Compendium Of Documents On National Human Rights Institutions In Eastern And Southern Africa Edited By Charles M Fombad 2019

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Compendium of documents on National Human Rights Institutions in eastern and southern Africa Edited by Charles M Fombad 2019

Author : Charles M Fombad
Publisher : Pretoria University Law Press
Page : 904 pages
File Size : 45,7 Mb
Release : 2019-01-01
Category : Law
ISBN : 9781920538958

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Compendium of documents on National Human Rights Institutions in eastern and southern Africa Edited by Charles M Fombad 2019 by Charles M Fombad Pdf

Compendium of documents on National Human Rights Institutions in eastern and southern Africa Edited by Charles M Fombad 2019 ISBN: 978-1-920538-95-8 Pages: 898 Print version: Available Electronic version: Free PDF available About the publication Africa’s increasing recognition and protection of human rights have been accompanied by a surge in the number of NHRIs established with broad mandates to promote and protect human rights. The mandates and powers of the NHRIs vary from country to country, as does their ability to deliver on these mandates. Indeed, the rapid increase in the number of NHRIs in Africa has come with a variety of substantive and operational challenges. In the face of such challenges, those who work in NHRIs need to understand the broader regional and global context in which the institutions operate and the changing nature of human rights issues. This compendium provides an overview of NHRIs in eastern and southern Africa. It is guided to a large extent by the internationally agreed-upon Principles Relating to the Status of National Institutions, referred to as the Paris Principles. These Principles are broadly accepted as the benchmark against which the legitimacy and credibility of NHRIs can be assessed. Endorsed by the United Nations General Assembly in 1993, the Paris Principles provide NHRIs with guidelines as to their competence and responsibilities, their composition and guarantees of independence and pluralism, and their methods of operation; additional principles relate to the status of commissions with quasi-jurisdictional competence. The generous financial support of the Konrad Adenauer Stiftung, Rule of Law for Sub-Saharan Africa, Nairobi, Kenya office, is gratefully acknowledged. Table of Contents PREFACE INTRODUCTION AN OVERVIEW OF NHRIS IN EASTERN AND SOUTHERN AFRICA THE OMBUDSMAN OF ANGOLA THE OFFICE OF THE OMBUDSMAN IN BOTSWANA THE BURUNDIAN INDEPENDENT NATIONAL HUMAN RIGHTS COMMISSION THE DEMOCRATIC REPUBLIC OF THE CONGO’S NATIONAL COMMISSION ON HUMAN RIGHTS 6 PART B THE SWAZILAND COMMISSION ON HUMAN RIGHTS AND PUBLIC ADMINISTRATION INTEGRITY THE ETHIOPIAN HUMAN RIGHTS COMMISSION THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS THE LESOTHO HUMAN RIGHTS COMMISSION THE LESOTHO HUMAN RIGHTS COMMISSION THE NATIONAL HUMAN RIGHTS COMMISSION OF MAURITIUS THE RWANDAN NATIONAL COMMISSION FOR HUMAN RIGHTS THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION THE TANZANIAN COMMISSION FORHUMAN RIGHTS AND GOOD GOVERNANCE THE ZAMBIAN HUMAN RIGHTS COMMISSION THE ZIMBABWE HUMAN RIGHTS COMMISSION NATIONAL HUMAN RIGHTS INSTITUTIONS IN EASTERN AND SOUTHERN AFRICA: LESSONS AND PROSPECTS FOR THE FUTURE

A Global Handbook on National Human Rights Protection Systems

Author : Bertrand G. Ramcharan,Gianni Magazzeni,Mona M'Bikay,Inès French
Publisher : BRILL
Page : 1420 pages
File Size : 49,7 Mb
Release : 2023-09-29
Category : Law
ISBN : 9789004535053

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A Global Handbook on National Human Rights Protection Systems by Bertrand G. Ramcharan,Gianni Magazzeni,Mona M'Bikay,Inès French Pdf

The human rights movement strives to develop a universal culture of human rights in all societies, as well as to confront gross violations. This book, the first ever of its kind, is a veritable State of the World Report on Human Rights. It reproduces summaries by UN High Commissioners for Human Rights on the state of the national human rights protection systems of each UN Member State. These summaries were sent following each state’s passage through the Universal Periodic Review (UPR) process of the UN Human Rights Council. The summaries identify each state’s constitutional, legal, judicial and institutional architecture, international conventions not yet ratified, areas of progress, problem areas, and problems affecting different parts of the population. The High Commissioners’ summaries reproduced here are preceded by insightful reflections on the concept of a national human rights protection system, and by regional outlines of national human rights protection systems in the Americas and the Caribbean, Europe Africa, Asia and the Pacific. The book also contains some case studies of the national human rights protection systems of sample states such as Australia, Bhutan, Brazil, Canada, Democratic Republic of the Congo, Guyana, Portugal, Switzerland, Sweden, and South Africa.

