MYSTICAL ROSE COLLEGE OF SCIENCE AND TECHNOLOGY

GOVERNMENT AND POLITICS OF AFRICA

Main Powers

The president is the head of state, while the prime

Executive
minister is the head of government.

The supreme court upholds the constitution through

Judicial
decision making.

The national assembly has the power to nominate the

Legislative
prime minister and pass laws.

Generalisation about African politics and political systems is made

difficult by the extent to which African states both differ from one

another and have changed since independence. This article discusses

whether it is nevertheless possible to understand African states as

examples of the same political system, as some recent studies have

asserted (or assumed). It argues that by comparing the historical

patterns of political development in African states, one can identify a

limited number of distinct historical paths, starting with the process

of decolonisation (where there are two variants). Subsequently divergent

paths arose from differing responses to early post‐independence political

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crises, producing contrasting forms of politics ‐ ‘centralised‐

bureaucratic politics’ and ‘spoils politics’ ‐ and corresponding

political systems. Further differentiation has arisen systematically

from popular responses to the breakdown of these forms, giving rise to

populist revolts, state collapse or to democratic challenges (and

sometimes democratic restructuring). Each of these represents a distinct

form of politics, and political systems, within Africa.

A model of the process of political development in post‐war Africa is set

out along these lines, and used to criticise several recent attempts at

characterisation of African politics, in which either states belonging

to one historical path (and thus one political system) are treated as

representative of all African states, or in which states from different

paths and belonging to different systems are seen as examples of the

same political form and political process.

What kind of government is in Africa?

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Despite its cultural and economic diversity, Africa contains only four

different types of government: presidential and parliamentary republics,

semi-presidential republics and monarchies.

How does the government work in Africa?

The president is the head of state, while the prime minister is the head

of government. The president is elected by popular vote. ... The

national assembly has the power to nominate the prime minister and pass

laws. The national assembly is elected for five year terms by using the

two-round system.

What is the rule of law in Africa?

The rule of law provides the framework for transparent, responsive and

accountable institutions which strengthen people's trust and confidence,

and by doing so, promote peaceful societies as well as sustainable

development.

What rights do Africans have?

It incorporates the same individual rights enshrined in the UN's

Universal Declaration of Human Rights, including equal protection before

the law, freedom of speech, religion and assembly, the right to work,

own property and have a minimum standard of living and access to health

and education and freedom from arbitrary.

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Governance in Africa: Development of Laws and Regulations

 Strengthening the Framework for Environmental Legislation in

Liberia

 Strengthening Environmental Law in Tanzania

 Finalizing Ethiopia’s Draft Framework Environmental Law

 Promoting Principles of Environmental Protection and Sustainable

Development in Kenya’s New Constitution

 Improving Environmental Governance through Natural Resource

Certification

 Enhancing the Law Governing Air Quality in South Africa

 Assessing the Legal, Scientific, and Institutional Framework for

Biodiversity Protection in Liberia

 Aiding Natural Resource Valuation and Damage Assessment in the

Niger Delta

Strengthening the Framework for Environmental Legislation in Liberia

In April 2001, at the request of the Association of Environmental

Lawyers, an environmental law NGO in Monrovia, ELI reviewed and

commented on the draft Environmental Protection and Management Law of

the Republic of Liberia. To strengthen the on-the-ground applicability

of the law and to build connections between public interest

environmental lawyers in the region, ELI solicited the assistance of

environmental lawyers from some of ELI’s partner organizations in Africa

to review the draft law. ELI also provided copies of other framework

environmental laws from Africa and around the world to assist the
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Association and the government of Liberia in developing an effective

framework environmental law.

Strengthening Environmental Law in Tanzania

In 2003-2004, Tanzania developed a new framework law governing

environmental protection. In 2003, ELI was asked to review an early

draft of the statute and to provide comments. ELI gathered comments from

scholars across Africa and provided its own comments on the statute

which together reflected past U.S. and African experience with similar

statutes. These comments were warmly received and hopefully will assist

in the adoption of a strong framework law in the near future.

