By amending discriminatory laws and practices related to the treatment of widows in Africa, ... more By amending discriminatory laws and practices related to the treatment of widows in Africa, widows can gain new rights based on evolving international human rights standards on equality. In Nigeria, both common law and statutes perpetuate discrimination against widows by subjecting them to dehumanizing treatment. The current laws ignore the deep social changes that have been present in Africa since the onset of colonialism. Due to the piecemeal way in which African legal systems were constructed, patently discriminatory laws are routinely upheld by the courts. This is done despite constitutional provisions espousing the principles of equality and non-discrimination, thereby creating tension between protecting rights and preserving the culture.
Generally, Nigerian widows are disinherited and required to observe prescribed, and often humiliating, burial rituals after the death of their husbands. Widows hesitate utilizing the formal justice system because they are afraid of being viewed as greedy and willing to reject long-standing customs. Despite the advances in African human rights, a majority of African women remain disadvantaged due to their reluctance to take on the legality of widely accepted social practices. Customs have begun to change, but only when a traditional ruler has been insistent on change. However an effective reform strategy requires comprehensive changes in both law and societal attitudes, as well as a more concerted effort by the women themselves. In order to stop discriminatory and humiliating practices, African widows must overcome centuries of myth, superstition, and male-shaped ideology by actively combating these injustices alongside proponents of human rights and women's rights.
American University International Law Review, Feb 5, 2010
The Universal Declaration of Human Rights (“UDHR”) has provided inspiration for declarations... more The Universal Declaration of Human Rights (“UDHR”) has provided inspiration for declarations and treaties throughout Africa, which have improved the quality of living for many. The special attention in UDHR given to the rights of children has yet to significantly benefit children in Africa. Under UDHR’s influence, agreements like The African Charter on Human and People’s Rights and several African state constitutions promoted children as bearers of rights, but such agreements are inhibited by the four tyrannies: culture, poverty, corruption, and globalization. UDHR does little to prevent harmful cultural and religious practices directed towards children, especially girls, because certain customs and injustices are too entrenched in societies. The culture-clash between the Western ideas UDHR promotes and African social norms is evident in the conflicting images of childhood. The UDHR treats childhood as a time of play, which isn’t applicable to the African children who must work to survive. Poverty and corruption have slowed changes for children that UDHR hoped to bring about. Globalization has led to intensified child trafficking, sexual exploitation, and forced labor. But the success of the Human Rights movement leaves room for optimism for African children over the next sixty years. The promise of technological advances, new institutional partnerships, and new leadership may bring with them a promise of a better future for Africa’s children.
Minnesota Journal of International Law, Apr 22, 2011
In the last two decades, the world economy has seen a shift in intercontinental trade from "... more In the last two decades, the world economy has seen a shift in intercontinental trade from "North-South" interactions between developed northern hemisphere nations and the less developed southern hemisphere nations, to "South-South" interactions between developing countries. This projects an optimistic future for developing economies. The economies of African nations will have room for expansion, access to new markets, and opportunity for gains in efficiency and specialization. They will be freed from over-dependence on Northern Markets and can focus on self-sustainability. Africa’s role in south-south trade and investment could present the opportunity African nations need to reduce poverty and improve their economic standings. However, a lack of pan-African coordination could result in the marginalization of smaller African nations. Also, since most foreign interest in African markets is for primary sector commodities, a nation’s market may be reduced to an exporter of raw materials. This limits the technological or industrial reform these nations need. African nations face many perils because of instability and internal divides, but there are strategies and responses that emerging economies can use to protect themselves. The African nations can unite to prevent the marginalization of smaller nations. Also, if African-Small Nation investments targeted consumer products for Asian and Western markets, exploitations by developed nations could be avoided. Strengthening regional trade, identifying priority markets, and redirecting civil society groups would also promote healthy South-South interactions. Promoting African nations in the global economy will benefit Africa and could create greater balance in the global economy.
