Pub Date : 2020-12-18DOI: 10.1163/17087384-12340072
J. Mubangizi
The South African Constitution, particularly its Bill of Rights, is regarded as one of the most progressive in the world. The Ugandan Constitution, adopted around the same time as its South African counterpart, also has a Bill of Rights. Lawyers and advocacy groups in both countries have taken advantage of their constitutions to challenge the government to enforce several rights ranging from health care services, education, water and sanitation, to housing and social security, albeit at a lower scale and with less impact and significance in Uganda than South Africa. The purpose of this paper is to discuss and determine the constitutional impact of strategic litigation in South Africa and Uganda. The paper begins with a conceptual context of strategic litigation. The specific reasons for the choice of the two countries are highlighted before focusing, in a comparative way, on some relevant organizations and the various court decisions that have emanated from strategic litigation in both countries. The paper identifies similarities and differences between Ugandan and South African approaches to strategic litigation. Conclusions are then made after highlighting the comparative lessons that both countries can learn from each other, but also what other African states can learn from these two countries’ experiences.
{"title":"Strategic Litigation in South Africa and Uganda: Shared Perspectives and Comparative Lessons","authors":"J. Mubangizi","doi":"10.1163/17087384-12340072","DOIUrl":"https://doi.org/10.1163/17087384-12340072","url":null,"abstract":"\u0000The South African Constitution, particularly its Bill of Rights, is regarded as one of the most progressive in the world. The Ugandan Constitution, adopted around the same time as its South African counterpart, also has a Bill of Rights. Lawyers and advocacy groups in both countries have taken advantage of their constitutions to challenge the government to enforce several rights ranging from health care services, education, water and sanitation, to housing and social security, albeit at a lower scale and with less impact and significance in Uganda than South Africa. The purpose of this paper is to discuss and determine the constitutional impact of strategic litigation in South Africa and Uganda. The paper begins with a conceptual context of strategic litigation. The specific reasons for the choice of the two countries are highlighted before focusing, in a comparative way, on some relevant organizations and the various court decisions that have emanated from strategic litigation in both countries. The paper identifies similarities and differences between Ugandan and South African approaches to strategic litigation. Conclusions are then made after highlighting the comparative lessons that both countries can learn from each other, but also what other African states can learn from these two countries’ experiences.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45077106","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-18DOI: 10.1163/17087384-12340071
Kennedy Kariseb
On the occasion of its 25th Ordinary Session held in Bujumbura, Burundi, from 26 April to 5 May 1999, the African Commission adopted resolution ACHPR/res.38 (XXV) 99 on the appointment of a Special Rapporteur on the Rights of Women in Africa (SRRWA), retrospectively with the appointment taking effect from 31 October 1998. This means that the mechanism of the SRRWA is roughly making twenty years since its initial inception. Coming of age and time, the twenty years of existence of the mechanism of the SRRWA makes it not only one of the oldest (and perhaps most successful) mechanisms of the African Commission; but one that has been the subject of tremendous triumph, trial and tribulation. Over the past two decades, the mechanism has been a product of both progression and regression. By and large the mechanism of the SRRWA has played an appreciable role in the advancement of women’s rights on the African continent. This article aims at taking stock of the achievements and failures of the 20 years of the work of the SRRWA. Although taking pride in the achievements of the mechanism, this article argues for incremental reforms within the mechanism, including the refining of the terms of reference of the mandate; the need for closer cooperation with global and regional systems mechanisms, women at grassroots including women’s rights movements, and mutual support from civil society organisations.
