Domesticating The Kampala Convention As A Pivotal Step In Protecting Persons Displaced By Conflict And Violence In Northern Nigeria
Esther Hatsiwa Emmanuel
The paper interrogates the internal displacement in northern Nigeria, through an appraisal of the extant laws particularly the African Union Convention for the Protection and Assistance of Internally Displaced Persons (IDPs) in Africa (Kampala Convention) and other International, regional and domestic instruments. There is no specific National legal framework for the protection and assistance of internally displaced persons in Nigeria. The state is yet to domesticate the Kampala Convention, even though there is a bill pending before the National Assembly that seeks to do the same. The paper recognizes that efforts have been invested by national authorities in developing a National IDP Policy, which was finalized in 2012 but was never adopted. Nigeria should therefore operationalize the Kampala Convention because it provides a comprehensive framework that will bring improvement to the lives of IDP’s in Northern Nigeria.
Long Walk To Justiciability: Article 8a And Uganda’s National Objectives And Directive Principles Of State Policy
Kansiime M. Taremwa and Lisandra Kabagenyi
The 1995 Constitution of the Republic of Uganda was lauded by many commentators
as one of the best in the region. Much of these sentiments of admiration gained
traction because of the comprehensive nature of the Bill of Rights in Chapter 4 of the
Constitution. However, the main body of Chapter 4 did not include a number of
economic, social and cultural rights and they were instead included as part of the
manifesto of aspirations code named, the “National Objectives and Directive
Principles of State Policy.” Judicial enforcement of ESCRs became difficult because of
the fact that these National Objectives were not considered justiciable. In 2005, the
Constitution was amended, introducing a new Article 8A in its main body that seemed
to suggest that NODSPs were not merely aspirations. Notwithstanding some victories,
the experience that the courts have had with Article 8A has left a lot to be desired.
To Grant Or Not To Grant Bail Pending Appeal: A Review Of The Supreme Court’s Decision In Magombe Joshua V. Uganda
Gerald Ndobya & Bruno E. Amanya
The recently decided case of Magombe Joshua v Uganda declared the concept of bail pending appeal nonexistent in the Ugandan Human rights regime on ground that there is no constitutional basis upon which the Supreme Court or lower appellate court could grant the same. This decision departs from earlier decisions of the Supreme Court that had allowed bail applications pending appeal. This paper elucidates that the decision in Magombe v. Uganda upsets the constitutionally recognized law on right to apply for bail. The paper also highlights the various factors left in issue by the decision, paying particular interest to the scope of the presumption of innocence and the need for a liberal and general approach to constitutional interpretation.
Examining The Impact Of Covid-19 On Refugees In Tanzania
Leonard Chimanda Joseph
The impact of COVID-19 to the globe has been cross-cutting. A number of sectors and segments of the population have been affected albeit to varying degrees. The refugee population is one amongst those affected by the pandemic globally. Being stigmatized by the fact that they are in a country not of their origin, the effects of the pandemic potentially compounds the stigma and vulnerability of refugees. This paper examines the impact of COVID-19 on refugees in Tanzania. In so doing, it explores the means and methods that are used by refugees to cope with the situation. The research also explores the roles of Civil Society Organizations (CSOs) and the host community in general including the government in promoting refugees’ resilience in the face of the COVID-19. The research is undertaken using qualitative methods of data collection. Interviews by way of telephone and the administration of online questionnaire were the primary modes bearing in mind the requirement to maintain social distancing. Physical interaction was resorted only when mobile communication was impossible. Desk research formed part of the research methodology as well. The research inter alia finds out that, the COVID-19 highly impacted the income generation activities of refugees both in the camps and non-encamped. The pandemic also caused fear and insecurity to refugees and limited the humanitarian access from humanitarian providers. The pandemic negatively affected CSOs responsible for humanitarian assistance in Tanzania. Majority of these organizations closed their offices. The paper finally makes recommendations on curbing the stated problem.