African Journal of Legal Studies最新文献_第6页

Reconciliation without Justice: The State and the Invalidation of Victimhood in Post-colonial Zimbabwe, 1980–2017 没有正义的和解：1980年至2017年后殖民地津巴布韦的国家与受害者的无效

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African Journal of Legal Studies Pub Date : 2021-11-24 DOI: 10.1163/17087384-12340089

Terence M. Mashingaidze

{"title":"Reconciliation without Justice: The State and the Invalidation of Victimhood in Post-colonial Zimbabwe, 1980–2017","authors":"Terence M. Mashingaidze","doi":"10.1163/17087384-12340089","DOIUrl":"https://doi.org/10.1163/17087384-12340089","url":null,"abstract":"\u0000This article calls for the location of victimhood rather than political convenience at the centre of Zimbabwe’s peace-building matrix. From the attainment of independence in 1980 to the military assisted end of President Robert Mugabe’s rule in November 2017, Zimbabwe’s episodic cycles of violence were concluded through elite bargained amnesty ordinances, state mediated reconciliation pronouncements and clemency orders that unconditionally benefitted perpetrators at the expense of victims. The forgive-and-forget ethic central to these routine and fractional peace building measures, I argue, not only disregarded the rule of law but negated victimhood and rendered justice divisible. Victims of politically motivated violence could not secure redress through the courts of law against amnestied perpetrators as this would amount to double jeopardy. The government withheld prosecutorial justice against perpetrators and disregarded reparations for victims. Within the national legislative framework ordinary legislators could not move motions compelling the government to compensate survivors of violence because only the vice-presidents and ministers could move motions that had the consequence of either depleting state revenues or causing the imposition of additional taxes on citizens. Considering that ministers who had the prerogative to move such motions served in cabinet at the behest of their intractable president they could hardly embarrass or contradict their principal. Essentially, the Robert Mugabe led Zimbabwean government established legal firewalls for perpetrators of politically motivated violence which ipso facto invalidated the quest for justice by victims of the country’s ever recurring cycles of violence. This authoritarian legalism disregarded victimhood and emboldened human rights violators.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42548568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Teleological Interpretation in the Emerging Socio-Economic Rights Jurisprudence of the African Court: African Commission on Human and Peoples’ Rights v Republic of Kenya 非洲法院新兴社会经济权利判例中的目的论解释：非洲人权和人民权利委员会诉肯尼亚共和国

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African Journal of Legal Studies Pub Date : 2021-05-14 DOI: 10.1163/17087384-12340079

A. Amin

{"title":"Teleological Interpretation in the Emerging Socio-Economic Rights Jurisprudence of the African Court: African Commission on Human and Peoples’ Rights v Republic of Kenya","authors":"A. Amin","doi":"10.1163/17087384-12340079","DOIUrl":"https://doi.org/10.1163/17087384-12340079","url":null,"abstract":"\u0000The African Court has recently decided on merits its first socio-economic rights case – ‘the African Commission on Human and Peoples’ Rights v Republic of Kenya’. The Court applied aspects of the teleological approach to interpretation to interpret socio-economic rights in question. The article examines the Court’s application of the teleological approach in its emerging socio-economic rights jurisprudence. The analysis shows that, although the Court found the respondent State in violation of a wide range of socio-economic rights, there are still some shortcomings in its application of the teleological approach. The African Court did not extensively exhaust all the interpretative tools within the African Charter that are in line with the teleological approach. Consequently, the interpretative potential embedded in these aspects of the teleological approach for effective interpretation of socio-economic rights in the African Charter is restricted. The Court also applied the tenets of the teleological approach inappropriately and interpreted some rights relevant to socio-economic rights based on a narrow textual approach. The mixing of the interpretative approaches leads to jurisprudential inconsistencies. If the Court certainly adopts and appropriately apply the teleological interpretation, it will contribute in advancing effective promotion and protection of these rights in the Continent.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"1 1","pages":"1-23"},"PeriodicalIF":0.2,"publicationDate":"2021-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45426831","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Architecture of Denial: Imperial Violence, the Construction of Law and Historical Knowledge during the Mau Mau Uprising, 1952–1960 否认的建筑：1952–1960年毛起义期间的帝国暴力、法律建构和历史知识

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African Journal of Legal Studies Pub Date : 2021-05-14 DOI: 10.1163/17087384-12340080

J. Appiah, Roland Mireku Yeboah, Akosua Asah-Asante

{"title":"Architecture of Denial: Imperial Violence, the Construction of Law and Historical Knowledge during the Mau Mau Uprising, 1952–1960","authors":"J. Appiah, Roland Mireku Yeboah, Akosua Asah-Asante","doi":"10.1163/17087384-12340080","DOIUrl":"https://doi.org/10.1163/17087384-12340080","url":null,"abstract":"\u0000In 2013, the UK government settled a class action suit, which alleged that the British Colonial Government had subjected Kenyans to detainment, ill treatment and torture during the 1952–1960 ‘Kenya Emergency’. During the trial proceedings, the efforts of three expert historical witnesses for the prosecution – Caroline Elkins, David Anderson and Huw Bennett – led to the discovery of a cache of over 8,000 historical files from 36 former British colonies. The material contained within these documents suggested not only that Britain was aware of pervasive human rights abuses occurring throughout Kenya during the Emergency, but that the use of such violence was in fact endorsed and systematically regulated at the highest levels of the colonial administration. Drawing on Foucault’s conception of historical archives as ‘systems of discursivity’, and making use of the testimonies of the three experts, this article explores how the British Colonial Administration was able to dominate the discursive space surrounding Kenyan law and Mau Mau identity, allowing it both to justify the implementation of systemic violence throughout the Emergency, and to evade legal responsibility for these abuses at the time, and for decades afterward.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"-1 1","pages":"1-25"},"PeriodicalIF":0.2,"publicationDate":"2021-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47849259","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Constitution, Constitutionalism and the Economy of Mauritius: An Assessment of Their Interactions Critical to the Relative Economic Success of the Country 毛里求斯的宪法、宪政和经济:对该国相对经济成功至关重要的相互作用的评估

