Law, Justice & Human Rights
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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.


In Liberia, where analysts cite citizenship as one of the root causes or triggers of the nation’s prolonged armed conflict, OSIWA will work with government, civil society and other critical stakeholders to generate dialogue on citizenship issues with an eye to promoting peaceful coexistence and sustainable peace. Until now, discussions about citizenship and its role as a source of conflict have received scant attention from the Liberian public. Moreover, the Liberian constitution — first enacted in 1847, then revised in 1955 and 1986 — grants citizenship only to persons of ‘negro’ descent (meaning descendants of freed slaves). By excluding all other races, it has created a deep divide between indigenes, including the Mandingo, and the ‘settlers’.

In Sierra Leone, which is emerging from a decade of civil war that involved horrendous atrocities and gross human rights abuses, OSIWA will support civil society efforts to secure the rights of vulnerable groups. These include people with disabilities, who account for 10 percent of the population, according to the 2008 census, largely the product of wartime injuries. They also include victims of gender-based violence, such as women and girls who were raped by armed militants, gave birth to children thus conceived, and now face acute stigmatization and discrimination. Raising the visibility of these populations and building their capacity to engage in broader governance and decision-making processes is crucial to maintaining the peace and aid development in Sierra Leone. Sierra Leone’s recent adoption of the Convention on the Rights of Persons with Disabilities presents a vital opportunity to promote and protect the rights of persons with disabilities — as does the Truth and Reconciliation report, which made clear recommendations for amputees and others who sustained permanent injuries during the conflict. In addition, Sierra Leone’s citizenship laws are discriminatory and in urgent need for reform.


In Ghana, where successive governments have failed to honestly discuss and resolve the violent conflict between the Dagomba and Kokomba communities in the north, OSIWA will play a watchful role by monitoring the progress of an ongoing initiative to strengthen citizenship rights and human security. Led by the government of Ghana, UNDP, INUCEF, WFP, FAO and UNIDO, this effort seeks to develop the capacity of local institutions, communities and individuals to manage and prevent conflicts in northern Ghana’s most vulnerable communities. OSIWA will engage with the project’s implementers, follow its progress and watch for potential areas where the foundation could collaborate effectively and add value.


In Senegal, where many thousands of young children, or talibes, are compelled to beg in the urban streets, OSIWA will press for legislation that ensures their human rights, including the right to education. The state has consistently failed to address the inhumane conditions these children endure. Building on the work of other funders and CSOs, OSIWA will seek innovative and lasting solutions to protect this vulnerable population from further human rights abuses.


In Niger, where a protracted Touareg rebellion compounds the current political stalemate, OSIWA will seek to lay the groundwork for a durable resolution of this crisis, which in turn will allow for social peace, national cohesion and sustainable development. The foundation will provide collaborative support for mediation initiatives, documentation of ongoing initiatives and analysis of the root causes of the conflicts and options for a peace accord. It will then organize a national dialogue on citizenship (focusing on the Touareg question), work to develop comprehensive policies that protect citizenship rights, and advocate for their adoption.


In Nigeria, we will continue to support on-going advocacy work to ensure accountability for the violence that took place in Jos. Jos is a microcosm for Nigeria and the issues that plague Jos are not unique, although they stand out in sharper relief.  Any approach to reconciling the situation in Jos will ultimately also need to extend to the rest of Nigeria.


On the regional front, OSIWA will support initiatives to develop additional regional legal frameworks for securing citizenship rights and protecting groups subjected to discrimination outside of their countries of origin. Indeed, one of the foundation’s highest priorities in the region is to move states to recognize the right to citizenship for all West Africans, both within their countries and in the sub-region. OSIWA will provide support for advocacy, research, documentation and engagement with the media. These efforts will focus on identifying the various forms of discrimination within the region, articulating methods for prevent it and identifying the best responses for when it does occur. These programs will build on the Freedom of Movement campaigns undertaken in 2010 as well as on linkages with Justice Without Borders for Migrants, the OSI International Migration Initiative and the past work and publications joint developed by AfriMAP, the Open Society Justice Initiative and the African Union advocacy team.

Last Updated on Thursday, 23 June 2011 06:29