Constitutionalism and Governance in Africa

Phone (263) - 54 60337/60331 Ext – 239/223/266.
Fax : (263) –54 60223 / 60753.
MIDLANDS STATE UNIVERSITY

CALL FOR PAPERS

Midlands State University is calling for papers from individuals, academics and professionals interested in attending an international conference on “ Constitutionalism and Governance in Africa: Reconstituting Constitutional Government in the SADC.” The conference will be held in Zimbabwe from 25-27 April 2006. It is also open to those interested in issues covered but may not wish to develop papers for presentation.
The Conference

The quest for democratic governance is well documented (G. Hyden et al, 2000). However it is disturbing that ‘most (transitions in Africa) have turned out to be false starts; the democratisation has often been shallow...But the pressures for democratisation are so strong that for most of Africa it is no longer a question of whether there will be a democratic transition but when’ (C. Ake, 1996).

When Africans intensified the fight for independence, many of their leaders argued that deteriorating living conditions among the indigenous peoples were the result of European exploitation. They further argued that independence and the capture of the apparatus of government by indigenous elites would provide the state with the wherewithal to deal effectively with poverty and high levels of material deprivation and generally improve the living conditions of all citizens, especially those who had been marginalized by colonial rule. The end of colonialism and the subsequent departure of Europeans was expected to allow Africans to take charge of their own destiny, manage their own social, political, and economic affairs, and take responsibility for the design and execution of policies affecting their lives.

Following years of independence, researchers began to argue that a significant part of Africa’s continued poverty and underdevelopment was due to policy mistakes committed by poorly educated, ill-informed, and incompetent, but well-meaning civil servants and politicians. Dissemination of the results of this research led to calls throughout the continent for a change in leadership—it was argued that these poorly trained individuals be sacked and replaced by better educated, honest, and more disciplined and skilled managers (Mbaku 2004). As argued then, growth-enhancing policies, especially those that were capable of dealing effectively with poverty, could only be promoted and sustained if each country placed in public office, honest, skilled and competent people (Ergas, 1986; World Bank, 1981; OAU, 1981).

Constitutionalism and democratic governance must provide the enabling environment for the democratic project to succeed.

The constitutional rules that most African countries adopted at independence did not have the legitimacy, which according to Sundhaussen (1991, 108), usually derives from the “understanding and voluntary acceptance of the constitution by the people as a prescription for settling conflict within society.” Hence, while these constitutions were legal instruments, they lacked legitimacy. This has resulted in nations with constitutions but without constitutionalism (Okoth-Ogendo: 2000). It was inevitable that these rules would fail to reflect the values of the people to be governed by them; for one thing, constitution making at this time was top-down, elite driven and not participatory. The process was not democratic, bottom-up or people driven. The critical issue was that these constitutions did not reflect the values of the relevant stakeholder groups (i.e., the people whose lives would be governed by the rules selected (LeVine, 1964). Perhaps, more important is the fact that Africans were deprived of the opportunity to determine their own laws and institutions.

The failure of many of Africa’s post-Cold War state reconstruction projects to produce institutional environments capable of deepening democracy and enhancing popular participation, as well as transparency and accountability, has renewed interest in constitutionalism and democratic governance. There is a general feeling that people are now fed up with the suffocation of civil society, repression, corruption, and economic mismanagement. Popular constituencies have begun to resist and reject undemocratic leaders and forms of governance. Workers, students, women, rural and urban associations, even sections of the military, joined in the agitation for political liberalization and a return to democratic politics and governance. Of course, the results have varied from country to country and from experience to experience. Africa’s pro-democracy movements continue to face enormous constraints imposed on them by “the legacies of authoritarianism and military dictatorship, decades of economic mismanagement, and the subversion of the popular will,” as well as “the ruthless asphyxiation of civil society and programmed closure of political spaces by Africa’s dictators and the rabid politicization of nationality and identity platforms that precipitated violent conflicts and pogroms….”
Generally, there is today no nation in Africa that is isolated from the wave of protests, agitations for change, and popular enthusiasm for democratic rule. All African states have witnessed the emergence of new pro-democracy movements, leaders, political parties and issues on the political agenda.

There is need to share these experiences and to capture these developments at the SADC level so that this would assist in realization of the democratic project earlier in that region. For SADC, a region strewn by conflicts of various nature and degree of intensities, this conference would go a long way in developing governance norms that would ensure democracy becomes a value, process and practice in the region.

Overarching Objective:

To deepen understanding of bottom-up approaches to governance in Africa and explore the possibilities offered by the self-organizing potentials of African societies for developing and sustaining institutions of democratic governance. In pursuit of this overarching objective, the conference will seek to strengthen theoretical foundations for research on patterns of governance and assess the possibilities offered by the wave of democratization in Africa.
More specifically, the conference will undertake the following:
• Investigate relevant theoretical foundations for empirical research and research-action praxes in constitutionalism and governance in Africa
• Discuss, review and critique research and research-action papers on constitutionalism and governance
• Produce reference material on constitutionalism and governance.
Theme and Issues of Conference
Research papers will be presented addressing a range of governance and constitutionalism issues under the following theme:
Understanding Contemporary Patterns of Governance Arrangements and Constitutionalism in Southern Africa: These papers will discuss patterns of governance among Africa’s political formations, explaining their organizing principles and modes of participation and accountability. Papers will further seek to explain the imperatives of constitutionalism in Southern Africa today with a view of securing dynamic democracy and durable peace. Thus they will also focus on the participatory aspects of the constitution making processes with an aim towards finding strategies for deepening democracy. In general these papers identify best practices in constitution making and the location of civil society in such processes.

The research papers will be received from academics and practitioners in the field of governance and constitutionalism and their contributions will be edited into a book that will be a valuable contribution in the new growth area of constitutional and democratic governance.

Participants

Call for papers is made to academics and practitioners in the fields of political science, constitutionalism and governance to submit standard journal size papers in the following sub themes:
• The Contemporary African State and Governance
• Constitutionalism and governance: theoretical perspectives
• The State and constitutionalism
• Civil society, constitutionalism and governance
• Constitutionalism and Security sector reform
• Constitution making and democratic elections

All interested researchers, activists and public servants are hereby invited to send, not later than January 31st, 2006, a one-page abstract on any of the foregoing sub-themes to the following:
Shastry Njeru Tyanai Masiya
[email protected] [email protected] .
[email protected] [email protected]

Those selected will be notified by February 15th 2006. For those making presentations, full-length papers, not more than 20 pages, should reach the duo latest by April 15th 2006.
Conference fees

International Participants wishing to attend will have to pay a fee of US$300,00 or R2000. Zimbabwean participants will be expected to pay ZW$8million towards the conference. Fees should be paid into the following accounts of Midlands State University;

1. Bank: Commercial Bank of Zimbabwe
Foreign Currency Account number: 0182772520036
Branch: Gweru, Zimbabwe

2. Bank: Commercial Bank of Zimbabwe
Current Account: 01820772520016
Branch: Gweru, Zimbabwe

Kindly send to us by fax, the details of any deposits made as soon as possible.
Payments made on the day of the conference will attract an additional 10% late payment charge.