Corruption And Human Rights Law In Africa
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Corruption And Human Rights Law In Africa
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Author : Kolawole Olaniyan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Corruption And Human Rights Law In Africa written by Kolawole Olaniyan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.
Corruption And Constitutionalism In Africa
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Author : Charles M. Fombad
language : en
Publisher: Oxford University Press
Release Date : 2020-03-12
Corruption And Constitutionalism In Africa written by Charles M. Fombad and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-12 with Law categories.
This collection of essays to focuses on the critical issue of corruption that lies at the heart of the crisis of constitutionalism in Africa. Most anti-corruption measures over the years have been inadequate, serving merely as symbolic gestures to give the impression something is being done. The African Union's declaration of 2018 as the 'African anti-corruption year', belated though it be, is an open recognition by African governments of the impact corruption will have on the continent unless urgent steps are taken. The key objective of this volume is to draw attention to the problem of corruption, the complexity of the situation, with all its multi-faceted social, political, economic and legal dimensions, and the need for remedial action.
Ownership Of Proceeds Of Corruption In International Law
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Author : Kolawole Olaniyan
language : en
Publisher: Oxford University Press
Release Date : 2023-11-21
Ownership Of Proceeds Of Corruption In International Law written by Kolawole Olaniyan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-21 with categories.
Recovery of proceeds deriving from corruption is now increasingly recognized as a principle of contemporary international law. However, people's sovereign and ownership rights over their wealth and natural resources have remained more theoretical than real, especially in the global fight against corruption. As a result, the populations of victim-states often cannot hold their governments accountable for misusing proceeds of corruption, and do not benefit from the recovery, repatriation, management, and use of returned proceeds. In the first comprehensive study on the issue, Kolawole Olaniyan challenges the conventional notion that sovereign and ownership rights over wealth and natural resources - and by extension, the proceeds of corruption - should be exclusively exercised by states. Olaniyan's Ownership of Proceeds of Corruption in International Law examines the relationship between the right to wealth and natural resources, proceeds of corruption, and economic activities. Focusing on victims of corruption, the book argues that victim-states' populations ought to be empowered to pursue grand corruption and asset recovery actions against their governments. It proposes theoretical and legal remedies for recovering proceeds of corruption, encouraging the development of domestic laws.
Combating Corruption
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Author : John Hatchard
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-01-01
Combating Corruption written by John Hatchard and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-01 with Law categories.
John Hatchard considers the need for good governance, accountability and integrity in both the public and private sector. He studies how these issues are reflected in both the African Union Convention on Preventing and Combating Corruption and the Unit
Governance Human Rights And Political Transformation In Africa
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Author : Michael Addaney
language : en
Publisher: Springer Nature
Release Date : 2019-11-19
Governance Human Rights And Political Transformation In Africa written by Michael Addaney and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-19 with Political Science categories.
This edited volume examines the development and challenges of governance, democracy, and human rights in Africa. It analyzes the emerging challenges for strengthening good governance in the region and explores issues related to civil, political, economic, cultural, and social rights highlighting group rights including women, girls, and other minority groups. The project presents a useful study of the democratization processes and normative developments in Africa exploring challenges in the form of corruption, conflict, political violence, and their subsequent impact on populations. The contributors appraise the implementation gap between law and practice and the need for institutional reform to build strong and robust mechanisms at the domestic, regional, and international levels.
Measuring Corruption In Southern Africa
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Author :
language : en
Publisher:
Release Date : 2001
Measuring Corruption In Southern Africa written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Bribery categories.
This book presents norms and tools designed to measure, quantify, and qualify corruption in Southern Africa.
International Human Rights Law In Africa
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Author : Frans Viljoen
language : en
Publisher: OUP Oxford
Release Date : 2012-03-29
International Human Rights Law In Africa written by Frans Viljoen and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-29 with Law categories.
This book provides a comprehensive and analytical overview of human rights law in Africa. It examines the institutions, norms, and processes for human rights realization provided for under the United Nations system, the African Union, and sub-regional economic communitites in Africa, and explores their relationship with the national legal systems of African states. Since the establishment of the African Union in 2001, there has been a proliferation of regional institutions that are relevant to human rights in Africa. These include the Pan African Parliament, the Peace and Security Council, the Economic, Social and Cultural Council and the African Peer Review Mechanism of the New Partnership for Africa's Development. This book discusses the links between these institutions. It further examines the case law stemming from Africa' most important human rights instrument, the African Charter on Human and Peoples Rights, which entered into force on 21 October 1986. This new edition contains a new chapter on the African Children's Rights Committee as well as full coverage of new developments and instruments, such as the Convention on the Rights of Persons with Disabilities, the Convention on Enforced Disappearances, and the African Charter on Democracy, Elections and Governance. Three cross-cutting themes are explored throughout the book: national implementation and enforcement of international human rights law; legal and other forms of integration; and the role of human rights in the eradication of poverty. The book also provides an introduction to the relevant human rights concepts.
Human Rights And Good Governance
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Author : Hans-Otto Sano
language : en
Publisher: BRILL
Release Date : 2021-08-04
Human Rights And Good Governance written by Hans-Otto Sano and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-04 with Law categories.
