This book examines the existing counter-terrorism laws and practices in the six-member East African Community (EAC) as it applies to a range of law enforcement and military activities under various international legal obligations. Dr. Christopher E. Bailey provides a comparative examination of existing national law for EAC countries, including compliance with obligations under international human rights and international humanitarian law, and offers a range of legal reform recommendations. This book addresses two primary, related research questions: To what extent do the current national counter-terrorism laws and practices of the EAC Partner States comply with existing international human rights safeguards? What laws or practices can the EAC adopt to achieve better compliance with human rights safeguards in both civilian and military counter-terrorism operations?
INTRODUCTION The historical development of the EastAfrican Community (EAC) can be traced back to 1967 when the Permanent Tripartite Commission for EastAfrican Co-operation was first created. In 1977 the Commission collapsed due to political differences. Upon the dissolution of the Commission
Contrary to popular belief, there is a vast body of law dealing with human rights in Africa in existence today. The first priority at the moment is consequently not the adoption of new norms, or the creation of even more structures, the most immediate challenge lies in making the existing structures work and ensuring compliance with the norms already accepted by African societies. Access to the relevant material constitutes a necessary precondition for any other gains in this field. The aim of this reference work is, therefore, to make African human rights law accessible to all those involved in or interested in human rights law on the continent, in order to strengthen its impact. Primary documents are introduced and reproduced and presented in a coherent framework. The main institutions - public and private - dealing with human rights in Africa are identified and discussed. Comprehensive overviews of the international human rights legal regimes applicable to Africa, as well as country reports are provided. Access to this body of law will enable judges, practicing lawyers, academics and other researchers, as well as law reformers, NGOs, activists and students, to both ascertain and assert these rights. It will also serve to ensure the development of a stronger indigenous African human rights jurisprudence, rooted in local experience, history, culture and practices. This book consequently tries to contribute towards documenting, systemising and anchoring the African human rights system. This publication replaces and updates the earlier
Human Rights Law in Africa Series, which appeared on an annual basis from 1996 to 1999.
In order to make the publication accessible in Africa, the Centre for Human Rights and the Raoul Wallenberg Institute in Sweden have undertaken a targeted distribution campaign on the continent.
Navi Pillay is a modern icon in the world’s efforts to protect humanity through international law and policy. She played a leading role in the multi-national operation to clean up the humanitarian dross left on the essence of modern civilization by the Rwandan Genocide of 1994. Her contributions in that effort were in virtue of her role as a judge—and, eventually, as the President—of the International Criminal Tribunal for Rwanda. From there, she went on to serve as one of the first appeal judges at the newly established International Criminal Court—another international endeavour aimed at protecting humanity through law. In time, she was fittingly appointed the United Nations High Commissioner for Human Rights, just ahead of a call to honour her with a book of essays in international law and policy, for the contributions that she had already made in the international enterprise of protecting humanity.
Pillay, some of the modern legends and experts in international law and policy have, in this volume, shared their experiences and thoughts on how better to protect humanity in our time. In the book, we read the wise words of Nobel laureates and other envoys of peace, renowned international judges and famous scholars, as well as those of energetic younger minds with great promise.
Refugee law faces a serious crisis in Europe. This crisis highlights the need to explain the following questions: What is the relationship between refugee law and immigration policy? How much immigration do States need to tolerate for moral and practical reasons even if they do not wish any immigration?
The general legal principle of necessity offers a useful theoretical basis for refugee law. Necessity explains the conditions under which it would be unfair to fight off unwanted immigrants by deportation and punishment. Necessity also explains the conditions under which a restrictive immigration policy is not feasible at a reasonable cost versus desperate individuals. It follows that necessity overrules a restrictive immigration policy and qualifies as a robust explanation of the purpose of a fair refugee policy.
This study explores the consequences of the theory of necessity for the interpretation of key concepts of refugee law (persecution, well-founded fear, reasons of persecution, asylum) and concludes that a generous refugee practice can be conceived and logically justified even if a restrictive immigration policy is a political reality.
, the 1955 EastAfrican Royal Commission Report ( earcr ) marked a significant turning point in the land tenure regimes and the system of customary land tenure in British EastAfrican countries, including Uganda,
through championing land privatisation. According to the Report, customary land
, at 535. 105
See for e.g ., Bryan A. Garner, Black’s Law Dictionary , Ninth Edition (West Group, St. Pauls, MI, 1999), at 345. 106
unjy , 2003, at 533; also discussed in , Schermers and Blokker, supra note 82, at 533–534. 107
See EastAfrican Court of Justice, Council of Ministers of
sexes and promotes fertility; it is intended to remove any vestige of masculinity in women and young girls. 5 Contrary to received thinking, female circumcision is not specific to the Muslim community: 6 it is also practised by EastAfrican Christians, and indeed has been since the times before Islam
Policy and Law 6. See also Kenya National Commission on Human Rights and the Open Society Initiative for EastAfrica, ‘How to Implement Art 12 of Convention on the Rights of Persons with Disabilities Regarding Legal Capacity in Kenya: A Briefing Paper’ (2013) 15 < http://www.knchr.org/Portals/0