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Non-State Policing in Africa  

S.J. Cooper-Knock

Studies of policing go to the heart of debates over public authority, violence, and order. Across the globe, the state cannot be assumed to be at the center of policing practices or their authorization. Across Africa, a diverse mix of individuals, groups, and corporations are involved in policing people’s everyday lives and the spaces in which they live them. Categorizing the different groups and individuals in this varied landscape is no simple task. Even drawing lines between “state” and “non-state” policing is not as easy as it may first appear. In reality, any constructed boundary is likely to be more porous and fluid than imagined. In some cases, this is because the service providers become entangled with the state. State officials, for example, may moonlight for other policing organizations. Conversely, state institutions might collaborate with, or outsource work to, civilian and corporate actors. In other cases, groups who identify as non-state actors may still mimic the symbols, materials and practices of the state in an attempt to bolster their own claims to public authority. Faced with the difficulty of sustaining any simple divide between categories such as “state” or “non-state” policing scholars have taken a variety of analytical routes: refining their definitions; developing “ideal types” against which messy empirical realities can be juxtaposed, or moving away from bounded typologies in an attempt to understand group and individuals on their own terms. Taking the latter course, this article highlights the variety of putatively non-state policing organizations and formations across the continent. In doing so, it highlights that the presence of private security corporations, rebel groups, neighbourhood watches, or so-called mobs are no simple indicator of the absence or weakness of state institutions and imaginaries. Understanding everyday negotiations over statehood and sovereignty requires a more nuanced approach. When this path is taken, and policing landscapes are studied in all their complexity, we gain crucial insights into the ways in which being and belonging, law and order, power and legitimacy, privilege and oppression function in any given context.

Article

The International Criminal Court in Africa and the Politics of International Justice  

Phil Clark

The International Criminal Court (ICC) has generated considerable controversy since it came into force in 2002, principally because of its overriding focus on African conflict situations and suspects. This has led to accusations that the ICC is a neocolonial meddler in African affairs, wielding undue and unaccountable influence over the domestic political arena. Drawing on the author’s field research in Uganda and the Democratic Republic of Congo since 2006 this article contends that the neocolonialism critique of the ICC exaggerates the power of the Court while underestimating the capacity of African states to use the ICC to their own ends. Delivering distanced justice from The Hague with limited expertise on African societies and spending scant time in the field, the ICC has failed to grapple sufficiently with complex political dynamics “on the ground.” Combined with the Court’s heavy reliance on state cooperation, these factors have enabled African governments to use the ICC to target their political and military enemies while protecting themselves from prosecution. This has also emboldened African states in continuing to commit atrocity crimes against civilians, especially during periods of mass conflict and fraught national elections. While claiming to hover above the political fray, the ICC has become heavily politicized and instrumentalized by African states, with lasting and damaging consequences for the practice of national politics across Africa. To avoid being willfully used by African governments, the ICC must bolster its political expertise and become politically savvier. Rather than claiming to be neutral while hovering above the domestic terrain, the ICC must embrace its inherently political nature and deliver justice in a way that improves rather than undermines the practice of national and community-level politics across Africa.

Article

Land-Related Conflict and Electoral Politics in Africa  

Catherine Boone

Land-related disputes and land conflicts are sometimes politicized in elections in African countries, but this is usually not the case. Usually, land-related conflict is highly localized, managed at the micro-political level by neo-customary authorities, and not connected to electoral competition. Why do land conflicts sometimes become entangled in electoral politics, and sometimes “scale up” to become divisive issues in regional and national elections? A key determinant of why and how land disputes become politicized is the nature of the underlying land tenure regime, which varies across space (often by subnational district) within African countries. Under the neo-customary land tenure regimes that prevail in most regions of smallholder agriculture in most African countries, land disputes tend to be “bottled up” in neo-customary land-management processes at the local level. Under the statist land tenure regimes that exist in some districts of many African countries, government agents and officials are directly involved in land allocation and directly implicated in dispute resolution. Under “statist” land tenure institutions, the politicization of land conflict, especially around elections, becomes more likely. Land tenure institutions in African countries define landholders’ relations to each other, the state, and markets. Understanding these institutions, including how they come under pressure and change, goes far in explaining how and where land rights become politicized.

Article

Citizenship Law as the Foundation for Political Participation in Africa  

Bronwen Manby

The question of membership and belonging is widely recognized to have been at the root of many political crises in Africa since independence. The legal frameworks for citizenship were largely inherited from the colonial powers and still show strong affinities across colonial legal traditions. However, most African states have enacted significant amendments to citizenship laws since independence, as they have grappled with issues of membership, aiming to include or exclude certain groups. Substantive provisions have diverged significantly in several countries from the original template. African states have shared global trends toward gender equality and acceptance of dual citizenship. In relation to acquisition of citizenship based on birth in the territory (jus soli) or based on descent (jus sanguinis), there has been less convergence. In all countries, naturalization is inaccessible to all but a few. Manipulation of citizenship law for political purposes has been common, as political opponents have at times been accused of being non-citizens as a way of excluding them from office, or groups of people have been denied recognition of citizenship as a means of disenfranchisement. Moreover, even in states where a substantial proportion of residents lack identity documents, it seems that the rules on citizenship established by law have themselves had an impact on political developments. The citizenship status of many thousands of people living in different countries across Africa remains unclear, in a context where many citizens and non-citizens lack any identity documentation that records their citizenship. The content of the law is arguably therefore less influential than in some other regions. A rapid development in identification systems and the increasing requirement to show identity documents to access services, however, is likely to increase the importance of citizenship law. In response to these challenges, the African continental institutions have developed, through standard setting and in decisions on individual cases, a continental normative framework that both borrows from and leads international law in the same field.