Creative Incursions Cultural Representations of Human Rights in Africa and the Black Diaspora

Total Page:16

File Type:pdf, Size:1020Kb

Creative Incursions Cultural Representations of Human Rights in Africa and the Black Diaspora borah et al 00 fmt flip1.qxp 7/15/19 10:37 AM Page i Creative Incursions borah et al 00 fmt flip1.qxp 7/15/19 10:37 AM Page ii Recent Titles in the Carolina Academic Press African World Series Toyin Falola, Series Editor Africa, Empire and Globalization: Essays in Honor of A. G. Hopkins Edited by Toyin Falola and Emily Brownell The African Civil Service Fifty Years after Independence Edited by Emmanuel M. Mbah, Augustine E. Ayuk Against the Predators’ Republic: Political and Cultural Journalism, 2007–2013 Biodun Jeyifo Conflict Resolution in Africa: Language, Law, and Politeness in Ghanaian (Akan) Jurisprudence Samuel Gyasi Obeng Contentious Politics in Africa: Identity, Conflict, and Social Change Edited by Toyin Falola and Wanjala S. Nasong’o Contesting Islam in Africa: Homegrown Wahhabism and Muslim Identity in Northern Ghana, 1920–2010 Abdulai Iddrisu Creative Incursions: Cultural Representations of Human Rights in Africa and the Black Diaspora Edited by Abikal Borah, Bisola Falola, Toyin Falola Decolonizing the University, Knowledge Systems and Disciplines in Africa Edited by Sabelo J. Ndlovu-Gatsheni and Siphamandla Zondi Democradura: Essays on Nigeria’s Limited Democracy N. Oluwafemi Mimiko Èsù: Yoruba God, Power, and the Imaginative Frontiers Edited by Toyin Falola Ethnicities, Nationalities, and Cross-Cultural Representations in Africa and the Diaspora Edited by Gloria Chuku Falolaism: The Epistemologies and Methodologies of Africana Knowledge Abdul Karim Bangura Gendering African Social Spaces: Women, Power, and Cultural Expressions Edited by Toyin Falola and Wanjala S. Nasong’o Ghana During the First World War: The Colonial Administration of Sir Hugh Clifford Elizabeth Wrangham Globalization: The Politics of Global Economic Relations and International Business N. Oluwafemi Mimiko A History of Class Formation in the Plateau Province of Nigeria, 1902–1960: The Genesis of a Ruling Class Monday Yakiban Mangvwat borah et al 00 fmt flip1.qxp 7/15/19 10:37 AM Page iii Horror in Paradise: Frameworks for Understanding the Crises of the Niger Delta Region of Nigeria Edited by Christopher LaMonica and J. Shola Omotola Ifá in Yorùbá Thought System Omotade Adegbindin Imperialism, Economic Development and Social Change in West Africa Raymond Dumett The Indigenous African Criminal Justice System for the Modern World Olusina Akeredolu Issues in African Political Economies Edited by Toyin Falola, Jamaine Abidogun Julius Nyerere, Africa’s Titan on a Global Stage: Perspectives from Arusha to Obama Edited by Ali A. Mazrui and Lindah L. Mhando “Life Not Worth Living”: Nigerian Petitions Reflecting an African Society’s Experiences During World War II Edited by Chima J. Korieh Local Government in South Africa Since 1994: Leadership, Democracy, Development, and Service Delivery in a Post-Apartheid Era Alexius Amtaika The Muse of Anomy: Essays on Literature and the Humanities in Nigeria Femi Osofisan Nollywood: Popular Culture and Narratives of Youth Struggles in Nigeria Paul Ugor Pan-Africanism in Ghana: African Socialism, Neoliberalism, and Globalization Justin Williams Perspectives on Feminism from Africa Edited by ‘Lai Olurode Satires of Power in Yoruba Visual Culture Yomi Ola The United States’ Foreign Policy in Africa in the 21st Century Edited by Adebayo Oyebade Urban Challenges and Survival Strategies in Africa Edited by Adeshina Afolayan and Toyin Falola The Vile Trade: Slavery and the Slave Trade in Africa Edited by Abi Alabo Derefaka, Wole Ogundele, Akin Alao, and Augustus Babajide Ajibola The Yoruba in Brazil, Brazilians in Yorubaland Edited by Niyi Afolabi and Toyin Falola Women, Gender, and Sexualities in Africa Edited by Toyin Falola and Nana Akua Amponsah borah et al 00 fmt flip1.qxp 7/15/19 10:37 AM Page iv borah et al 00 fmt flip1.qxp 7/15/19 10:37 AM Page v Creative Incursions Cultural Representations of Human Rights in Africa and the Black Diaspora Edited by Abikal Borah Bisola Falola Toyin Falola Carolina Academic Press Durham, North Carolina borah et al 00 fmt flip1.qxp 7/15/19 10:37 AM Page vi Copyright © 2019 Carolina Academic Press, LLC All Rights Reserved Library of Congress Cataloging-in-Publication Data Names: Borah, Abikal, editor. | Falola, Bisola, editor. | Falola, Toyin, editor. Title: