Constitutionalism, ethnicity and minority rights in Africa: a legal appraisal from the Great Lakes region

Gilbert, Jérémie (2013) Constitutionalism, ethnicity and minority rights in Africa: a legal appraisal from the Great Lakes region. International Journal of Constitutional Law, 11 (2) . pp. 414-437. ISSN 1474-2640 [Article] (doi:10.1093/icon/mot002)

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Abstract

The last decade has witnessed a constitutional revival in Africa, with several countries adopting new constitutions. Several of these constitutions have been adopted following serious ethnic tensions, especially in the Great Lakes region. Because of the nature of the ethnic conflicts which were rooted in the repression of minority communities, the new constitutional frameworks regarding ethnicity and minority rights are going to be extremely significant for the peace and stability of the region. By analyzing the recently adopted constitutions of Rwanda, Burundi and the Democratic Republic of Congo, this article seeks to examine the extent to which some of the most recently adopted constitutions of the continent are addressing, or not, the rights of the most marginalized minority communities. By focusing on the Great Lakes region, this article explores why there is still a general reluctance towards the recognition of minority rights in most African constitutions.

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