Understanding the role of ethics and compliance in public institutions : perspectives of United Nations and African Union employees in the selected African states

2019 ◽  
Vol 7 (31) ◽  
pp. 89-110
Author(s):  
Emmanuel Shindika ◽  
◽  
Priviledge Cheteni ◽  
2016 ◽  
Vol 3 (1) ◽  
pp. 115-131
Author(s):  
Mbuzeni Mathenjwa

The place and role of local government within the structure of government in Africa has attracted much public interest. Prior to and after independence, African countries used local government as the administrative units of central governments without their having any legal status, to the extent that local authorities were under the strict control of central governments. The autonomy of local government is pivotal in the democratisation of a country. The United Nations, European Union and African Union have adopted treaties to promote the recognition and protection of local government in the state parties’ constitutions. Accordingly, this article explains the status of local government in Africa and its impact on strengthening democracy in African states.


2018 ◽  
Vol 26 (1) ◽  
pp. 84-107 ◽  
Author(s):  
Jeremy Sarkin

This article examines how effective the African Union (AU) has been in pushing states to be more democratic in nature and to respect, protect, fulfil and promote the human rights of their inhabitants. It reviews the political role of the AU in this regard using the situation in Swaziland to do so. The article also examines Swaziland at the United Nations’ Universal Periodic Review (UPR) process as a comparative tool.


Author(s):  
Tiyanjana Maluwa

For decades, debates about Africa’s contribution to the development of international law have been dominated by two opposing schools of thought. First, that European colonial powers deliberately erased Africa and Africans from the history of the creation and use of international law. Second, that, on the contrary, over the last six decades (since the emergence of the newly independent African states in the late 1950s and early 1960s), Africa has contributed to the making of international law and has not been merely a passive recipient of a Eurocentric international law. This article underscores the role of the postcolonial periphery in the scheme of modern international law by highlighting specific examples of African states’ contributions to international legal norms through multilateral treatymaking. To that end, this article assesses a number of African Union and Organisation of African Unity treaties for their content, relevance, and impact. It concludes that postcolonial African states have been active participants in developing new rules of international law—and strengthening existing ones—through the adoption of path-breaking conventions that work to either (1) establish African commitment to new norms with potential global application or (2) supplement existing global (United Nations) instruments with commitments specific to the African context. It also shines a light on the desirability and pertinence of regional diversity in the continuing development and application of international law, and on the changing geographies of international lawmaking.


2010 ◽  
Vol 38 (1) ◽  
pp. 165-186 ◽  
Author(s):  
HIKARU YAMASHITA

AbstractThis article considers a conceptual framework for peacekeeping cooperation between the United Nations and regional organisations. It articulates the ‘subcontracting’ and ‘partnering’ modes of global-regional peacekeeping cooperation, and examines how they have been practiced through efforts to form institutional partnerships with the African Union (AU) and the European Union (EU). The article argues that there is incremental progress in institutionalising global-regional cooperation in peacekeeping, and yet managing such cooperation in the future requires a clearer understanding of the role of the UN in the globalisation of peacekeeping.


Author(s):  
Charles Riziki Majinge

SummaryThis article examines the role of regional arrangements under the Charter of the United Nations (UN Charter) in the maintenance of international peace and security. The African Union Peace and Security Council (AU PSC), the organ within the AU charged with addressing threats to international peace and security on the African continent, is used as a case study. The author contends that the major challenges facing regional arrangements in exercising mandates under Article 53 of the UN Charter of the United Nations have more to do with inadequate financial and logistical resources than the nature of those mandates. Taking the AU’s role in Somalia, Sudan, and other African countries as examples, the article demonstrates that the AU PSC has failed to achieve its objective of maintaining peace and security precisely because the United Nations (UN) Security Council — a more powerful and better resourced organ — has failed to live up to its responsibility of extending the assistance necessary to enable the AU PSC to perform its functions. Consequently, the author concludes that the UN Security Council, when delegating powers to regional arrangements to maintain international peace and security, should provide adequate resources to such regional arrangements, especially those that will otherwise have minimal or no capacity to fulfil their mandate effectively.


2012 ◽  
Vol 20 (1) ◽  
Author(s):  
Hassan Nur Halane

There has been a civil war in Somalia ever since the central government collapsed in 1991 which means there has been more then twenty years of domestic violence. To stop the fight, the United Nations Missions and other forces authorised by the UN Security Council have been deployed to Somalia such as the United Nations Operations (UNOSOM) and United Task Force (UNITAF), but none of those missions and forces have bore fruit and the civil war in the country has not come to an end. Furthermore, United Nations thought it has failed militarily whatever caused in Somalia but politically it has been present because immediately after its withdrawal from the country United Nation Office in Somalia (UNPOS) was established in 1995 in neighboring country in Kenya. However, in 2006 the situation deteriorated further when there was a bloody conflict between Islamic Courts and the Transitional Federal Government (TFG) heavily supported by Ethiopia which later resulted in military defeat of the former and two years presence of Ethiopian contingent in Somalia. Consequently, the situation came under the spotlight of African Union which later established African Union Mission in Somalia (AMISOM) which is currently operating in Somalia with the approval of the UN Security Council under its Resolution 1744. The idea of creating AMISOM is to assist (TFG) as well as to promote peace and stability in Somalia. 


2016 ◽  
Vol 13 (1) ◽  
pp. 74-99 ◽  
Author(s):  
Vassilis Pergantis

In the last decade, the United Nations and the African Union have forged a close partnership in matters of international peace and security. This article attempts to shed light on the multifaceted role of the un in the strategic and operational planning and evolution, as well as the funding, of regional (African Union) peace support operations. Such involvement goes well beyond a simple authorization by the un Security Council and raises crucial questions in respect of the allocation of responsibility between the un and the African Union. The analysis of the relevant responsibility allocation clauses showcases that a holistic approach should be adopted that does not micromanage the different aspects of the un involvement in regional missions, but treats them as an aggregate that should be taken into account as a whole when allocating responsibility. Otherwise, the soft or indirect (but crucial) influence exercised by the un will inevitably escape responsibility.


2020 ◽  
Vol 28 (2) ◽  
pp. 298-318
Author(s):  
Roman Girma Teshome

The effectiveness of human rights adjudicative procedures partly, if not most importantly, hinges upon the adequacy of the remedies they grant and the implementation of those remedies. This assertion also holds water with regard to the international and regional monitoring bodies established to receive individual complaints related to economic, social and cultural rights (hereinafter ‘ESC rights’ or ‘socio-economic rights’). Remedies can serve two major functions: they are meant, first, to rectify the pecuniary and non-pecuniary damage sustained by the particular victim, and second, to resolve systematic problems existing in the state machinery in order to ensure the non-repetition of the act. Hence, the role of remedies is not confined to correcting the past but also shaping the future by providing reforming measures a state has to undertake. The adequacy of remedies awarded by international and regional human rights bodies is also assessed based on these two benchmarks. The present article examines these issues in relation to individual complaint procedures that deal with the violation of ESC rights, with particular reference to the case laws of the three jurisdictions selected for this work, i.e. the United Nations, Inter-American and African Human Rights Systems.


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