Creative incursions : cultural representations of human rights in Africa and the black diaspora / edited by Abikal Borah, Bisola Falola, Toyin Falola. Description: Durham, North Carolina : Carolina Academic Press, LLC, [2019] | Series: African world series | Includes bibliographical references. Identifiers: LCCN 2019021482 | ISBN 9781531013097 (alk. paper) Subjects: LCSH: Human rights—Africa. | Marginality, Social—Africa. | African diaspora. | Africa—Cultural policy. | Africa—Social life and customs. Classification: LCC KQC572 .C74 2019 | DDC 323.096—dc23 LC record available at https://lccn.loc.gov/2019021482 eISBN 978-1-5310-1310-3 Carolina Academic Press 700 Kent Street Durham, North Carolina 27701 Telephone (919) 489-7486 Fax (919) 493-5668 www.cap-press.com Printed in the United States of America borah et al 00 fmt flip1.qxp 7/15/19 10:37 AM Page vii Contents Series Editor’s Foreword ix Notes on Contributors xi Introduction 3 Abikal Borah 1 · Beyond Culture and Constitution: Economic Marginalization, Social Exclusion, and Legitimizing Human Rights in Africa Bonny Ibhawoh 19 2 · The Role of Traditional Leaders in Addressing Women’s Rights in Postcolonial Africa: The Case of FGM and Forced Marriage Serges Djoyou Kamga 35 3 · “Relative Universalism” of Human Rights: The Tragic Human Drama and the Debates on Homosexuality in Uganda Ogenga Otunnu 63 4 · Human Rights and the Postcolonial African Literati Bernard Steiner Ifekwe 97 5 · Articulations of Human Rights Ideas in Contemporary Yorùbá Poetry Arinpe G. Adejumo 117 6 · Harmony between Two Worlds: Urhobo Lamenting and the Politics of Mourning Felicia Ohwovoriole 135 vii borah et al 00 fmt flip1.qxp 7/15/19 10:37 AM Page viii viii Contents 7 · Domestic Expectations and Igbo Women’s Victimhood in B for Boy Chinedu Anumudu and Owusu Ansah Boakye 153 8 · Delirious Aesthetics and Human Rights in Music Videos about the LRA Atrocities in Northern Uganda Okaka Opio Dokotum 167 9 · The Rhetoric of Silence: Listening to Women’s Nonverbal Activism in Anglophone Cameroon Delphine Fongang 197 10 · Hip Hop Politics: Agitation through Film and Music in West Africa Rita Keresztesi 213 11 · The Right to Narrate African Heritage in the Diaspora: Writing as a Political Gesture Felipe Fanuel Xavier Rodrigues 225 12 · Diasporic Experiences in Amma Darko’s Beyond the Horizon and Chimamanda Adichie’s Americanah Bosede Funke Afolayan 245 Bibliography 265 Index 281 borah et al 00 fmt flip1.qxp 7/15/19 10:37 AM Page ix Series Editor’s Foreword The Carolina Academic Press African World Series , inaugurated in 2010, offers significant new works in the field of African and Black World studies. The series provides scholarly and educational texts that can serve both as ref - erence works and as readers in college classes. Studies in the series are anchored in the existing humanistic and the social scientific traditions. Their goal, however, is the identification and elaboration of the strategic place of Africa and its Diaspora in a shifting global world. More specifically, the studies will address gaps and larger needs in the developing scholarship on Africa and the Black World. The series intends to fill gaps in areas such as African politics, history, law, religion, culture, sociology, literature, philosophy, visual arts, art history, ge - ography, language, health, and social welfare. Given the complex nature of Africa and its Diaspora, and the constantly shifting perspectives prompted by globalization, the series also meets a vital need for scholarship connecting knowledge with events and practices. Reflecting the fact that life in Africa con - tinues to change, especially in the political arena, the series explores issues em - anating from racial and ethnic identities, particularly those connected with the ongoing mobilization of ethnic minorities for inclusion and representation. Toyin Falola University of Texas at Austin ix borah et al 00 fmt flip1.qxp 7/15/19 10:37 AM Page x borah et al 00 fmt flip1.qxp 7/15/19 10:37 AM Page xi Notes on the Contributors Bonny Ibhawoh is a professor of History and Global Human Rights at Mc - Master University, Canada. He has taught in universities in Africa, the United Kingdom, the United States, and Canada. He was previously a human rights fellow at the Carnegie Council for Ethics and International Affairs, New York; a research fellow at the Danish Institute for Human Rights, Copenhagen, Den - mark; and