Irregular Migration by Sea: Contemporary Incidents in the Mare Nostrum – The Transition from State-Based Action to Humanitarian-Drive Regional Controls (Published)
Irregular sea migration has proven to be a popular means of escaping violence and armed conflict. Events after the Arab Spring in 2011 caused a lot of irregular sea migration over the Mediterranean to Europe. This created serious problems and concerns. The purpose of this research is to examine the rights of irregular sea migration in international law, constraints of states in accepting these irregular migrations and propose a solution to the problem. The paper identifies that the right to life is a fundamental legal provision that irregular sea migrants have. Therefore, it is imperative for all state and non-state actors to honor this. This can best be done by viewing the sea in a regional rather than national context. This way, states can unite and share the challenges of dealing with common issues within a regional context.
Democracy has been generally acclaimed as the best protector of human rights amongst all forms of government. In many democratic nations of the world this is evidential, but in Nigeria the story is different. Democratic government of Nigeria, with regard to the issue of human rights protection is not too different from military dictatorship. It has been observed and rightly too, that government agencies are the worst violators of human rights and tacitly backed by the government. This paper challenges the Nigerian government that was democratically elected to uphold her statutory and definitional responsibility of respecting, protecting and enhancing human rights of her citizens and punish decisively any abuses of human rights. The citizens also should not be complacent about this, they should protest legitimately against such violations bearing in mind that violation of their rights dehumanizes them which should not be the case.
Principle of separation of powers is reflected in albanian constitutional system. There are intense debates among constitutionalists about recent developments of this principle. Tripartite system of separation of powers lies in the prediction of independence of judiciary system. Independence of judiciary system is a legal requirement, a core principle of rule of law, a human right guaranteed by democratic constitutions all over the world and as well as a means to enjoy other human rights. Albanian Judiciary System has made limited progress toward independence and impartiality. Regarding legal framework, Albania adopted essential set of laws, even that there are some laws passed by legislative bodies which according to Constitutional Court Verdicts are unconstitutional and violate independence of judiciary system. Another debatable issue it is the composition of High Council of Justice, membership of President of Republic and Minister of Justice. Two parallel inspectorates as Inspectorate of Ministry of Justice and Inspectorate of High Council of Justice overlap each other competences and undermine judiciary independence and intimidate judges. The main research question is about the linkage between independence and impartiality judiciary system and human rights. Dealing with laws ensuring independence, as well as with some legal provisions violating it we will reach into important conclusions
Retrieving Sex Work from the Nigerian Court (Published)
The court of public opinion in the Nigerian state is greatly titled against women in sex work (prostitution). This position of the court of public opinion stemmed from the non recognition of sex work as legitimate work and the laws used in the governance of women. Again the consequence(s) of this position of the court of public opinion on sex work is for the trade to be driven underground thus being prone to human rights abuses. The human rights abuses suffered by women in sex work in Nigeria are in direct contradiction to the principles of the universal human rights declaration of 1948. The crux of matter is whether the Nigerian state and its agents especially when cognizance is given to the universal human declaration have the rights to disparaged women in sex work. Furthermore does the Nigerian “woman” have the right of going into sex work? The attempt to answering to these questions through this paper did inadvertently set the tone and direction for this paper thus the recommendations canvassed herein which includes the women having rights over her body and having the capacity to make rational choices.
Human Right Issues and Women’s Experiences on Demanding Their Rights in Their Communities: The Way Forward for Nigeria (Published)
The renaissance humanism era of the early modern period ushered in the belief that everyone, by virtue of his or her humanity is entitled to certain human rights. These rights therefore accrue to people by virtue of their humanity and some of these rights are so fundamental that violation of any of them attracts an action of enforcement by the aggrieved person. These rights are enshrined in Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria. The extent of the protection of these rights for some members of the Nigerian population especially women, remains uncertain, doubtful and a seeming mirage because its protective powers have been thwarted by long standing discriminatory and cultural norms and practices in relation to women. This paper will look at the violations and the precarious position of women in rights issues. It will also x-ray some experiences of women in quest of these rights in their communities. The paper will also proffer recommendations as a way forward.
