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The Impact of the COVID-19 Crisis on Constitutionalism and the Rule of Law in Anglophone Countries of Central and West Africa

Author: International IDEA
Publisher: International Institute for Democracy and Electoral Assistance (International IDEA)
ISBN:
Category : Political Science
Languages : en
Pages : 20

Book Description
The COVID-19 pandemic is not only a health challenge for anglophone countries of Central and West Africa, it is also a litmus test for the consolidation and sustainability of their democratic governance systems. In that regard, respect for constitutionalism and rule of law during emergency contexts, adopted by governments to stop the spread of the virus, remains a priority. It is within this context that International IDEA organized a webinar on ‘The Impact on the COVID-19 Pandemic on Constitutionalism and Rule of Law in Anglophone Countries of Central and West Africa’ on 28 May 2020. Key recommendations from the discussion included: (a) the urgent need to monitor closely and to advocate for the respect of constitutionalism and rule of law in emergency measures and regulations adopted by governments of the region to stop the spread of the pandemic; (b) the need to take advantage of this exceptional situation to rethink the social contract between citizens and states in these countries; and (c) the necessity to build capable developmental states that can respond to the basic needs of their citizens during the pandemic or similar emergency contexts.

The Impact of the COVID-19 Crisis on Constitutionalism and the Rule of Law in Anglophone Countries of Central and West Africa

African Human Rights Law Journal Volume 20 No 2 2020

Author:
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 531

Book Description
In 2020, the African Human Rights Law Journal (AHRLJ or Journal) celebrates 20 years since it first was published. The AHRLJ is the only peer-reviewed journal focused on human rights-related topics of relevance to Africa, Africans and scholars of Africa. It is a time for celebration. Since 2001, two issues of the AHRLJ have appeared every year. Initially published by Juta, in Cape Town, South Africa, in 2013 it became as an open-access journal published by the Pretoria University Law Press (PULP). PULP is a non-profit open-access publisher focused on advancing African scholarship. The AHRLJ contains peer-reviewed articles and ‘recent developments’, discussing the latest court decisions and legal developments in the African Union (AU) and regional economic communities. It contains brief discussions of recently-published books. With a total of 517 contributions in 40 issues (436 articles and 81 ‘recent developments’; not counting ‘book reviews’), on average the AHRLJ contains around 13 contributions per issue. The AHRLJ is accredited with the International Bibliography of the Social Sciences (IBSS) and the South African Department of Higher Education, Science and Innovation, and appears in a number of open access portals, including AfricanLii, the Directory of Open Access Journals and SciELO. Over the 20 years of its existence, many significant articles appeared in the AHRLJ. According to Google Scholar the mostcited articles that have appeared in the Journal over this period are (i) T Metz ‘Ubuntu as a moral theory and human rights in South Africa’ (2011) 11 African Human Rights Law Journal 532-559 (with 273 citations); (ii) D Cornell and K van Marle ‘Exploring ubuntu: Tentative reflections’ (2005) 5 African Human Rights Law Journal 195- 220 (with 97 citations); (iii) S Tamale ‘Exploring the contours of African sexualities: Religion, law and power’ (2014) 14 African Human Rights Law Journal 150-177 (with 85 citations); K Kindiki ‘The normative and institutional framework of the African Union relating to the protection of human rights and the maintenance of international peace and security: A critical appraisal’ (2003) 3 African Human Rights Law Journal 97-117 (with 59 citations); and T Kaime ‘The Convention on the Rights of the Child and the cultural legitimacy of children’s rights in Africa: Some reflections’ (2005) 5 African Human Rights Law Journal 221-238) (with 54 citations). This occasion allows some perspective on the role that the Journal has played over the past 20 years. It is fair to say that the AHRLJ contributed towards strengthening indigenous African scholarship, in general, and human rights-related themes, specifically. Before the Journal there was no academic ‘outlet’ devoted to human rights in the broader African context. Both in quantity and in quality the Journal has left its mark on the landscape of scholarly journals. The AHRLJ has provided a forum for African voices, including those that needed to be ‘fine-tuned’. Different from many other peerreviewed journals, the AHRLJ has seen it as its responsibility to nurture emerging but not yet fully-flourishing talent. This approach allowed younger and emerging scholars to be guided to sharpen their skills and find their scholarly voices. The AHRLJ has evolved in tandem with the African regional human rights system, in a dialogic relationship characterised by constructive criticism. When the Journal was first published in 2001, the Protocol on the Establishment of an African Court on Human and Peoples’ Rights (African Court Protocol) was not yet in force. Over the years the Journal tracked the evolution of the African Court on Human and Peoples’ Rights (African Court) from a faltering start, through a phase when it increasingly expressed itself in an emerging jurisprudence, to the current situation of push-back by states signalled by the withdrawal by four states of their acceptance of the Court’s direct individual access jurisdiction. The same is largely true for the African Committee of Experts on the Rights and Welfare of the Child (African Children’s Committee). It was in 2001 that the AU elected the first members of this Committee. It first met in 2002, and its first decade or so was lackluster. The Committee examined its first state report only in November 2008, and decided its first communication in March 2011. Articles by authors such as Mezmur and Sloth-Nielsen, who also served as members of the Committee, and Lloyd, placed the spotlight on the work of the Committee. Initially, these articles primarily served to describe and provide information that otherwise was largely inaccessible, but over time they increasingly provided a critical gaze and contributed to the constructive evolution of the Committee’s exercise of its mandate. By 2011 the African Commission on Human and Peoples’ Rights (African Commission) was already quite well established, but it also underwent significant growth over the subsequent 20-year period. Numerous articles in the Journal trace and analyse aspects of this evolution. Contributions in the Journal also cover most of the AU human rights treaties and soft law standards. A number of issues contain a ‘special focus’ section dealing with a thematic issue of particular relevance or concern, such as the focus on the Protocol to the African Charter on the Rights of Women (2006 no 1); ‘30 years of the African Charter’ (2011 no 2); and ‘sexual and reproductive rights and the African Women’s Protocol’ (2014 no 2). The scope of the Journal extends beyond the supranational dimension of human rights. Over the years many contributions explored aspects of the domestic human rights situation in countries such as the Democratic Republic of the Congo, Eswatini, Ethiopia, Lesotho, Malawi, Mauritius, Nigeria, South Africa, Tanzania, Uganda and Zimbabwe. From time to time the specific focus sections also veered towards domestic human rights protection. See for instance the focus on 20 years of the South African Constitution (2014 no 2); on ‘adolescent sexual and reproductive rights in the African region’ (2017 no 2); on ‘the rule of law in sub-Saharan Africa’ (2018 no 1); and on ‘dignity taking and dignity restorations’ (2018 no 2).

