Arbitrary home demolitions in Zimbabwe and the right to adequate shelter: Case study of Arlington estate, Harare

Zimbabwe’s human rights obligations under international and domestic laws secure the rights to property, adequate shelter, freedom from arbitrary evictions, protection and benefit of the law, fair administrative action and due process. Despite these protections, however, the government has repeatedly and arbitrarily demolished homes in urban areas particularly in Harare in apparent disregard of these rights. This article presents the findings of a field study conducted in Harare in April 2016 following the demolition of over 100 homes in Harare’s Arlington suburb in January 2016. The methodology included a site visit of demolished homes and interviews with victims of the demolitions, the victims’ lawyers, members of civil society, journalists, officials of residents’ associations and the national human rights institution in Harare between 11 April - 15 April 2016. This primary data was complemented with a desk review of available literature. The study uses the Arlington evictions as a representative case study of what has emerged over the last few years as a pattern. The article therefore examines home demolitions and evictions in Harare with particular focus on the Arlington demolitions vis-a-vis Zimbabwe’s legal obligations under both domestic and international law. The findings reveal ambiguities in Zimbabwe’s domestic legal framework; an unregulated land allocation system; political indiscipline; and government bureaucracy and departmental infighting as some factors that have created room for the widespread arbitrary demolitions and related violations of human rights. The article concludes by making targeted recommendations

A cosmopolitan international law: the authority of regional inter-governmental organisations to establish international criminal accountability mechanisms

The overall aim of this thesis is to investigate the potential role of regional inter-governmental organisations (RIGOs) in international criminal accountability, specifically through the establishment of criminal accountability mechanisms, and to make a case for RIGOs’ active involvement. The thesis proceeds from the assumption that international criminal justice is a cosmopolitan project that demands that a tenable conception of state sovereignty guarantees humanity’s fundamental values, specifically human dignity. Since cosmopolitanism emphasises the equality and unity of the human family, guaranteeing the dignity and humanity of the human family is therefore a common interest of humanity rather than a parochial endeavour. Accountability for international crimes is one way through which human dignity can be validated and reaffirmed where such dignity has been grossly and systematically assaulted. Therefore, while accountability for international crimes is primarily the obligation of individual sovereign states, this responsibility is ultimately residually one of humanity as a whole, exercisable through collective action. As such, the thesis advances the argument that states as collective representations of humanity have a responsibility to assist in ensuring accountability for international crimes where an individual state is either genuinely unable or unwilling by itself to do so. The thesis therefore addresses the question as to whether RIGOs, as collective representations of states and their peoples, can establish international criminal accountability mechanisms. Relying on cosmopolitanism as a theoretical underpinning, the thesis examines the exercise of what can be considered as elements of sovereign authority by RIGOs in pursuit of the cosmopolitan objective of accountability for international crimes. In so doing, the thesis interrogates whether there is a basis in international law for such engagement, and examines how such engagement can practically be undertaken, using two case studies of the European Union and the Kosovo Specialist Chambers and Specialist Prosecutor’s Office, and the African Union and the (proposed) Hybrid Court for South Sudan. The thesis concludes that general international law does not preclude RIGOs from exercising elements of sovereign authority necessary for the establishment of international criminal accountability mechanisms, and that specific legal authority to engage in this regard can then be determined by reference to the doctrine of attributed/conferred powers and the doctrine of implied powers in interpreting the legal instruments of RIGOs. Based on this conclusion, the thesis makes a normative case for an active role for RIGOs in the establishment of international criminal accountability mechanisms, and provides a practical step-by-step guide on possible legal approaches for the establishment of such mechanisms by RIGOs, as well as guidance on possible design models for these mechanisms

The proposed Hybrid Court for South Sudan: Moving South Sudan and the African Union to action against impunity

The 2015 Agreement on the Resolution of the Conflict in the Republic of South Sudan provides quite ambitiously and laudably for the creation of the Hybrid Court for South Sudan under the auspices of the African Union. The article is an extract from the author’s 2016 LL.M. dissertation submitted to the University of Pretoria. It critically examines the salient features of the proposed court with the aim of testing the court’s ability to effectively address historical grievances and injustices in South Sudan. In so doing, the article draws lessons from similar mechanisms in Africa and beyond. It also interrogates the role of the African Union and South Sudan in operationalising this court. It reveals strengths as well as weaknesses in the proposed design of the court as well as in the ability of the African Union and South Sudan to fulfil their obligations. Despite these weaknesses, the article argues that by harnessing the strengths identified and learning from lessons from across the continent, the African Union (AU) and South Sudan can overcome the anticipated challenges and operationalise a hybrid court which will effectively deliver sustainable justice to the victims of international crimes committed during the South Sudan civil war

Seeking 'truth' after devastating, multi-layered conflict: The complex case of transitional justice in South Sudan

