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Volume IV: Prosecutor v. Sesay, Kallon and Gbao (The RUF Case) (Set of 3)
The Special Court for Sierra Leone was established through signature of a bilateral treaty between the United Nations and the Government of Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. It has tried various persons, including former Liberian President Charles Ghankay Taylor, for serious violations of international humanitarian law committed during the latter half of the Sierra Leonean armed conflict. It completed its work in December 2013. A new Residual Special Court for Sierra Leone, based in Freetown and with offices in The Hague, has been created to carry out its essential “residual” functions.
This volume, which consists of three books and a CD-ROM and is edited by two legal experts on the Sierra Leone Court, completes the set of edited Law Reports started in 2012. Together, the Law Reports fill the gap of a single and authoritative reference source of the tribunal’s jurisprudence. The law reports are intended for national and international judges, lawyers, academics, students and other researchers as well as transitional justice practitioners in courts, tribunals and truth commissions, and anyone seeking an accurate record of the trials conducted by the Special Court for Sierra Leone.

N.B.: The hardback copy of this title contains a CD-ROM with the decisions that are reproduced in the book and the trial transcripts.
The e-book version does not.

Abstract

The study investigated the role of international trade in economic performance in Tanzania for the post reform period, from 1980 to 2018. International trade is measured by disaggregated imports and exports while economic performance is measured by GDP growth. Exports are disaggregated into manufactured goods and non-manufactured goods while imports are disaggregated into capital goods and intermediate goods. To obtain robust non-spurious regression results, Dickey-Fuller (D-F) and Phillips-Peron (PP) Unit Root tests were performed. Johansen Co-integration tests were employed to investigate long-run relationships between export, imports and economic growth. The Johansen test suggested a long-run relationship between international trade and its components and economic development. In addition, the Error Correction Model (ECM) results further supported a long-run relationship between international trade and economic growth in Tanzania. This calls for further opening of the economy and further liberalisation of trade restrictions.

In: The African Review

Abstract

This paper discusses the political power dynamics over land between the state and traditional leadership in relation to issues surrounding the Malawi new land laws of 2016 (i.e., land reforms). The passing of new land bills in parliament represented one of the most contentious political issues in the country between the state and traditional leadership. From a political perspective, the paper takes this disagreement over land policy between traditional leadership and the state as a clash between two sources of power with land reform being merely a platform. Using the land reform process therefore, the paper examines how these sources of power were applied. The paper therefore contributes to the existing debate of the relationship between state and traditional leadership in the modern era. The findings are derived from a qualitative research through key informant interviews with selected traditional leaders, government officials, members of parliament, Civil Society activists and academics. The findings confirm what the literature says that land reform is basically a highly politicized process. Another important finding is that the current political factors show that the land reform process will ultimately be in favour of traditional leadership’s interest. The paper argues that both formal and informal powers are used by government and chiefs as they influence each other regarding which reforms to be adopted bearing mind that the interests of these players are embedded the institutional design of the same reforms.

In: The African Review
Author: Fritz Biveridge

Abstract

This article is a report of an archaeological investigation of the Laloi East Molluscs Site at Kpone, Greater Accra Region, Ghana. Although radiometric dates for this shell midden are currently unavailable, we believe that Laloi East dates to the Later Stone Age. If so, this site would be one of only two LSA sites in Ghana found and excavated along the coast rather than in the forested interior. This article examines shellfish exploitation and other major subsistence strategies of the population that settled the site in the past. The principal cultural materials recovered from the excavations comprised large quantities of molluscs’ remains belonging to a variety of species, other faunal remains, pottery, palm kernel nuts, charcoal, stone slabs, and lithic tools. The combined evidence indicates that molluscs’ exploitation was the principal subsistence strategy of the settlers, undertaken alongside hunting, trapping, herding and the gathering of edible botanical resources such as palm fruits.

In: Journal of African Archaeology

Abstract

Non-formal apprenticeship opportunities have a clear record of effectiveness, as evidenced by several research studies. After completing short-term vocational training, apprentices demonstrate the required vocational skills. How is learning constructed in a non-formal learning process? What forms of interaction are developed? What are the determinants of the effectiveness demonstrated by apprentices?

