Assessing the Institutional Environment of Local Governments in Africa
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Initial Report Submitted by Guinea Pursuant to Articles 16 and 17 of the Covenant, Due in 1990*
United Nations E/C.12/GIN/1 Economic and Social Council Distr.: General 16 May 2019 English Original: French English, French, and Spanish only Committee on Economic, Social and Cultural Rights Initial report submitted by Guinea pursuant to articles 16 and 17 of the Covenant, due in 1990* [Date received: 29 March 2019] * The present document is being issued without formal editing. GE.19-08043 (E) 050819 060819 E/C.12/GIN/1 Contents Page Part 1: General information about Guinea ..................................................................................... 3 I. Geography ..................................................................................................................................... 3 II. Demographic, economic and social characteristics of Guinea ...................................................... 3 III. Constitutional, political and legal structure of Guinea .................................................................. 5 IV. General framework for the protection and promotion of human rights in Guinea ........................ 6 Part 2: Information on articles 1 to 15 of the International Covenant on Economic, Social and Cultural Rights ............................................................................................................. 12 Article 1: Right to self-determination............................................................................................ 12 Article 2: International cooperation ............................................................................................. -
Human Rights and Constitution Making Human Rights and Constitution Making
HUMAN RIGHTS AND CONSTITUTION MAKING HUMAN RIGHTS AND CONSTITUTION MAKING New York and Geneva, 2018 II HUMAN RIGHTS AND CONSTITUTION MAKING Requests to reproduce excerpts or to photocopy should be addressed to the Copyright Clearance Center at copyright.com. All other queries on rights and licenses, including subsidiary rights, should be addressed to: United Nations Publications, 300 East 42nd St, New York, NY 10017, United States of America. E-mail: [email protected]; website: un.org/publications United Nations publication issued by the Office of the United Nations High Commissioner for Human Rights (OHCHR) Photo credit: © Ververidis Vasilis / Shutterstock.com The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a figure indicates a reference to a United Nations document. HR/PUB/17/5 © 2018 United Nations All worldwide rights reserved Sales no.: E.17.XIV.4 ISBN: 978-92-1-154221-9 eISBN: 978-92-1-362251-3 CONTENTS III CONTENTS INTRODUCTION .................................................................................. 1 I. CONSTITUTIONAL REFORMS AND HUMAN RIGHTS ......................... 2 A. Why a rights-based approach to constitutional reform? .................... 3 1. Framing the issue .......................................................................3 2. The constitutional State ................................................................6 3. Functions of the constitution in the contemporary world ...................7 4. The constitution and democratic governance ..................................8 5. -
TOGOLESE REPUBLIC Work-Liberty-Fatherland 6Th, 7Th and 8Th PERIODIC REPORTS of the STATE of TOGO on the IMPLEMENTATION of the A
TOGOLESE REPUBLIC Work-Liberty-Fatherland 6th, 7th and 8th PERIODIC REPORTS OF THE STATE OF TOGO ON THE IMPLEMENTATION OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS (Article 62 of the Charter) August 2017 TABLE OF CONTENTS INTRODUCTION ............................................................................................................................. 14 PART ONE ........................................................................................................................................ 15 OVERALL LEGAL FRAMEWORK ON HUMAN RIGHTS PROTECTION . .............................. 15 PART TWO ...................................................................................................................................... 17 NATIONAL MEASURES ON THE IMPLEMENTATION OF THE CHARTER . ........................ 17 Articles 2 and 3 : The right to the enjoyment of rights and freedoms recognised and guaranteed by the Charter without distinction of any kind and equality before the law .......................................... 17 Article 4 : The protection of the right to life ..................................................................................... 17 The Death Penalty .............................................................................................................................. 17 Articles 6 : The right to liberty and to the security of the person, prohibition from arrests or arbitrary detentions ......................................................................................................................................... -
