Racist repercussions and transgenerational exclusion
Legal means to deal with Germany’s colonial legacy
The German and Namibian governments seem to be about to finalize their negotiations on (the costs of) reconciliation. Several civil society actors and Ovaherero and Nama representatives criticize the procedure and want to be included in the negotiations – inter alia in a US lawsuit against Germany. The German government, however, denies that a genocide (in legal terms) occurred, referring to the principle of intertemporality in international law. What legal …
Colonial repercussions in Germany and Namibia
The colonial past and its complex repercussions are finally present in post-colonial European public discourse. So far, however, this has had little to no effect on formerly colonized societies. One reason for this is that post-colonial structural inequalities between the so-called Global North and Global South still prevent equal access to resources and discourses, thus obstructing discussions about colonial injustice and post-colonial repercussions. Both former colonial powers like the United …
“Sexual orientation is not a fashion statement”
The LGBT community facing a social stigma in Africa
With the High Court’s judgment from June 11th 2019, judge Michael Elburu suspended section 164 a and c and section 165 of the Penal Code from 1965 which punish same-sex relations in Botswana with up to seven years in prison and ordered to modify section 167. In recognising the discriminatory nature of the laws in question, the Botswanan High Court gave hope to the LGBT (Lesbian- Gay- Bisexual- Transgender) community …
Increasing the benefits, reducing the costs
Adding competitiveness to the theory and practice of free trade agreements and regional integration in Africa
With an increase in the spread and impact of independent regulatory agencies, Africa now has a nascent but significant network of competition authorities and other economic regulators. This growth in African regulatory practice and influence contributes to the value of adding the factor of competitiveness to the theory and practice of African regional integration. To add competitiveness may well increase the total benefits and speed of these developments of multinational …
Between Narratives and Borders
Analyzing Ethiopia’s Domestic Labor Migration to the Gulf Countries
A significant number of Ethiopians are migrating to the Gulf countries to work in the domestic labor market. In late 2013, the Ethiopian government passed a temporary ban on labor migration, which was subsequently lifted five years later in January 2018. How have these legal developments shaped the current situation, and what are the major push factors influencing Ethiopian labor migration? Two factors are particularly noteworthy: first, a state monopoly …
Kofi Annan and International Law in Kenya
Dr. Kofi Annan, the former Secretary General of the United Nations, died recently. Many Kenyans took to social media to mourn the death of the African diplomat they had come to know through his efforts in curbing the 2008 post-election violence. Annan and the 2007 Election in Kenya The 2007 election in Kenya was charged and emotive. Mr. Raila Odinga, the then President Kibaki’s main challenger, had assembled an impressive …
Somaliland and Secession Politics in Eastern Africa
Somalia has been that isolated relative that no one speaks about. The one that lives in a little hut, far away from the general community, with little interaction with anyone. Nieces and nephews do not visit her, because she is said to be a witch. Everyone fears her, and so she is largely ignored. Nobody wants to go near her homestead. Since the overthrow of Siad Barre in 1991, Somalia …
Leveraging technology to enhance access to justice for children in Africa
To keep a finger on the pulse of time, technology and innovation are central to the implementation of the 2030 Agenda and the Sustainable Development Goals (SDGs). Context-informed and locally-adapted technology can be the catalyser to identify barriers in achieving the 2030 agenda and provide solutions for the sustainable development change so desperately needed. Ending all forms of violence against children is an integral part of the SDGs, namely through …
The first genocide of the 20th century before a domestic court
A New York Court about to decide on its jurisdiction in Rukoro et al. v. Germany
Once more, Germany is confronted with compensation claims concerning wrongs committed in the past (see on this topic already the post by Andreas Buser). After unsuccessful previous cases against Germany by the Ovaherero and Nama people before the Permanent Court of Arbitration and U.S. federal courts in Washington, D.C., the pending class action complaint against the Federal Republic of Germany in the United States District Court Southern District of New York is the …
Status: “It’s complicated”
On African leaders’ troubled relationship with international courts
Courts are to many African leaders what models are to soccer stars: they are arm candy, but they are not expected to develop a life of their own, or make anybody look bad in public. Thus, if international courts dare to touch upon issues that actually matter to African elites, they will either be killed off or neutered, or, if this is not possible, states will withdraw from their jurisdiction. …