CULTURAL RE-ENGINEERING: THE WAY OUT OF HUMAN RIGHTS SUBVERSION IN SUB SAHARAN AFRICA, NIGERIA A CASE STUDY (Published)
The importance of culture need not be over emphasized in the life of a community, as it is a sign of their identity. Cultural practices reflect the fundamental values of the community which are geared towards protecting members of the community. These practices are good where they fulfil these functions. But sometimes traditional cultural practices are harmful, with negative consequences, violating human rights. This work asserts that cultural belief is one of the major reasons why human rights are violated. The world is not stagnant, but continues to evolve. With new discoveries and philosophies, world’s systems change and the world adjusts to the demands of the changing times. Cultures and traditions are no exceptions. Cultural rites are human rights, insofar as they relate to and affect human beings. The aim of this work is to identify some of these harmful traditional cultural practices that violate human rights and suggest ways in which they can be re-engineered to bring cultural practices in consonance with the human rights system, within the traditional setting
In practical terms, religion and human rights are understood to be performing similar functions in respect of human development. The relationship between religion and human rights is on one side problematic and on the other, unavoidable in all parts of the world (as religion is a universal phenomenon). Broadly defined, religion involves what is sacred and transcends human knowledge. Human rights which seek to provide assorts of protection has also developed to received global attention. Human rights norms are inherently abstract ideals which depend on the visions and values of human communities to get its content and coherence. Traditional African concept of man emphasizes the spiritual dimension of human rights that must be heeded to. Western thought of ‘human rights’ seems to emphasise the ‘rights’ rather’ than the ‘human’. Human rights consist of two categories (human and rights) which need equal concentration. In view of this the paper explores the interaction of religious ideas and institutions in the wake to promote the rights of humans for sustainable development. Wherever religion appears to be a guiding principle in the lives of individuals and communities, it seems of obvious relevance to consider how it might be employed to further the course of equal rights for all. The paper objectively purports religion as an inherent condition of human lives which invariably provides the sources and scales of dignity and responsibility, respect and restitution that human rights need to survive and flourish
‘BABY FACTORIES’: A NEW PHASE OF HUMAN TRAFFICKING AND HUMAN RIGHTS VIOLATION IN NIGERIA (Review Completed - Accepted)
Recent developments in Nigeria has witnessed a different form of human trafficking as a violation of human rights. While the crusade against human trafficking and violation of human rights is gaining ground and yielding positive results in Nigeria, there emerges another form of trafficking and slavery called ‘baby factories’ through the use of deceit, undue-influence, kidnapping and abduction et cetera, by unlawful incarceration of pregnant young/teenage girls or getting them pregnant for the purpose of giving birth to babies for sale or other purposes. This paper discovers that this illicit trade is further aggravating the incidence of trafficking and human rights violation in Nigeria. It is further discovered that the operation of ‘baby factories’ brings along with it the commission of other crimes and further worsen the effects of human trafficking and slavery as violations of inalienable rights. The paper concludes that unless necessary steps are taken immediately to completely abolish the practice of ‘baby factories’ in Nigeria, the practice will be on the increase as it is attracting income to the perpetrators of this illicit act. In the final analysis, we recommend ways of tackling human trafficking in general and specifically, the menace of the emerging ‘baby factories’ in Nigeria, including both legislative and executive interventions.
