The Legacy of Colonialism on the Rule of Law in Sub Saharan Africa

2019 ◽  
Vol 113 ◽  
pp. 63-65
Author(s):  
Joel Samuels
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Sub Saharan Africa ◽  
Access To Justice ◽  
The Rule Of Law ◽  
Colonial Legacy ◽  
Sub Saharan ◽  
The Impact

The impact of the colonial legacy and the decolonization process on the rule of law in sub-Saharan Africa encompasses virtually every component of the rule of law—governance, accountability, transparency, corruption, human rights, gender rights, access to justice, and the assurance of clear, publicized, stable, and just laws. These remarks are intended to provide an overview of some of the consequences of that legacy on the slow and delicate march toward a future where states and their leaders across the region embrace and abide by the rule of law.

scholarly journals Finance, governance and inclusive education in Sub-Saharan Africa

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Simplice A. Asongu ◽  
Nicholas M. Odhiambo
Keyword(s):  
Secondary Education ◽  
Inclusive Education ◽  
Rule Of Law ◽  
Generalized Method Of Moments ◽  
Sub Saharan Africa ◽  
Content Type ◽  
Credit Access ◽  
Government Effectiveness ◽  
The Rule Of Law ◽  
Sub Saharan

Purpose The purpose of this paper is to assess the importance of credit access in modulating governance for gender-inclusive education in 42 countries in Sub-Saharan Africa with data spanning the period 2004–2014. Design/methodology/approach The generalized method of moments is used as empirical strategy. Findings The following findings are established: First, credit access modulates government effectiveness and the rule of law to induce positive net effects on inclusive “primary and secondary education.” Second, credit access also moderates political stability and the rule of law for overall net positive effects on inclusive secondary education. Third, credit access complements government effectiveness to engender an overall positive impact on inclusive tertiary education. Originality/value Policy implications are discussed with emphasis on sustainable development goals.

scholarly journals Crime and Public Support for the Rule of Law in Latin America and Africa

2014 ◽  
Vol 6 (2-3) ◽  
pp. 153-169 ◽  
Author(s):  
Shannon I. Smithey ◽  
Mary Fran T. Malone
Keyword(s):  
Latin America ◽  
Public Opinion ◽  
Latin American ◽  
Rule Of Law ◽  
Fear Of Crime ◽  
Public Support ◽  
Sub Saharan Africa ◽  
New Democracies ◽  
The Rule Of Law ◽  
Sub Saharan

Abstract Crime poses a formidable obstacle to democratization in many parts of the developing world. New democracies in Central America and sub-Saharan Africa face some of the highest homicide rates in the world. Politicians, citizens, and policy-makers have raised the alarm about the growing tide of criminality. Public insecurity, coupled with inefficient and often corrupt justice systems, makes democratization uncertain. Even if new democracies do not revert to dictatorship, the quality of democracy may suffer if crime continues to rise. One particularly vulnerable component of democracy is the rule of law, as public insecurity may fuel support for extra-legal justice, and a willingness to disregard the law while aggressively pursuing suspected criminals. To test these relationships, we assess the ways in which criminal victimization, as well as fear of crime, affect citizen support for the rule of law. We utilize public opinion data collected in select countries in Latin America and sub-Saharan Africa through two widely used sources – the Latin American Public Opinion Project (LAPOP) and the Afrobarometer surveys.

scholarly journals La primauté du droit : la situation des immigrants et des réfugiés en droit canadien au regard des Chartes et des textes internationaux

2005 ◽  
Vol 28 (3) ◽  
pp. 585-624 ◽  
Author(s):  
Christian Brunelle
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rule Of Law ◽  
Legal Protection ◽  
The Rule Of Law ◽  
Immigrants And Refugees ◽  
Long Time ◽  
International Obligations ◽  
The Impact ◽  
Discretionary Powers

The « rule of law » which for a long time was considered as an unwritten part of the Constitution now enjoys full constitutional status. Its enshrining in the preamble of the Canadian Charter sheds considerable light on the manner in which the rights and freedoms of the Charter should be perceived. The author opens his discussion by examining the impact that the constitutionalization of the « rule of law » has had on immigrants and refugees in Canada. As the Immigration Act of 1976 confers numerous discretionary powers which could result in their abusive use, the author analyses how the Human Rights charters applicable in Canada and in Quebec can insure the legal protection of immigrants and refugees. In the second part of his study, the author discusses the principal international texts ratified by Canada which have as their purpose the protection of the rights of immigrants and refugees. As international law is not « self-enforcing » in Canada, the author shows how the internal legal community conforms to the international obligations contracted by Canada.

