African Studies Commons^™

Editorial Board

SAIPAR Case Review

No abstract provided.

Rights Vs Rules: A Commentary On Nathan Mubanga (Suing As The Father And Next Friend Of A Minor Cm) And Anor V Attorney General (2023/Hp/0403) Zmhc3 (19 February 2025), Chanda Mwape

SAIPAR Case Review

The High Court of Zambia upheld a school's refusal to admit a Rastafari child with dreadlocks. The author argues that the Court erred by failing to consider regional jurisprudence, international human rights trends, and the historical context of discrimination against natural African hair. The piece contends that requiring Rastafari children to cut their dreadlocks to access public education effectively denies them their rights to education, freedom of religion, and protection from discrimination.

Brenda Mpashi V Attorney General And Anor (2024/Ccz/005) [2025] Zmcc 4 (20 February 2025): The Constitutionality Of Ouster Clauses In A Democratic And Constitutional Dispensation, Mwami Kabwabwa, Madrine Mukabili

SAIPAR Case Review

Transformative constitutionalism requires Courts to adjudicate in a manner that advances substantive justice, protects rights, and ensures that all exercises of public power are justified in constitutional terms. In Brenda Mpashi, the Constitutional Court adopted a formalistic interpretive approach that prioritised administrative finality over constitutional accountability. By accepting Regulation 10A as an effective ouster clause, the Court insulated presidential action from judicial scrutiny and weakened the culture of justification, which is a fundamental principle in a constitutional democracy.

A more transformative approach would have scrutinised the constitutionality of the ouster clause, assessed its compatibility with Article 18(9) and the principle …

Digital Currency In Legal Limbo, From Uncertainty To Precedent In Tanzania: Yellow Card (T) Ltd Vs. Nyamwero Michael Nyamwero (Hc: Commercial Case No. 12171 Of 2024), Jackson Simango Magoge

SAIPAR Case Review

The abstract below was generated using artificial intelligence. It has not been endorsed by the author.

This article analyzes Yellow Card (T) Ltd v. Nyamwero Michael Nyamwero (HC Commercial Case No. 12171 of 2024), a landmark Tanzanian case addressing the legal status of cryptocurrency transactions in a jurisdiction lacking a formal regulatory framework. The dispute arose from the alleged misappropriation of funds by a former company director and his subsequent breach of a settlement agreement requiring repayment. The court held in favor of the plaintiff, concluding that although cryptocurrency activities remain unregulated in Tanzania, they are not inherently illegal. Accordingly, …

Editorial Note, O'Brien Kaaba, Emmanuel Nyambe

SAIPAR Case Review

No abstract provided.

Review Of: The Life And Thought Of H. Odera Oruka: Pursuing Justice In Africa, Robert Press

The Journal of Social Encounters

No abstract provided.

Review Of: Election 2024 South Africa: Countdown To Coalition, Gary Prevost

The Journal of Social Encounters

No abstract provided.

Darfur And Sudan Recommended Webinars

The Journal of Social Encounters

No abstract provided.

Escalation Pathways To The April War And The Dynamics Of Sudan's Political Economy, Salih Mustafa, Osama Hassan, Nagi Alassam

The Journal of Social Encounters

This paper analyzes the escalation processes that led to the outbreak of the April 2023 war in Sudan, based on Wolfram Lacher's theoretical framework of "escalation processes". The paper focuses on tracing the escalatory trajectories that preceded the war, analyzing the complex interplay between structural, political, and economic factors, as well as the impact of the political economy on the dynamics of the conflict and its escalation to full-scale war.

