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1102. The Constitutional Protection of Socio-Economic Rights in Selected African Countries: A Comparative Evaluation
- Author:
- John Cantius Mubangizi
- Publication Date:
- 03-2006
- Content Type:
- Journal Article
- Journal:
- African Journal of Legal Studies
- Institution:
- The Africa Law Institute
- Abstract:
- This article evaluates the extent to which a few selected African countries have incorporated socio-economic rights in their constitutions, the mechanisms through which such rights are realised, the challenges such realisation entails and the approach taken by the courts and other human rights institutions in those countries towards the realisation and enforcement of those rights. The survey examines South Africa, Namibia, Uganda and Ghana. Apart from the logical geographical spread, all these countries enacted their present constitutions around the same time (1990 to 1996) in an attempt to transform themselves into democratic societies. In a sense, these countries can be seen as transitional societies, emerging as they have done, from long periods of apartheid and foreign domination or autocratic dictatorships. The latter is true for Uganda and Ghana while the former refers to South Africa and Namibia. The article concludes that South Africa has not only made the most advanced constitutional provision for socio-economic rights, it has also taken the lead in the judicial enforcement of such rights, an experience from which the other countries in the survey can learn.
- Topic:
- Development, Government, and International Law
- Political Geography:
- Africa
1103. Genomics, Insurance and Human Rights: Is there a Place for Regulatory Frameworks in Africa?
- Author:
- Vincent O. Nmehielle
- Publication Date:
- 03-2006
- Content Type:
- Journal Article
- Journal:
- African Journal of Legal Studies
- Institution:
- The Africa Law Institute
- Abstract:
- This article examines the human rights dimension of genetic discrimination in Africa, exploring the place of regulatory frameworks while taking into account the disadvantaged position of the average African. This is in response to the tendency of insurance companies toward making health insurance decisions on the basis of individual genetic information, which could result in genetic discrimination or health insurance discrimination based on a person’s genetic profile. The author considers such questions as the intersection between human rights (right to life, health, privacy, human dignity and against genetic discrimination) in relation to the insurance industry, as well as the obligations of state and non-state actors to promote, respect, and protect the enjoyment of these rights. The article argues that African nations should not stand aloof in trying to balance the competing interests (scientific, economic and social) presented by the use of genetic information in the health care context and that ultimately it is the responsibility of states to develop domestic policies to protect their most vulnerable citizens and to prevent entrenched private discrimination based on an individual’s genes.
- Topic:
- Development, Government, Human Rights, and International Law
- Political Geography:
- Africa
1104. Rules of Procedure and Evidence of the Special Court for Sierra Leone
- Publication Date:
- 03-2006
- Content Type:
- Journal Article
- Journal:
- African Journal of Legal Studies
- Institution:
- The Africa Law Institute
- Abstract:
- These Rules of Procedure and Evidence as first amended on 7 March 2003, are applicable pursuant to Article 14 of the Statute of the Special Court for Sierra Leone, and entered into force on 12 April 2002.
- Topic:
- Development, Government, and International Law
- Political Geography:
- Africa
1105. Engendering Property Rights: Women’s Insecure Land Tenure and its Implications for Development Policy in Kenya and Uganda
- Author:
- Kanika Mak
- Publication Date:
- 05-2005
- Content Type:
- Journal Article
- Journal:
- Journal of Public and International Affairs (JPIA)
- Institution:
- School of Public and International Affairs (SPIA), Princeton University
- Abstract:
- The importance of women’s contributions to the predominantly agrarian societies of Kenya and Uganda contrasts sharply with the inequity and insecurity these women face in their ability to own, inherit, manage, and dispose of land and property. This paper examines how gender equality in the design and implementation of property rights in East Africa can promote development as well as enhance the status of women in patriarchal societies. Women’s insecure land tenure stems specifically from deficiencies in the constitutional order, institutional arrangements, and social norms that govern property rights systems. Accordingly, recommendations for reform in these three areas share the ultimate goal of making property rights systems not only more equitable, but also more effective.
