International Criminal Tribunal for Rwanda in the Spotlight: Analysing the Limitations, Shortcomings and Legacy

by | Sep 21, 2019 | ANUL, ANUL 2018 I2

International Criminal Tribunal for Rwanda in the Spotlight: Analysing the Limitations, Shortcomings and Legacy

Authors Daniel Lubowa

ISSN: 2521-2613
Affiliations: Lecturer in International Law at St Augustine University of Tanzania and a PhD in Law Candidate at the Open University of Tanzania, Dar es Salaam, Tanzania
Source: Africa Nazarene University Law Journal, 2018, Issue 2, p. 32 – 46

Abstract

Following the assassination of Hutu Rwandese President Juvenal Habyarimana on 6 April 1994, the Great Lakes country of Rwanda descended into civil war and genocide. Hutu extremists in the National Republican Movement for Development and Democracy (MRND) and the Rwandan Armed forces (RAF) launched an extermination campaign against moderate Hutu and the entire Tutsi ethnic minority. By the time the civil war and genocide ended on 19 July 1994, more than 800 000 Rwandans had been murdered. In an effort to punish those responsible for the genocide, the United Nations established the International Criminal Tribunal for Rwanda (ICTR) for the sole purpose of prosecuting persons responsible for the genocide and other serious violations of international humanitarian law committed in the territory of Rwanda and other such violations committed in neighbouring states between 1 January 1994 and 31 December 1994. Four years after the massacres took place, Jean-Paul Akayesu, a formal mayor, was convicted on nine counts of genocide and crimes against humanity. Dozens more were to follow – among them the former Rwandan Prime Minister Jean Kambanda, who became the first head of a government ever to be convicted of genocide by an international court. By the time of the Tribunal’s formal closure in December 2015, it had delivered 45 judgments, 93 indictments, 61 convictions, 14 acquittals and heard more than 3 000 witness accounts. The ICTR became the first international court to pass a judgment on genocide. This article focuses on the Tribunal’s work, analysing the limitations during the course of its operations and the legacy it has left behind. The article suggests that the legacy of the ICTR lay in the way it dealt with the challenges it faced while still operational. The prospects of the ICTR during its operations certainly lay in the effective redress of these challenges, while on the other hand, the future of mankind lies in a strong and effective international legal system.

Human Rights Aspects Concerning the Construction of the Crocodile Jaw Dam in Isiolo County, Kenya

by | Sep 21, 2019 | ANUL, ANUL 2018 I2

Human Rights Aspects Concerning the Construction of the Crocodile Jaw Dam in Isiolo County, Kenya

Authors Simeon P Sungi

ISSN: 2521-2613
Affiliations: Associate Professor and Chair, Department of Sociology and Criminal Justice at the United States International University-Africa, Nairobi, Kenya. The author is also an Advocate of the High Court of Tanzania and the High Court of Kenya.
Source: Africa Nazarene University Law Journal, 2018, Issue 2, p. 16 – 31

Abstract

This article discusses human rights and constitutional issues relating to the proposed construction of the ‘Crocodile Jaw’ dam in Isiolo County, in Kenya. Through collected primary data, the article critically examines the relevant constitutional and legal foundations as they relate to developmental projects in Kenya and those relating to environmental concerns and/or of the local population, together with international instruments relating to human rights and environmental protection. Furthermore, the article discusses the role of the judiciary in providing remedies to address any social, legal and environmental issues relating to the construction of the dam.

A Legal Perspective on Performance Management Systems and Employee Dismissal in the Nigerian Oil and Gas Industry

by | Sep 20, 2019 | ANUL, ANUL 2018 I2

A Legal Perspective on Performance Management Systems and Employee Dismissal in the Nigerian Oil and Gas Industry

Authors Olaitan O Olusegun, AA Idowu

ISSN: 2521-2613
Affiliations: Lecturer in the Department of Public and International Law, Afe Babalola University, Ado-Ekiti, Nigeria; Professor of Law, Department of Public Law, Obafemi Awolowo University, IleIfe, Osun State, Nigeria
Source: Africa Nazarene University Law Journal, 2018, Issue 2, p. 1 – 15

Abstract

The oil and gas industry is an important sector in Nigeria’s economy as it accounts for a great percentage of government revenue and export earnings. Important determinants of the success of the oil and gas industry are the administration and organisation skills necessary for staff to be effective in the industry. Performance management helps in the achievement of goals and targets and productivity in the oil and gas industry. This paper examines the contents and importance of the oil and gas industry in Nigeria, the concept of a performance management system, its relevance to the industry and some challenges to proper administration. It also discusses the purpose, intention and determinants of performance management in the oil and gas industry. These aspects are examined with a view to identifying the relevance and efficacy of some legal and institutional frameworks for a performance management system as well as appraising certain legal conditions to be fulfilled by authorities vested with the power of punishing or dismissing an employee for contravening ethics, rules and regulations designed for a workable performance management system in the Nigerian oil and gas industry.