Republic of Guinea-Bissau Ministry of Public Health, Family and Social Cohesion Institute for Women and Children
Republic of Guinea-Bissau Ministry of Public Health, Family and Social Cohesion Institute for Women and Children 1st Implementation Report of the African Charter on the Rights and Welfare of the Child (2008 - 2018) Bissau, October TABLE OF CONTENTS List of Acronyms and Abbreviations...............................................4 I. INTRODUCTION...........................................................7 II. METHODOLOGY OF WORK. ...............................................12 2.1 Methodology for the Drafting of the Report on the Implementation of the African Charter on the Rights and Welfare of the Child, is based on.......................................................................................12 III. GENERAL IMPLEMENTATION OR ENFORCEMENT MEASURES……......................................14 3.1. Legislation and the African Charter on the Rights and Welfare of the Child –ACRWC............... 14 a) National Legal Instruments Relating to the Rights of the Child........................................................ 15 45. (b) International legal instruments of human rights, particularly the children’s rights, to which Guinea-Bissau is a party .................................................................................................................... 16 3.2 Policy Measures, Programs and Actions for the Implementation of the African Charter on the Rights and Welfare of the Child.............................................................................................................17 3.3. Mechanisms for the Implementation -
Checks and Balances
Constitutions are the bedrock of multiparty democracies. Tension between the principles of democracy – rule by the people – and constitutionalism, as a predominantly elite driven process, have increased across the African continent as constitutional reforms have become regular occurrences in many states since the early 1990s. Some of these reforms have strengthened democratic ideals, while others have opened states up to greater abuses of power. As many African states continue to grapple with the consolidation of democratic norms and institutions into their legal frameworks, they have simultaneously been constrained by the remnants of colonial era constitutions. Colonial era states were deliberately CHECKS AND BALANCES: constructed to propagate elites in the governance of the colony, a system which has in many modern African states been reinforced by African political elites in furthering narrow interests. When political leaders, elites and other interest groups African constitutions and democracy undermine and weaken the constitution they weaken the very fabric of the society they claim to serve. When they weaken and abuse state institutions they weaken in the 21st century the very mechanisms created to give life to a constitution's ambitions. In this edited volume, some of Africa's leading academics seek to answer questions such as: “If constitutional changes continue to be elite driven processes – excluding citizens – can constitutions ever truly be 'living documents' providing the foundations to build and consolidate democratic norms -
Judicial Review Systems in West Africa: a Comparative Analysis a Comparative Africa: in West Systems Review Judicial
Judicial Review Systems in West Africa A Comparative Analysis Judicial Review Systems West in Africa: Comparative A Analysis The legal systems in West African countries are uniquely diverse. They have their foundations in different colonial heritages and have been shaped by a great variety of customary and religious norms, which affects the design of each country’s judicial system. At the same time, the region is growing together under the umbrella of the Economic Community of West African States (ECOWAS). This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions. International Institute for Democracy and Electoral Assistance (International IDEA) Strömsborg, SE-103 34 Stockholm, Sweden Tel: +46 8 698 37 00, fax: +46 8 20 24 22 Email: [email protected], website: www.idea.int Hanns Seidel Foundation Lazarettstraße 33 80636 Munich, Germany Tel.: +49 89 1258-0 | Fax: -356 Email: [email protected], website: www.hss.de ISBN: 978-91-7671-052-4 Judicial Review Systems in West Africa A Comparative Analysis Judicial Review Systems in West Africa A Comparative Analysis Lead writers Markus Böckenförde Babacar Kante Yuhniwo Ngenge H. -