- Topic:
- Development, Women, Land, and Property
- Political Geography:
- Uganda, Kenya, and Africa
1106. Making Peace: Preventing and Responding to Sexual Exploitation by United Nations Peacekeepers
- Author:
- Sarah W. Spencer
- Publication Date:
- 05-2005
- Content Type:
- Journal Article
- Journal:
- Journal of Public and International Affairs (JPIA)
- Institution:
- School of Public and International Affairs (SPIA), Princeton University
- Abstract:
- To help establish and maintain peace and security around the world, the UN is currently managing sixteen peacekeeping missions. Instead of affording protection to civilians impacted by armed conflict, however, some UN peacekeepers use their positions of power to sexually exploit and abuse women and children. This article examines current UN policies and procedures to address sexual exploitation perpetrated by UN peacekeepers in sub-Saharan African peacekeeping missions. Ending sexual exploitation requires leadership at all levels and a serious commitment of financial and human resources. UN policies and procedures must be drastically improved if they are to adequately address and eradicate sexual exploitation within peacekeeping missions.
- Topic:
- United Nations, Peacekeeping, Sexual Violence, and Exploitation
- Political Geography:
- Africa and Sub-Saharan Africa
1107. Reforming the Cotton Trade Order? An Analysis of Cotton Subsidies and Implications for Sustainable Development
- Author:
- Christine M. Makori
- Publication Date:
- 05-2005
- Content Type:
- Journal Article
- Journal:
- Journal of Public and International Affairs (JPIA)
- Institution:
- School of Public and International Affairs (SPIA), Princeton University
- Abstract:
- Cotton is the most widely produced cash crop in the developing world. It supports the livelihoods of numerous households in these countries and occupies a significant position both economically and politically. However, in the recent past, this sector has experienced a pricing crisis mainly attributed to subsidies of developed nations. This article analyzes the effects of cotton subsidies (the most controversial agricultural commodity in the ongoing trade negotiations) on sustainable development, focusing on the impacts of U.S. subsidies on four West African countries. Given that these support systems have political motivations, the article briefly surveys political challenges to subsidy reforms. In conclusion, the article makes specific recommendations to the WTO and national governments to promote free trade, enhance economic efficiency, and support the global fight against poverty.
- Topic:
- Sustainable Development Goals, Trade, WTO, Subsidies, and Cotton
- Political Geography:
- Africa, West Africa, and United States of America
1108. La création de la Cour africaine des droits de l\'Homme et des peuples. Les dessous d\'une ingénierie institutionnelle multicentrée
- Author:
- Marielle Debos
- Publication Date:
- 12-2005
- Content Type:
- Journal Article
- Journal:
- Cultures & Conflits
- Institution:
- Cultures & Conflits
- Abstract:
- L\'étude du processus d\'ingénierie institutionnelle de la Cour africaine des droits de l\'Homme et des peuples révèle le rôle central joué par les ONG : elles ont donné l\'impulsion initiale, orchestré la mobilisation, encadré les négociations et milité pour l\'adoption du Protocole. Ce nouveau mode de production du droit doit cependant être analysé avec un regard critique afin de déceler les logiques de pouvoir très fortes au sein du « monde multicentré ». La professionnalisation des ONG et l\'autonomisation du champ de la production des standards juridiques vont de pair avec la marginalisation des militants locaux. L\'activité de production de normes est l\'affaire des experts juridiques apolitiques qui entretiennent des relations de collaboration avec les notables des diplomaties d\'Etat et des organisations intergouvernementales.
- Topic:
- Government and Non-Governmental Organization
- Political Geography:
- Africa
1109. Using Foreign Aid as a Foreign Policy Tool: The Case of Japan
- Author:
- Ali Balcı and Murat Yeşiltaş
- Publication Date:
- 12-2005
- Content Type:
- Journal Article
- Journal:
- Uluslararasi Iliskiler
- Institution:
- Uluslararasi Iliskiler
- Abstract:
- This article attempts to explain the relationship between foreign policy and foreign aid. The question of how Japan's Official Development Assistance (ODA) programme is related to Japan's foreign policy will be explored. The findings suggest that foreign aid has been used to promote Japan's national interests and national security since the 1950's. Although Japan has used ODA in order to prevent humanitarian violation and promote democracy, especially since the 1990's, the humanitarian aspect of ODA has remained secondary to concerns about national interests. Japanese aid programs to ASEAN (Association of Southeast Asian Nations) nations, Africa, China and the Kurile Islands will be analyzed in support of our argument that ODA is, at root, a realist approach.
