182 research outputs found
Harvests of violence : neglect of basic rights and the Boko Haram insurgency in Nigeria
Full text linkDrawing on core commitments of Critical Terrorism Studies (CTS), and mostly, the ethic of emancipation, this article focuses on the Boko Haram insurgency to investigate recurring violent conflict in Nigeria. It identifies a governance gap not adverted to in the official narrative which has led to gross discontent at the lower levels of the society. The governance gap has created fertile breeding grounds for the recruitment of disillusioned youths who are easily mobilised to violence and lately, insurgency. There are normative and pragmatic reasons to adopt and prioritise social-welfare through the implementation of economic, social and cultural obligations and due process rights as a viable approach to at least reducing the spate of violence in the country. The discussion has relevance for resolving situations of violence and conflict in sub-Sahara Africa in particular and elsewhere in the developing world
Transitional Justice: Theories, Mechanisms and Debates
No full textTransitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind.
The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as:
The origin, context and development of transitional justice
Victims, victimology and transitional justice
Prosecutions for abuses and gross violations of human rights
Truth commissions
Transitional justice and local justice
Gender, political economy and transitional justice
Apology, reconciliation and the politics of memory
Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject.
Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers
Corporations, human rights and corporate social responsibility in Africa:between neglect and inadequate policy direction
No full textThe roles of corporations, generally and multinational ones particularly, in our individual and collective lives are sometimes veiled but salient, and with far reaching implications. The development and spread of the concept of corporate social responsibility (CSR) around the core question of how business should interface with society has occurred virtually simultaneously with the contemporary focus on human rights. On its own terms too, CSR discourse in the academic and professional spheres appear to have reached tipping points but concerns about the role of corporations in many countries have grown in nearly geometric proportions. CSR and human rights, interestingly, engage at their core, a concern for society; either at the level of the individual, groups, communities or the state. They also share, even if only to varying extents, a normative interest in some form of accountability for power as a mechanism for promoting social well-being. Yet, notwithstanding fairly strong normative basis for expecting corporations to buy-in to human rights, corporations and human rights have found it difficult to mix. The flagrant violations of human rights across the globe have occurred (and continue) with complicity of powerful (typically but not only) multinational corporations (MNCs)
Calling the judiciary to account for the past : transitional justice and judicial accountability in Nigeria
Full text linkInstitutional and individual accountability is an important feature of societies in transition from conflict or authoritarian rule. The imperative of accountability has both normative and transformational underpinnings in the context of restoration of the rule of law and democracy. This article argues a case for extending the purview of truth-telling processes to the judiciary in postauthoritarian contexts. The driving force behind the inquiry is the proposition that the judiciary as the third arm of government at all times participates in governance. To contextualize the argument, I focus on judicial governance and accountability within the paradigm of Nigeria’s transition to democracy after decades of authoritarian military rule
Transitional Justice, Judicial Accountability and the Rule of Law
No full textTransitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary plays an important role in contemporary governance, accountability for the judicial role in formerly authoritarian societies remains largely elided and under-researched. Hakeem O. Yusuf argues that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. Through a critical comparative approach that cuts through the transitioning experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa, the book focuses specifically on Nigeria. It demonstrates that public accountability of the judiciary through the mechanism of a truth-seeking process is a necessary component in securing comprehensive accountability for the judicial role in the past. Transitional Justice, Judicial Accountability and the Rule of Law further shows that an across-the-board transformation of state institutions – an important aspiration of transitional processes – is virtually impossible without incorporating the third branch of government, the judiciary, into the accountability process
The past has not passed away: burdens of an unreformed judiciary
