Africa

Overview of the regional context

In 2023, Africa experienced an array of advancements and challenges for the rule of law, justice, security and human rights. Six countries held elections with a notable achievement in Liberia where the elections were recognized by international observers as “free and fair” 1 . In other contexts, however, the elections were marred by governance shortcomings 2.

Security threats, including conflicts (such as in South Sudan Mali, Burkina Faso, and in the Democratic Republic of the Congo) and violent extremism, impacted governance and stability, both at country level and with transborder impacts. Freedoms continued to decline across the continent in 2023, and civic space remained “highly restrictive”. 3 Efforts to bolster the rule of law and justice were hindered by corruption and weak institutions. Geopolitical tensions and the rise of non-state armed groups have further eroded social cohesion and generated migration flows. At the same time, despite the ongoing impacts of external shocks and “polycrisis,” African economies have consolidated their recovery and remain resilient. 4

2023 marked the end of the first implementation plans for the African Union’s Agenda 2063. While only ten countries have achieved over 50 percent of planned results, 5 female extreme poverty was reduced in sub-Saharan Africa and women’s representation in national decision-making has improved. 6 African economies remain resilient, with average growth projected to stabilize at 4.1 percent in 2023–24. 7 However, alongside these achievements, the continent faced daunting challenges including weak governance, lack of trust in institutions and human rights abuses. 8

Amidst these dynamics, UNDP’s regional initiatives spotlighted the imperative of capacity enhancement and gender equality in the justice sector and accelerated the advancement of business and human rights principles.

GENDER JUSTICE

Through its Gender Justice Platform with UN Women, UNDP convened various actors in Africa to support gender-responsive justice institutions and champion strategic solutions for women’s access to justice.  UNDP, UN Women and the UN Office on Drugs and Crime (UNODC) partnered with the Conference of African Constitutional Jurisdictions (CJCA) and the Constitutional Court of the Gabonese Republic to organise the First Meeting of African Women Judges in Gabon. More than 60 women judges, including chief and deputy chief justices of Constitutional and Supreme courts from around 30 countries participated in the meeting. This forum created a space for participants to reflect on the barriers that women face in their career, facilitated peer learning and the exchange of good practices and lessons learned.

As a result, a Libreville Declaration was adopted, with commitments and recommendations for further progress in women's leadership in the justice sector in Africa as a precondition for better access to justice for all in the region. Moreover,women judges have managed to build networks which are being used for peer-to-peer learning and experience sharing. Finally, this meeting has contributed to showing UNDP’s thought leadership in the area of gender justice and women leadership in the justice sector.

Business and Human Rights (B+HR)

UNDP in Africa continued to spearhead collaborative efforts to advance the B+HR agenda through various regional and continental events, including the Central African Dialogue on Business and Human Rights, East African Dialogue on Business and Human Rights and 2nd African Business and Human Rights Forum, attended by over 400 participants from 50+ African countries. The final regional event of the year was dedicated to Enhancing Rights and Accountability in Development in Lusophone Africa.

In São Tomé e Príncipe and Zimbabwe, UNDP pioneered B+HR initiatives. Nigeria became the third African country to adopt a National Action Plan (NAP) on Business and Human Rights. Overall, significant progress was made in the development of NAPs across the continent, including in Ghana, Mozambique, Senegal, Tanzania and Zambia. This progress reflects a growing momentum and commitment among governments to advance the UN Guiding Principles on Business and Human Rights (UNGPs) in Africa.

ACCESS TO JUSTICE

UNDP’s regional work continued through the Country Office’s activities aimed to improve access to justice for women and vulnerable groups. UNDP’s Global Programme for Strengthening the Rule of Law, Human Rights, Justice and Security for Sustainable Peace and Development (the Global Programme) provided financial, technical and expert support to the Central African Republic, Democratic Republic of the Congo, Ethiopia, Guinea-Bissau, Mozambique, Nigeria and beyond. In Mozambique, for example, UNDP’s interventions aimed to increase human rights protection and improve access to justice in areas affected by conflict, violent extremism and displacement. In Nigeria, UNDP has further solidified its role in the police reform process and has become a partner of choice for the Federal Government in this transformative nationally-owned journey.

Supporting and expanding access to legal aid is one of the key components for increasing access to justice on the continent.  At the regional conference on Access to Legal Aid “Strengthening Access to Justice in the Global South” UNDP facilitated the significant representation from Africa. 

On the sidelines of the conference, UNDP led the ministerial roundtable Achieving the Agenda for Sustainable Development 2030: Access to Justice – Global South, attended by 18 Ministers of Justice, including from Botswana, Eswatini, Guinea, Mozambique, Seychelles, Sierra Leone, South Sudan, Tanzania and Zimbabwe. An Outcome Document committed all present to prepare and adopt the New Delhi Statement on Advancing the 2030 Agenda for Sustainable Development: Access to Justice –  Global South.

A parallel Chief Justices' Roundtable on Equal Access to Justice for All in the Global South was convened, where the New Delhi Principles on the Role of Judiciary in Ensuring Equal Access to Justice for All in the Global South were adopted, reaffirming important commitments including to guarantee legal aid in civil proceedings and the use of Alternative Dispute Resolution.

Lessons learned

In 2023, UNDP focused on multidimensional strategies tailored to regional context. Collaborative efforts, such as the First Meeting of Women Judges, first regional conference on access to legal aid and the B+HR regional dialogues and continental Forum showcased the power of partnership in driving positive change. Engaging diverse stakeholders, including UN agencies, governments, civil society and regional bodies fostered inclusive solutions and amplified impact. 

Moreover, the success of the B+HR regional events underscored the significance of knowledge sharing and capacity building. Indeed, following the Central African and East African Dialogues on B+HR, Cameroon and the Democratic Republic of the Congo developed roadmaps to design their National Action Plans on business and human rights, while Burundi and Rwanda expressed interest in working on B+HR policies.

In view of the persisting security threats across the continent and the growing role of security organs in a number of countries particularly the countries in transition, there is growing interest in security sector reform and the professionalisation of the security sector as a pre-requisite for rule of law and security in the country. Greater synergy of the rule of law, justice and human rights work with the work on security will greatly contribute to enhancing justice and peace at country level.

Looking forward

UNDP in Africa will continue exploring regional opportunities in e-justice, environmental justice and gender justice through strategic partnerships. The promotion of rule of law particularly through the constitution remains an important area of focus in view of recent changes of constitutions which have affected the governance landscape in a number of countries.

UNDP will provide technical support to the African Union (AU) Member States in implementing the AU’s Transitional Justice Policy. In particular, UNDP will support transitional justice processes in The Gambia and South Sudan.

UNDP is also consolidating its work on business and human rights, at the regional level and in 16 Country Offices, working with the AU on a joint strategy for the collaborative implementation of the B+HR related activities on the continent. Future plans include hosting the 3rd African Business and Human Rights Forum in October 2024, with support from the United Kingdom’s Foreign,  Commonwealth & Development Office and the European Union to expand regional and country-level initiatives.

Learning from the 2023 lessons, UNDP will continue to build partnership with global and regional partners to fastrack the promotion of rule of law, justice and human rights.