- Topic:
- Foreign Policy and Humanitarian Aid
- Political Geography:
- Africa, Japan, and China
1110. Ethiopian Ethnic Federalism and Regional Autonomy: The Somali Test
- Author:
- Abdi Ismail Samatar
- Publication Date:
- 07-2005
- Content Type:
- Journal Article
- Journal:
- Bildhaan: An International Journal of Somali Studies
- Institution:
- Macalester College
- Abstract:
- In the 1990s in Africa, two sharply contrasting models of state-society relations and the role of ethnicity in national affairs have emerged. The first is the unitary dispensation that rejects the ethnic classification of its citizens while cognizant of the ill effects of a race and ethnicbased apartheid order. The African National Congress (ANC) and its allies in South Africa opted for a strategy they thought would ensure the country's political and administrative restructuring but would not perpetuate sectarian ethnic identity at the expense of citizenship. Consequently, the post-apartheid regional administrative structure and boundaries are not based on ethnicity. Further, the populations in these regions elect their provincial councils, and have gained some degree of fiscal autonomy, although South Africa remains a unitary state. A key manifestation of the system's competitiveness is the fact that opposition parties have governed two of the wealthiest and most populous regions for most of the past decade and the ANC has been unable to dislodge them until the most recent election in 2004. Although the ANC won the most votes in Kwa Zulu–Natal and the Western Cape, it lacks a majority in these provincial councils to unilaterally form regional administrations. This openness of the political process has made possible a significant degree of regional autonomy in a unitary system.
- Political Geography:
- Africa, South Africa, and Somalia
1111. For the Record: International Crisis Group Report on Somaliland: An Alternative Somali Response
- Author:
- Ahmed I. Samatar and Abdi Ismail Samatar
- Publication Date:
- 07-2005
- Content Type:
- Journal Article
- Journal:
- Bildhaan: An International Journal of Somali Studies
- Institution:
- Macalester College
- Abstract:
- The International Crisis Group's (ICG) most recent report on the Somali Republic deals with developments in the Northern region (Somaliland). It narrates what the informed knew all along: (a) that peace has been restored in most of the North for the past decade while the rest of the country, particularly Mogadishu and the southern third, are mired in violence; (b) that some semblance of constitutional order and administrative structure is in place; (c) that most of the public refused to accept naked force as a political instrument to deal with political problems; and (d) that corruption is pervasive among the political elite. Conceptually, the ICG report is divided into three parts. First, it provides a brief review of Somali political history. Second, it sketches the evolution of the region since the collapse of the Somali government in 1991 and the declaration of the region's breakaway status from the rest of the country. Finally, it focuses on three elections organized in the last three years, in order to buttress the claim that the region deserves to be recognized as a sovereign country. This information raises pivotal questions about the profile of the region as well as the fate of the Somali people. Together, these two points invite a timely, wide, and thoughtful debate among Somalis and others concerned. After serious cogitation upon the details of the document, we submit that the Report presents important points for the international community to come to the aid of the people of the region to consolidate their communal achievements—particularly in the areas of stability, economic advancement, and institution building. However, the Report fails to clinch the argument for international recognition of a new sovereign Somaliland state in the Horn of Africa. The rest of this critical assessment elucidates this proposition.
- Political Geography:
- Africa and Somalia
1112. Editorial
- Publication Date:
- 03-2005
- Content Type:
- Journal Article
- Journal:
- African Journal of Legal Studies
- Institution:
- The Africa Law Institute
- Abstract:
- The Africa Law Institute is pleased to announce the publication of its second issue of the African Journal of Legal Studies (“AJLS”). While delayed, we hope that the improvements made since launching our first issue last year will have made the wait worthwhile.
- Political Geography:
- Africa
1113. United Nations Resolutions and the Struggle to Curb the Illicit Trade in Conflict Diamonds in Sub-Saharan Africa
- Author:
- Mungabalemwa Koyame
- Publication Date:
- 03-2005
- Content Type:
- Journal Article
- Journal:
- African Journal of Legal Studies
- Institution:
- The Africa Law Institute
- Abstract:
- This article examines the extent to which revenues from the trade in rough diamonds have funded civil war in African countries and the difficulties encountered by the United Nations in putting an end to it. As case studies, the article considers the conflicts in Angola, the Democratic Republic of the Congo and Sierra Leone where the illicit trade in rough diamonds, also referred to as "conflict diamonds" or "blood diamonds," provided most of the funds used by rebel groups in their war efforts. The article further examines the role played by the diamond industry, the international community and diamond importing countries such as the United States and Belgium in the trade of conflict diamonds. The article concludes that several resolutions passed by the United Nations Security Council concerning "conflict diamonds" were at times not successful because of indifference on the part of the international community.