This volume, the result of an ongoing Nordic research project undertaken under the auspices of the Danish Centre for Human Rights in Copenhagen and the Raoul Wallenberg Institute for Human Rights and Humanitarian Law in Lund, examines the relationship and possible interaction between good governance and human rights. The contributors consist of academics and professionals with backgrounds in development studies, economics, law, political science, and sociology. Together they demonstrate the need for interdisciplinary dialogue and clarification of concepts, contents, and processes of realisation. While good governance is mainly pursued in a development context, it is a central message of the book that good governance guidelines ought to have universal applicability, affecting international organisations and public and private actors in Northern as well as Southern countries. Yet an established consensus does not exist on how good governance and human rights can or should complement each other. The book therefore assesses the advantages of using existing links and identifies ways of building new bridges for mutual support between governance and human rights. The authors examine their topics on the basis of theory, best practices, law, the experiences of societies undergoing democratic transition, and other empirical evidence, without attempting to come up with a common definition of good governance. The plurality of interpretations will hopefully further strengthen good governance and human rights as integral elements of a global agenda.
Corruption In Africa
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Author : Peter Anassi
language : en
Publisher: Trafford Publishing
Release Date : 2004
Corruption In Africa written by Peter Anassi and has been published by Trafford Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Political Science categories.
Corruption, as a social science, has been mystified and even ignored for many generations. Not many people would like to talk about this subject, openly and transparently. Now, it is becoming a subject of great concern, not only in the developing nations but also in the developed world. The subject has impacted so negatively in our social, economic and political life, that we can no longer keep quiet about it. Corruption is eroding the moral values of many nations and consigning many people to perpetual poverty and deprivation. To me this is a subject that is becoming more important and critical than even civics and geography in schools. It is a subject that touches and affects the morality of nations. I have a passionate concern, that, if we in Africa want to make Africa a better place to live in, then we must address this subject with the seriousness it deserves. Like any other social science, this subject should be introduced in our schools, and colleges, so that our young people, could be made acutely aware of the evils of this vice, and how it could be eradicated from our society. If this is done, our future generations will live in a much better society than we are today. There should also be programmes in place, organized by the civil society, and other agencies to educate the masses about the consequences of corruption in society. I do, however, appreciate that without available materials, my propositions could not be feasible. This book therefore, is intended to form a good source of Civic Education Material into Corruption in Africa and more specifically, in Kenya. The book has been written with those educational objectives, specifically in mind. It is the intention of this book to show that corruption poses a serious challenge in terms of the economic, political and social development in the AfricanContinent. Corruption undermines democratic institutions and good governance in the political landscape. It reduces accountability and negates representation and policymaking in the electoral process. It abrogates the rule of law in the judiciary. Corruption also encourages nepotism resulting into unequal provision of resources to the population in the public sector. The book further endeavours to show, that corruption undermines the legitimacy of government, and such democratic values as human rights, respect for therule of law, trust and tolerance. Corruption also does undermine economic development by advancing narrow and selfish economic policies and incompetence, in the delivery of services to the people. This book seeks to analyze, how corruption in public institutions, has squandered the national wealth, and impoverished the people. There is also a critical analysis on bureaucratic corruption, and how the public officers achieve their objectives, by diverting public investment away from social and people friendly projects, such as poverty reduction, education, health and housing, into capital projects, simply to attract bribes for individual benefits. The book examines institutional corruption in various departments of government, including the Police, Judiciary, Public Works, Immigration, Revenue Authority, Lands, Local Government and many other public institutions. The book also examines corruption in the public and private sectors, including public corporations, political banks, educational institutions and how the general public, have also contributed to the vice. The book further, examines corruption in other African countries, and makes, useful comparisons. It goes on to deal with measures that are being put in place,both in Kenya, and other African countries to fight corruption nationally, and internationally. The Anti-Corruption and Economic Crimes Act, and the Public Servants Ethics Act that the Kenya Government, has put in place are discussed in some detail. The role of civil society and other organizations like Transparency International, and the media in the fight against corr
Corruption Proofing In Africa
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Author : Dan Kuwali
language : en
Publisher: Taylor & Francis
Release Date : 2024-03-11
Corruption Proofing In Africa written by Dan Kuwali and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-11 with Political Science categories.
This book outlines evidence-based and data-driven strategies for combating grand corruption in Africa. Although the causes of corruption vary from country to country, this book suggests that corruption in Africa is often a direct consequence of poorly conceived legislation, policies, and institutional loopholes. The authors in this solution-oriented book converge in arguing that effective strategies to combat corruption (corruption proofing) should integrate an independent enforcement system, vigilant civil society, vibrant media, and political leadership. Utilising empirical evidence and a systems thinking approach, the contributors also uncover root causes of corruption and identify high-leverage interventions to prevent abuse of entrusted power for personal gain. The book recommends an integrated proactive strategy that includes top-down, bottom-up, and multi-stakeholder approaches in the implementation of anti-corruption legislation and policies. Bringing together multidisciplinary and transdisciplinary research, the chapters in this volume include case studies from selected countries on the continent, including Cameroon, Kenya, Malawi, Namibia, Uganda, and Zimbabwe. Providing readers with a range of effective and functional initiatives in combating corruption in Africa, this book will be of interest to students and researchers of corruption, governance, ethics, peace and security, development, and African studies, as well as policymakers, practitioners, development partners, among other stakeholders.