Identity Diversity And Constitutionalism In Africa

In this innovative and stimulating volume, Francis Deng outlines a new relationship between governments and societies--a relationship informed by Western concepts but based on traditional African values such as respect for human dignity, equality, and self-rule.

Despite decades of nation-building exercise, ethnic-based claims for substantive equality, justice and equitable political inclusion and socio-economic order continue to result in communal rivalries. These are claims that define and represent the issue of minorities in Africa, of which these conflicts are manifestations. Although ethnic conflicts in Africa have been a subject of a large number of studies, the potential and role of norms on minority rights to address claims that ethno-cultural groups raise has not received the attention it deserves. Based on materials from normative political theory and international human rights law and using an empirical and prescriptive analysis, this book defends a robust system of minority rights built around culture, equality and self-determination. This is employed to elaborate an adequate constitutional design providing policy frameworks (multilingual language policy, recognition and affirmation of cultural diversity,), structures (that ensure just representation and participation of members of all groups) and norms (that guarantee substantive equality and the rights to language, religion and culture). The study then proffers two cases studies (South Africa and Ethiopia) to ascertain how such constitutional design might be translated into actual policy frameworks, institutions and norms.

In its modern history, Africa has experienced different waves of constitutional ordering. The latest democratisation wave, which began in the 1990s, has set the stage over the past decade for what is now a hotly debated issue: do recent, new, or fundamentally revised constitutions truly reflect an African constitutional identity? Thoughtfully navigating a contested field, this volume brings to the fore a number of foundational questions about African constitutionalism. Constitutional Identity and Constitutionalism in Africa asks whether the concept of constitutional identity clarifies our understanding of constitutional change in Africa, including an exploration of the relationship between constitutional identity and a country's unique culture(s) and histories. Building on this, contributions examine the persistent role of colonial heritages in shaping constitutional identity in post-Independence African nations, and the question of path-dependency. Given the enduring influence of the colonial experience, the volume asks how, why, and to what end African constitutions must be 'decolonised' to form an authentic constitutional identity. This theoretical insight is supplemented and further deepened by detailed case studies of South Africa, Ethiopia, Cape Verde, Cameroon, and Egypt and their diverse experience of constitutional continuity and change. This volume in the Stellenbosch Handbooks in African Constitutional Law series, brings together contributions from established scholars and emerging voices on the study of constitutional processes. They provide an urgent critical analysis of existing paradigms, concepts and normative ideologies of modern African constitutionalism in the context of constitutional identity.

This book examines how the interplay between globalization and the assertion of local identities is reshaping the political landscape of Africa. While defending their values against external forces, people simultaneously – and paradoxically – use the interconnectivity of global networks to maximize their particular interests. Focusing on the relation between national identity and state formation, the authors explore the far-reaching consequences of these contradictory dynamics. Although Africa shares many common trends with other parts of the world, it also displays distinctive features. A region characterized by the increased mobility of people, goods and ideas challenges some conventional assumptions of statecraft and also highlights the advantages of federalism – not merely as a constitutional option, but as a pragmatic device for managing diversity and holding fragile states together. The book further explores emerging types of state formation in the same political space, as exemplified by the combination of elements of a kingdom, an independent state and a national power base in the province of KwaZulu-Natal and the careful crafting of an alternative state within a state by the Solidarity Movement in South Africa. Informed by examples and case studies drawn from different parts of Africa, this book will be of great interest to students and scholars of Africa, politics, sociology, media studies and the social sciences more generally.

How federalism can be used to provide recognition and accommodate ethnic groups is an important topic, not only in Africa, but in multi-ethnic communities around the world. Examining how institutions of multi-ethnic states have been designed to accommodate ethnic diversity while at the same time maintaining national unity, this book locates institutional responses to the challenges of ethnic diversity within the context of a federal arrangement. It examines how a federal arrangement has been used to reconcile the conflicting pressures of the demand for the recognition of distinctive identities, on the one hand, and the promotion of political and territorial integrity, on the other. Comparative case studies of South Africa and Ethiopia as the two federal systems provide a contrasting approach to issues of ethnic diversity. Suggesting new ways in which federalism might work, the author identifies key institutions lessons which will help to build an all-inclusive society.

The Fourth Congress of the Association of African historians was held in Addis Ababa in May 2007. These 21 papers are a key selection of the papers presented there, with an introduction by the distinguished historian Bahru Zewde. Given the contemporary salience and the historical depth of the issue of identity, the congress was devoted to that global phenomenon within Africa. The papers explore and analyse the issue of identity in its diverse temporal settings, from its pre-colonial roots to its cotemporary manifestations. The papers are divided into six parts: Pre-Colonial Identities; Colonialism and Identity; Conceptions of the Nation-State and Identity; Identity-Based Conflicts; Migration and Acculturation; and Memory, History and Identity. The authors are scholars from Benin, Botswana, Cameroon, the Democratic Republic of Congo, Ethiopia, Mali, Nigeria, Senegal, South Africa and Zimbabwe. Bahru Zewde is Emeritus Professor of History at Addis Ababa University, Executive Director of the Forum for Social Studies, and Vice-President of the Association of African Historians. He was formerly Chairperson of the Department of History and Director of the Institute of Ethiopian Studies at Addis Ababa University. Amongst his publication is A History of Modern Ethiopia 1855-1991.

This study provides a refreshingly in-depth analysis of the strengths and weaknesses of constitutional provisions for managing the challenges of race, religion, ethnicity, citizenship, civil liberties and civil-military relations in Africa's transitional democracies.

A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.