A critical analysis of posthumous conception African style (“PPAS”) and posthumous conceptio... more A critical analysis of posthumous conception African style (“PPAS”) and posthumous conception Western style (“PPWS”) reveals inconsistencies between the two practices and sheds light on similarities in practices across cultures and civilizations -- similarities that are seemingly ignored by international human rights bodies and human rights activists. Under PPAS, there are at least four ways in which a child can be conceived posthumously. A commonality among all four is that no genetic link exists between the dead man and any children attributable to him. PPAS has and continues to be used in many patrilineal African cultures in order to ensure societal stability. Over the years, Nigerian courts have concluded that the various customary practices relating to posthumous procreation are invalid and unenforceable under the repugnancy principle. However, a hasty application of international human rights law (“IHRL”) and the repugnancy test to PPAS could be problematic and ultimately counterproductive. PPAS creates many concerns with the children and women involved in the practice as well as overall public health. In contrast to PPAS, PPWS provides that the dead man is the genetic father of the any children attributable to him. PPWS is achieved through the cryopreservation of sperm and the subsequent artificial insemination of a woman. PPWS, like PPAS, also causes concerns related to children resulting from a posthumous conception. A comparative study of both ancient and modern practices of posthumous procreation shows many similarities between cultures and raises important questions about marriage, paternity, and mortality in both Africa and the West.
Attempts to assist developing countries’ access to much needed pharmaceuticals have been imp... more Attempts to assist developing countries’ access to much needed pharmaceuticals have been implemented but will not address all the problems associated with public health in the developing world. The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) sought to balance access to low priced, essential medical supplies with a legal environment that respects intellectual property rights. Under TRIPS and the subsequent Doha Declaration, developing countries without adequate manufacturing capacities can import pharmaceuticals produced in foreign countries under compulsory licenses. Though, this arrangement’s true effectiveness at providing low cost pharmaceuticals to the developing world is not fully apparent. Careful analysis of the TRIPS negotiation history helps uncover the motivations of developing countries, developed countries, and pharmaceutical companies in addressing issues of public health and intellectual property rights. By examining specific cases in the United States of abuse by pharmaceutical companies to delay or suppress generic competition, parallels can be drawn as to how abuse may occur internationally despite TRIPS. Both the lack of a multilateral framework on competition policy and the costs associated with the potential implementation of TRIPS pose significant burdens for developing countries. Compulsory licensing creates conditions that impose unnecessary costs on developing countries, which limit the practical application of acquiring necessary pharmaceuticals, and will not address all the problems related to public health.
This paper examines the opportunities and pitfalls that renewed Sino-Africa trade relations ... more This paper examines the opportunities and pitfalls that renewed Sino-Africa trade relations presents for Africa, traces the evolution in China-Africa partnership discourse, identifies the basic legal and policy framework of the unfolding relationship, and calls for a clear Africa policy regarding China. The paper will also seek to identify the core characteristics of China’s partnership with Africa. The emphasis is on the trade and investment dimension of the Sino-Africa relations.
The year 2006 was dubbed “China’s Year of Africa.” Since 2000, the interest of the People’s Republic of China (“China”) in Africa has grown steadily. The Forum on China-Africa Cooperation (“Forum” or “FOCAC”) was created by Africa and China and formally launched in October 2000 to serve as a vehicle for promoting China-Africa friendship and cooperation. In October 2000, Beijing hosted the ministerial conference of the Forum (“First Ministerial Conference”). The Second China-Africa Forum on Cooperation was held in Addis Ababa Ethiopia, from December 15 to 16, 2003. More recently, the Beijing Summit & Third Ministerial Conference on China-Africa Cooperation took place in November 2006. In January 2006, the Chinese Government, for the first time, issued an African Policy Paper. Since January 2006, Chinese President Hu Jintao and Premier Wen Jiabao have paid friendly visits to at least 10 African countries.
