African Union (Au): Convention on Preventing and Combating Corruption

2004 ◽  
Vol 43 (1) ◽  
pp. 5-17
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Good Governance ◽  
Economic Transformation ◽  
African Union ◽  
Political Rights ◽  
Popular Participation ◽  
The Rule Of Law ◽  
The World ◽  
Council Of Ministers

Considering that the Constitutive Act of the African Union recognizes that freedom, equality, justice, peace and dignity are essential objectives for the achievement of the legitimate aspiration of the African peoples; Further Considering that Article 3 of the said Constitutive Act enjoins Member States to coordinate and intensify their cooperation, unity, cohesion and efforts to achieve a better life for the peoples of Africa; Cognizant of the fact that the Constitutive Act of the African Union, inter alia, calls for the need to promote and protect human and peoples' rights, consolidate democratic institutions and foster a culture of democracy and ensure good governance and the rule of law; Aware of the need to respect human dignity and to foster the promotion of economic, social, and political rights in conformity with the provisions of the African Charter on Human and People's Rights and other relevant human rights instruments; Bearing in mind the 1990 Declaration on the Fundamental Changes Taking Place in the World and their Implications for Africa; the 1994 Cairo Agenda for Action Relaunching Africa's Socio-economic Transformation; and the Plan of Action Against Impunity adopted by the Nineteenth Ordinary Session of the African Commission on Human and Peoples Rights in 1996 as subsequently endorsed by the Sixty fourth Ordinary Session of the Council of Ministers held in Yaounde, Cameroon in 1996 which, among others, underlined the need to observe principles of good governance, the primacy of law, human rights, democratization and popular participation by the African peoples in the processes of governance.

The African Union's Capacity in Promoting Good Governance

2006 ◽  
Vol 3 (2) ◽  
pp. 317-340 ◽  
Author(s):  
Sevidzem Stephen Kingah
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
African Union ◽  
Democratic Institutions ◽  
Popular Participation ◽  
The Rule Of Law ◽  
The People ◽  
The World ◽  
Democratic Principles

AbstractIn the spirit of the Constitutive Act of the African Union we must work for a continent characterized by democratic principles and institutions which guarantee popular participation and provide for good governance. Through our actions, let us proclaim to the world that this is a continent of democracy, a continent of democratic institutions and culture. Indeed, a continent of good governance, where the people participate and the rule of law is upheld.

Democracy and Good Governance

2018 ◽  
pp. 733-749 ◽  
Author(s):  
W. Andy Knight
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Good Governance ◽  
National Level ◽  
Democratic Deficit ◽  
The Rule Of Law ◽  
The World ◽  
Quality Of Governance

This chapter examines the UN’s role in promoting and encouraging democracy and good governance. The world organizations is in a pivotal position to help promote and strengthen the global norm that posits that democracy validates the quality of governance today. In order to be considered ‘democratic,’ governments should not only hold periodic free and fair elections and demonstrate the ability to govern inclusively and humanely. In addition, they should also respect human rights and the rule of law. Concurrently, the chapter argues that the UN should practice what it preaches and address its own democratic deficit, even as it helps to strengthen democracy at the national level.

The Clinton Administration and Africa: A View from Nairobi, Kenya

1998 ◽  
Vol 26 (2) ◽  
pp. 70-74
Author(s):  
Korwa G. Adar
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Rule Of Law ◽  
Driving Force ◽  
Good Governance ◽  
Clinton Administration ◽  
African Continent ◽  
Post Cold War ◽  
The Rule Of Law ◽  
Human Rights Movement

There is nothing more fundamental to Africans who are concerned with the future of the African continent than the issues of democracy, human rights, good governance, and the rule of law. These basic human liberties, among other concerns, constitute the central driving force behind what is often referred to as Africa’s “second liberation.” The primary purpose of this article is to assess the Clinton administration’s role in this second liberation, particularly in terms of its involvement in issues of democracy and human rights. This assessment is offered from the perspective of an individual who has been directly involved in the prodemocracy and human rights movement in Kenya. This article focuses on whether the Clinton administration’s policies are still heavily influenced by classic U.S. conceptions of realpolitik, or if enlightened leadership more in line with a neo-Wilsonian idealpolitik—as official rhetoric suggests—has permitted a fundamental departure in favor of a more coherent and tangible democracy and human rights foreign policy stance in the post-Cold War era.

The Role and Development of the Ombudsman System in the Maghreb A ‘Measure’ of Democracy?