Rule of Law and Good Governance in Bangladesh: Does Judicial Control Matter? (Review Completed - Accepted)
The aim of this paper is to evaluate the role of judicial activism as an instrument of judicial control in establishing rule of law and its impact on good governance in Bangladesh. Judicial activism is one of the effective and proactive mechanisms in protecting various aspects of human rights such as- fundamental rights, equal rights of human being, life, liberty and properties, equal opportunity of employment, rights of sound environment and overall protection of public or national interest. All those are the basis of rule of law and good governance of a country. The major findings of the paper are: rule of law is one of the most crucial elements of good governance and judiciary is a very vital institution of government to establish rule of law in a country. Judicial activism is such an approach, where, there is no need to file a writ by the affected person directly. Any legally conscious person or organization has the right to writ on behalf of affected rights or public interest. It has also found that the role of NGOs or human rights defender organizations is crucial for adjudicating public interest litigation to promote and protect individual rights as well as to uphold the spirit of rule of law. In Bangladesh, most of the PIL cases are filled by human rights defenders organizations (e.g.: BELA, BLAST and ASK) and some other NGOs. Apart from this, delay and log jam of cases is another crucial problem of Bangladesh judiciary which appears in few cases of this paper. This is one of the major impediments of fair and speedy justice delivery, which ultimately creates room for more corruption and violation of human rights in Bangladesh
Guarantees the Protection of the Rights of Syrian Refugees in Jordan (Review Completed - Accepted)
Forced migration of the Syrians is one of the major international challenges today and lies at the heart of the basic concepts of humanity and equality. War, conflict, environmental disasters and human are forced the individuals to move in search of safety and stability. This research defines international and regional systems, and the standards for the protection of refugees from the legal perspectives, and theoretical and practical.
Also this research analyzes private protective mechanisms such as supplementary protection or temporary escalating challenges for the protection of refugees caused by the increasing mixed migration of Syrians to Jordan and are analyzing the links between human rights law and humanitarian law and refugee law in the views of States’ compliance with its legal and ethical obligations, Which gives the three durable solutions for refugees (repatriation, local integration and resettlement) special attention and express some of the major challenges presented by each and every one of them.
This research Shows challenges of complex emergencies, which discuss flows collective responses as developed by the international community to provide humanitarian aid effective, such as the “Group Policy”. And explains the critical importance of the approach of the refugee population as groups heterogeneous with different needs and resources, and discusses the approach to identify and respond to the needs of special protection for vulnerable individuals within the community.
Keywords: Human Rights, International Committee of the Red Cross (ICRC), International Criminal Court (ICC, Protection Guarantees, Syrian Refugees, The Private International protection, The United Nations High Commissioner for the Refugees (UNHCR), The public International protection
Is Capital Punishment Acceptable (Review Completed - Accepted)
Even after entering the twenty first century, we read about capital punishment in newspapers. Is it acceptable or not? This is one of the most controversial issues in current legal system. Our judicial system is how much fair? Is it true that though there are may be a connection between justice and punishment it is the hidden hand of the powerful which moves the sword? Is not capital punishment purely a subjective matter? Capital punishment cannot be justified from either the material or spiritual point of view. If we look at it from the materialistic point of view then death is the end of everything. The criminal actually suffers more if he is given life sentence. He does not actually have to bear physical captivity nor does he have to suffer from physiological stress till the end of his days. On the other hand hanging releases him from pain and suffering far more quickly.
Globalisation, Nepad, Fundamental Human Rights, South African and Continental Development (Published)
This paper emanates from the authors’ interests in the value of globalisation and human rights and interrogates and explores the theme of economic globalisation in Africa. In exploring globalisation and its impacts the issues are how to tackle the challenges of globalisation and international trade, and how we can ensure domestic growth and development in South Africa and the continent. The focus of analysis is the literature that was reviewed. It demonstrates that while globalisation facilitates growth and prosperity for developed nations, it prejudices Africa’s poor. There is an increasing belief that economic globalisation increases inequality as well as poverty in the world. The clear pauperisation of many nations, especially African nations, continues, and it appears as if there are no alternatives, even when indigenous governments are considered to be in full control of their national affairs and NEPAD is involved. The effect of the role of NEPAD in African development is questionable. A human rights approach is non-negotiable and the challenges posed by international trade, including the positive and negative, cannot be ignored if Africa is to rise from its poor past. One of the main issues is how to tackle the challenges of globalisation and international trade, and how we can ensure domestic growth and development in South Africa, for example. Economic globalisation has resulted in a “race to the bottom” in terms of workers’ rights, wages, environmental standards, and child labour. The findings indicate that, ultimately, the nations of Africa that will be successful will be those which are willing to make and take informed decisions concerning their own affairs that are grounded on their own unique realities and strategic objectives for growth, and not those of external players.