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13 May 2021 | Story Dr Bright Nkrumah | Photo Supplied
Dr Bright Nkrumah, Free State Centre for Human Rights, University of the Free State (UFS)

The year 2021 marks the 58th anniversary of the establishment of the Organisation of African Union (OAU) on 25 May 1963. The month of May is therefore celebrated annually as Africa Month. This piece, in essence, is a craving to respond to an often-articulated question: is Africa Month a moment of celebration or introspection? The former would have been preferred had the various freedoms offered by the organisation been more realistic and dealt with the concrete challenges bedevilling the continent’s population. 

At the onset, it ought to be acknowledged that the organisation was not forged with the intent of improving the living conditions of its population but to safeguard the recently won independence and sovereignty of its member states. Against this backdrop, the notion of non-interference in the domestic affairs (Uti Possidetis Juris) of states became its guiding principle, thereby fostering a culture of silence on abuses perpetuate by African rulers against their citizens.  Having said that there were notable illustrations of leaders such as Julius Nyerere, Kenneth Kaunda, and Samora Machel, who individually and collectively ‘invoked the notion of humanitarian intervention’ and waged crusades to relieve Ugandans from the jaws of Idi Amin. 

Indeed, one of the significant achievements of the OAU during this era was the adoption of the African Charter on Human and Peoples’ Rights (Charter) in 1981. The instrument may be seen as a trumpeting of freedom, as it considers the rights and wellbeing of Africans sacrosanct and uncompromising. It is important and perhaps enthralling that all African states are parties to the Charter. While the large-scale ratification could enhance its moral force, it could also be used as a red herring to cover up various atrocities in hostile countries.

Where are we?

In 2002, African rulers meeting in Durban, South Africa, adopted the Constitutive Act, transforming the OAU into the African Union (AU). The new Act perhaps seems to be breathing fresh air into Africa’s rights struggle. In stark contrast to its forerunner, the Constitutive Act authorises the AU to intervene in a situation where citizens are threatened by grave danger perpetrated by their governments or external forces. Remarkably, article 3(k) calls for raising the ‘living standards of African people’. Going by these aspirations, one might speculate that Africans are in for a cheery and jolly ride.

Remarkably, while the Act addresses several aspects of the continent’s socioeconomic issues its operationalisation remains the captive of competing for national interests of AU states. Four key setbacks merit consideration here.

Instability: The landscape of Africa is punctuated by rulers’ embezzlement of public funds, ethnic privilege, and siphoning resources to one’s home village to the detriment of others. This bias tends to incite discontent and hostilities, even as one of the popular rhetoric of the infamous Boko Haram is to addressing Nigeria’s North-South resource disparity. By the same reckoning, hundreds of women and children have been displaced or killed from avoidable hostilities in geographical enclaves such as Cameroon, DR Congo, Mozambique, and Sudan.

Injustice: State security agencies and specifically the police force have evolved to be intimidators rather than the protective machinery they ought to be. More disturbingly, access to justice seems to be a pipe dream, as legal fees and prolonged trials make it burdensome for victims to seek remedies. As a common practice, many judicial systems across Anglophone, Francophone, and Lusophone countries are still modelled on ancient colonial systems, with lawyers and judges using convoluted legal jargon which frustrates rather than assists victims of abuse. 

Poverty: 40% of the continent’s population lives in extreme poverty or on <$1 (approx. R14) per day. Indeed, this figure is sobering. A reader might agree that the New Partnership for Africa’s Development (Nepad) may be seen as the primary document for reversing this trend. The document has, however, been criticised as given superficial treatment to the basic entitlement of vulnerable groups, and without feasible strategies on issues of underdevelopment.  It speaks to enhancing greater access to services, but segregates this aspiration from how the impoverished could access these essentials. Without a commitment to enforceable socioeconomic goods, such as health care, education, food, social security, the document may be seen as placing a stamp on the skewed access to resources already pervasive in local communities.

Covid-19: The onset of the pandemic calls for total marshalling of the continent’s fiscal and human resources. Sadly, the virus has claimed the lives of eminent cadres, teachers, and trade unionists who could have played a key role in this regard. South Africa alone has recorded more than 54,620 deaths, leaving behind hundreds of orphans.   Still, the ramifications are likely to be more significant, altering the structures of society and putting a strain on the financial resources of weak states. 

What ought to be done?

One golden thread running through these challenges is the weakness of the AU to forge effective institutions to restrain the excesses of states, monitor the government’s compliance with human rights obligations, and accountability. If the organisation seeks to improve human rights in Africa, it ought to revive debates towards Pan-Africanism and regional integration. At present, artificial borders erected by colonisers have created states which are simply not viable economic and political units. To this end, continental integration is the effective means of accelerating economic growth, uplifting the least developed countries, and domestically-based transformative development.

Opinion article by Dr Bright Nkrumah, Free State Centre for Human Rights, Faculty of Law, University of the Free State.

 


News Archive

Students receive hands-on crime scene investigation training
2016-09-02

Description: Crime scene investigation training Tags: Crime scene investigation training

Ntau Mafisa, a forensic science honours student
at the UFS, and Captain Samuel Sethunya from
the SAPS Crime Scene Management in
Bloemfontein.
Photo: Leonie Bolleurs

With murder and robbery rates on the rise, the Forensic Science Programme of the Department of Genetics at the University of the Free State is playing a key role in training South Africa’s future crime scene investigators and forensic laboratory analysts.

According to the Institute for Security Studies (ISS), murder and aggravated robbery rates for 2014/2015, as recorded by the South African Police Services (SAPS) have increased. Incidents of murder increased by 4.6% in the period from 2013/2014 to 2014/2015 and aggravated robbery increased by 8.5 % in the same period. The ISS is an African organisation thant enhances human security by providing independent and authoritative research, expert policy advice and capacity building.

Dr Ellen Mwenesongole, a forensic science lecturer at the Department of Genetics, said the university was one of a few universities in South Africa that actually had a forensic science programme, especially starting from undergraduate level.

Crime scene evaluation component incorporated in curriculum
As part of its Forensic Science Honours Programme, the department has, for the first time, incorporated a mock crime scene evaluation component in its curriculum. Students process a mock crime scene and are assessed based on how closely they follow standard operating procedures related to crime scenes and subsequent laboratory analysis of items of possible evidential value.

The mock crime scene forms part of a research project data collection of the honours students. In these projects students utilise different analytical methods to analyse and distinguish between different types of evidence such as hair fibres, cigarette butts, illicit drugs and dyes extracted from questioned documents and lipsticks.

Students utilise different analytical methods to analyse
and distinguish between different types of evidence.

This year, the department trained the first group of nine students in the Forensic Science Honours Programme. Dr Mwenesongole, who received her training in the UK at the University of Strathclyde in Glasgow, Scotland, and Anglia Ruskin University in Cambridge, England, said incorporating a crime scene evaluation component into the curriculum was a global trend at universities that were offering forensic science programmes.

Department of Genetics and SAPS collaborate
It is important to add this component to the student’s curriculum. In this way the university is equipping students not only with theoretical knowledge but practical knowledge on the importance of following proper protocol when collecting evidence at crime scenes and analysing it in the laboratory to reduce the risk of it becoming inadmissible in a court of law.

The Genetics Department has a good working relationship with the Forensic Science Laboratory and Free State Crime Scene Management of the Division Forensic Services of the SAPS. The mock crime scene was set up and assessed in collaboration with the Crime Scene Management Division of the SAPS. Although the SAPS provides specialist advanced training to its staff members, the university hopes to improve employability for students through such programmes.

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