An overview of normative frameworks for the protection of development-induced IDPs in Kenya.
- Authors: Juma, Laurence
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127112 , vital:35957 , https://doi.org/10.1163/17087384-12342016
- Description: Based on the assumption that development induced displacement brings new challenges that the existing protection frameworks may not be aptly suited to deal with, this article analyses how the existing laws have met this challenge and the prospects for further improvement. While its focus is on Kenya, it evaluates the normative quality of protection and standards offered by regional instruments against the existing, as well emerging, parameters for implementation at the domestic level. In this regard, the article examines the propriety of Kenya’s newly promulgated law on internal displacement in providing for protection for the development induced IDPs, the implementation programme that it establishes and its prospects for furthering the vision of the UN Guiding Principles on Internally Displaced and other regional instruments.
- Full Text:
- Authors: Juma, Laurence
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127112 , vital:35957 , https://doi.org/10.1163/17087384-12342016
- Description: Based on the assumption that development induced displacement brings new challenges that the existing protection frameworks may not be aptly suited to deal with, this article analyses how the existing laws have met this challenge and the prospects for further improvement. While its focus is on Kenya, it evaluates the normative quality of protection and standards offered by regional instruments against the existing, as well emerging, parameters for implementation at the domestic level. In this regard, the article examines the propriety of Kenya’s newly promulgated law on internal displacement in providing for protection for the development induced IDPs, the implementation programme that it establishes and its prospects for furthering the vision of the UN Guiding Principles on Internally Displaced and other regional instruments.
- Full Text:
Human Rights and Conflict Transformation in Africa
- Authors: Juma, Laurence
- Date: 2013
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/127449 , vital:36012 , ISBN 9789956790418 , http://www.africanbookscollective.com/books/human-rights-and-conflict-transformation-in-africa
- Description: This study maps the interactions between human rights norms and values, on the one hand, and conflict resolution, post–conflict peace-building and reconstruction, on the other. It advances the view both from a theoretical and practical standpoint, that human rights have a role to play throughout the life of any conflict: from the pre-conflict to the post-conflict and reconstruction stages. Identifying entry points for human rights in the pre-conflict stage leading up to the establishment of the rule of law and societal reconstruction after the conflict, this book uses Sierra Leone and Democratic Republic of Congo experiences to illustrate the obstacles, the successes, and the significance of human rights norms to the overall peace agenda in societies afflicted by conflict.
- Full Text: false
- Authors: Juma, Laurence
- Date: 2013
- Language: English
- Type: text , book
- Identifier: http://hdl.handle.net/10962/127449 , vital:36012 , ISBN 9789956790418 , http://www.africanbookscollective.com/books/human-rights-and-conflict-transformation-in-africa
- Description: This study maps the interactions between human rights norms and values, on the one hand, and conflict resolution, post–conflict peace-building and reconstruction, on the other. It advances the view both from a theoretical and practical standpoint, that human rights have a role to play throughout the life of any conflict: from the pre-conflict to the post-conflict and reconstruction stages. Identifying entry points for human rights in the pre-conflict stage leading up to the establishment of the rule of law and societal reconstruction after the conflict, this book uses Sierra Leone and Democratic Republic of Congo experiences to illustrate the obstacles, the successes, and the significance of human rights norms to the overall peace agenda in societies afflicted by conflict.
- Full Text: false
Protection of development-induced internally displaced persons under the African Charter: the case of the Endorois community of Northern Kenya
- Authors: Juma, Laurence
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127100 , vital:35955 , https://heinonline.org./HOL/Page?handle=hein.journals/ciminsfri46amp;div=15amp;g_sent=1amp;casa_token=amp;collection=journals
- Description: The discourse on development-induced displacement has highlighted the enormity of problems faced by communities who are forcefully removed to create room for development projects, while at the same time, exposed the insularity of national and international legal frameworks for their protection. Using the case of Centre for Minority Rights Development (CEMIRIDE) on behalf of the Endorois Community v Kenya (No 276/200), decided by the African Commission on Human and People's Rights in November 2009, this article analyses the support that regional and continental rights enforcement mechanisms could provide to the protection of IDPs, particularly those displaced by development projects.