The Sudanese Identity In The Mirror Of Colonial And Post-Independence History, Abdalla Galaleldeen

The Journal of Social Encounters

After independence, Sudan’s political elite adopted colonial-inspired policies that sought to divide the country into North and South (Arabs versus Africans). This policy was further reinforced by the civil wars and by the failures of the Sudanese political elite to construct a cohesive national identity. In the post-independence period, one elite group aligned itself with an Arab identity, while another embraced an African identity. Logically, therefore, both identities—Islamic-Arab and African—encompass the majority of the population. Yet, while Islamists and Africanists each claimed to represent this majority, neither addressed the contradictions inherent in their positions. As the tension between the Islamic-Arab …

The Conflict In Sudan: An Overview, Mad Gabriel

The Journal of Social Encounters

It has been more than two years since the war erupted in Sudan. Although the crisis initially started between two warring parties, it has expanded beyond the two with the involvement of multiple actors. However, the current conflict is complicated and has deep historical origins. It increased after the 2019 revolution, with the Sudanese Armed Forces (SAF) and Rapid Support Forces (RSF) battling for power and control. On the other hand, the situation has deteriorated dramatically, as the economy suffered from the continuation of the war, according to the International Monetary Fund (IMF). Additionally, Health systems have crumbled, schooling has …

Sudan: A War Of Atrocities Report Of The Independent International Fact-Finding Mission For The Sudan, - Annual Report Of The United Nations High Commissioner For Human Rights And Reports Of The Office Of The High Commissioner And The Secretary-General

The Journal of Social Encounters

This report documents attacks on civilians and objects essential for their survival in Sudan. It concludes that both parties to the conflict violated international human rights and humanitarian law, with most violations amounting to war crimes. The Rapid Support Forces’ conduct may also constitute crimes against humanity, including persecution and extermination. The report calls for accountability and sets out a roadmap for justice.

Introduction: Continuing The Exploration Of The Darfur And Sudan Crisis, Mawa Mohamed, Ron Pagnucco

The Journal of Social Encounters

No abstract provided.

The Late Father Rev. John Anthony Kaiser: “A Case For Justice”, Mbuthi Gathenji

The Journal of Social Encounters

No abstract provided.

On The 25th Anniversary Of The Political Assassination Of A Human Rights Hero From Minnesota, Fr. John Kaiser, Ron Pagnucco, Peter Kimeu Ngui, Elizabeth M. Brown, Mary Wangari Sebastian

The Journal of Social Encounters

We here at St. John's University (SJU) in Minnesota, a co-publisher of the JSE, share a special connection with Fr. John Kaiser, the subject of these articles in his honor. Fr. Kaiser was born in a parish in the Diocese of St. Cloud in 1934, in which the university is located, and graduated from SJU's preparatory high school and matriculated at SJU for two years before leaving to join the U.S. Army in 1954. He later entered the seminary and in 1964 was ordained a priest in the Mill Hill religious order, which sent him to Kenya. In August 2000, …

Engaging The Somali Diaspora: A Case Study Of One Agency’S Community Programming Approach, Farhia Abdi

The Journal of Social Encounters

This case study investigates how a local community agency engages with the Somali diaspora to design and implement culturally responsive services, such as the Settlement and Integration Program. It also explores the potential of fostering meaningful dialogue with community members to inform the development of culturally sensitive programming. The research question guiding this study was developed by findings from previous research, which highlighted the significance of community engagement, sustained dialogue, and the necessity for agencies to design clearly defined programs. These programs should prioritize active participation from community members in both the creation and implementation of tailored initiatives.

Hezbollah's Military Setback: From Strategic Strength To Political Dilemma—A Comprehensive Analysis, Habib Albadawi

The Journal of Social Encounters

This study examines the unprecedented military transformation of Hezbollah from 2024 to 2025, analyzing how technological superiority and strategic constraints have fundamentally altered the effectiveness of irregular warfare organizations. Through extensive analysis of organizational adaptation, technological disruption, and external dependencies, this research investigates the paradox of how advanced military capabilities, when constrained by external dependencies, can become operational liabilities rather than strategic assets. The study employs multiple theoretical frameworks to understand this transformation and its implications for future irregular warfare.

