Issue 2/ 2009
October
JOINT M
A
G
Welcome to the
second issue of
Joint MAG!
frica
This time we are focussing
on
the
development
ermany
of
human rights both within
the EU and Africa. We are
honoured
to
interview
with
feature
an
Advocate
Pansy
Tlakula,
Commissioner
African
at
Commission
Human
and
Rights.
the
on
People's
Moreover,
The African Commission on Human and People's
Rights
by Lerato Tsebe, South Africa
we
feature an article on the
The relevance of human rights has transcended national borders
EU's
by
around the globe. In this process, human rights have become a
Alexander Nguyen, a first
tool of global governance. Within a globallized African continent,
generation
this has translated into the idea of using human rights as
Lisbon
treaty
alimnus,
and
an interview with Mathias
Kamp,
a
2nd
governance indicators to assess democratic states and societies.
generation
Go Africa alumnus.
Initially
adopting
Organization
We
hope
pertinent
you
input
enjoy
made
of
the
idea
African
in
Unity
1981,
members
(OAU),
created
of
the
the
then
African
the
Commission on Human and Peoples Rights. Officially established
by
by the African Charter on Human and Peoples' Rights, which came
our contributors,
into force on 21 October 1986, the African Commission on Human
and Peoples' Rights is charged with ensuring the promotion and
Dennis Kumetat and Linda
protection of Human and Peoples' Rights throughout the African
Poppe
continent. The Commission was inaugurated on the 2nd of
November 1987 in Addis Ababa, Ethiopia, after its members had
been elected in July of the same year by the OAU Assembly. The
Secretariat, which is also the headquarter of the Commission, is
located in Banjul, The Gambia.
Content
Although this organization has been established for nearly two
The African Commission on
persistence of conflicts in certain areas in Africa, human rights
Human and People's
Rights // 1
The EU Lisbon Treaty // 2
Call for Contributions // 4
Scholarship Holder
Profile // 4
Miscellaneous // 5
Imprint // 5
decades, it continues to face numerous challenges. Given the
violations, and economic challenges, the need for the protection of
human rights has never been more urgent in Africa.
First Generation member Lerato Tsebe sat down with Advocate
Pansy Tlakula, one of the Commissioners of the ACHPR, to discuss
the challenges that face the ACHPR, the role of youth and
democracy in Africa.
continued on page 2
continued from page 1
Adv. Pansy Tlakula is currently the
Chief
Electoral
Electoral
Officer
Commission
of
of
the
South
Africa. She holds a B. Proc degree
from the University of the North,
an LLB degree from the University
of
the
degree
Witwatersrand,
from
an
Harvard
LLM
University
and an honorary doctorate in legal
studies from the Vaal University of
Technology.
She is an admitted
advocate of the High Court of
South Africa.
Before
approaches that African governments have adopted?
Pansy
Tlakula:
joined
years.
Pansy Tlakula: Some governments are making an effort in
human
period
in
served
office
she
the
co-
the
first
as
convenor
National
of
Conference
resources
media practitioners, who publish articles that are
on
Racial
and
She is also
the
African
Human
Commission
is
Rapporteur
on
Expression
and
the
and
Special
Freedom
of
Access
to
Information in Africa and she is
also
responsible
for
Swaziland,
Namibia, the Gambia and Zambia.
Adv.
Tlakula
has
received
a
number of awards including the
Rapport
/
City
Press
Prestige
Woman in 2006 and the 2007 CEO
Magazine Most Influential Woman
Award
in
government
institutions.
the
category
and
effective
books and these laws are often used to prosecute
Peoples’ Rights. Her portfolio in
the
the
still have criminal defamation in their statute
2005, she was appointed as a
for
for
the continent face. For instance, some countries
Black Lawyers Association. In July
Commission
necessary
contemporary challenges that some countries on
Xenophobia
of
established
right to freedom of expression is one of the
the former National Director of the
member
have
implementation of their mandate. Respect for the
Racism,
Related Intolerance.