an associate member of the Centre for African Studies, School of Oriental and African Studies, University of London, UK. He is the author of several books and journal articles on human rights and imperial history, in - cluding Imperialism and Human Rights , Imperial Justice: Africans in Empire’s Court , and Human Rights in Africa . Serges Djoyou Kamga holds an LLD from the Centre for Human Rights at the University of Pretoria and is currently an associate professor at the Thabo Mbeki African Leadership Institute, University of South Africa. He is a member of the “building committee” of the Cross-Cultural Human Rights Centre, a consortium of one European university, ten Chinese universities, and four African universities aimed at bringing concepts and ideas from the global south in the area of human rights to northern audiences. His areas of interest include leadership and African renaissance, development and human rights, human rights from a cross-cultural perspective, and disability rights. He is a co-editor of the African Disability Rights Yearbook . Ogenga Otunnu is an associate professor of history at DePaul University. He is the co-founder of the Center for Forced Migration Studies at Northwestern University. He has lectured at the summer program on refugees and forced migration at the Centre for Refugee Studies at York University for more than a decade.
Recommended publications
  • Country Guide South Africa
    Human Rights and Business Country Guide South Africa March 2015 Table of Contents How to Use this Guide .................................................................................. 3 Background & Context ................................................................................. 7 Rights Holders at Risk ........................................................................... 15 Rights Holders at Risk in the Workplace ..................................................... 15 Rights Holders at Risk in the Community ................................................... 25 Labour Standards ................................................................................. 35 Child Labour ............................................................................................... 35 Forced Labour ............................................................................................ 39 Occupational Health & Safety .................................................................... 42 Trade Unions .............................................................................................. 49 Working Conditions .................................................................................... 56 Community Impacts ............................................................................. 64 Environment ............................................................................................... 64 Land & Property ......................................................................................... 72 Revenue Transparency
    [Show full text]
  • Tom Gerald Daly, University of Melbourne
    Constitutional Court Review 2019 © The Authors Volume 9, 387–408 Open Access article distributed in terms of the https://doi org/10 2989/CCR 2019 0015 Creative Commons Attribution License [CC BY 4 0] Kindred Strangers: Why has the Constitutional Court of South Africa Never Cited the African Court on Human and Peoples’ Rights? TOM GERALD DALY ABSTRACT: Why has the Constitutional Court of South Africa never cited the African Court on Human and Peoples’ Rights? The two courts appear to be natural allies, having both elaborated a robust jurisprudence promoting civil-political and socio-economic rights, accountability, political participation, and good governance However, despite the African Court having issued a raft of landmark merits judgments since June 2013, the Constitutional Court has yet to cite its jurisprudence This article attempts to account for this apparent lacuna in South African case-law, placing it against the Constitutional Court’s overall approach to citing international law and courts, and suggesting a range of possible explanatory factors, including: the state’s position as a ‘reluctant regionalist’; institutional factors (such as the Constitutional Court’s possible preference to retain constitutional supremacy and adjudicative autonomy, and tendency to more readily cite non-African jurisprudence); and broader structural factors (such as a lack of citations in submissions to the Court) It is argued that this matters for two reasons First, it may possibly deprive the Constitutional Court of sources that could enrich its