scholarly journals Corruption and the Rule of Law in Sub-Saharan Africa

2011 ◽  
Vol 4 (2) ◽  
pp. 187-208 ◽  
Author(s):  
Stuart S. Yeh
Keyword(s):  
Sierra Leone ◽  
Rule Of Law ◽  
Good Governance ◽  
Sub Saharan Africa ◽  
International Agency ◽  
The Rule Of Law ◽  
The World Bank ◽  
Centralized Planning ◽  
Sub Saharan

AbstractThe World Bank and IMF attribute underdevelopment in sub-Saharan Africa to the practice of directing economic activity through centralized planning. They prescribe privatization and economic liberalization to restructure African economies, promote competition, reduce the scope for corruption, and promote good governance. However, inadequate checks on political power permit African elites to subvert these reforms. This article reviews the political economy of sub-Saharan countries as well as a case study of Sierra Leone to illustrate the problem. The analysis suggests the need for an international agency such as the UN to provide the capacity to investigate, expose and check corruption by employing UN inspectors who are immune to pressure from powerful African elites. This type of check on corruption is necessary to promote the rule of law in sub-Saharan Africa.

Impact of globalization on human rights: evidence from Sub-Saharan Africa

2020 ◽  
Vol 47 (12) ◽  
pp. 1453-1480
Author(s):  
Aman Takiyar ◽  
N.V.M. Rao
Keyword(s):  
Human Rights ◽  
Positive Impact ◽  
Social Dimension ◽  
Sub Saharan Africa ◽  
Political Dimension ◽  
Economic Dimension ◽  
Content Type ◽  
Multiple Dimensions ◽  
Sub Saharan ◽  
The Impact

PurposeThe purpose of this study is to examine the impact of globalization and its multiple dimensions on human rights in Sub-Saharan Africa.Design/methodology/approachThe study extends the Poe and Tate (1994) model, which enumerates the various determinants of human rights. Ordered probit estimation is used to estimate the impact of globalization and its dimensions. For the purpose of empirical analysis, the period has been divided into three phases: short, medium and long term. This helps in understanding how the impact of the different dimensions of globalization has evolved over a period of time. Furthermore, analysis has been carried out to detect causality between human rights and globalization.FindingsAs per the results, overall globalization and social dimension of globalization do have a positive impact on human rights in long and medium term and, also, Granger-cause human rights. The political dimension of globalization has a positive relation with human rights, though there exists no causality between the two. On the other hand, the economic dimension of globalization fails to have a statistically significant impact on human rights. Impact of the social dimension of globalization dominates that of other dimensions of globalization.Originality/valueThis is one of the few studies that examine, in an empirical fashion, the impact of globalization on human rights in Sub-Saharan Africa.

scholarly journals Information technology, governance and insurance in Sub-Saharan Africa

2019 ◽  
Vol 16 (8) ◽  
pp. 1253-1273 ◽  
Author(s):  
Simplice Asongu ◽  
Joseph Nnanna ◽  
Paul Acha-Anyi
Keyword(s):  
Rule Of Law ◽  
Life Insurance ◽  
Political Stability ◽  
Sub Saharan Africa ◽  
Content Type ◽  
Government Effectiveness ◽  
The Rule Of Law ◽  
Internet Penetration ◽  
Insurance Penetration ◽  
Sub Saharan

Purpose This study aims to investigate the role of information and communication technology (ICT) in modulating the effect of governance on insurance penetration in 42 Sub-Saharan African countries using data for the period 2004-2014. Design/methodology/approach Two insurance indicators are used in the analysis, namely, life insurance and non-life insurance. The three ICT modulating dynamics used include mobile phone penetration, internet penetration and fixed broadband subscriptions. Six governance channels are also considered, namely, political stability, “voice & accountability”, regulation quality, government effectiveness, the rule of law and corruption-control. The empirical evidence is based on generalized method of moments. Findings The following main findings are established. First, mobile phone penetration does not significantly modulate governance channels to positively affect life insurance while it effectively complements “voice & accountability” to induce a positive net effect on non-life insurance. Second, internet penetration complements governance dynamics of political stability, government effectiveness and rule of law to induce positive net effects on life insurance and corruption-control for an overall positive effect on non-life insurance. Third, the relevance of fixed broadband subscriptions in promoting life insurance is apparent via governance channels of regulation quality, government effectiveness and the rule of law while fixed broadband subscriptions do not induce significant overall net effects on non-life insurance though the conditional effects are overwhelmingly significant. Originality/value To the best of the authors’ knowledge, studies on the relevance of ICT in promoting insurance consumption through governance channels are sparse, especially for a region such as Sub-Saharan Africa where insurance penetration is low compared to other regions of the world.

