In recent decades, national governments and international authorities have increasingly emphasized the role of legal institutions in restoring order after political violence. This study explores how, following the 1994 genocide, the Rwandan government created new decentralized grassroots legal forums that aimed to produce community out of a divided population. The legal institutions were designed to enable Rwandans to resolve disputes with the help of locally-elected mediators, based on principles that prioritized collective cohesion over individual rights, combined with state-backed punishment. Drawing on eighteen months of ethnographic research in Rwanda between 2004 and 2008 with genocide courts (inkiko gacaca), mediation committees (comite y'abunzi) and a legal aid clinic, this study shows how the discourse of mediation in courts derived from national and transnational processes, and how it shaped people's experiences across a wide range of disputes. People used the courts' flexible proceedings both to rebuild inclusive relationships, and to contest belonging and reinforce divisions. The study suggests that state-backed legal forums embedded in daily life can facilitate social rebuilding in the aftermath of violence, while it examines what differences are created as "community" is brought into being through politicized processes, and shows how customary law as a tool of state development can both empower and curtail rights.

<p>In 1998 the University of the Western Cape together with the University of Cape Town, and the Robben Island Museum introduced a Post-graduate Diploma in Museum and Heritage Studies. This programme was innovative in that not only did it bring together two universities in a programme where the inequalities of resources derived from their apartheid legacies was recognised, but it also formally incorporated an institution of public culture that was seeking to make a substantial imprint in the post-apartheid heritage sphere as part of its structure. In 2003 this programme attracted substantial funding from the Rockefeller Foundation and was rebranded as the African Program in Museum and Heritage Studies (APMHS). While this rebranding of the programme might seem to be innocently unproblematic and commendable as part of the effort at re-insertion of South Africa into Africa after the isolation of apartheid, an analysis of the concepts employed in the rebranding raises serious theoretical, conceptual, and disciplinary questions for heritage studies as an academic discipline and for its connections with other fields, especially the interdisciplinary study of Africa. What are the implications of a programme that brings together the concepts of ʹAfrican-Heritage-Studiesʹ? Does the rebranding signify a major epistemological positioning in the study of Africa or has it chosen to ignore debates on the problematic of the conjunction of the concepts? This study address these issues through a historical and philosophical analysis of the programme, exploring how it was developed both in relation to ideas of heritage and heritage studies in Africa and, most importantly by re-locating it in debates on the changing meaning of&nbsp / ʹAfricaʹ in African studies.</p>

From the unique perspective of the oath, this study investigates the entanglements of change in Kenya during the Mau Mau period, 1952-1960. Specifically, it challenges the prevailing Mau Mau narrative, revealing the oath as a complex, adaptive, and rational process ordered around symbols, gestures, and statements with long standing meaning and power. All Mau Mau initiates were required to take a secret oath of unity in order to join the struggle. Breaking the oath invoked an unstoppable curse on oathers and their families. As a result, the oath became a powerful mechanism in the formation of Mau Mau and served as a precursor to Kenyan Independence in 1963. Contrary to the long standing discourse of savagery, the Mau Mau oath was actually an elaborate, dynamic, and sophisticated ceremony based on ancient oathing traditions, symbolism, and beliefs. It was reconstituted from its former state to one that was much more offensive, secretive, dangerous, and inclusive of other groups such as women who were previously excluded. The oath was a product of the economic, political, cultural, and social unrest of the time. In addition to tracing historical developments and modeling the oath experience, this study explores the radicalization of the oath during the Mau Mau period forming new relationships to gender, crime, and purification that did not exist prior to the 1950s. This study centers the oath as the object for historical analysis through the investigation and documentation of African rituals, beliefs, and memories. The past is reconstructed from oral tradition, personal narratives, ceremonial reenactments, survey data, archived documents, ethnography, and myths. The sources reveal that Mau Mau oathers had their own imaginations, dreams, and objectives associated with the restoration of their stolen land and freedom. These varied perspectives demonstrate colonial contradictions juxtaposed with African oral accounts and memory. This study offers a fresh way to look at the contested Mau Mau past through the lens of the often misunderstood and misinterpreted oath. It intervenes with a new African Mau Mau story of reinvention, renewal, and power.

