Human Rights and Traditional Justice Systems in Africa

Human Rights and Traditional Justice Systems in Africa
Author:
Publisher: UN
Total Pages: 79
Release: 2016
Genre: Political Science
ISBN: 9789211542165

This publication defines the nature and characteristics of traditional justice systems, including issues related to jurisdiction, community involvement, composition, and a primary focus on restorative justice.

Criminal justice and accountability in Africa: Regional and national developments

Criminal justice and accountability in Africa: Regional and national developments
Author: Rashida Manjoo
Publisher: Pretoria University Law Press
Total Pages: 225
Release: 2022-10-01
Genre: Law
ISBN:

Historically Africa has suffered from numerous conflicts which are typically addressed through international criminal law mechanisms and courts, but the need for a broader approach is both evident and demanded. This book pulls together the debates originating from the conference “Criminal Justice and Accountability in Africa: National and Regional Developments” and highlights the different approaches and mechanisms used to date and what can be taken from them to advance justice and accountability across the African continent.

Access to Justice and Human Security

Access to Justice and Human Security
Author: Sindiso Mnisi Weeks
Publisher: Routledge
Total Pages: 423
Release: 2017-11-22
Genre: Law
ISBN: 1351669567

For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management. These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.

Restorative Justice in Africa

Restorative Justice in Africa
Author: Nabudere, Dani Wadada
Publisher: Africa Institute of South Africa
Total Pages: 156
Release: 2013-12-07
Genre: Political Science
ISBN: 0798303581

This book was inspired by the need of post-conflict societies to manage knowledge resources in such a way that it creates lasting restoration of durable peaceful relationships among people. It aims to demonstrate the challenges of the management of knowledge for restorative justice in Africa and the principles and practices by which these challenges can be met. To achieve this aim they applied what they call the 'Trans-dimensional Knowledge Management Model (TDKM-M)' to specific cases of restorative justice in South Africa, Rwanda, Uganda, Kenya and Liberia. After an analysis of the cases studies, the author successfully demonstrated the challenges of the management of knowledge for restorative justice in Africa and the principles and practices by which these challenges can be met. The authors revealed common challenges to restorative justice such as establishing the 'truth'; the institutionalisation of recommendations by truth and reconciliation bodies; the handling of non-cooperative offenders; and replacing of 'good' values' with 'bad' values as major challenges to restorative justice. To meet these challenges, they propose certain principles of trans-dimensional restorative justice: the establishment of a 'trans-dimensional knowledge foundation' (not some version of 'the truth'); leadership in the implementation of strategies and plans; restoration or establishment of good relations among all people (not only the ruling elites); the identification of tacit and unseen factors that will determine successful restoration of these relationships; and changing these tacit and unseen factors.

Human Rights in Africa

Human Rights in Africa
Author: Abdullahi Ahmed An-naim
Publisher: Brookings Institution Press
Total Pages: 422
Release: 2010-12-01
Genre: Political Science
ISBN: 9780815715634

This powerful volume challenges the conventional view that the concept of human rights is peculiar to the West and, therefore, inherently alien to the non-Western traditions of third world countries. This book demonstrates that there is a contextual legitimacy for the concept of human rights. Virginia A. Leary and Jack Donnelly discuss the Western cultural origins of international human rights; David Little, Bassam Tibi, and Ann Elizabeth Mayer explore Christian and Islamic perspectives on human rights; Rhoda E. Howard, Claude E. Welch, Jr., and James C. N. Paul examine human rights in the context of the African nation-state; Kwasi Wiredu, James Silk, and Francis M. Deng offer African cultural perspectives; and Abdullahi Ahmed An-Na'im and Richard D. Schwartz discuss prospects for a cross-cultural approach to human rights.

Traditional Justice and Reconciliation After Violent Conflict

Traditional Justice and Reconciliation After Violent Conflict
Author: Lucien Huyse
Publisher: International IDEA
Total Pages: 0
Release: 2008
Genre: Burundi
ISBN: 9789185724284

This book presents the findings of a major comparative study examining the role played by traditional justice mechanisms in dealing with the legacy of violent conflict in Africa. It focuses on case studies of five countries -- Rwanda, Mozambique, Uganda, Sierra Leone and Burundi - that are used as the basis for outlining conclusions and options for future policy development in the related areas of post-conflict reconstruction, democracy building and development. "Traditional Justice & Reconciliation After Violent Conflict" suggests that in some circumstances traditional mechanisms can effectively complement conventional judicial systems and represent a real potential for promoting justice, reconciliation and a culture of democracy. At the same time it cautions against unrealistic expectations of traditional structures and offers a sober, evidence-based assessment of both the strengths and the weaknesses of traditional conflict management mechanisms within the broader framework of post-conflict social reconstruction efforts. The book is intended to serve both as a general knowledge resource and as a practitioner's guide for national bodies seeking to employ traditional justice mechanisms, as well as external agencies aiming to support such processes.

The African Court of Justice and Human Rights: An Opportunity to Strengthen Human Rights Protection

The African Court of Justice and Human Rights: An Opportunity to Strengthen Human Rights Protection
Author: Frew Demeke Alemu
Publisher:
Total Pages: 94
Release: 2014-07-21
Genre:
ISBN: 9783656700296

Master's Thesis from the year 2010 in the subject Law - European and International Law, Intellectual Properties, grade: A, Lund University, course: International Human Rights Law, language: English, abstract: Taking in to consideration the countless human rights violations and impunity in Africa, there is not a shred of doubt about the dire need for effective human rights protection mechanisms at continental level. This concern has mainly increased due to the Africa Commission's poor track record of enforcement of human rights norms in the region. Hence, it is in the effort to cure the ills suffered by this system that an endeavor to build a regional human rights judicial organ has been embarked on. The process of establishment of the African Court of Justice and Human Rights (ACtJHR) is also the extension of this effort which partially became successful with the transitional operation of the African Court on Human and Peoples' Rights. The primary purpose of this study is, thus, to show how the ACtJHR would be relevant in promoting and protecting human rights in the continent. An attempt is also made to investigate whether the new Court will be a solution to fill the gaps left out by the African Commission in the regional human rights enforcement mechanism. In doing so, the study has made a thorough analysis of the prospects and challenges of the ACtJHR from different vantage points. It has also addressed the possible interaction between the two main regional human rights actors, i.e., the ACtJHR and the African Commission. The study has also touched up on the link between the sub-regional judicial institutions and the African Court on human rights matters.