Back from the Brink: The 2008 Mediation Process and Reforms in Kenya


Book Description

In December 2007, following a bitterly disputed presidential election, violence rippled out across Kenya, exposing entrenched ethnic divisions fuelled by social and economic exclusion, corruption, and winner-takes-all politics. This book describes the remarkable intervention of the Panel of Eminent African Personalities. Convened by the African Union while violence was still spreading, Kofi Annan, Graça Machel and Benjamin Mkapa were asked to mediate between the parties, create the conditions for peace, and negotiate a political settlement that would tackle the root causes of conflict, mend Kenya’s failing institutions and reduce its profound inequalities. With the advantage of an insiders’ account, Back from the Brink describes how the Panel deployed their diplomatic and peace-making skills to stop the bloodshed, and how, from 2008 to 2013, Annan, Machel and Mkapa remained deeply engaged in Kenya’s efforts to build a durable peace.




Legitimacy in Peacebuilding


Book Description

The book offers a critical analysis of legitimacy in peacebuilding, with a focus on peace negotiations and civil society participation in particular. The aim of this book is to unpack the meaning of legitimacy for the population in peacebuilding processes and the relationship this has with civil society involvement. There is a growing consensus for addressing local concerns in peacebuilding, with the aim of ensuring local ownership. Moreover, scholars have noted a relationship between civil society inclusion in peace negotiations and legitimacy. Yet, the very idea of legitimacy remains a black box. Using data from original empirical fieldwork – including over 100 semi-structured interviews and 12 focus group discussions – the book focuses on two case studies of negotiations that, respectively, ended a long civil war in Liberia in 2003 and ended the post-election violence in Kenya in 2008. It argues that civil society involvement is conceptually insufficient to show a multidimensional understanding of legitimacy. Instead, the book shows a complex picture of legitimate peace negotiations, based on outcome and participation-based characteristics with the involvement of both ‘guarantors’ of legitimacy and a more general civic agency which includes the general population. Through forms of participative communication, the passive audience become active stakeholders in the construction of legitimacy. This has repercussions for how we think about civil society and peacebuilding more generally. This book will be of much interest to students of peacebuilding, conflict resolution, security studies and IR in general.




The Role of Business in the Responsibility to Protect


Book Description

The book provides a thorough analysis of how the private sector can play a role in the Responsibility to Protect.




The Responsibility to Protect and the International Criminal Court


Book Description

This book provides an account of how the responsibility to protect (R2P) and the International Criminal Court (ICC) were applied in Kenya. In the aftermath of the disputed presidential election on 27 December 2007, Kenya descended into its worst crisis since independence. The 2007-08 post-election crisis in Kenya was among the first situations in which there was an appeal to both the responsibility to protect and a responsibility to prosecute. Despite efforts to ensure compatibility between R2P and the ICC, the two were far from coherent in this case, as the measures designed to protect the population in Kenya undermined the efforts to prosecute perpetrators. This book will highlight how the African Union-sponsored mediation process effectively brought an end to eight weeks of bloodshed, while simultaneously entrenching those involved in orchestrating the violence. Having secured positions of power, politicians bearing responsibility for the violence set out to block prosecutions at both the domestic and international levels, eventually leading the cases against them to unravel. As this book will reveal, by utilising the machinery of the state as a shield against prosecution, the Government of Kenya reverted to an approach to sovereignty that both R2P and the ICC were specifically designed to counteract. This book will be of interest to students of the Responsibility to Protect, humanitarian intervention, African politics, war and conflict studies and IR/Security Studies in general.




The Oxford Handbook of Kenyan Politics


Book Description

Kenya is one of the most politically dynamic and influential countries in sub-Saharan Africa. Today, it is known in equal measure as a country that has experienced great highs and tragic lows. In the 1960s and 1970s, Kenya was seen as a ''success story" of development in the periphery, and also led the way in terms of democratic breakthroughs in 2010 when a new constitution devolved power and placed new constraints on the president. However, the country has also made international headlines for the kind of political instability that occurs when electoral violence is expressed along ethnic lines, such as during the "Kenya crisis" of 2007/08 when over 1,000 people lost their lives and almost 700,000 were displaced. The Oxford Handbook of Kenyan Politics explains these developments and many more, drawing together 50 specially commissioned chapters by leading researchers. The chapters they have contributed address a range of essential topics including the legacy of colonial rule, ethnicity, land politics, devolution, the constitution, elections, democracy, foreign aid, the informal economy, civil society, human rights, the International Criminal Court, the growing influence of China, economic policy, electoral violence, and the impact of mobile phone technology. In addition to covering some of the most important debates about Kenyan politics, the volume provides an insightful overview of Kenyan history from 1930 to the present day and features a set of chapters that review the impact of devolution on regional politics in every part of the country.







The UN Convention on the Rights of Persons with Disabilities in Practice


Book Description

Introduced in 2008, the UN Convention on the Rights of Persons with Disabilities has existed for nearly a decade. This comprehensive study examines how courts in thirteen different jurisdictions make use of the Convention. The first sustained comparative international law analysis of the CRPD, Waddington and Lawsons ground breaking text illuminates the intersection between human rights law, disability law and international law through an examination of the role of courts. The first part of the book contains chapters specific to each jurisdiction. The second part consists of comparative chapters which draw on the rich analysis of the jurisdiction-specific chapters. These chapters reflect on emerging patterns of judicial usage and interpretation of the CRPD and on the wider implications for human rights theory and the nascent field of international comparative human rights law. This volume is a vital and thought-provoking addition to the literature on comparative international law and disability rights.




International Negotiation and Mediation in Violent Conflict


Book Description

This collection of essays situates the study and practice of international mediation and peaceful settlement of disputes within a changing global context. The book is organized around issues of concern to practitioners, including the broader regional, global, and institutional context of mediation and how this broader environment shapes the opportunities and prospects for successful mediation. A major theme is complexity, and how the complex contemporary context presents serious challenges to mediation. This environment describes a world where great-power rivalries and politics are coming back into play, and international and regional organizations are playing different roles and facing different kinds of constraints in the peaceful settlement of disputes. The first section discusses the changing international environment for conflict management and reflects on some of the challenges that this changing environment raises for addressing conflict. Part II focuses on the consequences of bringing new actors into third-party engagement and examines what may be harbingers for how we will attempt to resolve conflict in the future. The third section turns to the world of practice, and discusses mediation statecraft and how to employ it in this current international environment. The volume aims to situate the practice and study of mediation within this wider social and political context to better understand the opportunities and constraints of mediation in today’s world. The value of the book lies in its focus on complex and serious issues that challenge both mediators and scholars. This volume will be of much interest to students, practitioners, and policymakers in the area of international negotiation, mediation, conflict resolution and international relations.




Territory and Power in Constitutional Transitions


Book Description

This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.




Minding the Gap


Book Description

The prevailing narrative on Africa is that it is awash with violent conflict. Indeed, it does suffer from a multitude of conflicts — from border skirmishes to civil wars to terrorist attacks. Conflicts in Africa are diverse and complex, but there have been a number of cases of successful conflict management and resolution. What accounts for the successes and failures, and what can we learn from Africa’s experience? Minding the Gap: African Conflict Management in a Time of Change takes on these questions, bringing together more than 20 experts to examine the source of conflicts in Africa and assess African management capacity in the face of these conflicts.