{"title":"Twenty Years of Triumph, Trial and Tribulation: Reflections on the Mechanism of the African Commission’s Special Rapporteur on the Rights of Women in Africa","authors":"Kennedy Kariseb","doi":"10.1163/17087384-12340071","DOIUrl":"https://doi.org/10.1163/17087384-12340071","url":null,"abstract":"\u0000On the occasion of its 25th Ordinary Session held in Bujumbura, Burundi, from 26 April to 5 May 1999, the African Commission adopted resolution ACHPR/res.38 (XXV) 99 on the appointment of a Special Rapporteur on the Rights of Women in Africa (SRRWA), retrospectively with the appointment taking effect from 31 October 1998. This means that the mechanism of the SRRWA is roughly making twenty years since its initial inception. Coming of age and time, the twenty years of existence of the mechanism of the SRRWA makes it not only one of the oldest (and perhaps most successful) mechanisms of the African Commission; but one that has been the subject of tremendous triumph, trial and tribulation. Over the past two decades, the mechanism has been a product of both progression and regression. By and large the mechanism of the SRRWA has played an appreciable role in the advancement of women’s rights on the African continent. This article aims at taking stock of the achievements and failures of the 20 years of the work of the SRRWA. Although taking pride in the achievements of the mechanism, this article argues for incremental reforms within the mechanism, including the refining of the terms of reference of the mandate; the need for closer cooperation with global and regional systems mechanisms, women at grassroots including women’s rights movements, and mutual support from civil society organisations.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44741558","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-12-18DOI: 10.1163/17087384-12340070
E. Botlhale
This paper argues that there is no hierarchy in the importance attached to the different categories of human rights. Hence, Civil and Political Rights (CPRs) and Economic, Social, and Cultural Rights (ESCRs) are both human rights and must be placed on the same pedestal. In a democracy, it is imperative that all rights be accorded equal treatment. The aim of this paper is to investigate whether Botswana accords equal treatment to the two categories of human rights. Using a case study approach, the paper concludes that while the Constitution of Botswana provides for CPRs, ESCRs are absent from this instrument. Consequently, the provision of economic, social, and cultural goods is policy-based. The paper argues that this raises accountability and justiciability challenges because the state cannot be sanctioned for failing to provide non-rights. It recommends the constitutionalisation of ESCRs to maximise the accountability and justiciability of ESCRs.
{"title":"The Case for the Constitutionalisation of Economic, Social and Cultural Rights (ESCRs) in Botswana","authors":"E. Botlhale","doi":"10.1163/17087384-12340070","DOIUrl":"https://doi.org/10.1163/17087384-12340070","url":null,"abstract":"\u0000This paper argues that there is no hierarchy in the importance attached to the different categories of human rights. Hence, Civil and Political Rights (CPRs) and Economic, Social, and Cultural Rights (ESCRs) are both human rights and must be placed on the same pedestal. In a democracy, it is imperative that all rights be accorded equal treatment. The aim of this paper is to investigate whether Botswana accords equal treatment to the two categories of human rights. Using a case study approach, the paper concludes that while the Constitution of Botswana provides for CPRs, ESCRs are absent from this instrument. Consequently, the provision of economic, social, and cultural goods is policy-based. The paper argues that this raises accountability and justiciability challenges because the state cannot be sanctioned for failing to provide non-rights. It recommends the constitutionalisation of ESCRs to maximise the accountability and justiciability of ESCRs.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43969442","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-10-01DOI: 10.1163/17087384-12340068
C. Nwankwo
The spate of violent clashes between nomadic pastoralists and agrarian communities in Nigeria raises a number of legal and policy questions that had been long overlooked. Issues arising from the phenomenon range from questions over constitutionally guaranteed rights such as the right to own property, to questions over the inadequacies of Nigeria’s security apparatus as well as calls for land use reforms. Additionally, due to the groups affected and the scale of casualties, the topic has become a political molten magma. The constant conflicts between nomadic pastoralists who are majorly from the Fulani ethnic group, and agrarian communities from other parts of the country have reached unprecedented levels leading to accusations of coordinated attempts at land grab, ethnic cleansing, jihad and insurgency, threatening the country’s security and stability in the process. Fiscally, the destruction of lives and property and the state of insecurity emanating from the clashes stood at $16 billion in potential revenue as at 2018. In no small measure have these clashes been precipitated by climate change and the consequent drought in the Sahara region. This paper analyses the role of the Nigerian state in balancing the interests of affected groups in the clashes and promoting development. At its core, it seeks to identify legal and policy gaps that require filling to put a definite end to the lingering crisis.