2019 ◽  
Vol 54 (7) ◽  
pp. 1066-1083
Author(s):  
Francesco Tamburini
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Transition To Democracy ◽  
North African ◽  
The Rule Of Law ◽  
The World ◽  
Shed Light

The institution of the Ombudsman is aimed at defending values such as human rights and the respect for the rule of law against any form of abuse or arbitrariness. Many academic studies have been devoted to the Ombudsman in its different developments around the world, but not to the Maghreb area. This article wants to shed light on the characteristics of the Ombudsman in Algeria, Mauritania, Morocco and Tunisia. The comparative exam of the different North African Ombudsmen will point out how the institution was able to survive only in states where a transition to democracy was truly in place.

Promoting the Rule of Law through the Principle of Subsidiarity in the African Union: A Critical Perspective

2019 ◽  
Vol 8 (1) ◽  
pp. 27-51
Author(s):  
O’Brien Kaaba ◽  
Babatunde Fagbayibo
Keyword(s):  
Rule Of Law ◽  
Good Governance ◽  
Eastern Africa ◽  
African Union ◽  
Critical Perspective ◽  
Regional Economic ◽  
Strict Adherence ◽  
The Rule Of Law ◽  
The Relationship ◽  
Consistent Approach

The relationship between African Union (AU) and Regional Economic Communities (recs) frameworks, especially as it relates to the application of the principle of subsidiarity to intervention that aims to ensure strict adherence to democratic standards, is at the heart of this article. Although there exists a 2007 ‘Draft Protocol on the Relations Between the African Union and the Regional Economic Communities’, it is yet to be adopted, and more importantly, its provisions are ambiguous. The same problem of ambiguity applies to the 2008 ‘Memorandum of Understanding (mou) on Cooperation in the Area of Peace and Security Between the African Union, The Regional Economic Communities and the Coordinating Mechanism of The Regional Standby Brigades of Eastern Africa and Northern Africa’. The lack of a consistent approach to situations in Burundi, The Gambia and Zambia, has since raised the question of subsidiarity, or to put it more specifically, the vague articulation of the concept in the AU. In redressing this problem, the article provides some normative suggestions on how to ensure the effective application of the principle of subsidiarity in advancing democracy and good governance in Africa.

scholarly journals Ordre du droit et droit de l'ordre

2005 ◽  
Vol 28 (3) ◽  
pp. 699-729
Author(s):  
Jacques Zylberberg
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
The State ◽  
Political Rights ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Civil And Political Rights

This essay undertakes a review of national and international law to demonstrate that law is mainly an ideological and variable instrument of the State and of the United Nations, which is a by-product of the states. In this perspective, the author opposes the pragmatical ideology of resistance against the sovereign state to the juridical legitimation and the behaviour of the States who reluctantly have conceded some civil and political rights. Those rights are endangered by the growing bureaucratization of the state, the inflation of the juridical norms and rules, in addition to the permanent repressive characters of the State. The criticism of the contradiction and the variation of the rule of law when it relates to "human rights" is also extended to international law as well as to the international organizations.

Laurie Salitan: Human Rights under Gorbachev

1989 ◽  
Vol 17 (1) ◽  
pp. 21-25 ◽  
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Constitutional Reform ◽  
Political Rights ◽  
Fundamental Issue ◽  
Soviet System ◽  
Economic Rights ◽  
The Rule Of Law ◽  
Entire Process ◽  
Civil And Political Rights

As everybody is well aware, human rights is an extremely broad topic, so what I would like to do is make a few basic points with some illustrations and then sum up with some ideas and discussion. Much of the grand scheme for reforming the Soviet system has touched on issues that fall under the rubric of human rights, broadly construed. Human rights discussions are no longer constrained by the traditional Soviet emphasis on social and economic rights and now encompass a variety of civil and political rights. As I see it, the fundamental issue with respect to human rights is the propping up of the rule of law. The concept of the rule of law has been elevated to previously unknown heights and is extolled as a fundamental underpinning of the entire process of democratization. It lends itself to the reduction of arbitrary actions (or at least it should), it encourages glasnost', and it enhances support for perestroika because it is intrinsic to any process of democratization. This reliance on the rule of law is absolutely essential as a component of any process that is linked to de-Stalinization. The abuses of the Stalin years are routinely excoriated, and the message being conveyed is that constitutionally guaranteed rights of citizens will be upheld, constitutional reform will proceed, and legislation will be enacted to protect a host of rights not addressed by the Constitution.

scholarly journals A human rights-based approach: A gate to development of African women's land rights?