Ensuring Human Rights in Criminal Proceedings in the Context of a Pandemic

2020 ◽  
Vol 11 ◽  
pp. 99-104
Author(s):  
O. V. Kachalova ◽  
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Rule Of Law ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Public Interests ◽  
The Rule Of Law ◽  
Emergency Situations ◽  
General Terms ◽  
Private And Public

The coronavirus pandemic has put a number of legal issues on the agenda of the world community – how to ensure the rule of law in the face of the need to save the lives and health of many people, how to achieve a reasonable balance in the ratio of various human rights in a pandemic situation, how to determine the criteria for proportionality of restrictions on essential human rights. The criminal justice authorities and courts have a serious task to ensure human rights, achieve the effectiveness of criminal proceedings and access to justice in the context of the coronavirus pandemic, on the one hand, and take the necessary measures to ensure the safety of persons involved in criminal proceedings, including their own, from the threat of COVID-19 infection, on the other. Measures that restrict human rights in the context of a pandemic must be implemented in accordance with the principles of the rule of law, respect for human rights, the rule of law, legal certainty and proportionality. Proportionality can be established by determining a reasonable balance of private and public interests in each particular situation, through an assessment of the affected interests in terms of their significance. In General terms, the rights and freedoms that provide the most significant benefits are given priority. The criteria for determining a reasonable balance between private and public interests and for resolving an emerging conflict of human rights are determined taking into account the immediate circumstances of the case (the epidemiological situation, the state of health of participants in the process, the urgency and significance of the proceedings for participants in criminal proceedings and the interests of justice, the ability to ensure the necessary sanitary and epidemiological requirements). The coronavirus pandemic has put on the agenda the issue of creating a strategy for the transformation of criminal justice institutions in emergency situations, when the normal mode of criminal proceedings is impossible due to objective reasons.

scholarly journals Governance, CO2 emissions and inclusive human development in sub-Saharan Africa

2019 ◽  
Vol 38 (1) ◽  
pp. 18-36 ◽  
Author(s):  
Simplice A Asongu ◽  
Nicholas M Odhiambo
Keyword(s):  
Human Development ◽  
Environmental Degradation ◽  
Rule Of Law ◽  
Policy Implications ◽  
Sub Saharan Africa ◽  
Inclusive Development ◽  
Institutional Governance ◽  
The Rule Of Law ◽  
Negative Effect ◽  
Sub Saharan

This study investigates the relevance of government quality in moderating the incidence of environmental degradation on inclusive human development in 44 sub-Saharan African countries for the period 2000–2012. Environmental degradation is measured with CO2 emissions and the governance dynamics include: political stability, voice and accountability, government effectiveness, regulation quality, the rule of law and corruption-control. The empirical evidence is based on the generalised method of moments. Regulation quality modulates CO2 emissions to exert a net negative effect on inclusive development. Institutional governance (consisting of corruption-control and the rule of law) modulates CO2 emissions to also exert a net negative effect on inclusive human development. Fortunately, the corresponding interactive effects are positive, which indicates that good governance needs to be enhanced to achieve positive net effects. A policy threshold of institutional governance at which institutional governance completely dampens the unfavourable effect of CO2 emissions on inclusive human development is established. Other policy implications are discussed.

scholarly journals Women's Right to Land Between Collective and Individual Dimensions. Some Insights From Sub-Saharan Africa

2021 ◽  
Vol 5 ◽  
Author(s):  
Stefania Errico
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
Careful Analysis ◽  
Indigenous Women ◽  
Sub Saharan Africa ◽  
Limited Attention ◽  
Individual Rights ◽  
Collective Rights ◽  
Sub Saharan ◽  
The Impact

Women represent a large part of the 2.5 billion people who depend on lands managed through customary, community-based tenure systems and are especially reliant on commons for their lives and livelihoods. They have very often limited and unsecured access to land and natural resources and tend to be excluded from decisions concerning them. Far from representing a homogenous group, they face varying challenges that are the result of multiple and intersecting forms of discrimination, whereby gender dynamics intersect with other characteristics, such as age, disability, ethnic origin, or socioeconomic status. Peasant and indigenous women, in many instances, face the compounded impact of the lack of recognition and violation of the collective rights of their communities, which is often the legacy of histories of colonization, conquest, dispossession and discrimination, and patriarchal norms, exacerbated by neoliberalism and the commodification of land and natural resources. The nexus between individual and collective rights is one of particular importance, but has received limited attention, including as regards the gendered effects of human rights violations of collective rights. In the present article, the nexus between collective and individual rights of peasant and indigenous women is illustrated by considering the experience surrounding the recognition and implementation of collective rights to land in Sub-Saharan Africa and the impact on women's right to land. The article argues that peasant and indigenous women's right to land is best protected through interventions aimed at guaranteeing both their collective and individual rights. There is a need to take into account and address simultaneously the barriers that indigenous and peasant women face with regard to their collective as well as their individual rights. These barriers include those ascribed to the discrimination and social, economic and political marginalization suffered by their peoples and communities, as well as those related to patriarchal power structures within and outside them. Addressing these barriers requires the respect, protection and fulfillment of both collective and individual human rights of women and a careful analysis of the interaction between these rights.

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