The Unity Dow Case and the Constitutional Protection of Women in Botswana

by | Sep 27, 2019 | ANUL, ANUL 2015 I2

The Unity Dow Case and the Constitutional Protection of Women in Botswana

Authors Bonolo Ramadi Dinokopila

ISSN: 2521-2613
Affiliations: Senior Lecturer, University of Botswana, Department of Law, Gaborone, Botswana
Source: Africa Nazarene University Law Journal, 2015, Issue 2, p. 35 – 52

Abstract

In 1992, the Court of Appeal of Botswana ruled that a woman who was married to a foreigner could pass on citizenship to her children born of the marriage. In this landmark case, the highest court of the land asserted the rights of women and delivered what would emerge as a major blow to patriarchy in the country. This article focuses on the influence that the Attorney General v Dow (Unity Dow case) has had in the empowerment of women in Botswana. In particular, the extent to which there has been a shift from patriarchy to the protection, promotion and fulfilment of women’s rights is discussed. The article also ascertains the extent to which the international legal regime on women’s rights has influenced developments in the law in Botswana.

Challenges Presented to the Legal Regime by the Emergence of Private Military Contractors

by | Sep 27, 2019 | ANUL, ANUL 2015 I2

Challenges Presented to the Legal Regime by the Emergence of Private Military Contractors

Authors Kenneth Wyne Mutuma

ISSN: 2521-2613
Affiliations: Lecturer, School of Law, University of Nairobi
Source: Africa Nazarene University Law Journal, 2015, Issue 2, p. 1 – 34

Abstract

The past two decades have witnessed the emergence and rapid growth of private military and security contractors (PMSCs). Today, these corporate entities make up a global security industry based on the provision of security services to both state and non-state clientele across the world, whose value is over 100 United States billion dollars. Although their initial rise was intimately associated with post-Cold War factors, and was expected to taper off with the decline of such factors, these speculations have not materialised. Instead, the gap presented by the demand for and supply of security services, especially with the advent of the war on terrorism, has bolstered their growth to the point that the world’s leading military power, the United States of America (USA), has become dependent upon these actors. It is not surprising that their rapid rise has sparked enormous interest regarding their activities. In particular, the services of PMSCs during armed conflict have generated intense debates on how they should be viewed and treated. These debates have intensified as high profile PMSCs have been forced to submit to the scrutiny of the public because of their use of violence in scenarios that amount to gross violations of human rights and humanitarian law. Even far more significant is the underlying question of the nature of the services that the PMSCs carry out in the battlefield, including services that constitute direct participation in hostilities. In addition, there is the question of whether the current legal regime governing armed conflict foresees, and adequately caters for, this peculiarity. International humanitarian law classifies all actors operating in armed conflicts as either combatants or civilians, conferring rights and obligations upon them on the basis of where they fall in this divide. On that basis, this article seeks to ascertain on which side of the dichotomy these actors are classified. It concludes that the majority of PMSC personnel will be considered as civilians, which is a contradiction in view of the reality of their activities. It is on the basis of that reality that the article proceeds to discuss the challenges that arise from the current classification of PMSCs.

Socio-Economic and Cultural Rights under the 2010 Constitution of Kenya: Justiciable or Aspirational?

by | Sep 27, 2019 | ANUL, ANUL 2015 I1

Socio-Economic and Cultural Rights under the 2010 Constitution of Kenya: Justiciable or Aspirational?

Authors Obat Joseph Wasonga, PLO Lumumba

ISSN: 2521-2613
Affiliations: Lawyer at Lumumba & Lumumba Advocates, Nairobi; Director/Chief Executive and Secretary, Kenya School of Law Board
Source: Africa Nazarene University Law Journal, 2015, Issue 1, p. 118 – 139

Abstract

Economic, social and cultural rights are human legal entitlements relating to the workplace, social security, family life, environment, participation in the cultural life, and access to housing, food, water, health care and education. International human rights instruments are grounded on the fact that particular entities, such as States, have a duty to protect, promote, and fulfil such rights. On that basis, the holders of the rights may correspondingly make claims on the duty-bearers. Therefore, an evaluation of the fulfilment of human rights should examine the extent of the obligation of the dutybearers, as well as the extent of enjoyment of the legal entitlements by the rights holders. This article investigates the theoretical basis for the inclusion of economic, social and cultural rights in the 2010 Constitution. It addresses the question whether the protection of such rights is an indication that the Constitution has a transformative agenda that proceeds beyond the mere guarantee of abstract equality. It also evaluates whether there is a genuine commitment to transform Kenya from a society based on socio-economic deprivation to one that is grounded on equal and equitable distribution of resources. It is in that context that the article examines the issue of justiciability of socio-economic rights under the 2010 Constitution of Kenya.