Fostering Constitutionalism in Africa
Fostering Constitutionalism in Africa Charles Fombad and Christina Murray (editors) 2010 Fostering Constitutionalism in Africa Published by: Pretoria University Law Press (PULP) The Pretoria University Law Press (PULP) is a publisher at the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa. This book was peer-reviewed prior to publication. For more information on PULP, see www.pulp.up.ac.za Printed and bound by: ABC Press Cape Town To order, contact: PULP Faculty of Law University of Pretoria South Africa 0002 Tel: +27 12 420 4948 Fax: +27 12 362 5125 [email protected] www.pulp.up.ac.za Cover: Yolanda Booyzen, Centre for Human Rights ISBN: 978-09814420-8-2 © 2010 Réseau Africain de Droit Constitutionnel African Network of Constitutional Lawyers This book is the first in the ‘Rule of Law in Africa’ series and the financial assistance of the World Bank is gratefully acknowledged. TABLE OF CONTENTS TABLE DES MATIÈRES INTRODUCTION v CONTRIBUTORS xiv Presidential term limits and their impact on 1 1 constitutionalism in Africa Les limites du mandat présidentiel et leurs 183 impacts sur le constitutionnalisme en Afrique Charles Fombad and/et Nat Inegbedion Is the end near for the political question doctrine 31 2 in Nigeria? Est-ce bientôt la fin de la doctrine de la 215 question -
International Convention on the Elimination of All Forms of Racial Discrimination;
UNITED NATIONS CERD International Convention on Distr. the Elimination GENERAL of all Forms of CERD/C/TGO/17 Racial Discrimination 26 September 2007 ENGLISH Original: FRENCH COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 9 OF THE CONVENTION Sixth to seventeenth reports of States parties due in 2005 Addendum TOGO* ** [5 July 2007] * This document contains the sixth to seventeenth periodic reports of Togo, due on 1 October 1983-2005, submitted in one document. For the first to fifth periodic reports and the summary records of the meetings at which the Committee considered the report, see documents CERD/C/75/Add.12 and CERD/C/SR.640 and 641, CERD/C/SR.924, 1165 and 1442. ** In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not formally edited before being sent to the United Nations translation services. GE.07-44236 (E) 150108 240108 CERD/C/TGO/17 page 2 CONTENTS Chapter Paragraphs Page Part I: Development of Togo’s political and institutional system I. BACKGROUND .................................................................................. 1 - 17 5 A. Executive branch ......................................................................... 4 - 5 5 B. Legislative branch ....................................................................... 6 - 7 5 C. Judicial branch ............................................................................ 8 - 11 5 D. National Human Rights Commission ........................................ -
Soft Law and Human Rights in Africa
The Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa Edited by Ololade Shyllon 2018 The Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa Published by: Pretoria University Law Press (PULP) The Pretoria University Law Press (PULP) is a publisher at the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa. This book was peer reviewed prior to publication. For more information on PULP, see www.pulp.up.ac.za Printed and bound by: Minit Print, Hatfield, Pretoria To order, contact: PULP Faculty of Law University of Pretoria South Africa 0002 Tel: +27 12 420 4948 Fax: +27 86 610 6668 [email protected] www.pulp.up.ac.za Cover: DN Ikpo, Centre for Human Rights, University of Pretoria Painting: Pieter Cronje ISBN: 978-1-920538-87-3 © 2018 TABLE OF CONTENTS Acknowledgments v Preface vi Contributors viii Abbreviations and acronyms xi PART I: THE MODEL LAW AND ITS INFLUENCE ON ACCESS TO INFORMATION IN AFRICA Introduction 3 1 Ololade Shyllon The impact of the Model Law on Access to 2 Information for Africa 14 Fola Adeleke Implementing a Model Law on Access to 3 Information in Africa: Lessons from the Americas 48 Marianna Belalba and Alan Sears The implementation -
COI Compilation August 2016
