The role of African universities in the protection of the rights of indigenous peoples: A development agenda

Before the emergence of the United Nations at the end of the Second World War, human rights were generally scantily recognised in international law and, even under the UN Charter of 1945, indigenous peoples received merely tacit reference. Since the 1970s, however, several normative instruments have been adopted to give recognition to the rights of indigenous peoples as a distinct component of international human rights law. With the further adoption of the Declaration on the Rights of Indigenous Peoples by the UN General Assembly in 2007, the subject has assumed new dimensions with the possibilities of new vistas. What, for instance, is the role of African universities in the promotion and protection of the rights of indigenous peoples as critical agents in the global human rights and development agenda? The purpose of this article, among others, is to synthesise the strategic approaches to the rights of indigenous peoples and to accentuate a more informed conceptualisation of what the role of African universities on this subject ought to be, and must be, in the light of the dynamic opportunities of the post-2007 era.     

Kenya's foreign policy in context (1963–2015)

Kenya matters regionally and globally. It is the economic powerhouse of East Africa and a long-standing hub for multilateral diplomacy; its positioning in a turbulent region has fashioned its profile as an anchor state in African peace and security. Until recently, Kenya's foreign policy orientation has situated it as a benign regional leader, but pressing developments in the regional and international environments have edged it towards a more assertive foreign policy position. This study constitutes a multilevel review of Kenya's foreign policy in the period 1963–2015, beginning with Jomo Kenyatta through to the current president, Uhuru Kenyatta. After evaluating contexts pertinent to the analysis of Kenya’s foreign policy, the fundamental principles, objectives and pillars of the current foreign policy are unpacked.     

South Africa and Namibia: Aspects of a relationship,historical and contemporary

South Africa occupied Namibia for 75 years. After that occupation ended in 1990, numerous ties between the two countries continued to exist and their economies are still intertwined more than 25 years later. In both countries the liberation movements that fought apartheid and then came to power are still in power. This might suggest that the relationship between the two countries would be a particularly close one. When the leaders of the two countries meet, as they regularly do, they speak of fraternal relations and point to ways in which the two countries are working together to enhance co-operation and regional integration. However, the relationship is a very unequal one, and the small state of Namibia retains suspicions of the regional hegemon, suspicions that have a long history. Areas of tension between the two states therefore remain. This paper considers aspects of their bilateral relations, within the multilateral contexts of the Southern African Customs Union and the Southern African Development Community.     

Exploring the role and place of the Permanent Representative Committee within the African Union

It can be confidently stated that, since its constitutive act came into effect in July, 2001, the African Union (AU) has enjoyed increasing attention at the administrative level from a number of scholars. Most of these scholars focus, however, on the evolution of the AU in general or on the Peace and Security Council and its components and how it links with regional organisations and the United Nations. This article adds to the existing literature by looking closely at the role and place of the Permanent Representatives Committee (PRC) in the decision-making framework of the AU. It also critically analyses the potential of the PRC and the challenges facing it as one of the most important decision-making committees of the AU. Lastly, it examines the evolution of the PRC and its functions. Finally, among other things, the article questions the lack of transparency practised by the PRC and proposes new approaches.     

Explaining the Crisis of the European Migration and Asylum Regime

Since 2013, the European migration and asylum regime has entered a phase of crisis, which reveals the deep interdependencies between its different components (including intra-EU mobility) and the unbalanced nature of its normative foundations. This original structural fragility had not fundamentally compromised the overall functioning of the regime until two major exogenous factors (the economic crisis, with its asymmetrical impact on the eurozone, and the wave of political instability and conflicts on the southern shore of the Mediterranean) brought its intrinsic limits to the point of rupture. The ongoing, highly contentious process of reform of the European migration and asylum regime is an unprecedented and crucially important test of the capacity of one the European Union’s key sectors to evolve under pressure and to adapt to a rapidly and deeply changing geopolitical, economic and demographic environment.     

Interview with Nathalie Tocci on the Global Strategy for the European Union’s Foreign and Security Policy

The Global Strategy for the European Union’s Foreign And Security Policy, “Shared Vision, Common Action: A Stronger Europe”, presented at the European Council on 24 June 2016 by Federica Mogherini, High Representative of the European Union for Foreign Affairs and Security Policy and Vice President of the Commission, was drafted by Nathalie Tocci, Deputy Director of the Istituto Affari Internazionali (IAI) and co-editor of The International Spectator. 

