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.
Without Their Consent: Unravelling The Conundrum Surrounding Rape In Uganda
Dominic Adeeda
Sexual violence is an emergent problem in Uganda today and it leaves an
enduring and devastating impact on the survivors. Rape is one of the most
pressing issues under the broader genus of sexual violence. It desecrates the very
core of the victim’s esteem, dignity and integrity and it is mostly perpetrated by
men. Although originally this type of crime was not openly discussed, research
has provided a greater understanding of the offence and its devastating effects to
survivors. This article therefore contributes to this scholarship by demystifying
the whole notion of rape in Uganda while looking at the legal regime that governs
the offence, national crime statistics and prosecution of the offence. The article
thus makes an overall appeal to curb rape through a multi – disciplinary
approach and undertaking necessary reforms in the law that governs the offence.
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.
Is The Covid-19 Pandemic A Profit Making Scheme: A Call For Waiving Intellectual Property Rights In The Fight Against Covid-19
Joseph Byomuhangyi
The World is awash with fear of extinction due to the corona virus. However, where people see death, pharmaceutical companies see an opportunity to make profits through manufacturing vaccines and protecting their intellectual property rights. This paper calls for a critical examination as to whether intellectual property (IP) rights should be waived or maintained in the fight against COVID-19 pandemic. The author is cognizant of the technological advancements that modern countries have had hence giving them the leverage to manufacture most of the vaccines; while struggling third world countries cannot afford to innovate and hence have to purchase the vaccines from the pharmaceutical companies. This paper therefore suggests that, pharmaceutical companies should waive their intellectual property rights insofar as manufacture and distribution of COVID-19 vaccines extends in the fight against COVID-19.