- Topic:
- United Nations
- Political Geography:
- Africa and United States
1114. The African Commission on Human and Peoples' Rights and the Demystification of Second and Third Generation Rights under the African Charter
- Author:
- Justice C. Nwobike
- Publication Date:
- 03-2005
- Content Type:
- Journal Article
- Journal:
- African Journal of Legal Studies
- Institution:
- The Africa Law Institute
- Abstract:
- This article argues that the decision of the African Commission on Human and Peoples' Rights in the Ogoni case represents a giant stride towards the protection and promotion of economic, social and cultural rights of Africans. This is predicated on the African Commission's finding that the Nigerian Government's failure to protect the Ogoni people from the activities of oil companies operating in the Niger Delta is contrary to international human rights law and is in fact a step backwards since Nigeria had earlier adopted legislation to fulfill its obligation towards the progressive realization of these rights. The findings of the African Commission demonstrate that economic, social and cultural rights are not vague or incapable of judicial enforcement. They also illustrate how the Charter can be interpreted generously to ensure the effective enjoyment of rights. Novel and commendable as the decision is, it is not without its shortcomings. These shortcomings lie in the failure of the Commission to pronounce on the right to development, its silence on the desirability of holding transnational corporations accountable for human rights violations, and the institutional weakness of the Commission in enforcing its decisions.
- Political Geography:
- Africa
1115. Somali Mental Health
- Author:
- David McGraw Schuchman and Colleen McDonald
- Publication Date:
- 07-2004
- Content Type:
- Journal Article
- Journal:
- Bildhaan: An International Journal of Somali Studies
- Institution:
- Macalester College
- Abstract:
- Over the past seven years, there has been a vast influx of Somali refugees and immigrants making their new home in Minnesota, with the overwhelming majority residing in the Twin Cities area of Minneapolis and St. Paul. While official estimates indicate that less than 20,000 Somalis are in Minnesota, it is well accepted that there are actually 50,000–75,000. It is difficult to pinpoint the exact number due to limitations in census data collection and the continual growth resulting from such factors as secondary migration. Since Minnesota has welcomed African immigrants, family members who live in other states within the U.S. and Canada continue to join many newly arrived families. The prospect of Somali immigrants and refugees returning to their homelands is unlikely. Continuing war, civil strife, and economic crises make the outlook for return bleak. Therefore, it is important that Minnesota continue to embrace and welcome Somalis into the community and assist in their acculturation process.
- Political Geography:
- Africa, United States, and Canada
1116. Foreword
- Author:
- Chernor Jalloh
- Publication Date:
- 03-2004
- Content Type:
- Journal Article
- Journal:
- African Journal of Legal Studies
- Institution:
- The Africa Law Institute
- Abstract:
- On behalf of the entire Editorial Board, I am pleased to present the inaugural issue of the African Journal of Legal Studies (‘AJLS’) on the theme of Justice and Reconciliation. It is dedicated to the memory of all those who were killed in the genocide in Rwanda in 1994.
