Historical
Background
In 2003, with the publication
of its10th volume, the African Yearbook of International
Law (Kluwer Law International, The Hague) had completed
its first decade of existence (for an overview, see
www.ayil.org). The African Yearbook was kept alive and
became a viable and respectable scholarly forum despite
the lack of financial or institutional support.
The African Foundation for International Law (AFIL)
was established to provide this publication with institutional
auspices. The creation of the African Foundation was
also prompted by other considerations related to the
teaching, dissemination and development of international
law in Africa.
Goals
As provided in its Statutes,
the aims and purposes of the Foundation are inter alia
:
“(i) to promote study, research and analysis on
international legal matters of particular interest and
relevance to African countries and to foster the teaching
and dissemination of international law in Africa;
(ii) to encourage and promote intellectual debate and
exchanges on international legal issues of particular
interest to Africa and its peoples and to foment the
establishment of networks among African international
lawyers as well as between the latter and scholars of
other continents;
(iii) to contribute actively to the promotion and building
of the rule of law in Africa, in general”.
Means
The Foundation shall pursue those aims and purposes
through inter alia:
“(i) the
publication of the “African Yearbook of International
Law”, the “African e-Journal of International
Law” and such other periodicals, journals and
monographs as may be decided upon by its Governing Board;
(ii) the establishment of research centres, or other
academic institutions;
(iii) the launching of initiatives aimed at building
networks or at promoting collaboration and coordination
among African legal scholars and practitioners;
(iv) the organization of conferences, symposia, seminars
and other academic forums for exchange and dissemination
of ideas, or for training purposes;
(v) the provision, upon request, of advice to African
institutions or governments on international legal matters.
“
Africa and the Development of International Law
With the creation of the African
Foundation, we have thus embarked on a wider enterprise
in the service of our continent and its peoples, for
we believe that the advancement and promotion of international
law, and of the rule of law, are integral to the development
of Africa.
We also believe that Africa has much to contribute
to the development of international law and to the values
underlying it for a better understanding and peace among
nations.
As stated by Chinua Achebe: “Africa is not only
a geographical expression; its is also a metaphysical
landscape- it is in fact a view of the world and of
the whole cosmos perceived from a particular position”
(“Thoughts on the African Novel” in Chinua
Achebe, Hopes and impediments: Selected Essays, Anchor
Books, October 1990, p.92). A clear articulation of
that view with respect to international law will not
only be to the benefit of Africa, but of the entire
world. It is therefore our hope that through the establishment
of the African Foundation, we will have both a strategy
and a mechanism for pursuing the above objectives.
International Law and the Development of Africa
In 1993, in the foreword to the first volume of the African
Yearbook of International Law, we have observed that:
“The peoples and States of
Africa are currently going through a difficult period
of their existence and development. The hopes and
expectations raised by the emergence into independent
nationhood during the past three decades have encountered
the hard realities and demands of nation-building,
consolidation of statehood and promotion of economic
and social development. In some instances, fragile
economic and social structures and state institutions
have buckled under burdensome pressures.”
Unfortunately, the situation has not
changed much. In certain cases, it has actually worsened.
Suffice it to mention the genocide in Rwanda, the massacres
and mass killings in Somalia, Sierra Leone, and Sudan
and the conflicts in Côte d’Ivoire and Democratic
Republic of Congo. Civil wars, the collapse of state
institutions, and the rise of warlords and tin-pot tyrants
continue to undermine human rights, the rule of law
and the prospects for economic development in certain
parts of the continent. It is not however all doom and
gloom in Africa, as some may argue. In many African
countries, the rule of law is slowly taking root. Continent-wide
institutions and initiatives, such as the African Union
and NEPAD are also showing a new commitment to the promotion
of democratic change, peaceful resolution of conflicts
and economic development.
The African Foundation will try to
contribute to these positive trends in the continent.
Through the study and analysis of emerging legal issues
of particular relevance to Africa, such as the creation
of viable continental institutions capable of promoting
unity and security for the peoples of the continent,
the effective protection of human rights, the end of
impunity for mass killings and massive violations of
the rule of law, the promotion of a rule-based democratic
culture, the role of African countries in a globalizing
world economy and in international trade relations,
the African Foundation will strive to be responsive
to the intellectual needs of African countries in the
area of international law, and to the continuing struggle
for creating an environment conducive to the rule of
law throughout the continent.
These challenges will hopefully
keep the African Foundation a vital and vibrant institution
for the years to come.
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