{"title":"National Security, Property Rights, and Development in Nigeria: How Should the Leviathan Resolve Herder-Farmer Conflict?","authors":"C. Nwankwo","doi":"10.1163/17087384-12340068","DOIUrl":"https://doi.org/10.1163/17087384-12340068","url":null,"abstract":"\u0000The spate of violent clashes between nomadic pastoralists and agrarian communities in Nigeria raises a number of legal and policy questions that had been long overlooked. Issues arising from the phenomenon range from questions over constitutionally guaranteed rights such as the right to own property, to questions over the inadequacies of Nigeria’s security apparatus as well as calls for land use reforms. Additionally, due to the groups affected and the scale of casualties, the topic has become a political molten magma. The constant conflicts between nomadic pastoralists who are majorly from the Fulani ethnic group, and agrarian communities from other parts of the country have reached unprecedented levels leading to accusations of coordinated attempts at land grab, ethnic cleansing, jihad and insurgency, threatening the country’s security and stability in the process. Fiscally, the destruction of lives and property and the state of insecurity emanating from the clashes stood at $16 billion in potential revenue as at 2018. In no small measure have these clashes been precipitated by climate change and the consequent drought in the Sahara region. This paper analyses the role of the Nigerian state in balancing the interests of affected groups in the clashes and promoting development. At its core, it seeks to identify legal and policy gaps that require filling to put a definite end to the lingering crisis.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"1 1","pages":"1-28"},"PeriodicalIF":0.2,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41445244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-30DOI: 10.1163/17087384-12340065
Lawrence Azubuike
In the past decade or so, the subject of plea bargaining has assumed a, hitherto lacking, currency and has become more topical in Nigeria. This owes to the activities of the anti-corruption agencies which have, of recent, tended to use it in the resolution of cases. This increased use has resulted in outrage and condemnation of the practice. In order to ameliorate the perceived abuse of the practice of plea bargaining, the new criminal procedure statute, the Administration of Criminal Justice Act 2015 (the ACJA), attempts to make comprehensive provisions to guard against its abuse. This article critically assesses the provisions of the ACJA on plea bargaining. It finds that the provisions are unduly broad, verbose and clumsy. Many are superfluous and overlap with others. It suggests an amendment of the statute in order to streamline such provisions.
{"title":"Plea Bargaining in Nigeria Under the Administration of Criminal Justice Act","authors":"Lawrence Azubuike","doi":"10.1163/17087384-12340065","DOIUrl":"https://doi.org/10.1163/17087384-12340065","url":null,"abstract":"\u0000In the past decade or so, the subject of plea bargaining has assumed a, hitherto lacking, currency and has become more topical in Nigeria. This owes to the activities of the anti-corruption agencies which have, of recent, tended to use it in the resolution of cases. This increased use has resulted in outrage and condemnation of the practice. In order to ameliorate the perceived abuse of the practice of plea bargaining, the new criminal procedure statute, the Administration of Criminal Justice Act 2015 (the ACJA), attempts to make comprehensive provisions to guard against its abuse. This article critically assesses the provisions of the ACJA on plea bargaining. It finds that the provisions are unduly broad, verbose and clumsy. Many are superfluous and overlap with others. It suggests an amendment of the statute in order to streamline such provisions.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"1 1","pages":"1-23"},"PeriodicalIF":0.2,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41793017","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-30DOI: 10.1163/17087384-12340069
N. Ojukwu-Ogba, P. Osode
Financial crimes are debilitating problems for economies, especially emerging ones. The scourge of financial crimes includes money laundering, fraud, drug and human trafficking, terrorism financing, bribery, embezzlement, market manipulation, tax evasion, identity theft, forgery and cybercrime. These problems are so intractable and potentially destructive that the collective effort to prevent or contain them has gone global. The imperative of enhanced transparency and financial system integrity, not only in national financial systems but also in the international financial order, has become inevitable. This has resulted in the landmark frameworks of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and the G7’s Financial Action Task Force. This paper discusses the legal combat of financial crimes in two major African economies: Nigeria and South Africa, with particular emphasis on money laundering and terrorism financing due to their direct negative macro-economic implications for any economy. The focus on the twin problems in those two economies is based on their pre-eminent position in Africa. The paper examines the legal frameworks for the prevention or containment of the scourge in the two countries and interrogates measures that could engender their effective control.
