OSIWA - Open Society Initiative for West Africa

OSIWA forms part of the global Open Society Foundations Network

Law, Justice & Human Rights

OSIWA will focus on highlighting and advocating on citizenship issues, promoting the rights to citizenship and the elimination of discriminatory practices and laws.  In addition it will work towards guaranteeing equal protection to those members of society who are particularly vulnerable and exposed to discrimination.

Trends in West Africa reveal a growing (albeit painfully slow) commitment by governments to embrace principles of human rights, rule of law and the ideals of transparent, accountable and democratic governance. Such manifestations, although commendable, risk being superficial if not taken it their true spirit. Success lies in the ensuing public participation and the genuine promotion and respect for the basic rights of all citizens, which is the basis of democratic governance. In reality however, the absence of specific legislations, complete disregard for the notion of rule of law, disrespect for human rights and general lack of access to justice means that the majority of our people remain strictly confined.

While most countries are making efforts to observe the rule of law, human rights and the administration of justice, there is still the lack of institutional capacity and the human resources to do so properly, especially in countries that have emerged out or at the brink of conflict. Towards this end, the Program, through partner organizations, has implemented projects that are working to build sustainable peace and reconciliation through the protection for human rights and enhancing public participation in governance and has supported greater networking and capacity building for legal professionals. In this regard, and quite evidently, the involvement of civil society in strengthening the institutional mechanisms for the protection of human rights and access to justice cannot be over-emphasized.

Under this thematic area, OSIWA will robustly seek to protect groups facing discrimination and reduce the levels of impunity. The recognition and protection of citizenship and citizenship rights; and the exclusion of certain sections of society from societal processes and opportunities is pervasive in many parts of the world; it however, hinders societal development and democratization. Citizenship issues manifest themselves in several forms ranging from statelessness, denial and denunciation of citizenship to violation of basic rights that inhere in and accrue to citizens. There exist many grounds for discrimination ranging from one’s sex, colour, age, tribe, religious affiliation, social status, education, language and sexual orientation. Whatever the grounds for discrimination, it is unjustifiable and against internationally accepted democratic standards. Despite many West African states being party to some of these international instruments, the prevailing laws, policies and practices encourage discrimination of various groups. The choice of the groups will be subject to the country context.

OSIWA will focus on highlighting and advocating on citizenship issues, promoting the rights to citizenship and the elimination of discriminatory practices and laws.  In addition it will work towards guaranteeing equal protection to those members of society who are particularly vulnerable and exposed to discrimination.

Impunity is a widespread and common governance problem in West Africa. There is a poor record of rule of law due to the overbearing executive arm and weak (dependent and corrupt) judicial system. Different forms and levels of impunity manifest in the countries of the region, ranging from gender based violence during conflicts to political and economic corruption to denial of rights and commission of grave crimes during civil unrests and wars. There exists public distrust in governments’ commitment to anti-corruption and human rights. This has been exacerbated by prolonged civil war in some of the countries, which promotes a culture of impunity in the conduct of public affairs. There have been laws introduced to strengthen government operations and business activities (politics, resource management and allocation) but their failure to check impunity and indiscretion is identified as the root of the various manifestations of governance failures – poverty, persistent corruption, conflicts/militancy, threats to peace and security. Reducing impunity by supporting legislative, advocacy, litigation and other measures that increase pressure for accountability is thus a key outcome for OSIWA.

The Programme will work with relevant OSI Network Programs and other partners to foster and maintain productive and collaborative working partnerships across all levels. The ultimate aim should be to help bring about a new generation of fully-fledged and empowered social citizens imbued with civic values and equipped with the tools for working towards a more prosperous, accountable and transparent West Africa. Established alliances should be nurtured to intensify efforts and step-up advocacy strategies for the ratification, domestication and implementation of international, regional and national human rights instruments and policies.

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