<p>This dissertation explores the themes of race and resistance in nineteenth-century Haitian writings and highlights their impact on French-speaking nineteenth- and twentieth-century African and Caribbean literature. This exploration spans across literary genres and centuries, and juxtaposes disciplines that are rarely put into dialogue with each other. Central to my approach is an interdisciplinary perspective that sheds light on the key interactions between colonial history, legal decrees, anthropology and engaged literature in nineteenth-century French and Francophone studies. And in charting the impact of these writings on the twentieth-century Francophone landscape, this project also addresses current debates in Caribbean, French and Haitian studies and contributes to the growing literature in black Atlantic and postcolonial studies. This research project begins by analyzing rhetorical representations of race and resistance in rare texts from Toussaint Louverture, Pompée-Valentin de Vastey and Juste Chanlatte, in particular with respect to their representations of the Haitian revolution (1791-1804), the only successful slave revolt in history to have resulted in the creation of a new state. By focusing on how Louverture, Vastey and Chanlatte responded to slavery, pseudo-scientific theories of racial difference, and the pernicious effects of the colonial system, it explores both the significance of the revolution's literary representation and the extent of its impact on postcolonial imaginations in Haiti, and the rest of the Caribbean, Africa and France. In particular, I analyze the impact these texts had on subsequent African and Caribbean literature by Emeric Bergeaud, Joseph-Anténor Firmin, Marie Vieux-Chauvet, Aimé Césaire, Edouard Glissant, and Bernard Dadié.</p> / Dissertation

This research begins to explore what political tools are necessary to elevate women’s position in society by transforming legislation. Women in Francophone West Africa do not enjoy certain basic rights and there is need to improve their status. The promotion and appointment of women to the position of prime minister, Mame Madior Boyé in Senegal in 2001 and Mariam Kaidama Cissé Sidibé in Mali in 2011, gives us hope that women-friendly agendas will be given priority. I pose the question: Did the appointment of these two women to the heads of their respective governments improve the status of women and their political representation in West Africa? There is existing research that suggests that more women in government increases the visibility of women’s issues. I argue that simply having women in positions of power is not sufficient; participation in informal politics and civil society is imperative. These women have to go into the position with a commitment to women’s issues and a willingness to work with the already existent networks of women’s associations dedicated to furthering women’s rights. I study the successful passage of a new woman-friendly constitution in Senegal. In particular, I look at each participant’s role in making this happen, the associations who pushed for reforms for many years, the reformist president Wade, and Boyé who was a founding member of one of the central women’s associations, the Association of Senegalese Female Legal Practitioners. I compare this with the unsuccessful signing of new family code in Mali. I discuss the disinterest and indecisiveness of the president and Sidibé, as well as the influence of the strong opposition from the conservative High Islamic Council. There are also institutional barriers to change, namely the pluralist legal system of customary law, Islamic law, and state law. Finally, I discuss other possible reasons for the differences in these two countries’ results, such as Senegal’s longer history of democracy and general acceptance of modernity and women’s rights.

Prior to the presidential elections in December 2007, Kenya was viewed as one of the few politically stable and economically prosperous countries in Africa, a paradigm for other African countries to emulate. At least this was the view held widely in the Western world. Missing in this analysis were the growing ethnic tensions which, although not a new phenomenon to Kenya (the precedence was established during the colonial era), had grown increasingly volatile during the past two decades. The 2007 controversial election results revealed even sharper bitterness and divisions among Kenyans. Ethnic lines were drawn and the country experienced two months of violence that left more than 1,000 people dead and 300,000 people homeless. With ethnic identification increasingly becoming a polarizing force in political competitions in Kenya, it is in the best interest of the Kenyan government to reform its electoral policies and procedures to generate a change in incentives which promote civic nationalism as a way to counter the negative aspects of an ethnically diverse nation. There are three key areas of the current electoral system where this process of change can begin: changing the current voting system of first-past-the-post (FPTP) to a closed list Proportional Representation (PR) system, redefining and creating mechanisms for better developing enforcing rules for political parties and campaigning, and finally, reforming the Electoral Commission of Kenya to make it the predominate authority on electoral activities in Kenya. Using Kenya as a case study, this thesis focuses on how electoral reform can be utilized as one way to decrease the use of ethnicity as a political tool which currently creates unnecessary tensions.

