Beyond survival – a story of justice

Prelude – a friend recently reminded me of the piece below, and to me it as relevant now as it was then. So when I think about things to target in 2025, I would love for us to continue our series, exploring the rule of law theme across Africa, but perhaps with a caveat, with Africa no longer on trial, but instead in session; the center piece of the round table; no less incisive, but more focussed on reaching a restorative outcome. I hope we can make the spectacle happen and all that may flow from it!

first published 6 May 2019 on LinkedIn

Here we were, given a platform at the World Justice Forum at the Hague. To be anything other than bold would have been to miss the opportunity.

The Africa on Trial Series – we set out to tell a story, our story, an authentic version, call it interpretation if you will, of the Rule of Law situation within the continent of Africa; and we began with a glimpse of the East African experience.

The human spirit that pervades African culture lays at the heart of the continent’s collective genius – beyond survival. Notwithstanding the madness that sometimes surrounds the modern awakening of what Africa’s survival actually means, I personally deem it essential to build narratives in ways that are reflective of the modes of communication that speak to who we are as peoples.  

The heart pulse of the drum, its time keeping quality of life itself, underpinning the artful tones of the human voice, this had to be the point at which our story made its opening. The darkened stage was illuminated by a singular voice, a deepened cry with the force of a community lamenting its reality of the ‘formal’ justice system alluding its reach. It longed to be connected to a justice ethos centred around the community that provided home grown solutions, able to expand its influence and to cater for the needs of everyday persons.

From the concentricity of the drum and bass lines within her voice, the lament spiralled onwards to two souls in motion (the dance). Intertwined expressions: traditional, modern, from home, from abroad and often merged in unison. The passion, fluidity and magnetism of the spectacle created a positive tension that surrounded the auditorium. Our crucible at the Hague was now formed.

We then provided an interpretive, some would say declaratory piece, weaving the sensory display of song, emotion and spirit that had been received, into the written form and delivered poetically, orally.

The trial then followed, the prosecution submitting powerful examples of the Rule of Law deficit within the East Africa region. The repost by the defence, delicate, realistic, showing that situations are seldom black and white as often presented. 

The Judgement, a skilful balancing and acknowledgment of the low and high points of East Africa’s Rule of Law story; offering a timely reminder to all listening that East Africa is nowhere near its end story and thus to pronounce a guilty verdict would be unfair, missing the point, of history, of where the future of the region is projected towards, and of the clear evidence of positive movement toward a brighter tomorrow.

My take – Nations of Africa continue to grapple with their post independent status, constructed in large part to serve the external interests of the then current global hierarchy. Awakening a different reality and asserting identities that are at home with peoples across the continent of Africa is a massive venture. But it is under way. This process will not always be pretty, quite the contrary. However, the fact that after centuries of subjugation, it is said that at least eighty percent of the peoples within the continent of Africa rely on justice systems that emanate from their immediate communities, is in my view something to be celebrated. This is beyond survival and we need to take greater note of this phenomenon. Law is a living instrument and the justice systems across Africa must be allowed to live in full view of their actual relevance. 

If the reality is that so called “traditional” justice systems are the accepted mode of justice in so far of the vast majority of people are concerned, then perhaps they should take centre stage. History has demonstrated that properly resourced, in terms of status, human capital and financial support, such systems evolve and refine from within and in view of external factors. Moreover, an augmented system that is better understood and appreciated, is more likely to be able to influence others with its virtues (think of the global move towards restorative justice, a very African influenced development). 

At the domestic level, one can envision systems of justice able to serve the people in ways that they were specifically and organically built to serve. In the African context, this vision is highly unlikely to be an over-night outcome, but it is certainly an end picture that is worth exploring and working towards.

Our taking the stage at the World Justice Forum was but a momentary offering and from the feedback we received, I believe that we made a real lasting impact; however, our presentation was also a call for stakeholders, those on the continent in particular, to work together to assist the formation of authentically African systems of justice. We need all our sensory abilities, technologies and connections to the centre points of our respective communities. This will hopefully ensure that our efforts in these fields are of service to the peoples of our continent and will keep us connected to the global and timeless principles that define our collective humanity.

We thank all those who have listened to and appreciated our efforts at the World Justice Forum. We acknowledge and are grateful for the support we received to make our presence at the Hague possible, this includes the World Justice Project (Nancy Ward and her team) and Microsoft Middle East & Africa (Christopher Akiwumi, Serge Ntamack, Ahmed El Essawi et al).

Onwards!