{"title":"The Legal Combat of Financial Crimes: A Comparative Assessment of the Enforcement Regimes in Nigeria and South Africa","authors":"N. Ojukwu-Ogba, P. Osode","doi":"10.1163/17087384-12340069","DOIUrl":"https://doi.org/10.1163/17087384-12340069","url":null,"abstract":"\u0000Financial crimes are debilitating problems for economies, especially emerging ones. The scourge of financial crimes includes money laundering, fraud, drug and human trafficking, terrorism financing, bribery, embezzlement, market manipulation, tax evasion, identity theft, forgery and cybercrime. These problems are so intractable and potentially destructive that the collective effort to prevent or contain them has gone global. The imperative of enhanced transparency and financial system integrity, not only in national financial systems but also in the international financial order, has become inevitable. This has resulted in the landmark frameworks of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and the G7’s Financial Action Task Force. This paper discusses the legal combat of financial crimes in two major African economies: Nigeria and South Africa, with particular emphasis on money laundering and terrorism financing due to their direct negative macro-economic implications for any economy. The focus on the twin problems in those two economies is based on their pre-eminent position in Africa. The paper examines the legal frameworks for the prevention or containment of the scourge in the two countries and interrogates measures that could engender their effective control.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":" ","pages":"1-23"},"PeriodicalIF":0.2,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47847768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-30DOI: 10.1163/17087384-12340066
J. Chewaka
Bigamous marriage has been outlawed under the Family and Criminal Codes of Ethiopia despite its wide practice in Ethiopia. This article examined the legality of judicial recognition of the effects of bigamous marriage by the Federal Supreme Court Cassation and its implications for the regulation of marriage. The article reviewed the substance of the current family laws in light of selected decisions of Federal Supreme Court Cassation on bigamous marriage by juxtaposing principles of legal interpretation. The article argues that the recognition of outlawed bigamous marriage by the Federal Supreme Court Cassation, even for relief purposes, amounts to an act of judicial law-making. The Court’s reasoning based on the gap-filling role of the judiciary under the guise of the necessity to address problems of bigamous marriage as a ‘social reality’ deviates from the purpose of the current rules under the family law that were deliberately designed to regulate monogamous marriage.
{"title":"Judicial Recognition of Outlawed Bigamous Marriage in Ethiopian Federal Supreme Court Cassation: Legal Gap-Filling or Judicial Lawmaking?","authors":"J. Chewaka","doi":"10.1163/17087384-12340066","DOIUrl":"https://doi.org/10.1163/17087384-12340066","url":null,"abstract":"\u0000Bigamous marriage has been outlawed under the Family and Criminal Codes of Ethiopia despite its wide practice in Ethiopia. This article examined the legality of judicial recognition of the effects of bigamous marriage by the Federal Supreme Court Cassation and its implications for the regulation of marriage. The article reviewed the substance of the current family laws in light of selected decisions of Federal Supreme Court Cassation on bigamous marriage by juxtaposing principles of legal interpretation. The article argues that the recognition of outlawed bigamous marriage by the Federal Supreme Court Cassation, even for relief purposes, amounts to an act of judicial law-making. The Court’s reasoning based on the gap-filling role of the judiciary under the guise of the necessity to address problems of bigamous marriage as a ‘social reality’ deviates from the purpose of the current rules under the family law that were deliberately designed to regulate monogamous marriage.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"1 1","pages":"1-22"},"PeriodicalIF":0.2,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45480566","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-30DOI: 10.1163/17087384-12340064
M. Araromi, Deborah D Adeyemo
Though Nigeria is regarded as a secular state, there are two major religions which are predominantly practiced. Religious sentiments have permeated the societal space in Nigeria and often times the ardent practice and observance of religious tenets lead to perennial conflicts with governmental policies. It is one of the fundamental precepts of human rights that the religious belief of individuals should be respected, therefore the provision for the protection of right to religion in the national laws and some international instruments. The education system requires specific dress codes which must be observed. It is against this backdrop that this paper examines the right to practice religion in Nigeria and the obvious conflicts between this practice and policies in the Nigerian education system particularly at primary and post-primary school levels. The paper addresses the scope of the right to practice one’s religion under the law vis-à-vis governmental policies in educational institutions.