Challenged Justice: In Pursuit of Judicial Independence

Author : Shimon Shetreet,Hiram Chodosh,Helland Eric
Publisher : BRILL
Page : 588 pages
File Size : 48,9 Mb
Release : 2021-08-24
Category : Law
ISBN : 9789004421554

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Challenged Justice: In Pursuit of Judicial Independence by Shimon Shetreet,Hiram Chodosh,Helland Eric Pdf

The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.

Natural Resource Sovereignty and the Right to Development in Africa

Author : Carol Chi Ngang,Serges Djoyou Kamga
Publisher : Taylor & Francis
Page : 329 pages
File Size : 55,9 Mb
Release : 2021-08-25
Category : Nature
ISBN : 9781000433739

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Natural Resource Sovereignty and the Right to Development in Africa by Carol Chi Ngang,Serges Djoyou Kamga Pdf

This book explores the nexus between natural resources ownership and the right to development in Africa. The right to sovereignty over natural resources and the right to development are recognised and protected in an extensive framework of international, regional and domestic instruments. They guarantee people's entitlement to fully and freely utilise their natural resources as a means of subsistence and for economic, social and cultural development. Yet, despite the abundance of natural resources in Africa a majority of the people on the continent remain largely impoverished. This book articulates the central argument that to achieve the right to development in Africa requires appropriate governance of the continent’s natural resources to which the people of Africa are guaranteed sovereign ownership. With case study illustrations from Zimbabwe, Ghana, Ethiopia and the Democratic Republic of Congo, chapters explore the normative measures, specific guarantees and community entitlements to natural resources for the realisation of the right to development. The book will be an invaluable guide to scholars and postgraduate students of Natural Resources, Development and African studies as well as policymakers and practitioners in these areas.

THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS: Challenges and Prospects

Author : Charles M. Fombad,Nathaniel A Inegbedion,Thulani R Maseko,Lukman Abdulrauf,Tinashe Chigwata,Donald Rukare,Wandisa Phama,Palesa Madi,Makanatsa Makonese,Kamotho Waiganjo,Jane R Serwanga
Publisher : PULP
Page : 247 pages
File Size : 43,9 Mb
Release : 2016-12-30
Category : Constitutional history
ISBN : 9781920538651

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THE IMPLEMENTATION OF MODERN AFRICAN CONSTITUTIONS: Challenges and Prospects by Charles M. Fombad,Nathaniel A Inegbedion,Thulani R Maseko,Lukman Abdulrauf,Tinashe Chigwata,Donald Rukare,Wandisa Phama,Palesa Madi,Makanatsa Makonese,Kamotho Waiganjo,Jane R Serwanga Pdf

Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts

Author : Bertus de Villiers,Joseph Marko,Francesco Palermo,Sergiu Constantin
Publisher : BRILL
Page : 295 pages
File Size : 41,8 Mb
Release : 2021-08-30
Category : Law
ISBN : 9789004461666

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Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts by Bertus de Villiers,Joseph Marko,Francesco Palermo,Sergiu Constantin Pdf

This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.

Separation of Powers in African Constitutionalism

Author : Charles M. Fombad
Publisher : Oxford University Press
Page : 500 pages
File Size : 41,9 Mb
Release : 2016-03-03
Category : Law
ISBN : 9780191077920

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Separation of Powers in African Constitutionalism by Charles M. Fombad Pdf

The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.

Human Rights Manual and Sourcebook for Africa

Author : Keir Starmer,Theodora A. Christou
Publisher : BIICL
Page : 1486 pages
File Size : 46,6 Mb
Release : 2005
Category : Civil rights
ISBN : 9780903067843

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Human Rights Manual and Sourcebook for Africa by Keir Starmer,Theodora A. Christou Pdf

At a time when the issue of human rights in Africa is making many advances, Human Rights Sourcebook and Manual for Africa introduces easy-to-use jurisprudence. The first section covers key principles and human rights norms which are detailed in straightforward language. The second section is devoted to the death penalty, detailing the relevant provisions from both international and regional instruments and offering a comparative commentary as to how the principles and relevant rights relate to the death penalty. The third section summarizes key case law from international, regional and domestic African courts and tribunals. The case summaries detail the facts and decisions and include a headnote of relevant concepts for quick reference. The fourth section focuses on thirteen African countries, yet the reports are a useful comparative resource for all countries. From conducting the research and compiling the material for this final section, it is apparent that nothing like this has been attempted before in Africa. Much of the work emanates from primary research and investigation conducted by local research teams in the individual countries. Investigative research includes visiting prisons, physically counting the individuals on death row and interviewing the detainees to obtain their age and the length of time they had been on death row.