Given the importance of the document, we asked Nathalie for an interview and 18 foreign policy experts from around the world to comment on it.     

Europe under occupation: the European diplomatic community of practice in the Jerusalem area

ABSTRACT

This article shows how the existence of a community of European practitioners in the Jerusalem area gives substance to the European stance on the Israeli–Palestinian conflict. The often-stated European Union (EU) support for a two-state solution could appear meaningless in the absence of peace negotiations. However, European diplomats (i.e. diplomats of EU member states and EU officials) in the East Jerusalem–Ramallah area are committed to specific practices of political resistance to Israeli occupation and recognition of Palestinian institutions. These practices have led not only to a specific political geography of diplomacy, but also to a community of practice, composed of European diplomats and based on their daily experience of resisting occupation and bestowing recognition. It is this group of officials who represent and actively “do” Europe’s position and under occupation.     

Are lions democrats? The impact of democratization on economic growth in Africa, 1980–2010

If we look back at the past two decades, timing seems to point to a close connection between democratic reforms and economic growth in sub-Saharan states. Most countries in the area introduced multiparty politics and made dramatic – if incomplete – democratic progress between 1990 and 1994. Quite strikingly, it is exactly from 1994 to 1995 (and particularly from 2000) that the region began to undergo a period of significant economic progress. Because of the undeniable temporal sequence experienced in the region – that is, first political reforms, then economic growth – some observers pointed to a nexus between democratic progress and economic performance. But is there evidence in support of a causal relationship? As of today, no empirical research has been conducted on the democracy–growth nexus in the early twenty-first century's so-called “emerging Africa”. To fill this gap, we discuss the different arguments claiming an economic advantage of democracies, we present our theoretical framework and carry out an empirical analysis of the growth impact of political regimes in 43 sub-Saharan states for the entire 1980–2010 period. Our findings confirm that African countries, many of which had long suffered the combination of authoritarian rule and predatory practices, derived some economic dividends from democratic progress.     

The changing political culture of the African National Congress

The early elite of the African National Congress (ANC) embraced values of moral improvement, individual responsibility and a sense of social consciousness. The ANC now governs South Africa, but with what appears to be a different set of principles. The current scourge of corruption, increasing state control, coupled with a general lack of service delivery point to behaviour of the ruling party which is inward-looking, self-seeking and self-preserving. Arguing that political culture and its accompanying values and attitudes is a prime motivator of behaviour, the paper seeks to understand the changing political culture of the dominant party. To understand the political culture of the ANC we use interviews with ANC parliamentarians and ANC supporters conducted in 2006–2007 and 2013 as well as an analysis of the ANC's Strategy and Tactics policy documents. We contend that the liberal values of the early elites were never fully embedded, but in their stead is a liberationist culture, where the state is normatively understood to be extensive and embodying the will of the people. We argue, that through the resulting centralized determination of the interests of the people, patronage networks, and diminishing of accountability, a system conducive to corruption and the pursuit of personal interest is created.     

Casting Aside Clanking Medieval Chains: Prerogative,Statute and Article 50 after the EU Referendum

This article confronts the controversies surrounding Article 50 by analysing the relationship between statute and prerogative in the UK. The piece focuses on domestic constitutional issues and suggests a new way of classifying the relationship between statute and prerogative into two types falling under ‘the abeyance principle’ or ‘the frustration principle’. The abeyance principle means that where statute and prerogative overlap, the prerogative goes into abeyance. The frustration principle means that where statute and prerogative give rise to potential inconsistencies, but do not overlap, the prerogative cannot be used inconsistently with the intention of parliament as expressed in the relevant legislation. It then argues that Article 50 has the status of primary or ‘primary‐equivalent’ legislation which could justify applying the abeyance principle. This would mean that the trigger power would be exercised on statutory authority rather than through prerogative powers. If the courts are unable thus to construe the relevant legislation it argues EU law requires the courts to bridge the gap. Alternatively, if the abeyance principle is not applicable, it argues the frustration principle could apply but the circumstances in this litigation fall outside it. In the further alternative, EU law could require the frustration principle itself to be set aside in this case.