The Memorandum of Understanding on Double Taxation between Nigeria and Kenya: An Appraisal

by | Sep 27, 2019 | ANUL, ANUL 2015 I1

The Memorandum of Understanding on Double Taxation between Nigeria and Kenya: An Appraisal

Authors MK Adebayo, SM Olokooba

ISSN: 2521-2613
Affiliations: Lecturer and Head, Department of Private and Property Law, Faculty of Law, University of Ilorin; Lecturer, Faculty of Law, University of Ilorin
Source: Africa Nazarene University Law Journal, 2015, Issue 1, p. 102 – 117

Abstract

It is the practice in most States for income tax to be imposed both on worldwide income derived by residents of the country and on income derived by non-residents generated within the country. The effect of such a system is that income derived by a resident of one State from a source in another country is subjected to tax in both States. This position clearly discourages foreign investment, hence the conclusion of double taxation treaties between States. The focus of this article is, therefore, an appraisal of the memorandum of understanding (MoU) agreement on double-taxation recently entered into by Nigeria and Kenya. It argues that the MoU, if effectively implemented, will boost trade and economic development through increased revenue generation from taxation. The article elucidates on the jurisprudential basis of double taxation treaties by States and then proceeds to undertake a critical analysis of the MoU by Nigeria and Kenya.

Violations of Socio-Economic Rights in Developing States: A Case for the Recognition of the Right to Inheritance in International Human Rights Law

by | Sep 27, 2019 | ANUL, ANUL 2015 I1

Violations of Socio-Economic Rights in Developing States: A Case for the Recognition of the Right to Inheritance in International Human Rights Law

Authors Azizat O Amoloye-Adebayo

ISSN: 2521-2613
Affiliations: Lecturer, Faculty of Law, University of Ilorin; Barrister and Solicitor of the Supreme Court of Nigeria
Source: Africa Nazarene University Law Journal, 2015, Issue 1, p. 83 – 101

Abstract

This article contributes to the human rights discourse on the protection of economic, social, and cultural rights (ESCR) under international human rights law (IHRL). In a developing State’s context, such as in the case of Nigeria, lack of resource may be cited as an excuse for lack of meaningful protection of ESCR. However, this article postulates the view that some core ESCR may be realised and guaranteed not just by viewing them as obligations for States to expend financial resources to facilitate their protection, but also, and even more importantly, by requiring States to review the root causes of their violations, some of which are merely socio-cultural in nature. The socio-cultural causes of the violations of ESCR may not require utilisation of financial resources. To demonstrate that point, the article examines the issue of how States can reduce ESCR violations through dispossession and dis-entitlement to property under the inheritance legal regime, especially in developing States such as Nigeria.

Legislating Corporate Social Responsibility in Kenya’s Extractive Industry: A Case Study of the Mui Coal Mining Project

by | Sep 27, 2019 | ANUL, ANUL 2015 I1

Legislating Corporate Social Responsibility in Kenya’s Extractive Industry: A Case Study of the Mui Coal Mining Project

Authors Lois M Musikali

ISSN: 2521-2613
Affiliations: None
Source: Africa Nazarene University Law Journal, 2015, Issue 1, p. 65 – 82

Abstract

Corporate governance scholarship, so far, has focused on a rather narrow, finance-dominated, agency theory perspective. This has been the case even in defining corporate social responsibility (CSR). Corporate social responsibility has only been justified where it is considered to be financially beneficial to the company. It is on that basis that this article addresses the question of whether such a paradigm is justifiable when applied to developing countries such as Kenya. The article is a case study of CSR in Kenya’s mining industry that is dominated by multinationals. In particular, it focuses on the treatment of stakeholders in the Mui Coal Mining Project in Kitui County, Kenya.