The Impact of the COVID-19 Crisis on Constitutionalism and the Rule of Law in French- and Portuguese-Speaking Countries of Central and West Africa

Book Description
As the COVID-19 crisis worsens, its impact on the democratic development of African countries is becoming one of the main priorities. Although a great deal of attention has been paid to the question of its effects on electoral processes, there has not yet been any real consideration of its consequences for constitutionalism and the rule of law in African states in general and even less so in the French- and Portuguese-speaking countries of Central and West Africa. In an effort to address this gap, the International Institute for Democracy and Electoral Assistance (International IDEA) organized, with the participation of H. E. Minata Cessouma Samate, the African Union Commission’s Commissioner for Political Affairs, a webinar on 23 April 2020 on the impact of the COVID-19 crisis on constitutionalism and the rule of law in French- and Portuguese-speaking countries in Central and West Africa. The webinar—the programme is appended to this report—was based on two premises: first, the need to consider constitutionalism and the rule of law in terms of their ultimate purpose, which is to guarantee respect for the fundamental rights and freedoms of citizens both in ordinary times and in extraordinary situations; second, the adoption of a holistic perspective that considers not only civil and political rights but also the economic and social rights of citizens in the context of the COVID-19 crisis in the countries concerned.

Abortion Politics

Author: Ziad Munson
Publisher: John Wiley & Sons
ISBN: 0745688829
Category : Social Science
Languages : en
Pages : 140

Book Description
Abortion has remained one of the most volatile and polarizing issues in the United States for over four decades. Americans are more divided today than ever over abortion, and this debate colors the political, economic, and social dynamics of the country. This book provides a balanced, clear-eyed overview of the abortion debate, including the perspectives of both the pro-life and pro-choice movements. It covers the history of the debate from colonial times to the present, the mobilization of mass movements around the issue, the ways it is understood by ordinary Americans, the impact it has had on US political development, and the differences between the abortion conflict in the US and the rest of the world. Throughout these discussions, Ziad Munson demonstrates how the meaning of abortion has shifted to reflect the changing anxieties and cultural divides which it has come to represent. Abortion Politics is an invaluable companion for exploring the abortion issue and what it has to say about American society, as well as the dramatic changes in public understanding of women’s rights, medicine, religion, and partisanship.

Constitutionalism in Africa

Author: Joseph Oloka-Onyango
Publisher: Fountain Books
ISBN:
Category : Law
Languages : en
Pages : 368

Book Description
This collection of essays brings together critical and considered responses to matters of constitutionalism in the context of the most recent political evolutions in many African countries. They are concerned with the struggles for progressive constitionalism, and review historical developments and future challenges. Some specific subjects discussed are: pan- Africanism and constitutionalism; culture, ethnicity and citizenship with reference to Ruanda and Senegal; equality, discrimination and constitutionalism in Muslim Africa; gender and affirmative action in post-1995 Uganda; constitution making in Eritrea; and the challenges of antiquated constitutional doctrines and values in Commonwealth Africa. The contributors are prominent scholars in the fields of politics, law and human rights and include Ola Abu Zeid, Antonia Kalu, Ali Mazrui, Oloka-Onyanyo and Sylvia Tamale.

