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The plunging of Kenya, until recently a centre of stability and growth in East Africa, into political and economic uncertainty following the general election of December 2007 is regarded as a major cause for global and African concern. It is widely accepted that the elections were deeply flawed, and that there was electoral malfeasance by all the major players. President Kibaki's rapid declaration of victory in the face of a heavily disputed election and his determination to hold on to the levers of state power precipitated a deadly crisis, communal violence and economic decline. A power-sharing deal between Kibaki and Opposition leader, Raila Odinga signed in February seems to be holding, b...
Since the historic Nuremberg Trial of 1945 an international customary law principle has developed that commission of a core crime under international law – war crimes, genocide, crimes against humanity and aggression – should not go unpunished. History shows, that when in Africa such violations occurred, especially as a result of election disputes, national and regional actors, including the African Union, resorted to political rather than legal responses. However, when crimes against humanity were alleged to have been committed in Kenya during the 2007-2008 post-election violence, a promising road map for criminal accountability was agreed upon alongside a political solution. In the spi...
In December 2007, following a bitterly disputed presidential election, violence rippled out across Kenya, exposing entrenched ethnic divisions fuelled by social and economic exclusion, corruption, and winner-takes-all politics. This book describes the remarkable intervention of the Panel of Eminent African Personalities. Convened by the African Union while violence was still spreading, Kofi Annan, Graça Machel and Benjamin Mkapa were asked to mediate between the parties, create the conditions for peace, and negotiate a political settlement that would tackle the root causes of conflict, mend Kenya’s failing institutions and reduce its profound inequalities. With the advantage of an insiders’ account, Back from the Brink describes how the Panel deployed their diplomatic and peace-making skills to stop the bloodshed, and how, from 2008 to 2013, Annan, Machel and Mkapa remained deeply engaged in Kenya’s efforts to build a durable peace.
This edited volume examines the role of local civil society in shaping understandings and processes of transitional justice in Africa – a nursery of transitional justice ideas for well over two decades. It brings together practitioners and scholars with intimate knowledge of these processes to evaluate the agendas and strategies of local civil society, and offers an opportunity to reflect on ‘lessons learnt’ along the way. The contributors focus on the evolution and effectiveness of transitional justice interventions, providing a glimpse into the motivations and inner workings of major civil society actors. The book presents an African perspective on transitional justice through a comp...
This book provides an account of how the responsibility to protect (R2P) and the International Criminal Court (ICC) were applied in Kenya. In the aftermath of the disputed presidential election on 27 December 2007, Kenya descended into its worst crisis since independence. The 2007-08 post-election crisis in Kenya was among the first situations in which there was an appeal to both the responsibility to protect and a responsibility to prosecute. Despite efforts to ensure compatibility between R2P and the ICC, the two were far from coherent in this case, as the measures designed to protect the population in Kenya undermined the efforts to prosecute perpetrators. This book will highlight how the...
Analyses the structural and institutional obstacles to democratization in transitional societies - fractured societies, fragmented economies and institutions of governance, weak or deformed state structures - and how to overcome these.
A radical new approach to understanding Africa's elections: explaining why politicians, bureaucrats and voters so frequently break electoral rules.
Building trust and professionalism in the management of electoral processes remains a major challenge for Electoral Management Bodies (EMBs), institutions and/or bodies responsible for managing elections. The 'credibility gap' - the diminished public confidence in the integrity and diligence for many electoral institutions and their activities - is a common problem for EMBs around the world. Many EMBs face basic design questions as they seek to work better: how should EMBs be structured to ensure that they can act independently? How do EMBs relate to stakeholders such as the media, political parties and donors? How can EMBs evaluate their performance and use experience to build sustainable elections? "The Electoral Management Design Handbook" is written for electoral administrators, electoral administration designers and other practitioners involved in building professional, sustainable and cost-effective electoral administrations which can deliver legitimate and credible free and fair elections. It is a comparative study that shares best practices and know-how from around the world on financing, structuring and evaluation of Electoral Management Bodies
Democracy and Electoral Politics in Zambia aims to comprehend the current dynamics of Zambia’s democracy and to understand what was specific about the 2015/2016 election experience. While elections have been central to understanding Zambian politics over the last decade, the coverage they have received in the academic literature has been sparse. This book aims to fill that gap and give a more holistic account of contemporary Zambian electoral dynamics, by providing innovative analysis of political parties, mobilization methods, the constitutional framework, the motivations behind voters’ choices and the adjudication of electoral disputes by the judiciary. This book draws on insights and ...