The International Criminal Court and the Darfur crimes: The dilemma of peace and supra-national criminal justice

ABSTRACT

The supra-national criminal prosecution by the International Criminal Court (ICC) of the alleged crimes committed in Darfur raises critical legal and conceptual issues. This article addresses the dilemma of peace, justice and reconciliation from a legal perspective, as well as the justice options that are available. The article also assesses the Sudan's criminal and military laws (both at the substantive and procedural levels) in terms of the country's ability to prosecute international crimes such as war crimes, crimes against humanity and genocide. In this respect, the article argues that these laws fall short of international criminal law standards and principles – particularly the amendments introduced after the United Nations Security Council referred the Darfur situation to the ICC. The article critically examines the Sudan government's policy of non-engagement, which ultimately led to supra-national criminal prosecution (represented by the ICC intervention under the complementarity principle of the Rome Statute). Finally, the article interrogates the report issued by the African Union High-Level Panel on Darfur (AUPD), and evaluates the strengths and weaknesses of its recommendations.     

African indigenous ecology control and sustainable community livelihood in southern African history

Abstract

Based on sources for African Indigenous Ecology Control and Sustainable Community Livelihood in Southern African history this article argues that political independence in the Southern African region has altered the historiography of the region and the African continent as a whole. Black Africans are now looking to the past for inspiration to constitute the foundations of sustainable livelihoods using their own indigenous knowledge systems (IKS) and resources. The indicatives of the African Renaissance also demand that we draw on the significance of the control by pre-colonial African communities of their ecosystems. Existing testimonies show prosperity among pre-colonial African communities in the region. The argument is that, in order to restore the historical achievements of Africans in the region, IKS should form a constitutive part of education.     

Ubuntu. The missing link in the rights discourse in post-apartheid transformation in South Africa

ABSTRACT

A human rights discourse has been central to both the anti-apartheid struggle of South Africa and the country's post-apartheid transformation. But in the drive to extend constitutionally mandated social and economic rights to all South Africans, the approach has had shortcomings. The current neo-liberal economic policy framework constrains policy choices and, in some instances, restricts fair adjudication of rights by the courts. The revival of notions of African Renaissance and indigenous ethnophilosophies, notably ubuntu, which shares the primacy of human dignity of a rights discourse, offers new perspectives. This article looks at the limitations of the human rights discourse and at how ubuntu, as a principled basis for judicial decision making, can contribute to the evolution of the rights discourse in South Africa and lead towards greater realisation of constitutional rights for all.     

The role of mathematics and scientific thought in Africa: A Renaissance perspective

ABSTRACT

This article examines the centrality of mathematics and scientific thought in the sociocultural, human and intellectual development of a sampling of African societies. Evidence is presented which refutes the theory that Africans had no ‘intelligible sense of numeracy’ before contact with the West, and demonstrates that the propagation of this myth was part of the larger colonial project to marginalise and ‘other-ise’ African knowledge systems. Tracing Africa's early contributions to mathematics and scientific thought forces a shift from the standard Western-based approach to pedagogy in this field. It renders a subject that is perceived and presented as alien to African culture, more accessible to African learners. And ultimately, acknowledging the long history of mathematics and scientific thought in Africa is a step in foregrounding African epistemologies in knowledge production, human and social development and towards the realisation of the African Renaissance.     

African Renaissance: The need for gender-inclusive developmental states

ABSTRACT

This article was developed from a paper presented at a seminar at the Africa Institute of South Africa in Pretoria in 2006 while the author was an Archie Mafeje Fellow. It argues the urgent need for the construction and consolidation of gender-inclusive democratic developmental states as central to grounding the concept of an African Renaissance, for an effective transformation of the human condition, and for ensuring that this renaissance does not become romanticised and meaningless. While the notion of developmental states has gained currency in recent years, very little, if at all, has been said about gender in relation to these debates – despite the United Nations warning that ‘without engendering development, development itself is endangered.’ In other words, formulating and implementing development policies with gender lenses are crucial for development.     