    [Show full text]
  • Towards a More Effective African System of Human Rights: “Entebbe Proposals”
    TOWARDS A MORE EFFECTIVE AFRICAN SYSTEM OF HUMAN RIGHTS: “ENTEBBE PROPOSALS” MICHELO HANSUNGULE1 I. INTRODUCTION Since October 1986, protection of human rights in Africa as a region has largely been defined through the African Charter on Human and Peoples’ Rights2. The Charter has been pivotal in influencing the development of regional standards on human rights on the continent. Even though it may not have scored visible successes to show, its role as the principal source of legislation on human rights in Africa cannot be denied. Stemming the tide of human rights violation in the world’s most troubled region may doubtlessly be a tall order for the Charter and its Commission. However, few would deny its normative value. In June 1998, the OAU Assembly of Heads of State and Government once again returned to the drawing board this time to adopt a protocol to introduce an institution that had ominously been forgotten in 1981, namely, the African Court on Human and Peoples’ Rights.3 Last year in July 2003, the African Union (as the OAU is now known) used the occasion to, amongst other things, adopt a far-reaching Protocol on Women’s Rights.4 Together with the 1990 African Charter on the Rights and Welfare of the Child,5 the Human Rights Charter with its two Protocols constitute the architecture of the African human rights system. The two Protocols have been added simply to amend the Charter and therefore complete the architecture. 1 . Professor of Law, Centre for Human Rights, Faculty of Law, University of Pretoria, South Africa; Visiting Professor, Raoul Wallenberg Institute, University of Lund, Sweden.
    [Show full text]
  • FW De Klerk Foundation Conference on Uniting Behind the Constitution
    FW de Klerk Foundation Conference on Uniting Behind the Constitution 2nd February 2013 DR HOLGER DIX, RESIDENT Representative OF THE KONRAD Adenauer Foundation FOR SOUTH Africa, AND FORMER PRESIDENT FW DE KLERK. On Saturday, 2 February 2013, the FW de Klerk Foundation hosted a successful conference at the Protea Hotel President in Bantry Bay, Cape Town. Themed “Uniting Behind the Constitution” and held in conjunction with the Konrad Adenauer Foundation, the conference was well attended by members of the public and a large press contingent. The speakers included thought leaders from civil society, business, academia and politics. This publication is a compendium of speeches presented on the day (speeches were transcribed from recordings), each relating to an important facet of the South African Constitution. Each speech was followed by a lively panel discussion, and panelists included: Dr Lucky Mathebula (board member of the FW de Klerk Foundation), John Kane-Berman (CEO of the South African Institute for Race Relations), Adv Paul Hoffman (Director of the Southern African Institute for Accountability), Adv Johan Kruger (Director of the Centre for Constitutional Rights), Dr Theuns Eloff (Vice-Chancellor of North-West University), Adv Johan Kruger SC (Acting Judge and board member of the FW de Klerk Foundation), Michael Bagraim (President of the Cape Chamber of Commerce), Prince Mangosuthu Buthelezi (Leader of the IFP) and Paul Graham (Executive Director of the Institute for Democracy in South Africa). UpholdingCelebrating Diversity South
    [Show full text]
  • Annual Report 2018
    ANNUAL REPORT 2018 Annual Report 2018 1 ORGANISATIONAL OVERVIEW Information and ADVISORY BOARD Communications Management: PROF JOSÈ FRANTZ JACOB NTHOIWA Deputy Vice-Chancellor University of Communications Manager the Western Cape, represented by Prof Julian May, Director: DST-NRF Office Management: Centre for Excellence on Food DEBBIE GORDON Security (Chair) Office Manager PROF JACQUES DE VILLE MANDY CUPIDO Dean of the Faculty of Law Receptionist PROF JAAP DE VISSER, Director: Dullah Omar Institute Children’s Rights Project: ADV KARRISHA PILLAY ASSOC PROF BENYAM DAWIT Advocate at the Cape Bar Judge MEZMUR VINCENT SALDANHA Project Head Judge at the Western Cape High DR MARIA ASSIM Court Senior Researcher MR ASHRAF MAHOMED MESERET KIFLE Practising attorney Doctoral Researcher ADV GEOFF BUDLENDER SC CRYSTAL NITSCKIE Advocate at the Cape Bar Administrator ASSOC