of
Cornell University’s Institute for African Development. He served in the
SecretariatoftheUnited NationsCommissiononInternationalTradeLaw
and in the United Nations Missions in South Africa, East Timor, Kosovo,
and Afghanistan. His most recent book is Security, Reconstruction, and