Emerging discourse on the China-Africa relationship depicts China either as the new imperial power or as Africa’s benefactor. In the West, reaction to China’s involvement in Africa has bordered on suspicion and paranoia. Policy makers and analysts in the West are concerned that China could gain control over Africa’s vast and untapped natural resources, particularly the continent’s energy reserves. The current struggle over Africa’s resources evokes worrying memories of an earlier scramble for pieces of the continent in the late nineteenth century by Western European powers and in the 1950s and 1960s by Eastern powers, principally China and Russia. China’s involvement in Africa has serious implications not only for Africa and Africans but also for U.S. security and energy interests. Instead of paranoia, this paper calls for guarded optimism regarding the deepening relationship between Africa and China. With China confident emergence on the global stage as the economic empire of the future, it would be ill-advised for African leaders to turn their backs on the sleeping giant. However, while there is much that Africa could gain from the relationship, African leaders and Africans must guard against imperialism of any sort and shy away from arrangements that threaten sustainable development in the continent or undermine respect for human rights and human dignity. Most important, African leaders must push past Beijing's rhetoric of anti-hegemonism and develop clear policies to guide the continent’s engagement with China. Drawing on the rich but sad lessons of the scramble for Africa in the nineteenth century, African leaders must avoid the economic, political and legal pitfalls of the past and position the continent to benefit from strategic relations with countries that Alpha Oumar Konare, the President of African Union (AU) Commission, rightly refer to as ‘partners of the future.’
By amending discriminatory laws and practices related to the treatment of widows in Africa, ... more By amending discriminatory laws and practices related to the treatment of widows in Africa, widows can gain new rights based on evolving international human rights standards on equality. In Nigeria, both common law and statutes perpetuate discrimination against widows by subjecting them to dehumanizing treatment. The current laws ignore the deep social changes that have been present in Africa since the onset of colonialism. Due to the piecemeal way in which African legal systems were constructed, patently discriminatory laws are routinely upheld by the courts. This is done despite constitutional provisions espousing the principles of equality and non-discrimination, thereby creating tension between protecting rights and preserving the culture.
Generally, Nigerian widows are disinherited and required to observe prescribed, and often humiliating, burial rituals after the death of their husbands. Widows hesitate utilizing the formal justice system because they are afraid of being viewed as greedy and willing to reject long-standing customs. Despite the advances in African human rights, a majority of African women remain disadvantaged due to their reluctance to take on the legality of widely accepted social practices. Customs have begun to change, but only when a traditional ruler has been insistent on change. However an effective reform strategy requires comprehensive changes in both law and societal attitudes, as well as a more concerted effort by the women themselves. In order to stop discriminatory and humiliating practices, African widows must overcome centuries of myth, superstition, and male-shaped ideology by actively combating these injustices alongside proponents of human rights and women's rights.
American University International Law Review, Feb 5, 2010
The Universal Declaration of Human Rights (“UDHR”) has provided inspiration for declarations... more The Universal Declaration of Human Rights (“UDHR”) has provided inspiration for declarations and treaties throughout Africa, which have improved the quality of living for many. The special attention in UDHR given to the rights of children has yet to significantly benefit children in Africa. Under UDHR’s influence, agreements like The African Charter on Human and People’s Rights and several African state constitutions promoted children as bearers of rights, but such agreements are inhibited by the four tyrannies: culture, poverty, corruption, and globalization. UDHR does little to prevent harmful cultural and religious practices directed towards children, especially girls, because certain customs and injustices are too entrenched in societies. The culture-clash between the Western ideas UDHR promotes and African social norms is evident in the conflicting images of childhood. The UDHR treats childhood as a time of play, which isn’t applicable to the African children who must work to survive. Poverty and corruption have slowed changes for children that UDHR hoped to bring about. Globalization has led to intensified child trafficking, sexual exploitation, and forced labor. But the success of the Human Rights movement leaves room for optimism for African children over the next sixty years. The promise of technological advances, new institutional partnerships, and new leadership may bring with them a promise of a better future for Africa’s children.
