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James Owusu
Center for Teaching the Rule of Law
08/01/2016
How does/can the rule of law work for one that is confronted with obstacles such as:
kidnapping/blacklisting-when promoting the rule of law? Oppression through intimidation/Rule by law
of police/ military?
Equipping the oppressed with the knowledge of their rights will be the most effective way to
promote the message. In promoting the protection of human rights, the importance of knowledge and
understanding of the Rule of Law increases. However, the issue that faces sub-Saharan countries
demands unconventional ways. In the West, the implementation of Rule of Law knows a more
structured form due to institutions and values rooted in democracy and the protection of human rights.
In sub-Saharan Africa, the story is different. The history of oppression that led to movements aimed at
toppling colonizers demanded informal ways and means at arriving at Independence. During this period,
informality worked because all creeds had a common enemy and more importantly, the same goal:
Independence. Consequentially, this was when African Nationalism was birthed. These movements have
formed a legacy in sub-Saharan African politics. While they were necessary for Independence, they are
not ideal for consolidating democracy-history proves this.
Political and social movements embrace secrecy, mobilization, and treat challenges and issues
as causes. Political and social parties treat challenges as Issues. In democracy, issues drive politics. In
sub-Saharan Africa, however, the ‘cause & movement’ legacy are rooted in most aspects of society. This
not only disrupts the propensity for effective democracy; corruption and oppression also tend to evolve
into various complex forms.
Understanding this helps us tackle the issue from a different perspective that must respect the
particularity of the region. Tamanaha 2004 states that “strict adherence to the dictates of formal legality
can be alienating and destructive” when it clashes with surrounding social understandings especially in
communitarian based societies. As long as the elements of human rights, security, transparency and
accountability are understood & respected within the context of the culture, formal legality may not be
necessary. This, however, is not the case in sub-Saharan Africa.
The way to tackle this issue perhaps is to harness the nature of informality that is prevalent in
African societies towards the promotion of Rule of Law.
In societies where advocates for the rule of law are not faced with life threatening possibilities, there
should be aggressive education of rule of law in schools, on the radio, social media and other similar
platforms.
In societies where advocates for the rule of law are faced with complex and real life threatening
possibilities, harnessing the nature of ‘causes and movements’ while utilizing the facets of globalization
that are unstoppable may be a way in the right direction.
Technology has made it possible for the African in some of the most remote parts of the
continent to receive phone calls, text messages, & even mobile payments.
Take Ghana for instance, information can be spread through the radio, billboards, social media, vobolo
(local podcasts), schools and even transport systems (example: troski knowledge). Rule of Law advocates
in similar societies need to harness these resources aggressively to promote mass information about the
Rule of Law.
In societies where oppression is more blatant, information can still be spread because of
globalization. Due to the high amounts of mobile phone ownership and subscription in sub-Saharan
African countries; sponsored ads could be one way of promoting the message.
Each country has its characteristics that could be harnessed toward promoting the ROL as a “brand.”
ROL advocates in these countries should brainstorm ways in which certain aspects of their society can
help promote attention to the ROL in a safe manner.
References:
Tamanaha Z. Brian. 2004. “On the rule of law: History, Politics, Theory” Cambridge, p. 1-5.

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ROL in sub-Saharan context

  • 1. James Owusu Center for Teaching the Rule of Law 08/01/2016 How does/can the rule of law work for one that is confronted with obstacles such as: kidnapping/blacklisting-when promoting the rule of law? Oppression through intimidation/Rule by law of police/ military? Equipping the oppressed with the knowledge of their rights will be the most effective way to promote the message. In promoting the protection of human rights, the importance of knowledge and understanding of the Rule of Law increases. However, the issue that faces sub-Saharan countries demands unconventional ways. In the West, the implementation of Rule of Law knows a more structured form due to institutions and values rooted in democracy and the protection of human rights. In sub-Saharan Africa, the story is different. The history of oppression that led to movements aimed at toppling colonizers demanded informal ways and means at arriving at Independence. During this period, informality worked because all creeds had a common enemy and more importantly, the same goal: Independence. Consequentially, this was when African Nationalism was birthed. These movements have formed a legacy in sub-Saharan African politics. While they were necessary for Independence, they are not ideal for consolidating democracy-history proves this. Political and social movements embrace secrecy, mobilization, and treat challenges and issues as causes. Political and social parties treat challenges as Issues. In democracy, issues drive politics. In sub-Saharan Africa, however, the ‘cause & movement’ legacy are rooted in most aspects of society. This not only disrupts the propensity for effective democracy; corruption and oppression also tend to evolve into various complex forms. Understanding this helps us tackle the issue from a different perspective that must respect the particularity of the region. Tamanaha 2004 states that “strict adherence to the dictates of formal legality
  • 2. can be alienating and destructive” when it clashes with surrounding social understandings especially in communitarian based societies. As long as the elements of human rights, security, transparency and accountability are understood & respected within the context of the culture, formal legality may not be necessary. This, however, is not the case in sub-Saharan Africa. The way to tackle this issue perhaps is to harness the nature of informality that is prevalent in African societies towards the promotion of Rule of Law. In societies where advocates for the rule of law are not faced with life threatening possibilities, there should be aggressive education of rule of law in schools, on the radio, social media and other similar platforms. In societies where advocates for the rule of law are faced with complex and real life threatening possibilities, harnessing the nature of ‘causes and movements’ while utilizing the facets of globalization that are unstoppable may be a way in the right direction. Technology has made it possible for the African in some of the most remote parts of the continent to receive phone calls, text messages, & even mobile payments. Take Ghana for instance, information can be spread through the radio, billboards, social media, vobolo (local podcasts), schools and even transport systems (example: troski knowledge). Rule of Law advocates in similar societies need to harness these resources aggressively to promote mass information about the Rule of Law. In societies where oppression is more blatant, information can still be spread because of globalization. Due to the high amounts of mobile phone ownership and subscription in sub-Saharan African countries; sponsored ads could be one way of promoting the message. Each country has its characteristics that could be harnessed toward promoting the ROL as a “brand.”
  • 3. ROL advocates in these countries should brainstorm ways in which certain aspects of their society can help promote attention to the ROL in a safe manner.
  • 4. References: Tamanaha Z. Brian. 2004. “On the rule of law: History, Politics, Theory” Cambridge, p. 1-5.