Democracy's advance on the African continent has been mixed, this article analyzes three countries which reflect this situation. Ghana represents the good, a country now considered a liberal democracy; Kenya represents the bad, although possessing the right conditions to advance its democracy the country has slid into an ambiguous zone; the Democratic Republic of Congo represents the ugly, after showing initial promise it still has significant issues halting its burgeoning democratic progress. These three countries represent the prototypical situations facing democratizing Sub-Saharan countries and analyzing them can inform what factors aid or have hindered democratic progress not only for them but the region in general.

As immigrants arrive in a new culture, they must modify their behaviors to adapt to their host society. Through a review of current literature, I will examine the psychological and sociological aspects of immigration and the effects on migrant identity. I will argue that migrants most desire a bicultural identity, in which they retain some elements of their ethno-cultural identity while adopting some values of French society. The construction of a bicultural identity presents a challenge due to the particular philosophical foundations of the French nation-state and French culture. In the next chapter, I will analyze the challenges Senegalese migrants confront as they seek to build a bicultural identity. France’s assimilationist tradition presents an ideological barrier to successful integration and a model which must be examined to understand France’s identity politics. Resulting secondary barriers are evident in France’s social and economic policies, which have an exclusionary impact on immigrants and ethnic minorities. Senegalese migrants comprise a particularly vulnerable minority group in France, and socioeconomic pressures are especially influential on the integration of Senegalese migrants due to religious differences, the practice of polygamy, a high concentration in the service sector, and one the largest average household sizes. I will examine how France’s policies and societal behavior affect Senegalese-migrant identity and integration. In the last chapter, I will examine Senegalese perceptions of France and immigration, which are radically different from the true experiences of Senegalese migrants in France.

This paper considers the situation of Congolese women and their almost complete social, political and economic marginalization in society. The Congolese constitution formulates the principle of gender parity between men and women; however, numerous provisions of the law still actively discriminate against women, relegating them to the status of second-class citizens. The violent conflict that the Congo has experienced and continues to experience has only exacerbated the socio-economic and cultural differences in status between men and women. How are Congolese women responding to these obstacles and have they been able to make any sustainable gains in doing so? The findings of this paper contend that despite the inequities that they experience in the social, political and economic spheres, Congolese women have in fact been able to take steps towards achieving gender equality. The conflict that has so negatively affected them has also provided them with intended and unintended opportunities for improving their situation. One such opportunity is evident in the creation of City of Joy, a women empowerment program established and developed entirely by Congolese women. A refuge for survivors of sexual violence, City of Joy helps rehabilitate these women with the hope that they will have acquired the necessary tools to catalyze social change as they are reintegrated into their respective communities after the six-month program. City of Joy as a case study illustrates both the opportunities for empowerment and change as well as the difficulties of providing women with meaningful agency given the structural obstacles that they are faced with. Although it is difficult to evaluate the long-term success and sustainability of the program, the general observations that can be gleaned from this example demonstrate that war and conflict can create fresh beginnings and new opportunities for women to produce their own social, political and economic realities. City of Joy, although limited in scope, is a socially enhancing program and a pragmatic step toward increasing the probability of a peaceful outcome in the aftermath of a brutal and long-lasting conflict and will ultimately have a positive long-term effect Congolese society.

History education builds the foundation of a common past necessary for the formation of group identity. Evaluating History curricula is important because group identity guides people’s political behavior. This Uganda case study demonstrates how different actors have manipulated History education in order to enhance the saliency of ethnic, national, and regional identities. The expansion of nationalized education and the teaching of Ugandan, East African, and African history have contributed to fostering the rise of national consciousness in Uganda. Greater awareness of national identity has promoted national integration while marginalizing non-school educated people.