Minnesota Journal of International Law, Apr 22, 2011
In the last two decades, the world economy has seen a shift in intercontinental trade from "... more In the last two decades, the world economy has seen a shift in intercontinental trade from "North-South" interactions between developed northern hemisphere nations and the less developed southern hemisphere nations, to "South-South" interactions between developing countries. This projects an optimistic future for developing economies. The economies of African nations will have room for expansion, access to new markets, and opportunity for gains in efficiency and specialization. They will be freed from over-dependence on Northern Markets and can focus on self-sustainability. Africa’s role in south-south trade and investment could present the opportunity African nations need to reduce poverty and improve their economic standings. However, a lack of pan-African coordination could result in the marginalization of smaller African nations. Also, since most foreign interest in African markets is for primary sector commodities, a nation’s market may be reduced to an exporter of raw materials. This limits the technological or industrial reform these nations need. African nations face many perils because of instability and internal divides, but there are strategies and responses that emerging economies can use to protect themselves. The African nations can unite to prevent the marginalization of smaller nations. Also, if African-Small Nation investments targeted consumer products for Asian and Western markets, exploitations by developed nations could be avoided. Strengthening regional trade, identifying priority markets, and redirecting civil society groups would also promote healthy South-South interactions. Promoting African nations in the global economy will benefit Africa and could create greater balance in the global economy.
A critical analysis of posthumous conception African style (“PPAS”) and posthumous conceptio... more A critical analysis of posthumous conception African style (“PPAS”) and posthumous conception Western style (“PPWS”) reveals inconsistencies between the two practices and sheds light on similarities in practices across cultures and civilizations -- similarities that are seemingly ignored by international human rights bodies and human rights activists. Under PPAS, there are at least four ways in which a child can be conceived posthumously. A commonality among all four is that no genetic link exists between the dead man and any children attributable to him. PPAS has and continues to be used in many patrilineal African cultures in order to ensure societal stability. Over the years, Nigerian courts have concluded that the various customary practices relating to posthumous procreation are invalid and unenforceable under the repugnancy principle. However, a hasty application of international human rights law (“IHRL”) and the repugnancy test to PPAS could be problematic and ultimately counterproductive. PPAS creates many concerns with the children and women involved in the practice as well as overall public health. In contrast to PPAS, PPWS provides that the dead man is the genetic father of the any children attributable to him. PPWS is achieved through the cryopreservation of sperm and the subsequent artificial insemination of a woman. PPWS, like PPAS, also causes concerns related to children resulting from a posthumous conception. A comparative study of both ancient and modern practices of posthumous procreation shows many similarities between cultures and raises important questions about marriage, paternity, and mortality in both Africa and the West.
Attempts to assist developing countries’ access to much needed pharmaceuticals have been imp... more Attempts to assist developing countries’ access to much needed pharmaceuticals have been implemented but will not address all the problems associated with public health in the developing world. The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) sought to balance access to low priced, essential medical supplies with a legal environment that respects intellectual property rights. Under TRIPS and the subsequent Doha Declaration, developing countries without adequate manufacturing capacities can import pharmaceuticals produced in foreign countries under compulsory licenses. Though, this arrangement’s true effectiveness at providing low cost pharmaceuticals to the developing world is not fully apparent. Careful analysis of the TRIPS negotiation history helps uncover the motivations of developing countries, developed countries, and pharmaceutical companies in addressing issues of public health and intellectual property rights. By examining specific cases in the United States of abuse by pharmaceutical companies to delay or suppress generic competition, parallels can be drawn as to how abuse may occur internationally despite TRIPS. Both the lack of a multilateral framework on competition policy and the costs associated with the potential implementation of TRIPS pose significant burdens for developing countries. Compulsory licensing creates conditions that impose unnecessary costs on developing countries, which limit the practical application of acquiring necessary pharmaceuticals, and will not address all the problems related to public health.
This paper examines the opportunities and pitfalls that renewed Sino-Africa trade relations ... more This paper examines the opportunities and pitfalls that renewed Sino-Africa trade relations presents for Africa, traces the evolution in China-Africa partnership discourse, identifies the basic legal and policy framework of the unfolding relationship, and calls for a clear Africa policy regarding China. The paper will also seek to identify the core characteristics of China’s partnership with Africa. The emphasis is on the trade and investment dimension of the Sino-Africa relations.
