The Dilemma In International Migration: An Era of International Immigration And GeoPolitics
Ernest Jovan Talwana
At the end of both World War I and II, there was an influx of refugees caused by
death, destruction and displacement of many groups of people. Most of these
groups constituted minorities living in the collapsed Ottoman, Habsburg empires
after WWI and the communities affected by Nazi occupation of Central Europe
which had culminated into WWII. Both wars created refugee crises which
required resettlement of displaced peoples. Refugee crises have never ended
because human kind has a propensity to dispute and hence conflict. This has
seen a persistent number of people displaced across the world. From the influx of
Guatemalan refugees to the United States during the late 20th Century, to the
Afghan war, Iraqi war and, currently, the Syrian and Libyan refugee crises
affecting Europe courtesy of the endless conflicts that have ravaged those
nations. Such conflicts create social and economic difficulties which push people
to migrate. When all these issues happen simultaneously, it is bound to create a
situation that is exploited by certain parties in order to advance their own
agendas, at the expense of immigrants.
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.
Long Walk To Justiciability: Article 8a And Uganda’s National Objectives And Directive Principles Of State Policy
Kansiime M. Taremwa and Lisandra Kabagenyi
The 1995 Constitution of the Republic of Uganda was lauded by many commentators
as one of the best in the region. Much of these sentiments of admiration gained
traction because of the comprehensive nature of the Bill of Rights in Chapter 4 of the
Constitution. However, the main body of Chapter 4 did not include a number of
economic, social and cultural rights and they were instead included as part of the
manifesto of aspirations code named, the “National Objectives and Directive
Principles of State Policy.” Judicial enforcement of ESCRs became difficult because of
the fact that these National Objectives were not considered justiciable. In 2005, the
Constitution was amended, introducing a new Article 8A in its main body that seemed
to suggest that NODSPs were not merely aspirations. Notwithstanding some victories,
the experience that the courts have had with Article 8A has left a lot to be desired.
The African Woman In International Law
Lorna Afoyomungu Olum
This article interrogates the problematic nature of classical international law,
showing the ways in which it historically privileged, and advanced, European
values and interests over those of subaltern groups. While acknowledging the
contributions of the Third World Approaches to International Law (TWAIL) and
Feminist approaches, as important challenges to traditional international law,
the article argues that these critical movements themselves contain a blind
spot - insofar as they do not adequately surface the needs and concerns of the
African woman as a subject of international law. To this end, the article
suggests a need for further reflection upon, and responses to, the multiple
ways in which the African woman is excluded - normatively and institutionally
- in the contemporary international legal framework.