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Historical analysis of Ghana’s late colonial mine communities has been extensive and overwhelmingly dominated by organised and politically active male mineworkers. Questions regarding the linkages between formal and informal mining actors and cultural ideas in the broader mine communities have remained inadequately explored. This article makes a timely investigation by critically analysing a range of governmental and corporate archival documents and situating the discussion within the context of expansive literature on Asante, and complemented by oral histories. It centres on the Asante/Akan term “kankyema”—a sociocultural phenomenon which women transformed towards economic ends to navigate the late colonial political economy’s mining income disruptions. The article argues for the essential need to centre marginalised voices in understanding diverse agencies in African mining history and for a deeper reflection on the potentialities of contextual sociocultural ideas—notably, how marginalised actors invoke and evoke their capacities over different times.
The recovery of subaltern experiences in colonial contexts requires more than reading against the grain and interrogating silences. This paper describes “archival patchwork,” a way of working across diverse sources from multiple repositories, collecting small scraps of evidence about subordinated individuals, reconstructing social relationships, and stitching together patterns of daily life that aren’t visible otherwise. Archival patchwork accommodates present-day ways of working in neoliberal universities, acknowledges north-south disparities, and opens collaborative possibilities. The paper, pinned to South African history, enumerates digitization, transcription, and duplication projects that make archival sources for the colonial Cape more widely available. Although this paper’s evidence is focused in time and place, the methodology is broadly applicable.
The outsourcing of traditionally military functions in Africa to private military companies (PMCs) such as the Wagner Group and the Africa Corps has been accompanied by violations of international humanitarian law and international human rights law. According to the International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts, state responsibility for these violations can be imputed to the states that employ PMCs to function as their agents, to exercise government authority or to act in the vacuum left by official authorities. States that do not intervene to prevent these abuses fail their obligations of due diligence through persistent non-action and should not be excused from demanding accountability by immunity agreements between the host and hiring states. We explore the possibility of the communitarian invocation of state responsibility by third-party states, on behalf of victims, in order to end impunity, drive accountability and secure effective redress for victims.
The touchstone of judicial review in Lesotho for a long time has preeminently been the ultra vires principle. The modern conception of the doctrine of legality as a constitutional device to control the exercise of public power has not been a prominent feature of Lesotho’s public law. It has only gained traction recently. The superior courts in Lesotho – the High Court and the Court of Appeal – have ruled that the expansive doctrine of legality is now the cornerstone of constitutionalism in the country. In this new trajectory, they rely mainly on the well-developed South African legality jurisprudence. This development of constitutional law in Lesotho is laudable. However, the extent to which South African jurisprudence can inform Lesotho on this subject remains a matter of controversy. This article examines the “importation” of South African jurisprudence on legality into Lesotho, the lessons that Lesotho can derive and the future development pathways for legality in the country.
Chapter 2 analyzes the regulation of colonial archives in Kenya as a method of racialized secret-keeping that involved cooperation between the Colonial Office in London and officials based in Kenya. It demonstrates that the regulation of its archives was one of several strategies of the colonial administration to control access to information and intelligence pertaining to the Emergency. The first half of this chapter examines the negotiations between the Colonial Office in London and the British colonial government in Nairobi over how best to deal with managing and securing secret records. The second half proceeds to analyze the only instance in which a “researcher” has ever been granted full and unconditional access to the secret records of the Emergency. In doing so, it argues that the British colonial government was interested not only in barring access to sensitive documents but also in enabling their use in highly controlled settings so that official documents could serve as evidence supporting sympathetic “research,” or propaganda, which vindicated the government at a time of growing critique.
Chapter 1 analyzes the recordkeeping practices established in Kenya during the Emergency through the reorganization of colonial intelligence services. This chapter explores the connection between the British paranoia against Mau Mau fighters in particular and Kikuyu-speaking peoples in general and the administration’s anxious obsession with recordkeeping and the maintenance of Emergency secrets. Following a discussion of key terms and contexts, such as the colonial concept of information management and the Emergency period, this chapter situates the “migrated archives” in the colonial politics of concealment.
“In the years before independence, people were beaten, their land was stolen, women were raped, men were castrated and their children were killed,” explained Wambugu wa Nyingi in his witness statement during the 2009 Mau Mau claim. He concluded, “I would like the wrongs which were done to me and other Kenyans to be recognised by the British Government so that I can die in peace.”1 Nyingi ensured that his wish came true. In June 2013, the United Kingdom’s foreign secretary William Hague announced that Britain was to pay out £19.9 million in costs and compensation to more than 5,000 elderly Kenyans whose abuse the British colonial government had authorized during the Kenya Emergency (1952–60).
Chapter 6 returns to Nairobi as the site of the Kenya National Archives and the capital of a government in the throes of establishing its forms and functions in the aftermath of independence. It examines how Kenyan politicians, historians, and archivists employed the national archives as an instrument for nation-building, burdened though it was by the colonial origins of the institution. Aware of the massive removal, destruction, and weeding of secret records and bogged down by the over-stuffed and poorly organized offices of their colonial predecessors, a group of Kenya’s first independent politicians conceived of a national archives service as a way to demonstrate superior methods of recordkeeping and, thus, governance. The institution enabled politicians to at once advocate continuity between the colonial and independent governments as well as to claim unique mastery in both administration and history-writing
Chapter 5 provides an overview of the development of the International Council on Archives and its role mediating custodial disputes over colonial archives. This chapter, admittedly, interrupts the book’s narrative. Chronologically, it covers the late 1940s through the 1970s and largely examines the council’s main conferences during the period in order to trace the emergence of the notion of the “migrated archives” and debates over their custody. Like the role of international organizations themselves, this chapter is significant but somewhat detached from the realm of everyday activity surrounding Kenya’s “migrated archives.” However, as is demonstrated by the chapter, it provided important resources with which former colonies advocated the return of political documents as a matter of postcolonial sovereignty. These advocacy efforts were stalled by the reconfiguration of imperial hegemony upon which the International Council on Archives was based.