Constitutionalism in Africa

Author : Joseph Oloka-Onyango
Publisher : Fountain Books
Page : 368 pages
File Size : 55,6 Mb
Release : 2001
Category : Law
ISBN : UOM:39015054275758

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Constitutionalism in Africa by Joseph Oloka-Onyango Pdf

This collection of essays brings together critical and considered responses to matters of constitutionalism in the context of the most recent political evolutions in many African countries. They are concerned with the struggles for progressive constitionalism, and review historical developments and future challenges. Some specific subjects discussed are: pan- Africanism and constitutionalism; culture, ethnicity and citizenship with reference to Ruanda and Senegal; equality, discrimination and constitutionalism in Muslim Africa; gender and affirmative action in post-1995 Uganda; constitution making in Eritrea; and the challenges of antiquated constitutional doctrines and values in Commonwealth Africa. The contributors are prominent scholars in the fields of politics, law and human rights and include Ola Abu Zeid, Antonia Kalu, Ali Mazrui, Oloka-Onyanyo and Sylvia Tamale.

Constitutionalism in Context

Author : David S. Law
Publisher : Unknown
Page : 612 pages
File Size : 40,6 Mb
Release : 2022-02-09
Category : Law
ISBN : 9781108674263

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Constitutionalism in Context by David S. Law Pdf

With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

Comparative Constitutionalism and Good Governance in the Commonwealth

Author : John Hatchard,Muna Ndulo,Peter Slinn
Publisher : Cambridge University Press
Page : 388 pages
File Size : 45,7 Mb
Release : 2009-08-06
Category : Law
ISBN : 0521118298

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Comparative Constitutionalism and Good Governance in the Commonwealth by John Hatchard,Muna Ndulo,Peter Slinn Pdf

The central role that effective governance plays in the economic and social development of a country is widely recognized. Using the example of the Commonwealth countries of eastern and southern Africa, this book analyzes the key issues in the process of developing, strengthening and consolidating the state's capacity to ensure the effective governance of its peoples. The book draws attention to the problems of constitutionalism and critically addresses legal issues involved in making constitutions "work" in practice.

Contextual Choices in Fighting Corruption

Author : Alina Mungiu-Pippidi
Publisher : Unknown
Page : 176 pages
File Size : 43,9 Mb
Release : 2011
Category : Electronic
ISBN : STANFORD:36105212634146

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Contextual Choices in Fighting Corruption by Alina Mungiu-Pippidi Pdf

The New Fourth Branch

Author : Mark Tushnet
Publisher : Cambridge University Press
Page : 197 pages
File Size : 40,7 Mb
Release : 2021-08-31
Category : Law
ISBN : 9781009058315

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The New Fourth Branch by Mark Tushnet Pdf

Twenty-first-century constitutions now typically include a new 'fourth branch' of government, a group of institutions charged with protecting constitutional democracy, including electoral management bodies, anticorruption agencies, and ombuds offices. This book offers the first general theory of the fourth branch; in a world where governance is exercised through political parties, we cannot be confident that the traditional three branches are enough to preserve constitutional democracy. The fourth branch institutions can, by concentrating within themselves distinctive forms of expertise, deploy that expertise more effectively than the traditional branches are capable of doing. However, several case studies of anticorruption efforts, electoral management bodies, and audit bureaus show that the fourth branch institutions do not always succeed in protecting constitutional democracy, and indeed sometimes undermine it. The book concludes with some cautionary notes about placing too much hope in these – or, indeed, in any – institutions as the guarantors of constitutional democracy.

2017 Global Review of Constitutional Law

Author : Richard Albert
Publisher : Unknown
Page : 326 pages
File Size : 45,5 Mb
Release : 2018
Category : Electronic
ISBN : 0692159169

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2017 Global Review of Constitutional Law by Richard Albert Pdf

Digital Activism in the Social Media Era

Author : Bruce Mutsvairo
Publisher : Springer
Page : 341 pages
File Size : 53,6 Mb
Release : 2016-12-12
Category : Social Science
ISBN : 9783319409498

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Digital Activism in the Social Media Era by Bruce Mutsvairo Pdf

This book probes the vitality, potentiality and ability of new communication and technological changes to drive online-based civil action across Africa. In a continent booming with mobile innovation and a plethora of social networking sites, the Internet is considered a powerful platform used by pro-democracy activists to negotiate and sometimes push for reform-based political and social changes in Africa. The book discusses and theorizes digital activism within social and geo-political realms, analysing cases such as the #FeesMustFall and #BringBackOurGirls campaigns in South Africa and Nigeria respectively to question the extent to which they have changed the dynamics of digital activism in sub-Saharan Africa. Comparative case study reflections in eight African countries identify and critique digital concepts questioning what impact they have had on the civil society. Cases also explore the African LGBT community as a social movement while discussing opportunities and challenges faced by online activists fighting for LGBT equality. Finally, gender-based activists using digital tools to gain attention and facilitate social changes are also appraised.