{"title":"Religion and Secularism in Nigeria: The Effect of Compulsory Dress Codes in the Educational System on the Right to Practice Religion","authors":"M. Araromi, Deborah D Adeyemo","doi":"10.1163/17087384-12340064","DOIUrl":"https://doi.org/10.1163/17087384-12340064","url":null,"abstract":"\u0000Though Nigeria is regarded as a secular state, there are two major religions which are predominantly practiced. Religious sentiments have permeated the societal space in Nigeria and often times the ardent practice and observance of religious tenets lead to perennial conflicts with governmental policies. It is one of the fundamental precepts of human rights that the religious belief of individuals should be respected, therefore the provision for the protection of right to religion in the national laws and some international instruments. The education system requires specific dress codes which must be observed. It is against this backdrop that this paper examines the right to practice religion in Nigeria and the obvious conflicts between this practice and policies in the Nigerian education system particularly at primary and post-primary school levels. The paper addresses the scope of the right to practice one’s religion under the law vis-à-vis governmental policies in educational institutions.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"1 1","pages":"1-35"},"PeriodicalIF":0.2,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49114788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-09-30DOI: 10.1163/17087384-12340067
B. Nkrumah
As the world mourns and condemns the brutal death of George Floyd by police brutality, one cannot ignore, but reflect on similar atrocities committed against hundreds of Africans by virtue of their skin pigmentation. These victims are Africans with albinism (AwA). Widespread discrimination and targeted attacks against these individuals occur against the backdrop of an erroneous mythology that the body parts of AwA have magic powers which could enhance electoral victory, guarantee bumper harvest, cure medical complications and bring riches. Indeed, many states have attempted to avert further abuse by arresting and prosecuting perpetrators. Yet, violations abound. By June 2020, more than 200 Africans with albinism have been killed in 30 African countries, and a disproportionate percentage has been subjected to abduction, rape and violent attacks. These atrocities question the effectiveness of existing (inter)national human rights mechanisms in safeguarding vulnerable populations from their attackers. Coincidentally, the day June 13 is significant as it marks the 5th Anniversary of the International Albinism Awareness Day (IAAD). While reminding us to combat different forms of discrimination faced by AwA, the day also starkly entreats us to survey the level of legal safeguard afforded this vulnerable community in the region. In a bid to forestall further attacks, the paper argues that while it may be vital for the international community to adopt an overarching binding legal instrument speaking to the protection of AwA, African countries should use the IAAD to reinforce information dissemination and awareness campaigns to destigmatize albinism in local communities.