Contested Development: China’S Influence, Authoritarian Agency, And Ngo Resistance In Uganda, Saara E. Leppanen

Global Governance Theses and Dissertations

In 2021, the Ugandan government suspended the operations of 54 non-governmental organizations (NGOs), citing a range of administrative and legal justifications. This crackdown reflects a broader pattern emerging across the African continent, where over the past twenty years, more than twenty-four states have introduced restrictions on NGOs, particularly those engaged in human rights advocacy and governance. At the same time, the continent has witnessed a marked increase in Chinese investment, most notably through Beijing’s Belt and Road Initiative (BRI), launched in 2013 as a global infrastructure and development project. While scholarship on the BRI has increased, limited attention has been …

Towards A New Health Politics In Kenya: Labor Organizing And Strikes By Health Workers In The Public Health Sector, Michael Scanlon

Graduate Doctoral Dissertations

There has been insufficient attention by global health scholars to labor organizing by health workers, including when and why organizing occurs, what forms and strategies it takes and its implications for governance and policy. These questions are critical but largely absent in research on what has been called the “global health workforce crisis.” Kenya represents an important case study. A new constitution in 2010 expanded institutional spaces for labor organizing and decentralized governance of the health system. Both reforms had significant implications for the health workforce and strikes by health workers have been pervasive. In 2017, nationwide strikes by public …

Special Status Of African Regional States In The International Seabed Authority, Felicia Ratnasari Soedjianto, Marten Hanura, Muhammad Arief Zuliyan

Global: Jurnal Politik Internasional

Through the mandate of UNCLOS 1982 and the 1994 Agreement, the International Seabed Authority (ISA) exists as a regulatory regime for activities in the international seabed area. Interestingly, African countries are privileged over other countries by occupying the most seats on the ISA Council. In addition, the ISA's commitment to supporting the blue economy through the Africa Deep Seabed Resources project also accentuates the privileges of African countries. African countries' technological, financial, and knowledge capacity is minimal in seabed mining. Apart from this problem, this research aims to analyse the fundamental reasons for the ISA's actions that give privileges to …

“Plus Ça Change, Plus C’Est La Même Chose”: The Ongoing Decolonisation’S Mechanic Inside The Franc Zone, Gerard Emmanuel Kamdem Kamga

Journal of African Policy Studies

This paper examines the persistent neocolonial dynamics within the Franc Zone, encapsulated by the adage “plus ça change, plus c’est la même chose” (the more things change, the more they stay the same). Despite nominal independence in the 1960s achieved by countries colonized by France, the analysis reveals how France maintains significant control through the Franc Zone and the “Françafrique” system. The Franc Zone, encompassing fifteen African states using the CFA Franc and Comoros Franc, functions under principles ensuring French dominance and the enslavement of these countries: fixed exchange rates pegged to the Euro, mandatory centralization of a large portion …

Unfinished Business: An Analysis Of The Permanent Forum On People Of African Descent, Satang Nabaneh

Journal of African Policy Studies

Communities of African descent worldwide experience persistent structural discrimination, manifested in poverty, underdevelopment, marginalization, social exclusion, and economic disparities. The historical crimes of enslavement, the transatlantic trade of enslaved Africans, apartheid, and colonialism, recognized as crimes against humanity and potentially constituting genocide, have left enduring trauma and systemic repercussions. These atrocities are demonstrably linked to current disparities in health, welfare, and the fulfillment of human rights for people of African descent. The International Decade for People of African Descent (2015 to 2024), proclaimed by the United Nations General Assembly in 2015 under the theme “People of African Descent: Recognition, Justice …

Earthjustice: The Role Of The African Regional Human Rights System In Containing Climate Change, Bright Nkrumah, Ebenezer Durojaye, Maria Usang Assim

Journal of African Policy Studies

At the turn of the millennium, the landscape of Africa has been punctuated by intense weather conditions. With a disproportionate percentage of the continent’s population bearing the brunt of climate-induced heatwaves, deluges, and drought, it is expected that this phenomenon will spur regional climate litigation. The essay argues that although there is an evolution of climate cases submitted at the national level, this development has not evolved to the African regional human rights system. The lack of cases at the regional level beckons one to explore why (potential)victims are unable or unwilling to explore these mechanisms given their role in …