TOGO COI Compilation August 2016 United Nations High Commissioner for Refugees Representation in Ghana Regional Representation for West Africa (RSD Unit) UNHCR Representation in Ghana UNHCR Regional Representation for West Africa (RSD Unit) Togo COI Compilation August 2016 This report collates country of origin information (COI) on Togo up to 25 August 2016 on issues of relevance in refugee status determination for Togolese nationals. The report is based on publicly available information, studies and commentaries. It is illustrative, but is neither exhaustive of information available in the public domain nor intended to be a general report on human-rights conditions. The report is not conclusive as to the merits of any individual refugee claim. All sources are cited and fully referenced. Users should refer to the full text of documents cited and assess the credibility, relevance and timeliness of source material with reference to the specific research concerns arising from individual applications. UNHCR Representation in Ghana 16 Labone Drive, 4 Dade Walk Accra, Ghana Phone: + 233 30 276 05 36 UNHCR Regional Representation for West Africa Immeuble FAALO Almadies, Route du King Fahd Palace Dakar, Senegal - BP 3125 Phone: +221 33 867 62 07 Kora.unhcr.org - www.unhcr.org Table of Contents List of Abbreviations .............................................................................................................. 3 1 Background Information ................................................................................................ -
THE SUCCESSION of FAURE GNASSINGBE to the TOGOLESE PRESIDENCY an International Law Perspective
CURRENT AFRICAN ISSUES NO. 30 THE SUCCESSION OF FAURE GNASSINGBE TO THE TOGOLESE PRESIDENCY An International Law Perspective KANIYE S.A. EBEKU NORDISKA AFRIKAINSTITUTET, UPPSALA 2005 Indexing terms Presidency Heads of state Inheritance Elections Democracy Constitutions International law Togo The opinions expressed in this volume are those of the author and do not necessarily reflect the views of Nordiska Afrikainstitutet. Language checking: Elaine Almén ISSN 0280-2171 ISBN 91-7106-554-7 (print) ISBN 91-7106-555-5 (electronic) © the author and Nordiska Afrikainstitutet, 2005 Printed in Sweden by Blomberg & Janson, Bromma 2005 Contents 1. Introduction 5 2. Politico-Constitutional Antecedents of the Recent Developments 7 3. Regional Instruments on Democratic Principles in Africa 11 4. Some Basic Principles of International Law: In a Nutshell 13 5. Faure’s Succession: Validity of the Removal of Fambare Ouattara Natchaba from Office 15 6. Faure’s Succession and Legality of Constitutional Amendment 16 7. Faure’s Succession and the Doctrine of State Necessity 18 8. Faure’s Succession and Regional Instruments on Democracy and Good Governance 21 9. Concluding Remarks 28 References 30 States…must…act in compliance with the law, and in particular with international law…That is the under- lying condition for the legitimacy of their action.1 Judge Gilbert Guillaume 1. Introduction In early February 2005 the Republic of Togo, a was overseas and this prompted, or, perhaps, en- small Francophone country in the West African abled the National Assembly to remove him from sub-region, came into the international spotlight office and replace him with Faure Gnassingbe, son as a result of what some have described as the un- of the late President Eyadema, who was a Member democratic and unconstitutional succession to the of Parliament and Government Minister. -
Download Article In
AFRICAN HUMAN RIGHTS LAW JOURNAL To cite: CM Fombad & LA Abdulrauf ‘Comparative overview of the constitutional framework for controlling the exercise of emergency powers in Africa’ (2020) 20 African Human Rights Law Journal 376-411 http://dx.doi.org/10.17159/1996-2096/2020/v20n2a2 Comparative overview of the constitutional framework for controlling the exercise of emergency powers in Africa Charles Manga Fombad* Professor, Institute for International and Comparative Law in Africa, Faculty of Law, University of Pretoria, South Africa https://orcid.org/0000-0002-7794-1496 Lukman Adebisi Abdulrauf** Senior Lecturer, Department of Public Law, University of Ilorin, Nigeria; Fellow, Institute for International and Comparative Law in Africa, Faculty of Law, University of Pretoria, South Africa https://orcid.org/0000-0003-4877-9415 Summary: The need to act swiftly in times of emergency gives governments a reason to exercise emergency powers. This is a legally valid and accepted practice in modern democracies. Post-independence African constitutions contained provisions that sought to regulate states of emergency, placing the emphasis on who could make such declarations and what measures could be taken, but paid scant attention to the safeguards that were needed to ensure that the enormous powers that governments were allowed to accrue and exercise in dealing with emergencies were not abused. As a result, these broad powers were regularly used to abuse fundamental human rights and suppress opponents of the government. In the post-1990 wave of constitutional reforms in Africa, some attempts were made to introduce safeguards * Licence en Droit (Yaounde) LLM PhD (London); [email protected] * LLB (Zaria) LLM (Ilorin) LLD (Pretoria); [email protected] CONSTITUTIONAL FRAMEWORK FOR CONTROLLING EMERGENCY POWERS IN AFRICA 377 against the misuse of emergency powers.