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Corruption and Human Rights Law in Africa

Corruption and Human Rights Law in Africa
Author: Kolawole Olaniyan
Publisher: Bloomsbury Publishing
Total Pages: 442
Release: 2014-12-01
Genre: Law
ISBN: 1782254528

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This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.


Corruption and Constitutionalism in Africa

Corruption and Constitutionalism in Africa
Author: Charles M. Fombad
Publisher: Oxford University Press
Total Pages: 560
Release: 2020-03-12
Genre: Law
ISBN: 019259768X

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This collection of essays to focuses on the critical issue of corruption that lies at the heart of the crisis of constitutionalism in Africa. Most anti-corruption measures over the years have been inadequate, serving merely as symbolic gestures to give the impression something is being done. The African Union's declaration of 2018 as the 'African anti-corruption year', belated though it be, is an open recognition by African governments of the impact corruption will have on the continent unless urgent steps are taken. The key objective of this volume is to draw attention to the problem of corruption, the complexity of the situation, with all its multi-faceted social, political, economic and legal dimensions, and the need for remedial action.


Combating Corruption

Combating Corruption
Author: John Hatchard
Publisher: Edward Elgar Publishing
Total Pages: 413
Release: 2014-01-01
Genre: Law
ISBN: 1781004374

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John Hatchard considers the need for good governance, accountability and integrity in both the public and private sector. He studies how these issues are reflected in both the African Union Convention on Preventing and Combating Corruption and the Unit


A Multidimensional Perspective on Corruption in Africa

A Multidimensional Perspective on Corruption in Africa
Author: Sunday Bobai Agang
Publisher: Cambridge Scholars Publishing
Total Pages: 424
Release: 2019-11-15
Genre: Law
ISBN: 1527543544

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This book brings together a number of African anti-corruption policy makers from across different academic disciplines, religions, and generations. It engages in processes of economic, social, and political transformation to eliminate poverty and inequity, through individual and institutional means. Through historical and contemporary perspectives on authority structures, institutionalised myths, beliefs, and rituals of authority, the volume explores how to correctly mobilise and influence citizens’ behaviour and attitudes towards accountability, transparency and probity, all of which are key to strengthening national integrity systems all over Africa, and are needed for equity and sustainable development. The book strongly advocates that corruption is everybody’s business. All the chapters in some way commemorate the inaugural anti-corruption year of the African Union in 2018 by interrogating how mechanisms to eliminate inequity and poverty can be built in Africa.


Governance, Human Rights, and Political Transformation in Africa

Governance, Human Rights, and Political Transformation in Africa
Author: Michael Addaney
Publisher: Springer Nature
Total Pages: 433
Release: 2019-11-19
Genre: Political Science
ISBN: 3030270491

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This edited volume examines the development and challenges of governance, democracy, and human rights in Africa. It analyzes the emerging challenges for strengthening good governance in the region and explores issues related to civil, political, economic, cultural, and social rights highlighting group rights including women, girls, and other minority groups. The project presents a useful study of the democratization processes and normative developments in Africa exploring challenges in the form of corruption, conflict, political violence, and their subsequent impact on populations. The contributors appraise the implementation gap between law and practice and the need for institutional reform to build strong and robust mechanisms at the domestic, regional, and international levels.


Ownership of Proceeds of Corruption in International Law

Ownership of Proceeds of Corruption in International Law
Author: Kolawole Olaniyan
Publisher: Oxford University Press
Total Pages: 401
Release: 2023-11-21
Genre: Law
ISBN: 0192693778

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Recovery of proceeds deriving from corruption is now increasingly recognized as a principle of contemporary international law. However, people's sovereign and ownership rights over their wealth and natural resources have remained more theoretical than real, especially in the global fight against corruption. As a result, the populations of victim-states often cannot hold their governments accountable for misusing proceeds of corruption, and do not benefit from the recovery, repatriation, management, and use of returned proceeds. In the first comprehensive study on the issue, Kolawole Olaniyan challenges the conventional notion that sovereign and ownership rights over wealth and natural resources - and by extension, the proceeds of corruption - should be exclusively exercised by states. Olaniyan's Ownership of Proceeds of Corruption in International Law examines the relationship between the right to wealth and natural resources, proceeds of corruption, and economic activities. Focusing on victims of corruption, the book argues that victim-states' populations ought to be empowered to pursue grand corruption and asset recovery actions against their governments. It proposes theoretical and legal remedies for recovering proceeds of corruption, encouraging the development of domestic laws.


International Law and Domestic Human Rights Litigation in Africa

International Law and Domestic Human Rights Litigation in Africa
Author: Magnus Killander
Publisher: PULP
Total Pages: 261
Release: 2010
Genre: Human rights
ISBN: 0986985724

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"African civil law countries are traditionally described as monist and common law countries as dualist. This book illustrates that the monism-dualism dichotomy is too simplistic, in particular in the field of human rights. Academics and practitioners from across the continent illustrate how domestic courts in Africa have engaged with international human rights law to interpret or fill gaps in national bills of rights. The authors also consider the challenges encountered in increasing the use of international human rights law by African domestic courts."--Back cover.


Human Rights, the Rule of Law, and Development in Africa

Human Rights, the Rule of Law, and Development in Africa
Author: Paul Tiyambe Zeleza
Publisher: University of Pennsylvania Press
Total Pages: 309
Release: 2011-06-07
Genre: Political Science
ISBN: 0812204514

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Changes in human rights environments in Africa over the past decade have been facilitated by astounding political transformations: the rise of mass movements and revolts driven by democratic and developmentalist ideals, as well as mass murder and poverty perpetuated by desperate regimes and discredited global agencies. Human Rights, the Rule of Law, and Development in Africa seeks to make sense of human rights in Africa through the lens of its triumphs and tragedies, its uneven developments and complex demands. The volume makes a significant contribution to the debate about the connections between the protection of human rights and the pursuit of economic development by interrogating the paradigms, politics, and practices of human rights in Africa. Throughout, the essays emphasize that democratic and human rights regimes are products of concrete social struggles, not simply textual or legal discourses. Including some of Africa's leading scholars, jurists, and human rights activists, contributors to the volume diverge from Western theories of African democratization by rejecting the continental view of an Africa blighted by failure, disease, and economic malaise. It argues instead that Africa has strengthened and shaped international law, such as the right to self-determination, inspired by the process of decolonization, and the definition of the refugee. Insisting on the holistic view that human rights are as much about economic and social rights as they are about civil and political rights, the contributors offer novel analyses of African conceptions, experiences, and aspirations of human rights which manifest themselves in complex global, regional, and local idioms. Further, they explore the varied constructions of human rights in African and Western discourses and the roles played by states and NGOs in promoting or subverting human rights. Combining academic analysis with social concern, intellectual discourse with civic engagement, and scholarly research with institution building, this is a compelling and original approach to the question whether externally inspired solutions to African human rights issues have validity in a postcolonial world.