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.
The Interface Between The Traditional And Criminal Justice Systems: A Review of The High Court's Decision in Kanyamunyu Mathew Muyogoma v Uganda
Courage Ssewanyana*
Traditional justice mechanisms (TJMs) were the hall mark of dispute resolution and
justice in the different African societies before the colonial era started in the 1880s.
With the import of the Victorian justice system in Uganda, the customary laws that
governed traditional justice mechanisms were relegated to a test of repugnancy. The
recently decided case of Kanyamunyu Mathew v. Uganda brought into light the
position of traditional justice systems in the legal arena. The Judge noted that the
traditional justice system (Mato-Oput) is shrouded in legal ambiguity and its interface
with the criminal justice system is opaque. The author takes the stand that this
decision was a missed opportunity for courts to recognize the applicability of
traditional justice mechanisms in Uganda’s jurisprudence. The paper takes
cognizance of the arguments against traditional justice systems. This paper seeks to
deconstruct these arguments and advocate for the acceptance of this module of
justice.
Critique of The Legal Framework Governing The Resolution Of Public Procurement Dispites In Tanzania
Daudi Francis Momburi
The procurement process is facing various challenges, some legally based and others arising from the application of the law. The disputes that arise from the procurement process are contentious and need review so that justice may be served where there is a wrong. The justice should be timely and must provide remedies within reasonable time since these are largely commercial transactions. The system faces a challenge where some instituted bodies and persons to handle procurement disputes also parties to the procurement process hence leading to doubts as to impartiality. There should therefore be a review of the laws to provide for bodies with quasi judicial powers to handle these disputes. These bodies should be completely disconnected from the procurement processes.
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.