African Journal of Legal Studies 

About: African Journal of Legal Studies is an academic journal published by Martinus Nijhoff Publishers. The journal publishes majorly in the area(s): International law & Human rights. It has an ISSN identifier of 2210-9730. Over the lifetime, 130 publications have been published receiving 797 citations. The journal is also known as: AJLS.

Reconciliation in Post-Genocide Rwanda

Abstract: National reconciliation is a vague and 'messy' process. In post-genocide Rwanda, it presents special difficulties that stem from the particular nature of the Rwandan crisis and the popular participation that characterized the Rwandan atrocities. This article outlines the main approaches being used in Rwanda to achieve reconciliation, highlighting some of the major obstacles faced by these institutions. It then goes on to argue that certain 'Silences' are being imposed on the reconciliation process, including the failure to prosecute alleged RPA crimes, the lack of debate on, and the instrumentalization of, Rwanda's 'histories', the collective stigmatization of all Hutu as genocidaires, and the papering over of societal cleavages through the 'outlawing' of 'divisionism'. The role economic development can play in the reconciliation process is also discussed. Given the Government of Rwanda's central role in the reconciliation process and its progressive drift towards authoritarianism, the article ends with a reflection on the worrisome parallels between the pre and post-genocide socio-political contexts.

The Constitutional Protection of Socio-Economic Rights in Selected African Countries: A Comparative Evaluation

Abstract: This article evaluates the extent to which a few selected African countries have incorporated socio-economic rights in their constitutions, the mechanisms through which such rights are realised, the challenges such realisation entails and the approach taken by the courts and other human rights institutions in those countries towards the realisation and enforcement of those rights. The survey examines South Africa, Namibia, Uganda and Ghana. Apart from the logical geographical spread, all these countries enacted their present constitutions around the same time (1990 to 1996) in an attempt to transform themselves into democratic societies. In a sense, these countries can be seen as transitional societies, emerging as they have done, from long periods of apartheid and foreign domination or autocratic dictatorships. The latter is true for Uganda and Ghana while the former refers to South Africa and Namibia. The article concludes that South Africa has not only made the most advanced constitutional provision for socio-economic rights, it has also taken the lead in the judicial enforcement of such rights, an experience from which the other countries in the survey can learn.

The Emerging Role of the Constitutional Value of Ubuntu for Informal Social Security in South Africa

Abstract: This paper explores the significance of the African value of ubuntu within the context of social protection. The paper argues that ubuntu as a constitutional value plays a crucial role in supporting the existence of informal social security in South Africa. It concludes by reflecting the overarching potential that the traditional African value has for influencing the social protection and enhancing family solidarity in the South African context.

Violence, Amnesty and Transitional Law: “private” Acts and “public” Truth in South Africa

Abstract: Whereas amnesty is generally associated with impunity and denial, in South Africa, amnesty was pulled into the reach of justice and reconciliation. This article assesses the extent to which South Africa's amnesty fulfilled these normative goals. It centers on the difficulty of differentiating between “private” acts and “political” crimes deserving of amnesty. It argues that the determination of political crimes obfuscated the full extent of apartheid violence and responsibility for it. Consequently, the amnesty process produced a truncated “truth” about apartheid violence that was insufficient to the task of overcoming the past. This is in part an intractable problem embedded in the conflicting tasks of transitional law. The lesson of hope that South Africa offers to other transitional nations is that amnesty should be wound into the promises of democracy without creating false expectations of reconciliation or simplistic truths about the past.

‘UhuRuto’ and Other Leviathans: The International Criminal Court and the Kenyan Political Order

Abstract: The International Criminal Court’s intervention in Kenya emerged from a complex and contested political history, with different actors advocating for domestic solutions and others arguing for an international legal process in The Hague. Earlier positions have been disavowed and others have changed in the dynamic Kenyan political environment. The icc intervention has produced a number of political effects, including the imbrication of the icc process with electoral politics. This article takes up the case study of the Kenyan situation as a site of political contestation mediated through legal discourse. It considers these dynamics on two registers: at the geopolitical level (considering the relationships between the icc, the African Union, and the United Nations Security Council) as well as at the domestic level (both state and civil society). By tracing the discourses through which these contestations transpire, this article highlights some of the themes, strategies, and practices through which the icc’s intervention has been received.