By Chandra Lekha Sriram, Olga Martin-Ortega, Johanna Herman
The promoting of the guideline of legislations has develop into an more and more very important component of peacekeeping and peacebuilding operations, fairly in Africa, the place there were a variety of inner armed conflicts and missions over the past decade.
This booklet explores the increasing overseas efforts to advertise rule of legislation in nations rising from violent clash. With a spotlight on Africa, the authors seriously examines the effect of those actions with regards to liberal peacebuilding, rule of legislation associations, and the diversity of non-state prone of justice and defense. in addition they check the virtues and boundaries of rule of legislation reform efforts, and coverage possible choices. It brings jointly professional students and practioners from politics, legislation, anthropology and clash reviews, and contours unique case reviews on Rwanda, Liberia, Sierra Leone, Sudan, and the Democratic Republic of Congo.
Making a tremendous contribution to debates approximately peacebuilding, and helping particular efforts in reforming the guideline of legislation after clash, this e-book may be of curiosity to scholars and students of diplomacy, legislation, African politics, post-conflict reconstruction, peace and clash reports, in addition to practitioners within the UN, improvement companies and NGOs.
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Additional info for Peacebuilding and Rule of Law in Africa: Just Peace?
Sample text
With regards to issues of inheritance, for example, a complex yet loose array of expectations has framed many processes, as opposed to a fixed set of rules. If the former were not met, no formal legal punishment was enforced; instead recourse would be taken to ‘levelling’ socio-cultural forces such as witchcraft or rumours carrying accusation. In order to maintain social order, local juridico-political authorities such as chiefs would impose sanctions in spaces beyond that of the statutory tribunal.
5 Throughout the continent, colonial regimes of power maintained aspects of precolonial customary law and local forms of conflict resolution deemed not contrary (‘repugnant’) to Western forms of justice or morality, reshaping them in some instances through codification. This historical context, which forms a first, general frame of contemporary systems of traditional justice, generated dual legal regimes, in particular in former British colonies, Traditional justice as rule of law in Africa 27 currently governed through common law.
18 Former Portuguese colonies have to some extent followed the Francophone system, within a Roman Law general framework, yet it must be noted that MPLA and FRELIMO in Angola and Mozambique, respectively, engaged in radical reform of local governance and citizenship through an official ban on chieftaincy and customary law enforced in the immediate postindependence period. 19 Other radical regimes such as the Ethiopian one have also attempted to abolish various facets of customary law through legislative reform.
