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This article demonstrates how international human rights treaties have the potential to fill the gaps in constitutional provisions and constitute therefore the extension of the constitutional bill of rights. Since human rights are formulated in approximately the same way in both the Francophone countries’ constitutions and in regional and international human rights treaties, through a casuistic approach, the article argues that the decisions of the human rights treaty bodies should serve as a guide to the interpretation of constitutional provisions by the Beninese constitutional judges. By being reluctant and disinterested in the decisions of its treaty monitoring bodies, the Beninese Constitutional Court deprives itself of an interpretation technique that is susceptible to strengthening the court’s legitimacy and independence. Hence, the article posits a dialogue between the Constitutional Court and the regional and international human rights treaty bodies. If at the global level, the use of UN treaties in constitutional adjudication is an essential step towards judicial globalization in human rights adjudication, at the regional level, the use of African Union treaties in constitutional adjudication is a strong signal of African “judicial” integration and therefore of Pan-Africanism.
This essay discusses the contours of what I call a new instrumental turn in Nigerian historical scholarship. It argues that the historical discipline in Nigeria is experiencing a new instrumental turn, which finds expression in several new features of academic history writing, teaching, and programming. Some aspects of this trend hearken back to the original instrumental history of the pioneers of Nigerian and African nationalist history; others represent something new, being responses to novel twenty-first-century anxieties and imperatives of nation-building, development, and the place of humanities knowledge in those aspirations. Unlike old conceptions of instrumentality, this new turn signals a more explicit agenda of problem-solving through historical research. It also entails a rather formulaic embrace of proposals for solutions to problems identified in or through historical research.
Independent Christian Churches were an important aspect of African anticolonial activism, but the political afterlives of these movements in the immediate postcolonial period have been broadly overlooked. This article studies the African Independent Pentecostal Church, focusing on its entanglement with the politics of reconciliation and state-building in a decolonising Kenya. During the 1950s Mau Mau uprising, the church lost its entire portfolio of land, churches, and schools. The article explores how church adherents sought to re-establish themselves on these holdings. These contests reveal that churches were political agents engaged in debates about the boundaries of postcolonial political community and the nature of post-conflict reconciliation. Churches’ roles as landowners and education providers meant denominational rivalries masked political struggles over justice for past violations. Embedded in intra-ethnic conflicts, churches negotiated with elites seeking to establish ethnic constituencies. Through this conflict and compromise, the brokered nature of the postcolonial nation-building project is revealed.
In 1959 and 1960, Cameroonian women nationalists visited the People’s Republic of China. These members of the Union démocratique des femmes camerounaises (UDEFEC) practiced what I term a “diplomacy of intimacy,” which highlighted the effects of colonialism on their bodies, fertility, and intimate relationships to create a shared affective experience of anticolonial solidarity with their Chinese counterparts. Expanding the definition of “diplomat” to reflect how diplomacy functioned in the decolonizing world reveals that women played a much larger role than previously understood. These women diplomats remained largely invisible to the Western powers and to the postcolonial Cameroonian government, but Chinese sources provide a valuable vantage point on their diplomacy. By drawing on sources from Cameroon, China, France, and the UK, I demonstrate that during decolonization African nationalist women represented their parties on the world stage, exercising far more diplomatic power than appears in histories of decolonization focused on the West.
The domination and exploitation inherent to colonialism entailed casting Africans as violators of European standards, expectations, and even aspirations. This article identifies messaging which permeated the everyday experiences of African wage earners by locating the ways in which employers embedded their understanding of Africans as potential violators into the employment relationship. It examines the records of the Tribunal de Première Instance in Dakar, Senegal, during the decades of high colonialism to reveal the nature of that dynamic, exploring implicit expectations among employers regarding their employees, particularly related to allegations of theft or abandonment of work brought against workers. Analysis of such cases particularly highlights domestic workers, who were overwhelmingly male. The interactions and claims in the justice records reveal clear constructions of violation within the attitudes and actions of non-African employers in colonial Dakar and present the court as a venue for perpetuating that rhetoric.