The University of the Free State International studies Group Conference on: The Making, Unmaking and Remaking of Africa’s Independence and Post-Independence Constitutions

Dr Hlengiwe Portia Dlamini Announcement
Subject Fields
African History / Studies, Colonial and Post-Colonial History / Studies, Contemporary History, Law and Legal History, Political History / Studies

Scholars are invited to critically explore the making and evolution of Africa's independence constitutions through the different phases of their evolution. The continental covarage is justified by Africa's rich diversity reflected in its multiple colonial background viz: English, French, Dutch, Portugues and Spanish. To this diversity can be added the Kingdom of Morocco that developed a constitutional monarchy based on Islamic law and French and Spanish civil law systems soon after recieving independence and the Kingdom of Eswatini which retained most of its traditional governance structure in its constitutions. Selected papers from the conference would reflect the continent's historical diversity and would ultimately be published as a book volume. 

Since independence, Africa's inherited constitutions have undergone a succession of constitution-making processes, triggered by either the domestic or international environment or both. These processes constitute autonomous ephocal 'waves' of constitution- making which need to be unpacked, historicised and dichotomised. The rich history of constitution making in Africa has not been explored in a sytematic manner and on a continental basis. Much has been written on the making of African constitutions on the eve and aftermath of independence resulting in African- presidential versus parliamentary systems, unicameralism versus bicameralism, and the coronation of unbridled disguised dictatorship in most cases.

But the economic component of constitution-making in the Marxian tradition cannot be ignored and, may spice this history from different pespectives.  The constitutions bequeathed to African nation-states at independence were not neutral legal instruments. They were designed to benefit and sustain, in some cases, white minority interests and metropolitan interests. African independence constitutions therefore encapsulated the economic base of the post-colonial state. What is the relationship between economics and constitution- making in Africa?

The successive constitutional waves that have occured in Africa since independence have not been clearly delineated and analysed. The early independence constitutions, considered as the first generation of African constitution making revolution, were generally imitations of metroplitan models, which were virtually imposed by the departing colonial powers  and perceived as alien, not only by the ordinary citizens but also by the new leaders, who had little knowledge or experience of constitutional governance. The second constitution-making revolution started soon after independence as African leaders under the ploy of nation-building and development amended, revised and repealed the liberal principles in the inherited constitutions thereby emptying them of their essesnce and rendering them mere carcasses. African constitutions could hardly be taken seriously; in the words of Okoth-Ogendo (1988), they were "constitutions without constitutionalism". To what extent does this observation hold true of Africans independence constitutions?

The third democratic wave blowing over Africa in the 1990s ushered a new era of democratic governance and constitutionalism. The third constitution-making revolution started with bold attempts to correct the errors of the past by designing constitutions that promoted constitutionalism  and good govenance. Did the 1990s constitutional reforms meet the objective of a new democratic governance order? Did they confront the perennial problems of political instability, dictatorship, repression, human rights violations, corruption and mismanagement of state property, poverty, all of which have stymied progress on the continent since independence? Scholars are invited to ponder on this issues. 

There is an urgent need to critically dilate on the processes of consstitution-making,in its full generality, as a distinctive object of positive analysis. Papers exploring the constitutional developments in Africa should be based on country case studies or a comparative study of constitution of two or more countries. Papers should examine how the underlining principles  of constitution-making address both (i) how the process was conducted in terms of its being participatory and consultative and (ii) the content of constitution that was produced and (iii) the reaction of the public to it. Papers should reflect key aspects of historical contexts in which the particular process took place, and also the broader international norms, standards, and precedents that informed these processes.

Papers should critically historicise and contextualise the phenomenon of constitution making in terms of waves for each selected country case study because each African country has its own historical trajectory. These waves refer to political, social and economic crises within a particular country  that trigger constitution-making. Each constitution that is drafted and promulgated has its own context. The idea of constitutional waves is underscored by the fact that constituions are almost always written in the wake of a transition (colonialism to independence), or a crisis or exceptional circumstance ( civil war, liberation war, political contestation and instability). By following the methodology of waves, scholars would be able to identify the principal constitutional watershed of Africa's independence constitutions. 

Expected outcome of conference: Selected papers would be published in a book volume.

We are expecting an abstract of up to 500 words with a biography of 100 words. In the email, include name, contact information and institutional affiliation (if applies). The abstract should specify the main point of the article and its historiographical background, the methodological approach that the author proposes to follow and the sources used. Proposals and articles should be sent in English and will be reviewed and selected by our editorial committee before notification to authors.

Abstracts should be sent no later than 15 March 2021 in Word format to (i) africacostit399@gmail.com (ii) constitutionindepe@gmail.com 

Provisional Calendar

-Notifications to authors : 30 April 2021

-Deadline for manuscripts: 15 June 2021. The expected manuscript should be original, betwenn 7,000 and 10,000 words.

-Tentative virtual conference dates: June 23-26, 2021

-Book Publication: Second semester 2022 

Contact Information

Dr Hlengiwe Portia Dlamini, International Studies Group, University of the Free State, South Africa, africacostit399@gmail.com 

Professor Nicodemus Fru Awasom, Visiting Professor, University of Ghana, Lagon-Accra, constitutionindepe@gmail.com 

Contact Email
hlingoline@gmail.com