and
because in some cases, these institutions lack the
SAHRC at the World Conference
Discrimination,
violations
human rights. A lot still has to be done though,
Racism and also represented the
against
rights
institutions for the promotion and protection of
Rights
her
making
violations? Are African governments taking such issues seriously?
in
During
are
Lerato Tsebe: What about press freedom and human rights
Commission (SAHRC) for
six
countries
government are now few and far between.
a member of the South
Human
African
hold regular elections and cases of unconstitutional changes of
February 2002, she was
African
most
in governance. Moreover, almost all countries on the continent
the
Commission
Today,
progress in the area of empowerment and participation of women
addressing
she
Electoral
Lerato Tsebe: What are some of the positive human rights
of
related
critical to the government.
Lerato Tsebe: What types of checks and balances does the
ACHPR institute towards ensuring democratic accountability from
African Governments?
Pansy Tlakula: The checks and balances are contained in the
Charter
which
requires
State
Parties
to
submit
to
the
Commission, every two years, a report on the measures they
have taken to implement the provisions of the Charter and the
challenges encountered in doing so. These reports are presented
by State Parties and are examined by the Commission at its
public sessions. NGO’s that have an observer status with the
Commission can also submit shadow reports and these re ports
are taken into consideration in the examination of state reports.
Members of the Commission also undertake promotional and fact
finding missions to State Parties.
Lerato Tsebe:
What are the current challenges that are facing
the ACPHR in terms of its ability to promote awareness about its
primary function?
Pansy Tlakula: That would probably be a lack of adequate
resources, in particular human resources, the vastness of the
continent and the fact that Commissioners have their full time
occupations and serve the Commission on a part time basis.
continued on page 3
continued from page 2
The EU Lisbon Treaty – A Significant Improvement
for Human Rights
Protection in Europe?
The EU Lisbon Treaty
by Alexander Nguyen, Germany
After the Irish "Yes" to the Lisbon
Treaty
at
the
referendum
on
Friday the 2nd October 2009 and
the
ratification
following
by
day
it
Poland
seems
the
quite
certain that the highly debated
EU Lisbon Treaty will enter into
force soon. This treaty contains
necessary reforms to adjust the
present treaty to an expanded
European Union of 27 Member
States.
Besides
these
reforms,
which are crucial for the future of
this
so
far
very
successful
regional organisation, the Lisbon
Treaty
also
contains
an
innovation concerning the human
rights
protection
According
to
in
the
the
EU:
treaty,
the
Charter of Fundamental Rights of
the EU – which is so far not
legally binding – will enter into
force. This has the effect that all
state and EU actors, who act
under EU law, will be obliged to
respect the rights stipulated in
the Charter.
Admittedly, the establishment of
a legally binding human rights
instrument is not new in Europe.
The European Convention for the
Protection of Human Rights and
Fundamental
1950
Freedoms
already
from
contains
a
catalogue of basic human rights.
Complaints
about
infringements
of these rights can be brought to
the European Court of Human
Rights, which has the authority to
deliver
judgements
that
are
legally binding to the member
states.
Meanwhile,
Convention
plays
role
in
an
jurisprudence
continued on page 4
the
important
and
Lerato Tsebe: In many African
states young people represent
the majority of citizens. What is
their role in promoting human
will form the new legal
rights-oriented,
basis of the European
states in Africa?
democratic
Union. It contains
institutional reforms
Pansy
and improvements
supposed to play an important
towards more
role not only in the promotion of
democracy. It was
human
highly debated among
development
of
the EU member states
particularly
because
because many people
constitute
a
very
fear a loss of national
percentage
of
the
sovereignty.
population.
http://europa.eu/lisbon
few state parties to the African
_treaty/index_en.htm
Charter on Human and Peoples
Rights
Tlakula:
The
rights
youth
but
in
is
the
democracy,
they
large
world’s
Unfortunately,
(Charter)
very
involve
the
The Charter of
youth in issues of governance.