- Political Geography:
- Africa
1117. Full Issue
- Author:
- Mojúbàolú Olufúnké Okome, Bertrade Ngo Ngijol-Banoum, Adémólá Àráoyè, Ramón Grosfoguel, and Charles Adéyanjú
- Publication Date:
- 12-2003
- Content Type:
- Journal Article
- Journal:
- Ìrìnkèrindò: A Journal of African Migration
- Institution:
- Ìrìnkèrindò: a Journal of African Migration
- Abstract:
- CONTENTS Editorial Africans on the Move: Transnational, Intranational, and Metaphorical Migrations — Mojúbàolú Olúfúnké Okome and Bertrade Ngo-Ngijol Banoum ......................................................... 1 Articles The Train to Ìdògò — Adémólá Àráoyè ...................................................................................... 28 "Cultural Racism" and Colonial Caribbean Migrants in Core Zones of the Capitalist WorldEconomy — Ramón Grosfoguel ...................................................................................... 34 Hegemony and Transnational Practices of Nigerian-Yorùbás in Toronto — Charles Adéyanjú ............................................................................................................ 62 Amy Ashwood Garvey and Afro-West Indian Labor in the United States Emergency Farm and War Industries' Programs of World War II, 1943-1945 — Fitzroy Andre Baptiste ....... 94 Displacement as Discourse — Saadia Izzeldin Malik ............................................................... 132 Absent Father(s), Garvey's Scattered Children & the Back to Africa Movement — Jalani A. Niaah ............................................................................................................................. 158 Contemporary African Immigrants to The United States — Joseph Takougang ..................... 187
- Topic:
- Migration, History, Labor Issues, Immigration, Culture, Social Movement, Capitalism, Economy, and Racism
- Political Geography:
- Africa
1118. Full Issue
- Author:
- Bertrade Ngo Ngijol-Banoum, Mojúbàolú Olúfúnké, Jàre Àjàyí, Débò Kòtún, and Mojúbàolú Olufúnké Okome
- Publication Date:
- 09-2002
- Content Type:
- Journal Article
- Journal:
- Ìrìnkèrindò: A Journal of African Migration
- Institution:
- Ìrìnkèrindò: a Journal of African Migration
- Abstract:
- CONTENTS Editorial Ìrìnkèrindò: An Idea Whose Time Has Come — Mojúbàolú Olúfúnké Okome and Bertrade Ngo Ngijol-Banoum ................................................................................................................... 1 Articles Crossroads — Jàre Àjàyí ............................................................................................................. 23 Welcome Back Homeless — Débò Kòtún ................................................................................... 25 The Antinomies of Globalization: Causes of Contemporary African Immigration to the United States of America. — Mojúbàolú Olúfúnké Okome ........................................................ 29 Going to America: Excerpt from a Novel titled: So That the Path Does Not Die. — A. Onipede Hollist................................................................................................................................ 63 Cry My Beloved Ugborodo (Escravos?) — Oritsegbemi O. Omatete ....................................... . 70 Searching for Fortune: The Geographical Process of Nigerian Migration to Dublin, Ireland — Julius Kómoláfé ............................................................................................................... 86 Nigerian Physical Therapists' Job Satisfaction: A Nigeria U.S.A. Comparison — Adetoyeje Y. Oyeyemi ......................................................................................................................... 103 TUTÙOLÁ 'RESURFACES' IN ITALY: An Exegesis of Alessandra di Maio's recent book on Amos Tutùolá — Jàre Àjàyí ......................................................................................... 122 Abiku: An Excerpt from the Novel — Débò Kòtún .................................................................. 127 (In)Visibility and Duality of the Civil Rights and Yoruba Movements: 1950s-1990s — Faola Ifagboyede ...................................................................................................................... 142
- Topic:
- Globalization, Migration, Culture, and Civil Rights
- Political Geography:
- Africa
1119. The New Politics Of African Cinema At The French Ministry Of Foreign Affairs
- Author:
- Teresa Hoefert de Turégano
- Publication Date:
- 09-2002
- Content Type:
- Journal Article
- Journal:
- French Politics, Culture Society
- Institution:
- Conference Group on French Politics Society
- Abstract:
- The article examines French cinematographic policy toward Africa within the context of the shift in control from the French Ministry of Cooperation and Development to the Ministry of Foreign Affairs. Is francophone West Africa losing its privileged position in French cinematographic policy? During the first two years of the new regime for cinema a dual dynamic was evident, with both transition and historical continuity. In the final months of 2001 a clearer message appears in the politics of African cinema at the Ministry of Foreign Affairs. Central elements of the film policy under the Ministry of Cooperation are compared to current policy and then situated into French film politics in a more general sense.
- Political Geography:
- Africa
1120. French E-Managers: A Generation in the Making
- Author:
- Mette Zølner
- Publication Date:
- 09-2002
- Content Type:
- Journal Article
- Journal:
- French Politics, Culture Society
- Institution:
- Conference Group on French Politics Society
- Abstract:
- The article examines French cinematographic policy toward Africa within the context of the shift in control from the French Ministry of Cooperation and Development to the Ministry of Foreign Affairs. Is francophone West Africa losing its privileged position in French cinematographic policy? During the first two years of the new regime for cinema a dual dynamic was evident, with both transition and historical continuity. In the final months of 2001 a clearer message appears in the politics of African cinema at the Ministry of Foreign Affairs. Central elements of the film policy under the Ministry of Cooperation are compared to current policy and then situated into French film politics in a more general sense.
- Topic:
- Development
- Political Geography:
- Africa