Building Freedom? Securing Constitutionalism and Civil Liberties in Africa: An Analysis of Evidence from the APRM

The report examines 'constitutional liberalism' in Africa, focusing on the gap between formal democratic structures and the actual protection of civil liberties. Using APRM data and Freedom House rankings, it categorizes countries as 'free', 'partly free', or 'not free', identifying executive dominance, securitisation, and administrative dysfunction as primary barriers to freedom.

• The report identifies four systemic challenges to freedom across Africa: executive dominance which undermines the separation of powers, ideological opposition to universal freedom, 'securitisation' where state stability is used to justify restricting liberties, and general administrative dysfunction.
• African countries are categorized into three tiers based on their adherence to constitutional liberalism: 'free' countries (Benin, Ghana, Mauritius, South Africa) generally respect constitutional guarantees; 'partly free' countries (Mozambique, Nigeria, Tanzania, Zambia) have the infrastructure but suffer from implementation deficiencies; and 'not free' countries (Algeria, Ethiopia, Rwanda, Uganda) have restricted environments where the state controls media and civil society.
• Executive dominance is a pervasive issue that undermines the separation of powers, particularly in 'partly free' and 'not free' countries. In Rwanda, the president nominates and appoints the president and deputy president of the Supreme Court, leading to a 'fusion of powers' rather than a separation.
• Freedom of expression is formally accepted across the studied countries, but practical application varies. In 'not free' countries like Ethiopia, laws governing the media often render constitutional protections 'nugatory', forcing journalists to practice self-censorship.
• Freedom of association is frequently restricted through the use of registration requirements and 'clawback' clauses. Ethiopia's 2009 Charities and Societies Proclamation (CSP) significantly hinders CSOs by requiring them to raise 90% of their income locally.
• Religious freedom is generally respected in a spiritual sense, but the politicization of religion remains a source of tension. In Nigeria, the implementation of Sharia law in northern states has been a point of significant national debate and conflict potential.
• The African Peer Review Mechanism (APRM) is described as an exceptional diagnostic tool for governance, though the report suggests it should improve by linking with the African Commission on Human and Peoples’ Rights and UN rapporteurs to better monitor civil liberties.

APA

Corrigan, T. (2016). Building Freedom? Securing Constitutionalism and Civil Liberties in Africa: An Analysis of Evidence from the APRM. South African Institute of International Affairs. https://saiia.org.za/wp-content/uploads/2016/03/Building-Freedom-Securing-Constitutionalism-and-Civil-Liberties-in-Africa.pdf

Chicago

Corrigan, Terence. Building Freedom? Securing Constitutionalism and Civil Liberties in Africa: An Analysis of Evidence from the APRM. South African Institute of International Affairs, 2016. https://saiia.org.za/wp-content/uploads/2016/03/Building-Freedom-Securing-Constitutionalism-and-Civil-Liberties-in-Africa.pdf.

Wikipedia

{{cite report |last1=Corrigan |first1=Terence |title=Building Freedom? Securing Constitutionalism and Civil Liberties in Africa: An Analysis of Evidence from the APRM |publisher=South African Institute of International Affairs |date=22 February 2016 |url=https://saiia.org.za/wp-content/uploads/2016/03/Building-Freedom-Securing-Constitutionalism-and-Civil-Liberties-in-Africa.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{corrigan2016building, author = {Corrigan, Terence}, title = {{Building Freedom? Securing Constitutionalism and Civil Liberties in Africa: An Analysis of Evidence from the APRM}}, institution = {South African Institute of International Affairs}, year = {2016}, month = feb, url = {https://saiia.org.za/wp-content/uploads/2016/03/Building-Freedom-Securing-Constitutionalism-and-Civil-Liberties-in-Africa.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }