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Author: John M. Mbaku
Publisher: Edward Elgar Publishing
ISBN: 1786438615
Category : Political Science
Languages : en
Pages : 419
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Book Description
In this enlightening book, John Mukum Mbaku analyses the main challenges of constitutional design and the construction of governance institutions in Africa today. He argues that the central issues are: providing each country with a constitutional order that is capable of successfully managing sectarian conflict and enhancing peaceful coexistence; protecting the rights of citizens ? including those of minorities; minimizing the monopolization of political space by the majority (to the detriment of minorities); and, effectively preventing government impunity. Mbaku offers a comprehensive analysis of various approaches to the management of diversity, and shows how these approaches can inform Africa?s struggle to promote peace and good governance. He explores in depth the existence of dysfunctional and anachronistic laws and institutions inherited from the colonial state, and the process through which laws and institutions are formulated or constructed, adopted, and amended. A close look at the constitutional experiences of the American Republic provides important lessons for constitutional design and constitutionalism in Africa. Additionally, comparative politics and comparative constitutional law also provide important lessons for the management of diversity in African countries. Mbaku recommends state reconstruction through constitutional design as a way for each African country to provide itself with laws and institutions that reflect the realities of each country, including the necessary mechanisms and tools for the protection of the rights of minorities. From students and scholars to NGOs, lawyers and policymakers, this unique and judicious book is an essential tool for all those seeking to understand and improve governance and development in Africa.
Author: John M. Mbaku
Publisher: Edward Elgar Publishing
ISBN: 1786438615
Category : Political Science
Languages : en
Pages : 419
Get Book Here
Book Description
In this enlightening book, John Mukum Mbaku analyses the main challenges of constitutional design and the construction of governance institutions in Africa today. He argues that the central issues are: providing each country with a constitutional order that is capable of successfully managing sectarian conflict and enhancing peaceful coexistence; protecting the rights of citizens ? including those of minorities; minimizing the monopolization of political space by the majority (to the detriment of minorities); and, effectively preventing government impunity. Mbaku offers a comprehensive analysis of various approaches to the management of diversity, and shows how these approaches can inform Africa?s struggle to promote peace and good governance. He explores in depth the existence of dysfunctional and anachronistic laws and institutions inherited from the colonial state, and the process through which laws and institutions are formulated or constructed, adopted, and amended. A close look at the constitutional experiences of the American Republic provides important lessons for constitutional design and constitutionalism in Africa. Additionally, comparative politics and comparative constitutional law also provide important lessons for the management of diversity in African countries. Mbaku recommends state reconstruction through constitutional design as a way for each African country to provide itself with laws and institutions that reflect the realities of each country, including the necessary mechanisms and tools for the protection of the rights of minorities. From students and scholars to NGOs, lawyers and policymakers, this unique and judicious book is an essential tool for all those seeking to understand and improve governance and development in Africa.
Author: Uyilawa Usuanlele
Publisher: Springer
ISBN: 3319506307
Category : History
Languages : en
Pages : 258
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Book Description
This book offers a thematic study of key debates in the history of the ethnic politics, democratic governance, and minority rights in Nigeria. Nigeria provides a framework for examining the central paradox in post-colonial nation building projects in Africa – the tension between majority rule and minority rights. The liberal democratic model on which most African states were founded at independence from colonial rule, and to which they continue to aspire, is founded on majority rule. It is also founded on the protection of the rights of minority groups to political participation, social inclusion and economic resources. Maintaining this tenuous balance between majority rule and minority rights has, in the decades since independence, become the key national question in many African countries, perhaps none more so than Nigeria. This volume explores these issues, focusing on four key themes as they relate to minority rights in Nigeria: ethnic and religious identities, nationalism and federalism, political crises and armed conflicts.
Author: United Nations
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 188
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Book Description
"The present guide offers information related to norms and mechanisms developed to protect the rights of persons belonging to national, ethnic, religious or linguistic minorities. It includes detailed information about procedures and forums in which minority issues may be raised to minorities and by also covering selected specialized agencies and regional mechanisms, the present Guide complements information contained in Working with the United Nations Human Rights Programme: A Handbook for Civil Society"--Introduction.
Author: Margot E. Salomon
Publisher: Minority Rights Group
ISBN: 190458425X
Category : Social Science
Languages : en
Pages : 132
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Book Description
In recent years, increased attention has been given to economic, social and cultural (ESC) rights internationally and, to a certain degree, domestically. However not enough has been done to consider fully and systematically the economic, social and cultural rights of minorities and indigenous peoples. This guide aims to bridge this gap. It provides an overview of ESC rights and how these can be applied to minorities and indigenous peoples. Aimed at minority and indigenous activists and those working with them, each chapter has been written by an expert on a particular right, who provides practical information and advice about the best ways to advocate for securing ESC rights. The chapters cover the rights to food and water, housing, health, education, labour and culture and describe the legal standards, enforcement mechanisms, and guidelines for successful civil society advocacy.
Author: Wairama G. Baker
Publisher: Minority Rights Group
ISBN:
Category : Political Science
Languages : en
Pages : 38
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Book Description
Author: James Suzman
Publisher: Minority Rights Group
ISBN: 1897693893
Category : Social Science
Languages : en
Pages : 40
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Book Description
Namibia is one of the youngest African states, having gained its independence in 1990 from South Africa. Since then, the South West African People’s Organization (SWAPO)-led government has attempted to heal the divisions of a 25-year liberation war, overcome inequalities, and govern to meet the needs of all of Namibia’s peoples. Despite its small population of just over 1.8 million, Namibia is home to at least 11 distinct language groups, comprised of numerous self-identifying communities. Roughly half the population are Owambo-speakers, who are closely linked to SWAPO. Herein lie some of the difficulties that are covered in this report. Minorities in Independent Namibia by James Suzman considers the extent to which SWAPO’s attempts at nation-building have favoured some communities over others. In a balanced study, the author documents the constitutional and legal safeguards for minorities in Namibia and discusses the government’s human rights record. The report covers many of Namibia’s ethnic minority communities and topical concerns, including the crackdown on secessionists in Caprivi, the potential impact on the Himba of a proposed dam on the Kunene River, the extreme marginality of the San, the role of traditional authorities and leaders, and women’s equality.
Author: Federica Prina
Publisher: Minority Rights Group
ISBN: 190791949X
Category : Social Science
Languages : en
Pages : 32
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Book Description
This report provides an overview of the present situation of minority and indigenous peoples’ rights in Russia. It examines the difficulties in the implementation of international mechanisms for minority and indigenous protection, with a focus on the Council of Europe’s Framework Convention on the Protection of National Minorities, although other international standards (emanating from the OSCE and United Nations) are also taken into account. In particular, the report considers the complexities in the participation of civil society in international monitoring mechanisms. Following an introduction and an overview of domestic and international legislation, the report provides: a) an overview of the main problems confronting minorities and indigenous peoples in Russia; and b) an outline of the factors affecting the implementation of international mechanisms on minority and indigenous protection. It ends with a series of recommendations to improve the participation, recognition and treatment of minorities and indigenous peoples in the country.
Author: Enyinna Nwauche
Publisher: Springer
ISBN: 3319572318
Category : Law
Languages : en
Pages : 234
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Book Description
This book evaluates the protection of traditional cultural expressions in Africa using South Africa, Kenya, Nigeria and Ghana as case study examples in the light of regional and international approaches in this respect. Such protection is considered in the context of a combination of positive protection models such as the protection offered by intellectual property rights and negative protection such as tangible heritage protection and authorisations by national competent authorities. These models are in turn assessed taking into consideration human and peoples’ rights frameworks, which recognise and affirm group entitlement to, among others, traditional cultural expressions. These frameworks ensure that such traditional cultural expressions are available for further innovation and creativity.
Author: Margot E. Salomon
Publisher: Minority Rights Group
ISBN: 1897693990
Category : Social Science
Languages : en
Pages : 76
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Book Description
The United Nations adopted the Declaration on the Right to Development in 1986. The Declaration recognizes that development is an inalienable human right, and describes development as a comprehensive process leading to the well-being of all people. All states are called upon to cooperate internationally and work nationally to ensure that this comprehensive process in which all human rights can be realized is undertaken without discrimination, and that all people may participate fully and equally in this process. This paper provides an elaboration of the content of the right to development by drawing on international law. It addresses the obligations of states, particularly with regard to international cooperation, and considers the application of obligations of conduct, as well as those of result, in giving this right meaning. This paper also details the rights of minorities and indigenous peoples and how they relate to the right to development. The creation of conditions that enable a state to develop will not necessarily lead to the realization of the right to development by the individuals within that state. Traditionally marginalized groups – notably, minorities and indigenous peoples – may not benefit from this development or may be harmed by it. Even where the right to development is being realized by the majority, the rights of minorities and indigenous peoples could be violated if the process undertaken does not take account of their rights. The authors discuss the need to have in place the standards to ensure that the protection and promotion of minority and indigenous rights are fully integrated into policies designed to fulfil the right to development. Written in cooperation with the UN Independent Expert on the right to development, this work builds on his contribution to the mandated objectives of the inter-state UN Working Group on the Right to Development. It provides an important contribution to the scope of rights and obligations in this area, and the implications that stem from them, particularly for minorities and indigenous peoples.
Author: M. Cherif Bassiouni
Publisher: BRILL
ISBN: 9004637745
Category : Law
Languages : en
Pages : 501
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Book Description
This book contains a collection of articles by authors from countries in Africa. The topics cover a wide range of issues in the administration of criminal justice and human rights. The different scholarly contributions facilitate a better understanding of certain aspects of the administration of criminal justice in the African sub-region and focus on specific human rights issues as they relate to international and African instruments on the protection of human rights.
