503 research outputs found
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Transitional justice and socio-economic rights in Zimbabwe /
No full textThis book addresses the issue of corruption as a socio-economic rights concern at a national level. Zimbabwes widespread corruption inhibited its development in all aspects. It weakened institutions, especially those called upon to arbitrate political and economic contests, leading to potential human rights violations. However, Zimbabwe saw a change of government in November 2017. In this context, there seemed to be an opening to work towards reform in relation to the anti-corruption architecture. Specifically, the new era provides an opportunity to review how accountability mechanisms (including but not limited to amnesties, truth commissions, institutional reforms and prosecutions) can address corruption as a socio-economic rights violation. As the government still tries to address competing priorities, many moving parts and various matrixes, this volume in the International Criminal Justice Series provides a timely frame for revisiting the debate and developing the strategic thinking regarding transitional justice options in Zimbabwe. It will be of great interest to practitioners, policy makers, scholars and students in the fields of anti-corruption, socio-economic and human rights, and transitional justice. Prosper Maguchu is Visiting Assistant Professor at the Centre for the Politics of Transnational Law of the Vrije Universiteit Amsterdam, The Netherlands
Recommended from our members
Transitional Justice and Socio-Economic Rights in Zimbabwe
No full textThis book addresses the issue of corruption as a socio-economic rights concern at a national level. Zimbabwe's widespread corruption inhibited its development in all aspects. It weakened institutions, especially those called upon to arbitrate political and economic contests, leading to potential human rights violations. However, Zimbabwe saw a change of government in November 2017. In this context, there seemed to be an opening to work towards reform in relation to the anti-corruption architecture. Specifically, the new era provides an opportunity to review how accountability mechanisms (including but not limited to amnesties, truth commissions, institutional reforms and prosecutions) can address corruption as a socio-economic rights violation. As the government still tries to address competing priorities, many moving parts and various matrixes, this volume in the International Criminal Justice Series provides a timely frame for revisiting the debate and developing the strategic thinking regarding transitional justice options in Zimbabwe. It will be of great interest to practitioners, policy makers, scholars and students in the fields of anti-corruption, socio-economic and human rights, and transitional justice. Prosper Maguchu is Visiting Assistant Professor at the Centre for the Politics of Transnational Law of the Vrije Universiteit Amsterdam, The Netherlands.
Money laundering, lawyers and President’s intervention in Zimbabwe
No full text
Purpose
This study aims to analyse the effects of the Presidential Powers (Temporal Measures), amendment to the Money Laundering and Proceeds of Crime Act to include legal practitioners under the list of designated non-financial business and professions.
Design/methodology/approach
The study is a textual analysis of anti-money laundering legislation [anti-money laundering (AML) legislation] within the context of legal practice in Zimbabwe.
Findings
The amendment put Zimbabwe on the international standard in the fight against money laundering, as legal practitioners have become a soft target for money laundering. Despite its noble aim, in Zimbabwe there is anecdotal evidence that the AML legislation turns lawyers into watchdogs or law enforcement agents. On the contrary, the amendment prevents lawyers from falling to the mercy of organised criminals and money launderers. Furthermore, there is a dearth of empirical research that can demystify the impact of some of the provisions of this law on contested issues, such as legal professional privilege.
Research limitations/implications
This study aims to outline the rationale for anti-money laundering policy and law. This study will analyse how the issue has been approached in other jurisdictions such as England and Wales. The paper will then try to establish coherent principles in the prevention of money laundering. This study will also suggest a number of recommendations as to how Zimbabwe could approach some of the issues while still considering the need to balance competing influences of legal privilege and money laundering regulations.
Practical implications
The paper will bring this issue to the fore and initiate an informed debate, as well as provide practical talking points for legal practitioners to embrace the AML regime and to engage policymakers on the issues that need reform.
Originality/value
This paper provides the first in depth analysis of the money laundering legislation in the legal fraternity in Zimbabwe and goes to offer practical tips and entry points on the application of the regulations or for advocacy towards any reform as might be needed.
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Contesting normative spaces:The Status of African Traditional Courts under International Human Rights Law
No full textThis chapter seeks to critically analyze the normative space within which African traditional courts operate in the context of the normative frameworks of international and regional human rights law that guarantee the right to equality and fair trial before courts and tribunals. The normative framework for the right to equality before the courts and tribunals and to a fair trial is crystallized in many international human rights law instruments. The key legal text on fair trial is Article 14 of the International Covenant on Civil and Political Rights. Based on the characteristics of traditional courts enumerated earlier, it can be deduced that there are a number of clashes with the international human rights law, although this is a contentious issue. Some scholars believe it is an ambitious task for traditional courts to subscribe to the notion of international human rights given their peculiar practice
[De vita contemplativa]
No full text[(Pseudo-)Prosper Aquitanus]Impressum: Datum in der Vorlage genannt, Ort und Drucker nach ISTCPseudo-Prosper. The author is probably Julianus Pomerius, cf Lexikon für Theologie und Kirche, VIII (Freiburg i.B., 1936) pp.362, 504-505 (Aquilon
Revisiting Methods of Addressing Past Corruption and Human Rights Violations in Zimbabwe
No full textLocalizing the Human Rights-Based Approach to Fight Corruption:The Role of Ubuntu
No full textClaims by many experts on the connection between corruption and human rights, and especially the realization that corruption undermines the enjoyment of human rights, have led practitioners to advocate a human rights-based approach to corruption. However, it comes at a time where the global human rights movement is under assault, this contribution addresses the emerging localization discourse in human rights. Researchers and campaigners are adapting the international human rights system to local institutions and meanings in a process of “vernacularization”. This is by taking the needs of the community and the language that makes sense locally as the entry point of human rights advocacy. The question that arises is what role can the local understanding of human rights play? This contribution suggests answers to this question by using the African concept of ubuntu (humanness) to reinforce measures against corruption
Borders and Boundaries: Importing Asset Recovery Duty Free in Transitional Justice Processes
Full text linkAs new conflicts emerge, transitional justice practitioners are finding it increasingly imperative to incorporate the concepts of asset recovery into transitional justice processes and mechanisms. However, for its success, the pillar of transitional justice relating to international asset recovery needs strengthening. Yet a granular understanding of this dimension remains a critical blind spot in the transitional justice and human rights conversation. This paper brings the dynamics of asset recovery as an emerging aspect of human rights law to the fore. In terms of methodology this paper relies on Sharp’s critically motivated problem-solving theory. The paper suggests that for transitional justice to be holistic it should include asset recovery in its accountability mechanisms. Hopefully, it humbly contributes a new angle toward the understanding of what transitional justice can and could become
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