Global Health and International Relations

Author: Colin McInnes
Publisher: John Wiley & Sons
ISBN: 0745663079
Category : Medical
Languages : en
Pages : 238

Book Description
The long separation of health and International Relations, as distinct academic fields and policy arenas, has now dramatically changed. Health, concerned with the body, mind and spirit, has traditionally focused on disease and infirmity, whilst International Relations has been dominated by concerns of war, peace and security. Since the 1990s, however, the two fields have increasingly overlapped. How can we explain this shift and what are the implications for the future development of both fields? Colin McInnes and Kelley Lee examine four key intersections between health and International Relations today - foreign policy and health diplomacy, health and the global political economy, global health governance and global health security. The explosion of interest in these subjects has, in large part, been due to "real world" concerns - disease outbreaks, antibiotic resistance, counterfeit drugs and other risks to human health amid the spread of globalisation. Yet the authors contend that it is also important to understand how global health has been socially constructed, shaped in theory and practice by particular interests and normative frameworks. This groundbreaking book encourages readers to step back from problem-solving to ask how global health is being problematized in the first place, why certain agendas and issue areas are prioritised, and what determines the potential solutions put forth to address them? The palpable struggle to better understand the health risks facing a globalized world, and to strengthen collective action to deal with them effectively, begins - they argue - with a more reflexive and critical approach to this rapidly emerging subject.

Human Rights in States of Emergency in International Law

Author: Jaime Oraá
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 320

Book Description
In the last decade, grave violations of human rights have occurred during states of emergency such as armed conflict, subversion, and terrorism. Many sovereign states are notorious for using a state of emergency as an excuse for breaching human rights, and one of the most important problems in the international protection of human rights is that of identifying the standards governing these rights. This volume examines human rights in the context of treaty law and general international law. It analyzes the rules, principles, and obligations which international law has developed to cope with these situations.

Can Liberal States Accommodate Indigenous Peoples?

Author: Duncan Ivison
Publisher: Polity
ISBN: 9781509532988
Category : Philosophy
Languages : en
Pages : 0

Book Description
The original – and often continuing – sin of countries with a settler colonial past is their brutal treatment of indigenous peoples. This challenging legacy continues to confront modern liberal democracies ranging from the USA and Canada to Australia, New Zealand and beyond. Duncan Ivison’s book considers how these states can justly accommodate indigenous populations today. He shows how indigenous movements have gained prominence in the past decade, driving both domestic and international campaigns for change. He examines how the claims made by these movements challenge liberal conceptions of the state, rights, political community, identity and legitimacy. Interweaving a lucid introduction to the debates with his own original argument, he contends that we need to move beyond complaints about the ‘politics of identity’ and towards a more historically and theoretically nuanced liberalism better suited to our times. This book will be a key resource for students and scholars interested in political theory, historic injustice, Indigenous studies and the history of political thought.

Feminist Media Studies

Author: Alison Harvey
Publisher: John Wiley & Sons
ISBN: 1509524509
Category : Social Science
Languages : en
Pages : 188

Book Description
Feminist Media Studies is a cutting-edge introduction to the core and emerging theories, methods, and approaches in a field that has blossomed over the past twenty-five years. Adopting an intersectional approach – a framework concerning the interconnected character of oppression based on gender, race, class, and other constructed identities – Alison Harvey takes a global view of gendered practices in and around the media. She provides an accessible overview of classical and contemporary issues in media culture by exploring the past, present, and future of feminist media studies, accounting for changes in the media landscape, from digital technologies and globalized media systems to emergent inequalities, discourses, and practices. By engaging with research from a diverse body of scholarship, this book situates feminist media studies as vital to researching and analysing a range of significant issues. The go-to textbook for a new generation of students, as well as an important resource for scholars, Feminist Media Studies is both an exciting invitation to the field and a passionate call to arms.

Time and Social Theory

Author: Barbara Adam
Publisher: John Wiley & Sons
ISBN: 0745669395
Category : Social Science
Languages : en
Pages : 346

Book Description
Time is at the forefront of contemporary scholarly inquiry across the natural sciences and the humanities. Yet the social sciences have remained substantially isolated from time-related concerns. This book argues that time should be a key part of social theory and focuses concern upon issues which have emerged as central to an understanding of today's social world. Through her analysis of time Barbara Adam shows that our contemporary social theories are firmly embedded in Newtonian science and classical dualistic philosophy. She exposes these classical frameworks of thought as inadequate to the task of conceptualizing our contemporary world of standardized time, computers, nuclear power and global telecommunications.