No full textNigeria has now experienced more than two decades of civil rule after nearly 30 years of military authoritarian rule. The judicial record in governance during the authoritarian period was virtually unaddressed despite widespread public concerns about the role of the judiciary during the period. The political transition proceeded with the judicial institution’s baggage of complicity for legitimising authoritarian rule and a record of corruption. In an age of increasing involvement of the judiciary in governance, the Nigerian judiciary has been a strategic actor across diverse and critical aspects of governance in the country. While the Nigerian judiciary has made significant contributions to governance in the troubled post-authoritarian state, the judiciary remains blighted from unaccounted institutional legacy. This continues to have serious consequences for the rule of law, human rights, and democracy in the polity. This chapter examines and evaluates the effects of the institutional legacy of the Nigerian judiciary on human rights, rule of law and democracy
Path Dependency and the Politics of Judicial Governance by the Higher Judicial Council in Cameroon
No full textThis chapter offers a critique of the institutional design of Cameroon’s judicial appointment body, the Higher Judicial Council (HJC). It critically interrogates the extent to which the HJC can enhance or protect judicial independence in Cameroon. It is contended that the institutional design of the HJC, which has largely remained unaltered since its establishment, obviates the potentials to secure the independence of the judiciary. The author adopts institutional theory to argue that lack of progressive change to the structure and functioning of the HJC can be attributed to a path dependent approach to institutional evolution which is intrinsically linked to a political culture of executive dominance. The persistence of this institutional design in its original configuration, is part of a self-reinforcing process necessary to achieve the coordination effect—to ensure that the other institutions within the political system complement each other in maintaining a system of executive dominance. To consider the prospects for reforming the HJC, the author offers some reflections on the potentials for institutional transformations in political systems where institutional interdependence is deeply entrenched and underpinned by an established political culture
Oil on troubled waters : multinational corporations and realising human rights in the developing world with particular reference to Nigeria
Full text linkThis article examines the current state of tension in the Niger Delta of Nigeria. It locates the current unrest in the continued denial of economic, social and cultural rights to the oil-rich communities in the area. The author argues that this denial happened with the complicity and acquiescence of the international community. The Nigerian government as well as multinational corporations operating in the area have not been responsive to the development needs of the people. The article argues that, although the primary obligation for realising the economic, social and cultural rights of host communities rests on the government, multi-national corporations in developing countries, considering their awesome resources and influence on government policies, should be similarly obligated to respect, promote and protect those rights
Transitional Justice Theories, Mechanisms and Debates
No full textTransitional justice is the way societies that have experienced civil conflict or authoritarian rule and widespread violations of human rights deal with the experience. With its roots in law, transitional justice as an area of study crosses various fields in the social sciences. This book is written with this multi- and inter-disciplinary dynamic of the field in mind. The book presents the broad scope of transitional justice studies through a focus on the theory, mechanisms and debates in the area, covering such topics as:
The origin, context and development of transitional justice.
Victims, victimology and transitional justice.
Prosecutions for abuses and gross violations of human rights.
Truth commissions.
Transitional justice and local justice.
Gender, political economy and transitional justice.
Apology, reconciliation and the politics of memory.
Offering a discussion of the impact and outcomes of transitional justice, this approach provides valuable insight for those who seek both an introduction alongside relatively advanced engagement with the subject.
Transitional Justice: Theories, Mechanisms and Debates is an important text for postgraduate and advanced undergraduate students who take courses in transitional justice, human rights and criminal law, as well as a systematic reference text for researchers
The Paradox of Madagascar's Legal Institutions: Rethinking Law's Rule
No full textThe western liberal institutional approach centers law and legal institutions within the state. Consequently, it is presumed that an ideal, institutional rule of law is essential for dispensing justice and facilitating effective governance (Chan, 2020). This chapter argues that this state-centred rule of law is ill-suited for attaining justice or effective governance within developing countries with weak state institutions and strong non-state normative systems like Madagascar. It particularly demonstrates that Madagascar’s perceived rule of law deficit is underpinned by the struggle to reconcile its state and non-state institutions following recurring low and high intensity crises (Lwabukuna , 2022). This presumably stems from the western-centric conceptualisation and practice of rule of law, notably, the failure to acknowledge and embrace the reality and role of non-state institutions and norms in Madagascar’s legal and governance structures
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