Petroleum Sector Liberalisation and Direct State Participation: Lessons from Brazil

by | Sep 20, 2019 | ANUL, ANUL 2018 I1

Petroleum sector liberalisation and direct state participation: Lessons from Brazil

Authors Pereowei Subai

ISSN: 2521-2613
Affiliations: Senior Lecturer in Law, Niger Delta University
Source: Africa Nazarene University Law Journal, 2018, p. 92 – 109

Abstract

The basic claim of this paper is that direct state participation and petroleum sector liberalisation are, for the most part, incompatible. This is because states which attempt to liberalise their petroleum sectors while simultaneously participating in them directly, mostly via national oil companies, are more often than not, inclined to confer exclusive benefits, favours and privileges on these firms. This defeats any pretence at creating a level playing ground for petroleum firms to compete on equal footing. But beyond that, such state-granted favours serve to erode the independence and autonomy of state-owned oil companies, and increase their exposure to political and sub-economic objectives. This weakens their competitiveness and, ultimately, their performance. In order to establish this claim, this paper will examine recent legislative and policy developments in Brazil since 1997 – the year it liberalised its petroleum sector. It will note the drawbacks which the Brazilian petroleum sector, in general, and its national oil company, in particular, has suffered as a result of the state’s inclination to confer exclusive benefits on the firm. The paper will conclude by offering two suggestions to countries which seek to liberalise their petroleum sectors but, at the same time, desire to participate directly in them via national oil companies: that they should either partially privatise such firms, with the state as minority stakeholder, or subscribe to legal frameworks which prohibit the conferment of exclusive privileges on them.

Lessons from Legal Transubstantiation: Analysing the Nigerian Environmental Protection Regime

by | Sep 20, 2019 | ANUL, ANUL 2018 I1

An Ethnically Divided Society: How Centripetalism Failed in Kenya in the 2013 and 2017 Presidential Elections

Authors Emmanuel Onyeabor, Ndubuisi Nwafor, Onyedikachi J Alozie

ISSN: 2521-2613
Affiliations: Senior Lecturer, Faculty of Law, University of Nigeria; Lecturer Faculty of Law, University of Nigeria; Research Assistant, Faculty of Law, University of Nigeria
Source: Africa Nazarene University Law Journal, 2018, p. 66 – 91

Abstract

The paper appraises the influence of international environmental law on Nigeria’s environmental protection regime. It goes on to outline the origin and development of international environmental law, its applicability and how the implementation of international environmental law shapes domestic environmental protection laws within a municipal jurisdiction. It is also important to note that the system of government adopted by a sovereign state goes a long way to determine the way or manner international environmental law is received and implemented within the municipal jurisdiction of such state. The work observes that principles of international environmental law provide the bedrock to the environmental legal framework in Nigeria in the mould of the National Environmental Standard Regulatory Enforcement Agency (NESREA) Act, 2007, and other extant laws.

An Ethnically Divided Society: How Centripetalism Failed in Kenya in the 2013 and 2017 Presidential Elections

by | Sep 18, 2019 | ANUL, ANUL 2018 I1

An Ethnically Divided Society: How Centripetalism Failed in Kenya in the 2013 and 2017 Presidential Elections

Authors Irungu Kang’at, Duncan Ojwant

ISSN: 2521-2613
Affiliations: (PhD Candidate) University of Nairobi; Senior Lecturer Africa Nazarene University, Dean Africa Nazarene University
Source: Africa Nazarene University Law Journal, 2018, p. 57 – 65

Abstract

High and low intensity ethnic conflicts have engulfed Presidential elections in Kenya since the re-introduction of multiparty democracy in early 1990s, except for the 2002 elections. After the high intensity ethnic conflict surrounding the 2007 Presidential elections, a grand coalition government was established in Kenya in 2008 and the same was embedded in the then Constitution. Thereafter the said government enacted a new Constitution in 2010. Two Presidential elections have since been held (the 2013 and 2017 elections) and ethnic conflict with respect to Presidential elections has persisted. This article thus seeks to evaluate the extent to which centripetalism failed in Kenya in the 2013 and 2017 presidential elections, taking into account the ethnic divisions in the country.