In August 2015, the Government of South Sudan and other parties to the country’s civil conflict signed a peace agreement, the Agreement on the Resolution of the Conflict in the Republic of South Sudan, aimed at ending the civil conflict that broke out on 15 December 2013. After this agreement failed to hold, South Sudan descended into a second wave of civil conflict. A recommitment to the agreement was secured through regional efforts on 12 September 2018. Dubbed the Revitalised Agreement on the Resolution of the Conflict in the Republic of South Sudan, the agreement provides a transitional justice architecture which includes a truth commission, a hybrid court and a reparations authority. This paper examines the potential of the proposed Commission for Truth, Reconciliation and Healing to contribute towards sustainable transitional justice solutions in South Sudan, based on contemporary standards and practice of transitional justice. Through historical, descriptive and analytical approaches, the paper grapples with South Sudan’s complex truth-seeking journey following years of multi-layered conflict

Pan-Africanism and development in the twenty-first century: A critical analysis of the New Partnership for Africa’s Development

In this chapter, we explore the Pan-African influence in the design and implementation of the New Partnership for Africa’s Development (NEPAD) framework with the aim of highlighting the place of Pan-Africanism in twenty-first century regional cooperation and development of Africa. The chapter highlights the strong influence of the Pan-African ideals and thoughts of independent Africa’s founding leaders such as Kwame Nkrumah, Sédar Senghor, Sékou Touré and Kambarage Nyerere in the NEPAD framework. The chapter argues that these ideals are as sound today as they were when they were first articulated. However, it identifies teething challenges in the framework’s implementation such as the misapplication or misconstruction of the Pan-African ideals underpinning NEPAD. As a way forward, the chapter suggests practical ways of objectively auditing NEPAD’s performance by revisiting and recommitting to its Pan-African founding principles. With revitalised Pan-Africanism, the chapter argues that the NEPAD framework can facilitate the rediscovery of the shared aspirations of African peoples to actively participate in the common development and prosperity of Africa

Actualising women’s participation in politics and governance in Africa: The case of Kenya and Ghana

Almost two decades into the 21st century, women are still not accorded a place of prominence in politics and governance, particularly in Africa. Using the examples of Kenya and Ghana, this article undertakes a critical analysis of the implementation of women’s right to participation in political and decision-making processes in Africa with a view to highlighting progress made, challenges faced and possible solutions to these challenges. Women’s right to participation in political life is enshrined in article 9 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (African Women’s Rights Protocol). The article argues that while some progress has been made towards implementing the above right, much more still needs to be done to achieve effective and transformative participation by women. The progress revealed is mainly in the domestication by national laws of the relevant international obligations. However, the article also notes a significant disconnect between the normative framework and actual participation of women. The two case studies expose an unimpressive lack of political will and persistent societal perceptions, together contributing to the failure to move beyond codification of laws to improvements in actual practice. With lessons learnt from these two countries, this article argues for collaborative effort among African countries to promote genuine intra-Africa learning allowing African states to share experiences, consolidate gains and innovate around common challenges. By so doing, African states can consolidate efforts towards breaking the current inertia and accelerate the actual implementation of article 9 of the African Women’s Rights Protocol. Overall, the article cast a spotlight on the need to refocus debates from standard-setting to actual implementation necessary to achieve transformative equality

Intractable conflicts in Africa: The international response to the Darfur and South Sudan crises

This article considers the intractable conflicts and human rightssituations in Darfur, Sudan and South Sudan, respectively, against theinternational responses they elicited. Intractable conflicts are conflicts that havelasted for a long time with resistance to settlement despite various attempts atintervention and conciliation. These conflicts from neighbouring nations haveboth elicited extensive engagement from the international and regionalcommunities but, while some clarity regarding the direction to be taken has beenachieved in the case of South Sudan, the situation in Darfur remains dire. Thearticle analyses the difference in the peace-building approaches in the twoconflicts and how these approaches have contributed to the different outcomes inDarfur and South Sudan. Following an exposition of intractability in theintroduction, the second section applies the factors identified to the case ofDarfur, confirming that this indeed is an intractable situation. It then considersthe international response to the conflict in Darfur and the mechanismsemployed by the global and the regional community in an attempt to addressthis conflict. The third section considers the situation in South Sudan and theinternational response, noting that efforts were led by the regional and sub-regional bodies, with the UN’s role being to complement these efforts. Themethodology employed is a comparative analysis, in which the internationaland regional legal and institutional responses to the crisis in South Sudan areanalysed with a view to identifying the lessons to be applied in addressing thesituation in Darfur, utilising theoretical and functional approaches to legal andpolitical interventions. The final section draws from the insights gained incomparing the international response in Darfur and South Sudan, and concludesby attempting to extract general principles about intractability and theeffectiveness of international responses to situations considered to be intractable,noting in particular the importance of regional and sub-regional bodies takingthe lead in efforts to resolve intractable conflicts