The year 2006 was dubbed “China’s Year of Africa.” Since 2000, the interest of the People’s Republic of China (“China”) in Africa has grown steadily. The Forum on China-Africa Cooperation (“Forum” or “FOCAC”) was created by Africa and China and formally launched in October 2000 to serve as a vehicle for promoting China-Africa friendship and cooperation. In October 2000, Beijing hosted the ministerial conference of the Forum (“First Ministerial Conference”). The Second China-Africa Forum on Cooperation was held in Addis Ababa Ethiopia, from December 15 to 16, 2003. More recently, the Beijing Summit & Third Ministerial Conference on China-Africa Cooperation took place in November 2006. In January 2006, the Chinese Government, for the first time, issued an African Policy Paper. Since January 2006, Chinese President Hu Jintao and Premier Wen Jiabao have paid friendly visits to at least 10 African countries.
Emerging discourse on the China-Africa relationship depicts China either as the new imperial power or as Africa’s benefactor. In the West, reaction to China’s involvement in Africa has bordered on suspicion and paranoia. Policy makers and analysts in the West are concerned that China could gain control over Africa’s vast and untapped natural resources, particularly the continent’s energy reserves. The current struggle over Africa’s resources evokes worrying memories of an earlier scramble for pieces of the continent in the late nineteenth century by Western European powers and in the 1950s and 1960s by Eastern powers, principally China and Russia. China’s involvement in Africa has serious implications not only for Africa and Africans but also for U.S. security and energy interests. Instead of paranoia, this paper calls for guarded optimism regarding the deepening relationship between Africa and China. With China confident emergence on the global stage as the economic empire of the future, it would be ill-advised for African leaders to turn their backs on the sleeping giant. However, while there is much that Africa could gain from the relationship, African leaders and Africans must guard against imperialism of any sort and shy away from arrangements that threaten sustainable development in the continent or undermine respect for human rights and human dignity. Most important, African leaders must push past Beijing's rhetoric of anti-hegemonism and develop clear policies to guide the continent’s engagement with China. Drawing on the rich but sad lessons of the scramble for Africa in the nineteenth century, African leaders must avoid the economic, political and legal pitfalls of the past and position the continent to benefit from strategic relations with countries that Alpha Oumar Konare, the President of African Union (AU) Commission, rightly refer to as ‘partners of the future.’
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Papers by Uche Ewelukwa
Generally, Nigerian widows are disinherited and required to observe prescribed, and often humiliating, burial rituals after the death of their husbands. Widows hesitate utilizing the formal justice system because they are afraid of being viewed as greedy and willing to reject long-standing customs. Despite the advances in African human rights, a majority of African women remain disadvantaged due to their reluctance to take on the legality of widely accepted social practices. Customs have begun to change, but only when a traditional ruler has been insistent on change. However an effective reform strategy requires comprehensive changes in both law and societal attitudes, as well as a more concerted effort by the women themselves. In order to stop discriminatory and humiliating practices, African widows must overcome centuries of myth, superstition, and male-shaped ideology by actively combating these injustices alongside proponents of human rights and women's rights.
The year 2006 was dubbed “China’s Year of Africa.” Since 2000, the interest of the People’s Republic of China (“China”) in Africa has grown steadily. The Forum on China-Africa Cooperation (“Forum” or “FOCAC”) was created by Africa and China and formally launched in October 2000 to serve as a vehicle for promoting China-Africa friendship and cooperation. In October 2000, Beijing hosted the ministerial conference of the Forum (“First Ministerial Conference”). The Second China-Africa Forum on Cooperation was held in Addis Ababa Ethiopia, from December 15 to 16, 2003. More recently, the Beijing Summit & Third Ministerial Conference on China-Africa Cooperation took place in November 2006. In January 2006, the Chinese Government, for the first time, issued an African Policy Paper. Since January 2006, Chinese President Hu Jintao and Premier Wen Jiabao have paid friendly visits to at least 10 African countries.