PROF LEA MWAMBENE Law Faculty representative Africa Criminal Justice Reform: ASSOC PROF YONATAN FESSHA ASSOC PROF LUKAS MUNTINGH Law Faculty representative Project Head JEROME SMITH JEAN REDPATH South African Research Chair Law Students representative Researcher in Multilevel Government, KRISTEN PETERSEN Law and Policy: MANAGEMENT COMMITTEE Researcher PROF NICO STEYTLER PROF JULIAN MAY TINA LORIZZO South African Research Chair Associate Researcher PROF JACQUES DE VILLE DR TINASHE CHIGWATA PROF JAAP DE VISSER SAFEEYA MAHOMED Senior Researcher (from June 2018) Intern ASSOC PROF LEA MWAMBENE MICHELLE MAZIWISA CRYSTAL NITSCKIE Postdoctoral Researcher Administrator STAFF ANNETTE MAY Doctoral
    [Show full text]
  • The Politics of Human Rights: Beyond the Abolitionist Paradigm in Africa
    Michigan Journal of International Law Volume 17 Issue 3 1996 The Politics of Human Rights: Beyond the Abolitionist Paradigm in Africa Makau wa Mutua Harvard Law School Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Comparative and Foreign Law Commons, Human Rights Law Commons, and the International Humanitarian Law Commons Recommended Citation Makau w. Mutua, The Politics of Human Rights: Beyond the Abolitionist Paradigm in Africa, 17 MICH. J. INT'L L. 591 (1996). Available at: https://repository.law.umich.edu/mjil/vol17/iss3/2 This Book Review is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. THE POLITICS OF HUMAN RIGHTS: BEYOND THE ABOLITIONIST PARADIGM IN AFRICA CLAUDE E. WELCH, PROTECTING HUMAN RIGHTS IN AFRICA: STRATEGIES AND ROLES OF NON-GOVERNMENTAL ORGANIZATIONS. Philadelphia: University of Pennsylvania Press, 1995. xiii + 356 pp. Reviewed by Makau wa Mutua* INTRODUCTION Over the last decade, the subject of human rights in Africa has become highly topical in the West primarily because of the emphasis placed by the industrial democracies on the postwar formulation of human rights and the universalization of its norms.' Both the United States2 and the European Union3 have built human rights considerations into their foreign policy frameworks. But the stuff of rights animated Africans long before the eruption of this spate of Western interest.4 Struggles against colonial rule and current efforts to democratize the African post-colonial state form the unbroken chain of the quest for just * Associate Director, Human Rights Program, Harvard Law School; S.J.D., Harvard Law School (1987); LL.M., Harvard Law School (1985); LL.M., University of Dar-es-salaam (1984); LL.B., University of Dar-es-salaam (1983).
    [Show full text]
  • African Human Rights System Research Guide
    ARTHUR W. DIAMOND LAW LIBRARY RESEARCH GUIDES African Human Rights System Research Guide Written by Alice Izumo Last Updated July 1, 2015 What This Guide Covers The purpose of this guide is to facilitate research on the African human rights system, in particular, the main sources of African regional human rights law­­treaties and non­treaty human rights instruments­­ and their interpretation and application by regional and sub­regional bodies. The African Union (AU) is an inter­governmental organization whose 54 member states comprise all countries in Africa except Morocco. (The AU succeeded the Organisation of African Unity (OAU) in July 2002.) The three primary AU institutions dedicated to human rights are the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights, and the African Committee of Experts on the Rights and Welfare of the Child (“African Children’s Rights Committee”). In addition to the African Union­­a regional inter­governmental organization­­there are also a number of sub­regional inter­governmental organizations created to promote economic integration, of which eight are recognized by the AU Assembly as Regional Economic Communities (RECs), the building blocks (or “pillars”) of a future African Economic Community (AEC). The most significant REC bodies from a human rights law perspective are: the ECOWAS Community Court of Justice, an institution of the Economic Community of West African States (ECOWAS); the East African Court of Justice, of the East African Community (EAC); and the SADC Tribunal, of the Southern African Development Community (SADC). This guide focuses on resources that are readily available to the Columbia University community, including: books and journals in our libraries (in print and digital format); subscription­based databases available through our libraries; and free resources on the web.