Finalizing Ethiopia’s Draft Framework Environmental Law

Ethiopia’s Environmental Protection Agency and the Commission on

Environmental Law of IUCN —the World Conservation Union requested ELI’s

assistance in peer reviewing and finalizing Ethiopia’s draft framework

environmental law. With IUCN, ELI coordinated the review process, which

involved soliciting comments from environmental lawyers throughout the

region, synthesizing the comments, and adding its own perspectives.

The project drew on the staff and institutional expertise of ELI and

its African partners in drafting and implementing framework

environmental laws around the world. Following the peer review process,

ELI presented the IUCN/ELI comments at a workshop of interested

governmental and non-governmental representatives and provided an

opportunity for participants to discuss and offer feedback on the draft

framework environmental law. This workshop was held in Addis Ababa on

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August 16-18, 1999. The EPA incorporated the various comments into draft

laws, which were passed by the Council of Ministers in 2004.

Promoting Principles of Environmental Protection and Sustainable

Development in Kenya’s New Constitution

In 1998, a landmark review of Kenya’s constitution was undertaken. The

Constitution of Kenya Review Commission, which had the mandate to revise

the Kenyan constitution, held public hearings throughout the country to

ensure that the process included the voices and priorities of Kenyan

experts and citizens. During this review process, eminent Kenyan

environmental scholar Professor Charles O. Okidi prepared a detailed

memorandum addressing how matters related to environment, natural

resources, and sustainable development could be entrenched in the

constitution. At Professor Okidi’s invitation, ELI reviewed a draft of

the memorandum and provided supplemental analysis and commentary,

drawing upon the Institute’s past research on environmental

constitutional provisions in Africa and elsewhere. Professor Okidi’s

presentation to the Commission, as well as his memorandum

on Environment, Natural Resources, and Sustainable Development in

Kenya’s Constitution-Making, were well received.

Improving Environmental Governance through Natural Resource

Certification

In recent years, the international community has started to explore ways

in which natural resource certification may be used to address human

rights issues and armed conflict. For example, the international effort

to develop a certification scheme for diamonds is aimed at preventing

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the flow of “conflict diamonds” that fueled armed conflicts in Sierra

Leone, Angola, and the Democratic Republic of the Congo. Certification

schemes also appear to provide opportunities to improve the governance

aspects of natural resource management, for instance by promoting a

clear chain of custody that hinders corruption.

In 2003, ELI released a research report entitled “Harnessing Consumer

Power: Using Certification Systems to Promote Good Governance,” which

examines the state of knowledge on how certification of natural

resources can promote environmental and social sustainability, improve

governance, and prevent, mitigate, or even end armed conflict. The

report also considers the legal aspects of certification, particularly

how certification systems can be made more enforceable and effective.

Because certification continues to rapidly evolve, the report focuses on

concepts and analyses that look forward to potential ways in which

natural resource certification may be expanded to address conflict,

promote good governance, and advance human rights throughout Africa and

around the world.

Enhancing the Law Governing Air Quality in South Africa

Air pollution resulting from industrial processes, motor vehicle

emissions, and even domestic coal and wood fires persists as a major

environmental problem in South Africa. The air legislation of the

Apartheid era, dating back to the 1960s, focused primarily on end-of-

pipe regulation rather than broader environmental concerns, and it

lacked meaningful air quality standards. ELI discussed these issues with

members of a high-level delegation from South Africa’s Department of

Environmental Affairs and Tourism (DEAT) visiting Washington, DC in

January 2002. Then, at the request of the Department, ELI reviewed and
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commented on a proposed National Air Quality Management Bill being

developed by DEAT. Particular emphasis was placed on cross-cutting

issues such as the importance of substantive standards and the need for

transparency, public participation, and accountability of government and

private sector actors. ELI submitted its final comments to DEAT in

February 2002, and the law was passed in 2004.