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African Journal of Legal Studies Pub Date : 2021-05-14 DOI: 10.1163/17087384-12340078

R. Mahadew

{"title":"The Constitution, Constitutionalism and the Economy of Mauritius: An Assessment of Their Interactions Critical to the Relative Economic Success of the Country","authors":"R. Mahadew","doi":"10.1163/17087384-12340078","DOIUrl":"https://doi.org/10.1163/17087384-12340078","url":null,"abstract":"\u0000The success of Mauritius as an economy, despite a rather dismal prediction by Nobel Prize recipient James Meade in 1961, has been appealing to many local and international researchers who have written extensively the subject. However, what role have the Constitution of Mauritius and the broad notions of constitutionalism played in this economic success have been critical questions that have been left unanswered. The article discusses firstly how, despite the Mauritian Constitution not being one which is economy-oriented in a direct way, has contributed immensely through the concept of constitutionalism. Secondly, the role of constitutionalism and its impact on the Mauritian economy is also assessed with particular reference to the three arms of government and the judiciary. Finally, the article argues that, as a way forward and to further bolster the Mauritian economy, it is essential now for the Constitution to directly devote a chapter on economic development through relevant and necessary amendments. The main argument to this proposition is that enshrining the concept, methods, and directions that the economy should take in the Constitution confers more constitutional protection and guarantees that no regressive measures are allowed in future.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"1 1","pages":"1-22"},"PeriodicalIF":0.2,"publicationDate":"2021-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44510512","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Religion, Law, and Politics in Ghana: Duabɔ (Imprecation) as Spiritual Justice in the Public Sphere 加纳的宗教、法律和政治:Duab æ(诅咒)作为公共领域的精神正义

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African Journal of Legal Studies Pub Date : 2021-05-14 DOI: 10.1163/17087384-12340081

Seth Tweneboah

引用次数: 1

Migrant Smuggling in Africa: Challenges Yet to Be Overcome 非洲偷渡移民:有待克服的挑战

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African Journal of Legal Studies Pub Date : 2021-05-14 DOI: 10.1163/17087384-12340076

C. d’Orsi

引用次数: 0

Protecting Land Rights of Indigenous Peoples in Africa: The Land Rights of Abuja Peoples of Nigeria and Ogiek Peoples of Kenya in Comparative Perspective 保护非洲土著人民的土地权利:比较视角下尼日利亚阿布贾人民和肯尼亚奥吉克人民的土地权利

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African Journal of Legal Studies Pub Date : 2021-05-14 DOI: 10.1163/17087384-12340077

S. Barnabas

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Legal Protection of Children in Non-International Armed Conflicts in Nigeria 尼日利亚非国际性武装冲突中对儿童的法律保护

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African Journal of Legal Studies Pub Date : 2021-02-04 DOI: 10.1163/17087384-12340074

Olaitan O Olusegun

引用次数: 0

Development of Unconstitutional Change of Government under the Malabo Protocol – From Prohibition to Over-Criminalisation? 马拉博议定书下违宪政府更迭的发展——从禁止到过度定罪?

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African Journal of Legal Studies Pub Date : 2021-02-04 DOI: 10.1163/17087384-12340075

Niriksha Sanghvi

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‘Throwing a Baby with Bathwater,’ Restoration of the Tanzanian Indigenous Justice System: The Case of Sukuma, Kinga and Iraqwi Ethnic Groups “把婴儿扔进洗澡水”，坦桑尼亚土著司法系统的恢复:苏库马、Kinga和伊拉克少数民族的案例

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African Journal of Legal Studies Pub Date : 2021-02-04 DOI: 10.1163/17087384-12340073

J. Gabagambi

{"title":"‘Throwing a Baby with Bathwater,’ Restoration of the Tanzanian Indigenous Justice System: The Case of Sukuma, Kinga and Iraqwi Ethnic Groups","authors":"J. Gabagambi","doi":"10.1163/17087384-12340073","DOIUrl":"https://doi.org/10.1163/17087384-12340073","url":null,"abstract":"\u0000The indigenous justice systems were modes of resolving conflicts in Tanzanian communities for millenia before the introduction of the common law system as it was applied in England. The introduced mode, despite its success, is encumbered with a number of challenges. Apart from the challenges, the restoration of one’s customs and traditions is what makes one a human. The conventional justice system being ‘water’ to clean off dirt, the ‘baby’ is celebrated for what it has so far achieved; thus, the washed baby should not have been thrown into the water because in Africa, and Tanzania in particular, no one denies how valuable a baby is to parent and the community at large. Despite Tanzania’s efforts in capturing the bits of indigenous justice systems, the laws in place to a great extent roll on the bits of the conventional justice system. Protecting and preserving one’s customs has caught the interest of the international and regional community. That should awaken Tanzanians to look for the baby (indigenous justice systems) and appreciate its beauty. Ratification of the convention on tribal and indigenous people is optional; its negation devalues one’s customs and traditions. This paper comes with a reformatory agenda. The pumpkin in the homestead cannot be uprooted i.e. indigenous traditions must be preserved.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"1 1","pages":"1-24"},"PeriodicalIF":0.2,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41834008","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0