Emerging discourse on the China-Africa relationship depicts China either as the new imperial power or as Africa’s benefactor. In the West, reaction to China’s involvement in Africa has bordered on suspicion and paranoia. Policy makers and analysts in the West are concerned that China could gain control over Africa’s vast and untapped natural resources, particularly the continent’s energy reserves. The current struggle over Africa’s resources evokes worrying memories of an earlier scramble for pieces of the continent in the late nineteenth century by Western European powers and in the 1950s and 1960s by Eastern powers, principally China and Russia. China’s involvement in Africa has serious implications not only for Africa and Africans but also for U.S. security and energy interests. Instead of paranoia, this paper calls for guarded optimism regarding the deepening relationship between Africa and China. With China confident emergence on the global stage as the economic empire of the future, it would be ill-advised for African leaders to turn their backs on the sleeping giant. However, while there is much that Africa could gain from the relationship, African leaders and Africans must guard against imperialism of any sort and shy away from arrangements that threaten sustainable development in the continent or undermine respect for human rights and human dignity. Most important, African leaders must push past Beijing's rhetoric of anti-hegemonism and develop clear policies to guide the continent’s engagement with China. Drawing on the rich but sad lessons of the scramble for Africa in the nineteenth century, African leaders must avoid the economic, political and legal pitfalls of the past and position the continent to benefit from strategic relations with countries that Alpha Oumar Konare, the President of African Union (AU) Commission, rightly refer to as ‘partners of the future.’
Generally, Nigerian widows are disinherited and required to observe prescribed, and often humiliating, burial rituals after the death of their husbands. Widows hesitate utilizing the formal justice system because they are afraid of being viewed as greedy and willing to reject long-standing customs. Despite the advances in African human rights, a majority of African women remain disadvantaged due to their reluctance to take on the legality of widely accepted social practices. Customs have begun to change, but only when a traditional ruler has been insistent on change. However an effective reform strategy requires comprehensive changes in both law and societal attitudes, as well as a more concerted effort by the women themselves. In order to stop discriminatory and humiliating practices, African widows must overcome centuries of myth, superstition, and male-shaped ideology by actively combating these injustices alongside proponents of human rights and women's rights.
The year 2006 was dubbed “China’s Year of Africa.” Since 2000, the interest of the People’s Republic of China (“China”) in Africa has grown steadily. The Forum on China-Africa Cooperation (“Forum” or “FOCAC”) was created by Africa and China and formally launched in October 2000 to serve as a vehicle for promoting China-Africa friendship and cooperation. In October 2000, Beijing hosted the ministerial conference of the Forum (“First Ministerial Conference”). The Second China-Africa Forum on Cooperation was held in Addis Ababa Ethiopia, from December 15 to 16, 2003. More recently, the Beijing Summit & Third Ministerial Conference on China-Africa Cooperation took place in November 2006. In January 2006, the Chinese Government, for the first time, issued an African Policy Paper. Since January 2006, Chinese President Hu Jintao and Premier Wen Jiabao have paid friendly visits to at least 10 African countries.
Emerging discourse on the China-Africa relationship depicts China either as the new imperial power or as Africa’s benefactor. In the West, reaction to China’s involvement in Africa has bordered on suspicion and paranoia. Policy makers and analysts in the West are concerned that China could gain control over Africa’s vast and untapped natural resources, particularly the continent’s energy reserves. The current struggle over Africa’s resources evokes worrying memories of an earlier scramble for pieces of the continent in the late nineteenth century by Western European powers and in the 1950s and 1960s by Eastern powers, principally China and Russia. China’s involvement in Africa has serious implications not only for Africa and Africans but also for U.S. security and energy interests. Instead of paranoia, this paper calls for guarded optimism regarding the deepening relationship between Africa and China. With China confident emergence on the global stage as the economic empire of the future, it would be ill-advised for African leaders to turn their backs on the sleeping giant. However, while there is much that Africa could gain from the relationship, African leaders and Africans must guard against imperialism of any sort and shy away from arrangements that threaten sustainable development in the continent or undermine respect for human rights and human dignity. Most important, African leaders must push past Beijing's rhetoric of anti-hegemonism and develop clear policies to guide the continent’s engagement with China. Drawing on the rich but sad lessons of the scramble for Africa in the nineteenth century, African leaders must avoid the economic, political and legal pitfalls of the past and position the continent to benefit from strategic relations with countries that Alpha Oumar Konare, the President of African Union (AU) Commission, rightly refer to as ‘partners of the future.’