Many African nations, including South Africa, are tackling lead

pollution that results from use of leaded gasoline. As part of a study

tour organized by the U.S. Environmental Protection Agency in September

of 2003, ELI addressed a visiting South African delegation of government

officials, industry representatives, and civil society advocates on the

legal ramifications of phasing out leaded gasoline. Participants

discussed both the U.S. experience of phasing out leaded gasoline and

the international legal regimes that presently apply to lead and could

apply to other additives, such as MTBE.

Aiding Natural Resource Valuation and Damage Assessment in the Niger

Delta

The Niger Delta contains a wealth of biodiversity as well as a majority

of Nigeria’s oil fields. For the last fifty years, exploitation of the

region’s oil has caused considerable damage to ecosystem components that

have little or no value in international trade but are critical to the

health and survival of local communities. In 2003, ELI helped create a

MacArthur Foundation-sponsored report entitled “Natural Resource

Valuation and Damage Assessment in Nigeria: A Case Study of the Niger

Delta.” The report examines the value discrepancies of certain species

between the international market and local households in the Niger Delta
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and uses that data as a launching point for discussing Nigerian law and

the improvements that can be made to better compensate damage to natural

resources. ELI contributed by providing a comparative analysis of

Nigerian law to that of the U.S., which is among the most comprehensive

in its natural resource damage assessment and resource valuation,

shaping the latter half of the report and ultimately leading to specific

policy recommendations for the Nigerian government.

Politics

African Union

The African Union (AU) is a continental union consisting of 55 member

states. The union was formed, with Addis Ababa, Ethiopia, as its

headquarters, on 26 June 2001. The union was officially established on 9

July 2002[145] as a successor to the Organisation of African Unity (OAU).

In July 2004, the African Union's Pan-African Parliament (PAP) was

relocated to Midrand, in South Africa, but the African Commission on

Human and Peoples' Rights remained in Addis Ababa.

The African Union, not to be confused with the AU Commission, is formed

by the Constitutive Act of the African Union, which aims to transform

the African Economic Community, a federated commonwealth, into a state

under established international conventions. The African Union has a

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parliamentary government, known as the African Union Government,

consisting of legislative, judicial and executive organs. It is led by

the African Union President and Head of State, who is also the President

of the Pan-African Parliament. A person becomes AU President by being

elected to the PAP, and subsequently gaining majority support in the

PAP. The powers and authority of the President of the African Parliament

derive from the Constitutive Act and the Protocol of the Pan-African

Parliament, as well as the inheritance of presidential authority

stipulated by African treaties and by international treaties, including

those subordinating the Secretary General of the OAU Secretariat (AU

Commission) to the PAP. The government of the AU consists of all-union,

regional, state, and municipal authorities, as well as hundreds of

institutions that together manage the day-to-day affairs of the

institution.

Extensive human rights abuses still occur in several parts of Africa,

often under the oversight of the state. Most of such violations occur

for political reasons, often as a side effect of civil war. Countries

where major human rights

violations have been reported

in recent times include

the Democratic Republic of the

Congo, Sierra

Leone, Liberia, Sudan, Zimbabw

e, and Ivory Coast.

Regions of African

Union:
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Northern Region (Sahara)

Southern Region (Kalahari)

Eastern Region (Nile)

Western Regions A and B (Niger and Volta Niger)

Central Region (Congo)

Boundary conflicts

This section is an excerpt from Military history of Africa § Post-

colonial.

African states have made great efforts to respect interstate borders as

inviolate for a long time. For example, the Organization of African

Unity (OAU), which was established in 1963 and replaced by the African

Union in 2002, set the respect for the territorial integrity of each

state as one of its principles in OAU Charter. Indeed, compared with the

formation of European states, there have been fewer interstate conflicts

in Africa for changing the borders, which has influenced the state

formation there and has enabled some states to survive that might have

been defeated and absorbed by others yet interstate conflicts have

played out by support for proxy armies or rebel movements. Many states

have experienced civil wars: including Rwanda, Sudan, Angola, Sierra

Leone, Congo, Liberia, Ethiopia and Somalia.

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