{"title":"Targeted Killings: Assessing the Legal Contours for Protection of Africans with Albinism","authors":"B. Nkrumah","doi":"10.1163/17087384-12340067","DOIUrl":"https://doi.org/10.1163/17087384-12340067","url":null,"abstract":"\u0000As the world mourns and condemns the brutal death of George Floyd by police brutality, one cannot ignore, but reflect on similar atrocities committed against hundreds of Africans by virtue of their skin pigmentation. These victims are Africans with albinism (AwA). Widespread discrimination and targeted attacks against these individuals occur against the backdrop of an erroneous mythology that the body parts of AwA have magic powers which could enhance electoral victory, guarantee bumper harvest, cure medical complications and bring riches. Indeed, many states have attempted to avert further abuse by arresting and prosecuting perpetrators. Yet, violations abound. By June 2020, more than 200 Africans with albinism have been killed in 30 African countries, and a disproportionate percentage has been subjected to abduction, rape and violent attacks. These atrocities question the effectiveness of existing (inter)national human rights mechanisms in safeguarding vulnerable populations from their attackers. Coincidentally, the day June 13 is significant as it marks the 5th Anniversary of the International Albinism Awareness Day (IAAD). While reminding us to combat different forms of discrimination faced by AwA, the day also starkly entreats us to survey the level of legal safeguard afforded this vulnerable community in the region. In a bid to forestall further attacks, the paper argues that while it may be vital for the international community to adopt an overarching binding legal instrument speaking to the protection of AwA, African countries should use the IAAD to reinforce information dissemination and awareness campaigns to destigmatize albinism in local communities.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"1 1","pages":"1-20"},"PeriodicalIF":0.2,"publicationDate":"2020-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44160219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-08-04DOI: 10.1163/17087384-12340061
I. E. Nwafor, N. Nwafor, J. Alozie
Revenge pornography is the online distribution of sexually uncensored images or videos of another person without consent and to cause embarrassment or torment. Victims of revenge pornography suffer significant harm, including losing jobs and, in extreme cases, committing suicide. The public blames the victim for the role they played. Rather than victim-blaming, victims deserve a takedown order and criminal liability for uploaders of such images. This study adopts a doctrinal approach; it examines key statutes and their interpretation by Nigerian courts while juxtaposing it with the law and practice in the United Kingdom. The United Kingdom was undertaken as a case study because it has a developed jurisprudence which can provide lessons for Nigeria. This study found that the current state of laws in Nigeria is ill-equipped to tackle the menace of revenge pornography. The objective of this study is to offer insights on the prevalence of revenge pornography in Nigeria and suggest legal solutions to address this phenomenon. It canvasses for a non-consensual pornography provision that would criminalise the act of revenge pornography in Nigeria. It also makes a case for cyber-censorship of contents by internet service providers and the need for third-party liability.
{"title":"Revenge Pornography in Nigeria: A Call for Legal Response and Cyber-Censorship of Content by Internet Service Providers","authors":"I. E. Nwafor, N. Nwafor, J. Alozie","doi":"10.1163/17087384-12340061","DOIUrl":"https://doi.org/10.1163/17087384-12340061","url":null,"abstract":"\u0000Revenge pornography is the online distribution of sexually uncensored images or videos of another person without consent and to cause embarrassment or torment. Victims of revenge pornography suffer significant harm, including losing jobs and, in extreme cases, committing suicide. The public blames the victim for the role they played. Rather than victim-blaming, victims deserve a takedown order and criminal liability for uploaders of such images. This study adopts a doctrinal approach; it examines key statutes and their interpretation by Nigerian courts while juxtaposing it with the law and practice in the United Kingdom. The United Kingdom was undertaken as a case study because it has a developed jurisprudence which can provide lessons for Nigeria. This study found that the current state of laws in Nigeria is ill-equipped to tackle the menace of revenge pornography. The objective of this study is to offer insights on the prevalence of revenge pornography in Nigeria and suggest legal solutions to address this phenomenon. It canvasses for a non-consensual pornography provision that would criminalise the act of revenge pornography in Nigeria. It also makes a case for cyber-censorship of contents by internet service providers and the need for third-party liability.","PeriodicalId":41565,"journal":{"name":"African Journal of Legal Studies","volume":"1 1","pages":"1-27"},"PeriodicalIF":0.2,"publicationDate":"2020-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43697931","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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