- Full Text:
- Authors: Juma, Laurence
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127100 , vital:35955 , https://heinonline.org./HOL/Page?handle=hein.journals/ciminsfri46amp;div=15amp;g_sent=1amp;casa_token=amp;collection=journals
- Description: The discourse on development-induced displacement has highlighted the enormity of problems faced by communities who are forcefully removed to create room for development projects, while at the same time, exposed the insularity of national and international legal frameworks for their protection. Using the case of Centre for Minority Rights Development (CEMIRIDE) on behalf of the Endorois Community v Kenya (No 276/200), decided by the African Commission on Human and People's Rights in November 2009, this article analyses the support that regional and continental rights enforcement mechanisms could provide to the protection of IDPs, particularly those displaced by development projects.
- Full Text:
The South African Defence Review (2012) and private military/security companies (PMSCs): heralding a shift from prohibition to regulation?
- Juma, Laurence, Tsabora, James
- Authors: Juma, Laurence , Tsabora, James
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/126132 , vital:35852 , https://doi.org/10.17159/1727-3781/2013/v16i4a2415
- Description: This article discusses the possibility of South Africa enacting a new law regulating private military/security companies (PMSCs) beyond the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act of 2006. It argues that such a possibility arises from the policy direction expressed in the Defence Review of 2012, and the recent developments at the international level, which indicate a shift towards accommodation of PMSCs as legitimate players in the security sector. The article surveys the current state of national and international law relating to PMSCs and illustrates how the emerging shift from prohibition to regulation has affirmed the need for legislative intervention in this field. It concludes that since the future is on the side of regulation and not prohibition, legislation that furthers the policy agenda envisioned by the Defence Review 2012 may be the best tool to unlock the inhibitions of the past and create a viable climate for reframing the debate on domestic law governing private militarism in South Africa.
- Full Text:
- Authors: Juma, Laurence , Tsabora, James
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/126132 , vital:35852 , https://doi.org/10.17159/1727-3781/2013/v16i4a2415
- Description: This article discusses the possibility of South Africa enacting a new law regulating private military/security companies (PMSCs) beyond the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act of 2006. It argues that such a possibility arises from the policy direction expressed in the Defence Review of 2012, and the recent developments at the international level, which indicate a shift towards accommodation of PMSCs as legitimate players in the security sector. The article surveys the current state of national and international law relating to PMSCs and illustrates how the emerging shift from prohibition to regulation has affirmed the need for legislative intervention in this field. It concludes that since the future is on the side of regulation and not prohibition, legislation that furthers the policy agenda envisioned by the Defence Review 2012 may be the best tool to unlock the inhibitions of the past and create a viable climate for reframing the debate on domestic law governing private militarism in South Africa.
- Full Text:
Waiver of the right to judicial impartiality: comparative analysis of South African and Commonwealth jurisprudence
- Okpaluba, Chuks, Juma, Laurence
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127138 , vital:35960 , https://0-hdl.handle.net.wam.seals.ac.za/10520/EJC153154
- Description: This paper investigates whether judicial independence and impartiality entrenched in written constitutions and recognised by the common law as fundamental requirements of fair administration of justice can be subjected to the private law principles of waiver, estoppel or acquiescence. In an attempt to answer this question, the paper suggests that the starting point should be the interrogation of whether the right alleged to be waived emanates from the constitution or administrative law. At common law, a right can be waived, insofar as the party involved had knowledge of the right and failed to assert it.
- Full Text: false
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127138 , vital:35960 , https://0-hdl.handle.net.wam.seals.ac.za/10520/EJC153154
- Description: This paper investigates whether judicial independence and impartiality entrenched in written constitutions and recognised by the common law as fundamental requirements of fair administration of justice can be subjected to the private law principles of waiver, estoppel or acquiescence. In an attempt to answer this question, the paper suggests that the starting point should be the interrogation of whether the right alleged to be waived emanates from the constitution or administrative law. At common law, a right can be waived, insofar as the party involved had knowledge of the right and failed to assert it.
- Full Text: false
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