    [Show full text]
  • Annual Report 1999
    Fourth Annual Report December 1998 - December 1999 South African Human Rights Commission 4th Annual Report December 1998 December 1999 Table of contents Page Preface ………………………………………………………………………………… v Executive Summary ………………………………………………………………… vii 1. Introduction ………………………………………………………………….. 1-8 Overview of 1999 ……………………………………………………… 1 The human rights environment ………………………………………. 2 Relations with government …………………………………………… 4 Relationship with Parliament ………………………………………..…. 5 International relations …………………………………………………... 5 Annual Planning Meeting ………………………………………………. 7 Conclusion ………………………………………………………………. 8 2. Major Projects of 1999 …………………………………………………… 9-16 Equality …………………………………………………………..……… 9 Racism and Racial Discrimination ……………………………….. 9 Inquiry into Racism in the Media …………………………………. 10 Other equality activities ……………………………………………. 11 Roll Back Xenophobia Campaign……….………………………. 12 Human rights in the criminal justice system ………………………….. 13 Interventions ………………………………………………….…… 14 HIV/AIDS Seminar ……………………………………….…………….… 15 The rights of older persons ………………………………………….…. 16 3. Finance ………………………………………………………………………..17-22 Balance Sheet March 1999 …………………………………….………. 18 Income Statement March 1999 ………………………………………… 19 Budget 1999/2000 ……………………………………………………….. 20 Report of the Auditor-General ………………………………………….. 21 4. Administration …..………………………………………….…….………… 23-27 Office Developments ………………………………………………….. 23 New provincial offices …………………………………………… 23 Staffing …………………………………………………………… . 23 Information technology advancements …………………………
    [Show full text]
  • South Africa
    SOUTH AFRICA Background and Possibilities for Danish Transitional Assistance By Finn Tarp Institute of Economics University of Copenhagen for Danida December 1992 Danida Views expressed in this study do not necessarily correspond to those of the Ministry of Foreign Affairs. Danida, December 1992 SOUTH AFRICA Background and Possibilities for Danish Transitional Assistance By Finn Tarp Institute of Economics University of Copenhagen for Danida December 1992 Danida TABLE OF CONTENTS page Preface v Acknowledgements vii List of Abbreviations viii I. GENERAL COUNTRY BACKGROUND 1 1.1 Geography, Natural Resources and Land Use 1 1.2 Government, Constitution and Regional Administration 3 1.3 Infrastructure and Urban Centres 5 1.4 Population and Society 6 II. POLITICAL SETTING 9 2.1 Historical Background 9 2.2 Apartheid 10 2.3 Armed Struggle and International Sanctions 11 2.4 Toward a Negotiated Settlement 13 2.5 Constitutional Issues and Human Rights 17 2.6 Violence 19 2.7 Prospects for the Future 21 III. ECONOMIC AND SOCIAL SITUATION 23 3.1 Macroeconomic Features 23 3.2 Socio-economic Characteristics 25 3.3 Sectoral Characteristics 28 3.4 Regional Dimensions 31 3.5 Summing-up 32 IV. DEVELOPMENT CONTEXT AND POLICY CONCERNS 34 4.1 Introduction 34 4.2 Major Actors 34 4.3 Policy Frameworks 42 4.4 Major Development Issues 48 3 4.5 Conclusion and Outlook 54 V. INTERNATIONAL RELATIONS AND FOREIGN AID 58 5.1 Global Political Relations 58 5.2 Regional Dimensions 59 5.3 Foreign Aid 61 5.4 Experiences Gained and Absorptive Capacity 64 5.5 Prospects for the Future 66 VI.
    [Show full text]
  • Powers of the Public Protector: Are Its Findings and Recommendations Legally Binding?