The Intersection Between Child Marriage And Climate Change: An Example Of Malawi, Musu Bakoto Sawo

Journal of African Policy Studies

Child marriage affects 39,000 girls daily, totaling 650 million women married before age eighteen globally. While driven by poverty, tradition, and limited education, climate change is emerging as a significant new factor, particularly in developing nations such as Malawi, where 42% of girls marry before age eighteen. An estimated 1.5 million girls in Malawi are at risk due to climate-exacerbated food insecurity and displacement. This paper, using feminist theories of intersectionality, postcolonial feminism, and feminist political ecology, examines the complex link between climate change and child marriage in Malawi. It critiques existing international, regional, and domestic policies, highlighting their inadequacy …

African Feminist Theories And The Gendered Dimensions Of Climate Change In Africa, Manase Kudzai Chiweshe

Journal of African Policy Studies

This paper analyzes how African feminist theories can provide nuanced insights into the gendered dimensions of climate change across the continent. African feminist theories provide essential insights into the everyday lived experiences of women within African spaces, allowing for a contextual analysis of the impacts of climate change. There has also been a growing recognition of the need to identify the gender-differentiated impacts of climate change. The main argument is not only that climate change will be experienced by men and women differently but also that the impacts will hurt women more severely. Yet this theorization must employ theoretical lenses …

Technology And The Sustainable Implementation Of The African Continental Free Trade Area (Afcfta) Through Women’S Integration, Philip Ademola Olayoku

Journal of African Policy Studies

The desire for economic prosperity on the African continent led to the African Continental Free Trade Area (AfCFTA), in line with the vision of the Organisation of African Unity (OAU), when it proposed the creation of an African Economic Community (AEC) by 2028. However, sustainable economic development will remain a mirage without inclusivity where no one is left behind, in line with the African Union’s Agenda 2063. This study explores the challenge of restricting women to economic margins in trade agreements under the AfCFTA and how this would undermine its implementation. It subsequently contends that women are integral to Africa’s …

Broadening The Scope Of The "Justiciability" Debate To Include The Right To Development: An Analysis Of The African Human Rights Monitoring Bodies, Serges Djoyou Kamga

Journal of African Policy Studies

The right to development (RTD) is the most controversial human right of our time. Opponents argue that it is not justiciable. Besides the adoption of the Draft Covenant on the RTD, the right is binding in the African human rights system. It is on this backdrop that the article shows the justiciability of this right through its juridification and application in domestic courts. It also examines the role of African human rights monitoring bodies in broadening the scope of the “justiciability” debate to include the RTD. This article examines the African Commission and Court’s pronouncements on the RTD and unveils …

Editor's Remarks, Julius A. Amin

Journal of African Policy Studies

Roughly two years ago, the University of Dayton Human Rights Center hosted a very important conference titled “Decolonization and Development for Africa and People of African Descent.” I attended this event and participated in several sessions of the conference. The topics and discussions were enlightening, and they stimulated much conversation about decolonization and development in relation to the social practice of human rights.

Participants at the conference came from both sides of the Atlantic, and those I spoke with agreed that the conference encouraged them to consider the topic of human rights with a new perspective. Within African studies, human …

Reclaiming Power: Decolonization And Development For Africa And People Of African Descent, Satang Nabaneh

Journal of African Policy Studies

The journey to this special issue has been a long and significant one for me, as an African deeply invested in the multifaceted realities of global Africa. Africa embodies the global. Its people, culture, and histories transcend borders, reflecting a deeply interconnected world. To speak of global Africa is to reject essentialist notions of African identity, recognizing that to be African is to be unbounded by space, place, or fixed definitions. This special issue, “Reclaiming Power: Decolonization and Development for Africa and People of African Descent,” was born out of the convergence of the 2023 Social Practice of Human Rights …

Cover And Front Matter, Journal Of African Policy Studies

Journal of African Policy Studies

Cover, journal information, and table of contents