Author: Joseph Geng Akech
Assistant Professor of Law, University of Juba, and independent researcher in human rights & constitutional designs
Early this year, Yach Garang, political science PhD student at the University of Juba authored a blog piece asking ‘will South Sudan be ready for its first democratic elections come 2023?’ According to him, certain benchmarks are critical for South Sudan’s democratic election readiness. These include security stabilisation, enactment of electoral laws, adoption of a new constitution and conduct of population census. While I agree with his ‘benchmarks’, I contend that South Sudan may not be ready for elections, but it is imperative to note that democracy cannot wait for a perfect environment.
This piece, therefore, is addressing those to whom the democratic future of the country remains a priority.
The transitional national legislature is to be transformed into a constituent assembly to adopt the ‘permanent’ constitution of South Sudan, but what does this mean?Posted: 25 October, 2021
Author: Joseph Geng Akech
South Sudanese human rights lawyer and LLD candidate, University of Pretoria, South Africa
The Republic of South Sudan embarked on its ‘permanent’ constitution building process which is a critical part of the peace process. The Revitalised Agreement on the Resolution of Conflict in the Republic of South Sudan (R-ARCSS) puts forward mechanisms and institutions for achieving such ambition. These institutions include the Constitutional Drafting Committee (CDC), National Constitutional Review Commission (NCRC), Preparatory Sub-Committee, National Constitutional Conference (NCC) and the reconstituted transitional national legislature (Council of States and Transitional National Legislative Assembly) acting as a constituent assembly. The R-ARCSS establishes the above institutions with varying powers and degree of influence on the constitution building process.
This article focuses on the role of the reconstituted national legislature – bicameral chambers composed of Council of States and Transitional National Legislative Assembly. According to the R-ARCSS, these two houses of parliament are to be transformed into a Constituent Assembly to adopt, in a joint session, the Draft Constitutional Text passed by the National Constitutional Conference.
Author: Abasiodiong Ubong Udoakpan
LLM Candidate, Olabisi Onabanjo University, Nigeria
The Budget as one important economic policy instrument at the disposal of the Government is key to the attainment of the economic prosperity of the people. However, the gap between its initiation and full implementation to attain economic prosperity has been of serious concern to researchers and Nigerians alike. It is one thing to propose a budget and another to implement the proposed budget to the extent that it attains the goals of economic growth and development. In recent times, the focus on the budget has assumed greater prominence because of increasing democratisation, civil society participation and the desire to respond to developmental challenges of poverty.
Authors: Enguday Meskele Ashine & Omotunde Enigbokan
Ethiopia held its national election on 21 June 2021. Internally displaced persons (IDPs) participated in the national election by casting their votes at their place of displacement for their respective constituency of origin through absentee ballot procedure. In certain areas, the government of Ethiopia took special measures such as providing logistic and security safeguard in order to enable IDPs to cast their vote.
The Ethiopian Human Rights Commission (EHRC) played a pivotal role in ensuring that IDPs participated in the national election, through engaging civic societies that advocated for the voting rights of IDPs. Furthermore, the EHRC prepared the Human Rights Agenda for Election 2021. This Agenda ‘calls upon political parties to address human rights protection of vulnerable groups including IDPs in their manifesto.’ In addition, the Commission advocated for electoral participation of IDPs by disseminating explanatory materials on IDPs and election, by conducting election monitoring focusing on IDPs’ participation in the national election and by conducting stakeholder’s discussions highlighting the significance of IDPs’ inclusion in the national election.’
Making policy changes on the domestic level: a critical exposition of the Convention of the Rights of Persons with Disabilities (CRPD)Posted: 9 February, 2021
Author: Oludayo Olufowobi
Law student, University of Lagos
Fifteen percent of the world population experience some form of disability, with between 110 million and 190 million people experiencing significant disabilities. Persons with disabilities are more susceptible to experiencing more adverse socio-economic or living conditions compared to others. The Convention on the Rights of Persons with Disabilities (CRPD) aims to bridge this gap. At the domestic level, persons with disabilities are most times subjected to live as second-class citizens. Discriminatory practices in our society and deficits in inclusive infrastructure exacerbate this problem. It is against this premise that this article seeks to explore the peculiarities of the Nigerian landscape, taking into account its plaguing insecurity, infrastructural deficits, and lapses in the protection of the human rights of persons with disabilities. There is a focus on the Discrimination Against Persons with Disabilities (Prohibition Act) 2018 vis-a-vis the government’s quest to realise the objectives of the CRPD.
Tax treatment of gains on the sale of assets in the extractive sector in DRC: A much-needed mix of human rights, sustainable development and legal certaintyPosted: 23 July, 2018
Author: Eric Ntini Kasoko
Prospective Independent Tax Advisor; Researcher
The extractive industry consists of operations of exploration and/or exploitation of nonrenewable natural resources, especially gas, petroleum and mining operations. A distinction is to be made between the hydrocarbon sector (which comprises petroleum and gas activities) and the non-hydrocarbon sector (which relates to mining activities). Mineral-rich countries may choose to enact an all-encompassing piece of legislation to regulate both sectors. They may also opt for two or even three different pieces of legislation, each designed to regulate a specific sector.
Author: Prof Rochelle le Roux
Director of the Institute of Development and Labour Law; Professor in the Faculty of Law, University of Cape Town (UCT)
Most employers and employees have a broad understanding that the fairness of a dismissal rests on both a substantive and a procedural leg.
On the one hand, substantive unfairness, in broad strokes, suggests that an employee who should not have been dismissed, had been dismissed.
The legislature had chosen to express substantive fairness with reference to the employee’s misconduct or incapacity and the operational requirements of the employer. A dismissal for the latter reason is often referred to as retrenchment.
On the other hand, procedural unfairness implies that the employee had not been given an opportunity to be heard by the employer before the dismissal was affected. There is at least one practical reason for distinguishing between procedural and substantive fairness: when a dismissal is unfair only because the employer did not follow a fair procedure, the competent remedy is generally only payment of compensation and not reinstatement as would be the case when the dismissal is either substantively, or both substantively and procedurally, unfair.