Reconstruction and reparations: Lessons from China and the Pan-African world

Abstract

This article addresses the role of the university and institutions of higher learning in carrying out the mandate of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR), held in Durban, South Africa in 2001. The active contribution of the university is anticipated in Article 98 of the Programme of Action published in the Report of the World Conference (2001), which clearly states:

We emphasize the importance and necessity of teaching about the facts and truth of the history of humankind from antiquity to the recent past, as well as of teaching about the facts and truth of the history, causes, nature and consequences of racism, racial discrimination, xenophobia and related intolerance, with a view to achieving a comprehensive and objective cognizance of the tragedies of the past.     

African women in leadership: Current knowledge and a framework for future studies

Abstract

While the empirical literature on leadership and management in Africa is sparse, the literature on African women in leadership is even sparser. This article offers a critical examination of the current state of knowledge on African women in leadership and management. It draws from an extensive review of existing published research to summarise what has been studied and is currently known about their status, leadership styles, and the influence of gender on their experiences as leaders and managers. Based on this review, an integrative framework, drawing from African feminism and postcolonial theory, is proposed to advance the study of African women in leadership and management.     

Africa and its Diaspora: The principal reciprocal benefits to be derived from the amended Constitutive Act of the African Union

Abstract

Under article 3(q) (Objectives) of the Protocol on Amendments to the Constitutive Act of the African Union, we read the following: ‘invite and encourage the full participation of the African Diaspora as an important part of our continent, in building the African Union (AU)’. According to the AU, ‘The African Diaspora are peoples of African descent and heritage outside the continent, irrespective of their citizenship and who remain committed to contribute to the development of the continent and the building of the African Union’. Not only is this posture entirely consistent with the African development agenda and Renaissance, but it is also congruent with the recent and first-ever AU African Diaspora Summit which was convened on Friday, 25 May 2012, at the Sandton Convention Centre, Johannesburg. This is so because the Summit provided us with an excellent opportunity to continue to reflect on, and engage with, issues relevant to the development of the continent and, by extension, its multilingual and globally dispersed Diaspora. In this public lecture, it is argued that the current Amendment to the Constitutive Act of the AU in which the African Diaspora is now considered the sixth Region of the AU – an Amendment which has not yet been ratified by the requisite number of African states and one which might still be in need of some degree of disambiguation – provides the framework within which some fundamental and reciprocal benefits can be derived from an ongoing interaction between Africa and its Diaspora – especially its Older or Historic Diaspora. In essence, it is my contention that the principal reciprocal benefits that can accrue from this interaction between Africa and its Diaspora might best be captured in the language of pan-Africanisation and re-Africanisation respectively.     

The Effects of Political Talk Radio On Political Attitude Formation: Exposure Versus Knowledge

The effects of political news on the mass audience are usually difficult to establish empirically. Recent models of mass communication effects have held that political knowledge is a better indicator of media reception than traditional measures of exposure. This claim is tested in two studies of attitudes toward Democratic and Republican leaders during the 1996 U.S. presidential primary campaigns. The impact of messages from three types of political talk radio (PTR) is examined: Rush Limbaugh, other conservative hosts, and liberal/moderate hosts. Political knowledge and exposure to talk radio are found to be equally good predictors of attitudes toward political leaders when studied separately. However, when tested against one another, exposure is the more effective measure. Agreement between Rush Limbaugh's messages and his audience's attitudes toward political figures is consistent and strong. Biased processing of PTR content by audience members with partisan predispositions contrary to those of the host is also examined.     

Rationalism in Public Law

Rationalism is ‘the stylistic criterion of all respectable politics’. So lamented political philosopher Michael Oakeshott in a series of essays published in the 1940s and 1950s. Rationalism, for Oakeshott, is shorthand for a propensity to prioritise the universal over the local, the uniform over the particular and, ultimately, principle over practice. It culminates in the triumph of abstract principles over practical knowledge in a manner that erodes our ability to engage in political activity. Although Oakeshott's critique was made with the practice and study of politics in mind, it has a wider relevance. Rationalism, as we see it, has become the dominant style in public law. We draw upon Oakeshott's critique to elucidate the risks associated with rationalism in public law and call for a renewed engagement with practical knowledge in the study of the constitution.