    POWERS OF THE PUBLIC PROTECTOR: ARE ITS FINDINGS AND RECOMMENDATIONS LEGALLY BINDING? by MOLEFHI SOLOMON PHOREGO 27312837 Submitted in partial fulfilment of the requirements for the degree: Master of Laws (LLM Research): Public Law Study Leader: Professor Danie Brand Department of Public Law, University of Pretoria November 2017 TABLE OF CONTENTS SUMMARY………………………………………………………………………………………………………………….vi ACKNOWLEDGEMENTS……………………………………………………………………….........................vii CHAPTER 1 Introduction…..…………………………………………………………………………………………………………..1 The Public Protector as a Chapter Nine Institution………………………………………………………1 Research problem………………………………………………………………………………………………………..2 Aims and objectives of study……………………………………………………………………………………….3 Research Methodology………………………………………………………………………………………………..3 Research Questions………………………………………………………………………………………………………4 Limitations…………………………………………………………………………………………………………………….4 Chapter Outline……………………………………………………………………………………………………………..4 CHAPTER 2 CONSTITUTIONAL AND STATUTORY PROVISIONS GOVERNING THE OPERATIONS OF THE OFFICE OF THE PUBLIC PROTECTOR Introduction……………………………………………………………………………………………………………….6 The Constitutional provisions……………………………………………………………………………………..7 Meaning of “Appropriate remedial action’ as contained in the Constitution….…………..11 STATUTORY PROVISIONS REGULATING THE OFFICE OF THE PUBLIC PROTECTOR……...10 Section 6 of the Public Protector Act………………………………………………………………………….12 i Section 7 of the Public Protector Act………………………………………………………………………….17 Section 8 of the Public Protector Act………………………………………………………………………….19
    [Show full text]
  • DECISIONS Page I
    AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA Addis Ababa, Ethiopia P. O. Box 3243 Telephone: 5517 700 Fax: 5517844 Website: www.au.int EXECUTIVE COUNCIL Twenty-Seventh Ordinary Session 7 – 12 June 2015 Johannesburg, SOUTH AFRICA EX.CL/Dec.873-897(XXVII) DECISIONS Page i TABLE OF CONTENTS Sr. No. of No. DECISION NO. TITLE Pages 1 EX.CL/Dec.873(XXVII) Decision on the Budget of the African Union for the 2016 Financial Year – 2 Doc. EX.CL/898(XXVII) 2 EX.CL/Dec.874XXVII) Decision on the Draft Matrix of Modalities for Implementation of the Conclusions of the 4th 1 Joint Retreat of the AUC and the PRC in Hawassa, Ethiopia - Doc. EX.CL/897(XXVII 3 EX.CL/Dec.875XXVII) Decision on the Report on the First Phase of the 8th Pan African Congress - Doc. EX.CL/903(XXVII) 1 4 EX.CL/Dec.876XXVII) Decision on the Specialized Technical Committees 5 5 EX.CL/Dec.877(XXVII) Decision on the Reports of the PRC Sub- 9 Committees 6 EX.CL/Dec.878(XXVII) Decision on the Report of the Commission on The Implementation of Previous Decisions of the 1 Executive Council and the Assembly Doc. EX.CL/901(XXVII) 7 EX.CL/Dec.879(XXVII) Decision on the Report on the International Conference on Illegal Exploitation and Illegal 1 Trade in Wild Flora and Fauna in Africa - Doc. EX.CL/910(XXVII) 8 EX.CL/Dec.880(XXVII) Decision on the Progress Report on ASEOWA Doc. EX.CL/911(XXVII) 1 9 EX.CL/Dec.881(XXVII) Decision on the Progress Report of the Commission on the Establishment of the African 1 Centre for Disease Control and Prevention Doc.
    [Show full text]
  • Human Rights in Africa, See Also Zeleza (2006:42–43)
    The African Union: Concepts and implementation mechanisms relating to human rights The African Union: Concepts and implementation mechanisms relating to human rights Bience Gawanas Introduction This paper focuses on the evolution of human rights within the African Union (AU), starting from the founding of the Organisation of African Unity (OAU) in 1963. The paper therefore takes as its basic premise the following: • Since its establishment, the OAU has been preoccupied with human rights, as evidenced by the struggle for the decolonisation of Africa and the right to self-determination and independence. Embodied within this, no doubt, is the fact that those agitating and fighting for independence used human rights standards to justify their struggle, as colonialism had no regard for the human rights of colonised people. • The AU, in contrast to the OAU, made human rights an explicit part of its mandate, as embodied in its Constitutive Act, and mainstreamed human rights in all its activities and programmes. However, it is clear that the current methodologies require strengthening with a view to developing a holistic, comprehensive and integrated approach to ensure that all human rights are respected. • Because it is linked to the above points, the human rights discourse cannot be divorced from its historical context or the prevailing political, social, economic and cultural conditions on the continent – particularly when it is understood that the struggle for human rights and the establishment of a human rights system are products of a concrete social struggle.1 In this regard, human rights are also as much about civil and political rights as they are about economic, social and cultural rights.
    [Show full text]