At a UN conference in New York, leading African thinkers challenge colonial legacies and advocate for a justice system rooted in African traditions.
Professor Ngũgĩ wa Thiong'o, one of Africa's celebrated novelists, created a stirring moment at a conference of African academics and policymakers at the United Nations headquarters on 3 December by delivering his keynote address in Kikuyu, his native language from Kenya.
In his remarks, the Professor of English and Comparative Literature at the University of California, Irvine, who stopped writing in English years ago, rhetorically asked the audience: "Have you ever heard an African leader address the UN in an African language?"
Drawing a direct connection between Africa's colonial-era constitutions and treaties, all written in English, and the continued marginalization of African masses in legal systems, Prof. Thiong'o declared: "Justice cannot be justice if conducted in a language people do not understand."
The 2nd Annual Academic Conference on Africa, organized by the United Nations Office of the Special Adviser on Africa (OSAA) and the UN Academic Impact under the theme "Power, Justice, and the People: Human Rights and the Rule of Law for Africa's Transformation," brought leading minds to discuss Africa-led solutions to some of Africa's challenges.
Participants included Ghana's Chief Justice Gertrude Sackey Torkornoo, Kenya's Appeal Court Justice Joel Mwaura Ngugi, former Ugandan MP Ronald Reagan Okumu, Paramount Chief Mary Larteh of Jorquelleh of Liberia, and a host of eminent African academics.
The organizers intended for attendees to take a comprehensive look at human rights in Africa by exploring the interplay between political, socioeconomic, and cultural rights. They also wanted an examination of the evolution of the rule of law on the continent, focusing on how history, culture and socio-political factors have shaped African legal systems. A session was earmarked to address ways to strengthen collaboration between African academics and policymakers.
The three-day discussions lived up to their billing, addressing a range of topics including weak institutions, the digital divide, systemic inequalities, human rights, and the rule of law, among others.
A continent of agency
Christina Duarte, Under-Secretary-General and UN Special Adviser on Africa, set the tone in her opening remarks: "Africa is not a prisoner of its past. It's a continent of resilience, agency and diverse systems of governance." She urged attendees to reimagine justice through an African lens, advocating for the integration of customary and formal justice systems.
The recurring theme of "African solutions to African challenges" resonated strongly, though participants equally debated the extent to which Africa's colonial past could be blamed for its present woes versus the necessity of focusing on the future.
Africa "should stop begging, start blaming, and start moving forward," stressed Prof. Chidi Odinkalu of Tufts University, drawing cheers from the audience.
Justice Joel Mwaura Ngugi of Kenya's Court of Appeal criticized the "epistemic hierarchies brought to Africa from the Global North." Human rights, for example, must go beyond cataloging violations to championing dignity and social justice, he maintained.
Duality of justice systems
The duality of Africa's justice systems--formal courts and customary traditions--was a central topic of discussion.
Chief Justice Torkornoo pointed out that the strength of Ghana's customary law has been instrumental in preventing civil war in the country, as these courts have provided crucial leadership during crisis times.
Adding a grassroots perspective, Paramount Chief Mary Larteh of Jorquelleh, Liberia, reinforced that the pre-colonial justice systems under the "palava hut" as rooted in community and tradition, and resolved conflicts quickly and fairly. "Our culture is [now] devalued, but it brought peace faster than the imposed systems," she lamented.
Justice Ngugi highlighted that in Kenya, 64 percent of disputes are resolved through alternative systems, 17 percent go to court, and 19 percent remain unresolved due to lack of access. With the courts already overburdened, to expand access he emphasized that "We must bring the 19 percent into alternative systems."
Prof. Zeleza outlined challenges to Africa's judicial systems, including weak institutions, limited independence, poor oversight, resource constraints, corruption, and limited accessibility. He noted that bodies like the African Union, International Criminal Court, and International Court of Justice lack enforcement power and rely on national governments.
Ms. Duarte underscored the importance of bridging the gap between scholars and policymakers. "Policy cannot thrive without the insight of research, and research must influence the corridors of power," she said.
Ashraf Swelam, Assistant Minister of Foreign Affairs for African Organizations and Communities, pointed to the disconnect between academia and governance. Academics often prefer perfect solutions while policymakers contend with bureaucracy and resource constraints. That gap can be bridged, he counseled, urging academics to proffer actionable ideas at local levels.
Power of digital technology
Hailed as a transformative force, participants acknowledged technology as a double-edged sword. It has the potential to democratize access to justice and at the same time exacerbate inequalities if deployed inequitably. They also raised privacy concerns.
Still, according to Mr. Swelam, digital technology places young people in a much stronger position to "understand the world we are about to face and prepare for it."
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The participants also addressed Africa's limited representation in global scholarship, despite its rich intellectual traditions. "Africa accounts for just 3.4 percent of global research output," way below Asia's 40%, noted Prof. Paul Tiyambe Zeleza of Howard University.
There was broad consensus on the importance of capturing and showcasing Africa's knowledge production, taking advantage of advancements in technology.
Not just another conference
As the final session ended, Ms. Duarte reminded participants that this was "not just another conference." It was a starting point for actionable change. She challenged political leaders, scholars and citizens to think boldly and collaboratively.
"Africa's future must be defined by its people, not external narratives" she emphasized, pointing to Africa's clout in self-financing its development by up to 75 percent, which is 20 times more than official development assistance and 60 times more than foreign direct investment. "Why do we keep looking outside for solutions?" she asked. "We need to challenge our mindset and knowledge."
The conference concluded with a call to build a new future for Africa. But the question "Whose rule of law is it?" demands practical action on a continent far away from the conference room in New York. Prof. Zeleza cautioned that the rule of law alone cannot solve society's problems, emphasizing the need to tackle broader social issues.