This article answers these questions by analysing data from a survey that evaluates the elements of the training context and the level of skills acquired by apprentices. It shows that there is great flexibility in the organisation and techniques of learning, as well as permanent interdependence between apprentices, which facilitates the co-construction of skills.

In: Afrika Focus

Abstract

Several programmes by government and non-governmental organisations aimed at improving maternal health in many sub-Saharan African nations have not achieved significant results. Use of traditional maternal care services has been identified as still prevalent and thus a possible factor. This study investigated determinants of use of traditional birth services (tbs s) among patrons in tbs-inclined communities of Nigeria and Ghana. A total of 180 and 160 patrons of tbs s were selected from the respective countries, using a multi-stage procedure. The most utilised tbs s include home delivery, concoctions/herbs and family planning. Educational level, constraints to using conventional services, income, and perceived social and economic advantages significantly influenced utilisation. Patrons in Nigeria had better perceived relative advantages of tbs than Ghana, while the accessibility of conventional maternal services, performance rating and overall utilisation of tbs s did not differ significantly between the two countries. Social bonds and economic status were the main reasons for continued patronage of tbs s.

In: Afrika Focus

Abstract

Mauritius won its first victory when the “tribunal constituted under Annex vii of the United Nations Convention on the Law of the Sea” delivered its award “in the matter of the Chagos Marine Protected Area (mpa) Arbitration, between the Republic of Mauritius and the United Kingdom”. The award declared that the mpa established around Chagos by the United Kingdom was against international law. However, the decision desired by both Mauritius and the Chagossians is found in the dissenting opinion, which is, as a matter of law, non-binding. The dissenting opinion is to the effect that the tribunal had jurisdiction to consider the issue of sovereignty over Chagos and that if such issue was considered, Mauritius had a strong case for winning back sovereignty over Chagos. This article aims to make the dissenting opinions more widely known and reflect on the legal value of such opinions, alongside their high political and moral value and relevance to Mauritius and the Chagossians.

In: Afrika Focus
In: Afrika Focus

Abstract

The financial sustainability of microfinance institutions (mfi s) is crucial if their benefits are to be enjoyed in the long run. This study investigated the determinants of mfi s’ financial sustainability at growth stage. The study aimed to address the following questions: are factors influencing financial sustainability at maturity equally important at growth stage? What influence do lending terms have on financial sustainability at growth stage? The study used panel regression models and four-year survey data from 106 rural mfi s in Tanzania. Decomposition of lending types was adopted to unveil the contribution of lending terms to financial sustainability. We found that most factors influencing financial sustainability at maturity stage are equally important in influencing sustainability at growth stage. In addition, two factors appear to affect financial sustainability at growth stage only. Moreover, lending terms matter in determining financial sustainability at growth stage. The study provides insights on how lending terms can be used to influence financial sustainability at growth stage.

In: Afrika Focus

Abstract

For the last two decades, scholars within the dominant, largely Western, approaches to democratic consolidation have considered the consolidation of democracy in sub-Saharan Africa to be stymied, if not impossible. Drawing on the various models of this democratic consolidation, this article seeks to examine whether African (and Latin American) democracies have really failed to meet all the necessary criteria of democratic consolidation, or whether the measures and/or application of the dominant approaches are methodologically flawed in their application to non-Western cases. The case study analysis suggests that while Senegal has sufficiently met the ‘alternation of power’ requirement as well as demonstrating significant deepening of democracy, it has failed to maintain low levels of governmental corruption – a necessary criterion for consolidation according to the dominant approaches. Moreover, given their contagion effect, larger regional instabilities pose a significant threat to the country’s democratic survivability. However, as the case study analysis suggests, while these factors remain a matter of concern, when comparisons are drawn with countries such as Italy, Greece and Spain, they may not be as crucial in explaining why Senegal and other new democracies are not considered consolidated democracies as they may initially seem.

In: Afrika Focus