Fundamental Rights of
For instance, very few young
the European Union
people
participate
was proclaimed by the
either
as
candidates
EU on 7th December
voters.
In
addition,
2000 as a legally non-
countries have programmes and
binding declaration. It
projects
will enter into legal
people.
in
targeted
elections
or
very
at
as
few
young
force with the
ratification of the EU
Lerato Tsebe: What legacy does
Lisbon Treaty.
the ACHPR wish to leave for
http://www.europarl.e
Africa’s youth during you and
uropa.eu/charter/
your colleagues' tenure?
The European
Pansy Tlakula: The participation
Convention for the
of
Protection of Human
governance is one area that the
Rights and
Commission has not focused on.
Fundamental
Going
Freedoms (1950)
important for the Commission to
is the first
consider how to involve young
international human
people in its work. For instance,
rights treaty which
by encouraging state parties not
features a legally
only to include issues affecting
binding complaint
young people in their periodic
mechanism. It is
reports
independent from the
young people in the delegation,
EU. The European
which presents the report to the
Court of Human Rights
Commission. Young people have
celebrates its 50th
to fight for their space and have
anniversary this year.
to
http://www.echr.coe.in
remain the silent majority. ▪
t/50/en/#home
youth
in
all
forward,
but
ensure
structures
it
also
that
might
to
they
of
be
include
do
not
continued from page 3
legislation of the 47 member states to the European Human Rights Convention.
Call for
But compared to the EU Human Rights Charter, the Convention has a significant
Contributions to
weakness: The European Court of Human Rights can only convict a state to pay
the January issue
financial reparation for human rights violations. It has no competence to revoke
of JointMAG
an official act.
It has been argued that the present EU law already contains a sufficient level of
human rights protection. In fact, the present treaty states that the EU respects
fundamental rights, as guaranteed by the Convention and as they result from the
Power!?
Dealing With
Energy
Issues
constitutional traditions common to the member states as general principles of EU
law. However, compared to these unwritten general principles of EU law, the new
The
Charter establishes a modern human rights instrument and is much more detailed
Climate
as, for example, the Convention. Nevertheless, it will also depend on the
will
interpretation of the Charter by the EU courts if the new binding instrument will
passed,
bring a significant improvement to the individual human rights protection. In any
winter
event, the new Charter will abandon a great deal of legal uncertainty which
again
always inheres in an unwritten human rights catalogue.
the
Copenhagen
Summit
just
have
the
in
Europe
reminds
of
strategic
relevance
of
oil
This causes the impression that member states which strongly oppose the Charter
and the southern
fear the increasing influence of EU courts. They might worry that – due to the
tip
new Charter – the EU courts could enlarge their field of jurisdiction in an
receives
increasing number of areas of law. However, these fears do not seem very
avarage of 14 h of
plausible because there is no evidence that the new Charter has a wider
sun
applicability as the present human rights instruments. In fact, Art. 51 clearly
Almost everything
stipulates that the Charter does not establish any new power or task for the EU.
we
Nevertheless, these reasons might have been the motivation for Great Britain and
around it: energy!
Poland to fight passionately and successfully for an exception concerning the new
How to get it, how
Charter: For both nations, the Charter will not be legally binding. It is regrettable
to use it, how is it
that the Charter will thus lack uniform applicability in all EU member states.
being dealt with it
Nonetheless, it is a major leap forward into the direction of a higher level of
and
human rights protection in Europe. ▪
should policies be
of
Africa
an
per
do
evolves
how
shifted
more
day.
should
toards
a
sustainable
future for all?
Scholarship Holder Profiles
Feature
Interview with Mathias Kamp, Germany
articles
and, op-eds other
contributions
by Mwenda Gatobu, Kenia
about
Mwenda: Kindly tell us something about yourself. Who is Mathias Kamp?