2012 ◽  
Vol 2 (1) ◽  
pp. 99-123 ◽  
Author(s):  
Karin Tengnäs
Keyword(s):  
Human Rights ◽  
International Development ◽  
Rule Of Law ◽  
Large Scale ◽  
Good Governance ◽  
Development Cooperation ◽  
The Rule Of Law ◽  
Land Acquisitions ◽  
Large Scale Land ◽  
Human Rights Based Approach

The global competition for African land is at a historical peak. Local effects of large-scale land acquisitions depend on multiple factors, but women's rights and livelihoods are generally very fragile due to historical and contemporary injustices. Good land governance is important for turning the land acquisitions into equal and equitable development opportunities. The human rights-based approach promotes good governance by adding strength and legal substance to the principles of participation and inclusion, openness and transparency, accountability and the rule of law, and equality and nondiscrimination. By empowering rights-holders and enhancing duty-bearers' capacity, international development cooperation can lead to wider and more gender-balanced inclusion of civil society in negotiations of large-scale land acquisitions and greater adherence of duty-bearers to the rule of law. This is especially important in African countries with large amounts of land and weak legal and institutional frameworks to protect rights, especially those of women.

scholarly journals Rule of Law

2015 ◽  
Vol 6 (1) ◽  
pp. 38-50 ◽  
Author(s):  
Gopala Anjinappa
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Rule Of Law ◽  
Good Governance ◽  
Legal Framework ◽  
Global Dimension ◽  
Vital Role ◽  
The Rule Of Law ◽  
Primary Means ◽  
Economic Imbalances

The world as a whole has developed in the global dimension and has flourished with prosperity. But still one can see the hurdles in the development process. One of such impediments is poverty and the other is the environmental problems. Poverty results in violation of human rights. The rule of law is crucial and is one of the means to strengthen these hurdles. One of such escalation is on the environmental development wherein it strives for achieving sustainable development and eradication of poverty. The rule of law plays a vital role in reducing extreme poverty with emphasizing on human rights. It is the very essence and the core of Good Governance. Without the principles of the rule of law, it will not be enough to achieve sustainable development and eradication of poverty. The rule of law strengthens to provide intense legal framework. It works as an effective mechanism for the enforcement of law. Innovative methods are undertaken to aim in the enforcement of sustainable development and eradication of poverty. The paper implies on effectiveness of the rule of law in providing sustainable development policies. It analyses the legal framework in India that contributes in maintaining economic imbalances. The paper explores the role of Indian Judiciary and the classic Judgments of Supreme Court of India. Keeping in view the importance of sustainable development and eradication of poverty, the paper contributes to explore the significance of the rule of law in achieving the objective of the nation. “Development is one of the primary means of improving the environment for living, or providing food, water, sanitation and shelter, of making the deserts green and the mountains habitable” (Indira Gandhi, 1972).

scholarly journals Anti-Corruption Policy Strategies for Nigeria towards National Development: Evidence from Least Corrupt Countries

2019 ◽  
Vol 4 (2) ◽  
pp. 1-8
Author(s):  
Adeniran Adetayo Olaniyi
Keyword(s):  
Rule Of Law ◽  
Role Models ◽  
Good Governance ◽  
National Development ◽  
Political Leaders ◽  
The Rule Of Law ◽  
Guiding Principle ◽  
The World ◽  
Policy Strategies ◽  
Set Up

Anti-corruption policy strategies in Finland and Singapore were examined, and lessons were drawn for Nigeria. Finland and Singapore were chosen because they are among the least fifth corrupt countries in the world from 2010 to 2017, and they have different norms. Another reason is that the norm in Finland is fairly similar to the norms of Sweden, Denmark, Norway, New Zealand, and Australia which are also among the least corrupt countries in the world, while the norm of Singapore is fairly similar to Hong Kong and Japan which are also among the least corrupt countries in the world. It was revealed that the case of Nigerian society is similar to that of Singaporean society. In Finland, it was observed that anti-corruption measures and institutions are weak as it does not have a separate unit dedicated to investigate or prosecute corruption-related offences, but there is a guiding principle such that anti-corruption measures are integrated into general good governance policy grounded on the rule of law. Also in Singapore, anti-corruption was achieved through anti-corruption policy that has been in existence since the year 1959, although there was a situation of deplorable condition and widespread corrupt practices, but the new government in the late 1950s set up a strategy which resulted that top political leaders set themselves as role models for civil servants and showing zero tolerance for corrupt behaviour. Finally, recommendations were suggested.

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