Corruption and Human Rights Law in Africa

Corruption and Human Rights Law in Africa PDF

Author: Kolawole Olaniyan

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 442

ISBN-13: 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 PDF

Author: Charles M. Fombad

Publisher: Oxford University Press

Published: 2020-03-12

Total Pages: 560

ISBN-13: 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.

Ownership of Proceeds of Corruption in International Law

Ownership of Proceeds of Corruption in International Law PDF

Author: Kolawole Olaniyan

Publisher: Oxford University Press

Published: 2023-11-21

Total Pages: 401

ISBN-13: 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 Human Rights Law in Africa

International Human Rights Law in Africa PDF

Author: Frans Viljoen

Publisher: Oxford University Press on Demand

Published: 2012-03-29

Total Pages: 661

ISBN-13: 0199645582

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Providing a comprehensive and analytical overview of human rights in Africa, this book deals particularly with the African regional system of human rights protection. Among the issues it explores are poverty, HIV AIDS, and the tension between international standards and national implementation.

Combating Corruption

Combating Corruption PDF

Author: John Hatchard

Publisher: Edward Elgar Publishing

Published: 2014-01-01

Total Pages: 413

ISBN-13: 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

Human Rights Law in Africa, Volume 4 (1999)

Human Rights Law in Africa, Volume 4 (1999) PDF

Author: Christof Heyns

Publisher: BRILL

Published: 2021-11-15

Total Pages: 632

ISBN-13: 9004503048

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A wide range of topics is covered for the first time in this volume, including resolutions of various OAU bodies in respect of human rights; the relevant provisions of the treaties establishing sub-regional inter-governmental organisations; and the founding documents of national human rights institutions in Africa.

Governance, Human Rights, and Political Transformation in Africa

Governance, Human Rights, and Political Transformation in Africa PDF

Author: Michael Addaney

Publisher: Springer Nature

Published: 2019-11-19

Total Pages: 433

ISBN-13: 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.

Corruption & Human Rights

Corruption & Human Rights PDF

Author: Martine Boersma

Publisher:

Published: 2010

Total Pages: 0

ISBN-13: 9789400000858

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This book offers the reader a broader view of the human rights approach towards combating corruption - including the arguments of those who oppose this approach - while it also considers how corruption may violate individual civil, political, economic, social and cultural human rights.

The African Court of Justice and Human and Peoples' Rights in Context

The African Court of Justice and Human and Peoples' Rights in Context PDF

Author: Charles C. Jalloh

Publisher: Cambridge University Press

Published: 2019-05-16

Total Pages: 1199

ISBN-13: 110842273X

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This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

Human Rights under the African Charter

Human Rights under the African Charter PDF

Author: Allwell Uwazuruike

Publisher: Springer Nature

Published: 2020-02-29

Total Pages: 229

ISBN-13: 3030417395

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This book critically examines the civil, political, socioeconomic, and group rights protected under the African Charter and its Protocol on women’s rights. It then examines the institutional protection of these rights through the African Commission and African Court. The book builds on the concept of regionalism within Africa and the recent drive for finding “African solutions to African problems” by tracing the development of human rights within Africa and assessing the effectiveness of Africa’s core regional human rights institutions. In turn, it critically analyses the obstacles to the full implementation of human rights in Africa such as the lack of political will, jurisdictional issues, lack of resources and funding, poverty, illiteracy, corruption, and customary practices that violate human rights. In closing, the book discusses possible solutions to these problems.