Mathias: I am 26 years old and I live in Münster, Germany. I completed a Bachelor
in Public Administration/European Studies at the universities of Münster and Twente
(NL) and thereafter I started a Masters in International Relations and Development
Policy at the University Duisburg-Essen, which I am now about to finish. I have
developed a specific interest in Africa, which is also the major focus of my studies.
Apart from this regional focus, I am specializing in aspects of good governance,
conflict management and democracy promotion. My first trip to Africa was in 2006
when I did an internship in Ghana. Since then I returned to Ghana several times to work there, but also to maintain personal friendships. In my free time I am
involved in a number of church activities. In particular, I am engaged in the
continued on page 5
this
topicare welcome.
If
you
have
a
suggestion
or
would
to
like
contribute,
please
contact
personally
us
or
via
go_africa_go_ger
many(at)yahoogro
ups.de
until
November 15th.
continued from page 4
partnership between the Diocese of Münster and the Catholic Church in
Miscellaneous
Northern Ghana and I also initiated a partnership between my home parish
and a parish in Ghana, which I am now coordinating. Since the Go Africa
German Academic
programme, I am also discovering East Africa. I have so far been to Kenya,
Exchange Service
Tanzania, Rwanda and Uganda, where I just worked as an intern for four
Looking for study
months.
oppotunities in
Germany and ways to
Mwenda: What do you think about German or European protection of
fund it? Please check
human rights?
out
www.daad.de/en/index.
Mathias: I think it is good to distinguish between two dimensions of human
html
rights protection: internal and external. In the external dimension, the EU
has become a particularly strong voice in the worldwide promotion of
Hertie School of
human rights and I think that is good and necessary if we really believe in
Governance
the universality of human rights. However, I think that the EU (as well as
The Hertie School in
the member states including Germany) has to be careful not to undermine
Berlin is now accepting
its own credibility by incoherent practices and double standards. Looking at
applications for its
the internal dimension we can also see many
Master of Public Policy
problems. To mention just one example, I think
(MPP) and the
the whole area of asylum policy is highly critical.
Executive Master of
Public Management
Mwenda: From your experience, to what extent
(EMPM) programmes.
can
Possibilities for
you
argue
that
African
governments
observe and uphold the sanctity of human
scholarships exist.
rights?
Check out www.hertieschool.org for more
Mathias: Tough question! Of course we find
information.
some good performers, but in general the state
of human rights in Africa seems rather worrying
Nollywood
to me. And I am not only talking about extreme cases like Zimbabwe or
The German TV show
Sudan. I just returned from Uganda and I could give several reasons why
ZDF Auslandsjournal
the government there can be accused of human rights abuses. I think it is
("ZDF Abroad") has
in particular corruption, impunity and a malfunctioning judiciary that could
screened a short
explain the frustrating gap between rhetoric and reality concerning the
reportage on Nigera's
protection of human rights.
film industrie a few
months ago, which is
Mwenda: What are you working on right now, and what are your plans for
now also available
the next year or the future?
online. Unfourtunantly
only available in
Mathias: I am currently working on my Master thesis which I have to finish
German, its a nice
in January. It is based on extensive field research that I conducted during
feature of one of the
my internship in Uganda and it focuses on the role of political parties at
world's biggest but
local government level in Uganda. After that I might either start a PhD or
lesser know film
look for jobs in my areas of expertise. Preferably, I would like to do a job
industries:
related
development
http://www.zdf.de/ZDF
cooperation. I would definitely like to go abroad to work and live in an
to
democracy
promotion
in
the
context
of
mediathek/content/Noll
African country. Of course, Ghana and Kenya are my favourites, but I
ywood/781006 ▪
would also not mind going somewhere else. ▪
Editors: Dennis Kumetat and Linda Poppe // Editorial Team: Julian Bergmann, Mwenda Gatobu, Lerato Tsebe and Benjamin Zasche // Available
online: www.bpb.de // Contact: go_africa_go_germany (at) yahoogroups.de