Constitutional challenges to cryptocurrencies regulation in the Central African Republic
Posted: 2 May, 2023 Filed under: Rimdolmsom Jonathan Kabré | Tags: Bank of Central African States, CEMAC, Central African Economic and Monetary Community, Central African Republic, citizenship, constitutional implications, constitutional provisions, cryptocurrencies, e-residence, Law n°22.004 governing cryptocurrency in the Central African Republic, regulatory acts, Sango Coins Leave a comment
Author: Rimdolmsom Jonathan Kabré
Postdoctoral researcher, Centre for Human Rights, University of Pretoria
In my previous blog, I argued that the “CAR rushed to legislate cryptocurrencies without creating the ecosystem in which they should operate and ensuring that the country was ready for such a shift to cryptocurrencies. Therefore, many challenges still need to be addressed not only at the national level but also at the regional level”. I mainly highlighted the lack of infrastructure at the national level and discussed the challenges to regional integration since the CAR is a member of the Central African Economic and Monetary Community (CEMAC) which has entrusted the ‘exclusive privilege of monetary issue on the territory of each member state of the monetary union’ to the Bank of Central African States (BEAC). On 20 July 2022, this question was examined during the extraordinary session of the Board of Directors of the BEAC which encouraged the Central Bank to continue actions in favor of financial inclusion and the modernization of its infrastructure as well as the reflection aimed at creating a central bank digital currency.
The 2016 Zambia presidential election petition: How not to handle election petitions
Posted: 16 September, 2016 Filed under: Owiso Owiso | Tags: Africa, amendment, Constitution of Kenya 2010, Constitution of Zambia, Constitutional Court of Zambia, constitutional provisions, Edgar Chagwa Lungu, elections, Hakainde Hichilema, legislative drafting, president-elect, presidential election petition, Zambia 5 Comments
Author: Owiso Owiso
LLB – Nairobi, PGD Law – KSL
If the drama that was Hakainde Hichilema v Edgar Chagwa Lungu (2016/CC/0031) has any lessons for the continent, it is how not to adjudicate upon a presidential election petition. Three judges of the court effectively succeeded in making an unfortunate mockery of their bench and risking the otherwise good image Zambia’s electoral process has enjoyed for a few decades now. We should, however, not be too quick to cast aspersions on the court and the learned judges. In order to understand what transpired in the Constitutional Court of Zambia, we have to look at the relevant legal provisions guiding presidential election petitions.
Economic, Social and Cultural Rights under the 1999 Constitution of the Federal Republic of Nigeria and the enforceability problem
Posted: 8 July, 2016 Filed under: Olika Daniel Godson | Tags: Africa, African Charter on Human and Peoples' Rights, Apex Court, constitution, constitutional provisions, economic, enforceability, enforcement, human rights, International Covenant on Economic Social and Cultural Rights, law, legislation, litigation, Nigeria, Supreme Court 4 Comments
Author: Olika Daniel Godson
Student (LLB) Faculty of Law, University of Lagos
The 1999 Constitution of the Federal Republic of Nigeria (hereinafter referred to as the “Constitution”) provides for economic, social and cultural rights in rather grand and lofty terms in form of the Fundamental Objectives and Directive Principles of State Policy in Chapter II of the Constitution. These rights are however denied enforceability under the Constitution as it prefers to see them as goals and objectives which the Government is to strive to attain. This denial of enforceability of these rights contained in this Chapter of the Constitution poses a major problem to human rights activism in the Country, as the specific rights contained in that Chapter of the Constitution are worthy of enforcement in this age and time. Some of those rights include; cultural, labour, economic, political, environmental and educational rights. It therefore comes, now and again, to the fore that some of these rights are not being enforced in the country. This article attempts to analyse the enforceability problem and address some strategies for enforcement.
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