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1
Khayundi, Francis Bulimo Mapati. « The Kenya National Human Rights Commission and the promotion, protection and monitoring of socio-economic rights in Kenya ». Thesis, Rhodes University, 2018. http://hdl.handle.net/10962/60413.
Texte intégralRésumé :
The promulgation of the 2010 Constitution of Kenya introduced socio-economic rights (SERs) amid widespread poverty and rising inequality. This study seeks to answer the overarching question, what role can the Kenya National Commission on Human Rights (KNCHR) play in promoting, protecting and monitoring SERs in Kenya? Further research questions included whether the KNCHR has the requisite powers to perform its mandate and what lessons could be learned from the South African context. The research sought to understand how the local context affects the ability of KNCHR to carry out its mandate. Likewise, it analyses some of the contributions KNCHR has made in the promotion and protection of SERs while identifying the challenges the Commission faces in carrying out its mandate. Several methodologies were utilised to answer the research questions above. The methodologies included the doctrinal method, analysis of secondary sources and interviews with key informants. A comparative legal research methodology was also employed, with the SAHRC being used as a case study on how NHRIs can promote, protect and monitor SERs. The findings from the research argue that the Paris Principles provide the minimum guidelines on the establishment of NHRIs. Compliance with these Principles has not necessarily guaranteed the effectives of NHRIs. Any assessment of an NHRI should be based on its performance and legitimacy considering the local factors obtaining within its jurisdiction. The domestic protection and judicial enforcement of human rights in Kenya, though crucial to the realisation of SERs, has been fraught with challenges. These challenges have meant that the realisation of SERs has been curtailed and necessitated complementary institutions for human rights to be realised. Given the country’s constitutional architecture, the KNCHR was one such institution that could complement the role of the judiciary given its wide mandate. With SERs a new feature of the 2010 Constitution, the KNCHR had to find ways to promote SERs in the country considering the local peculiarities such as poverty, a highly political climate and lack of political goodwill from the legislature and executive sometime characterised by open hostility. These challenges and the new nature of these rights called for a comparative study with the SAHRC given some similarities between the two jurisdictions. The SAHRC provided valuable lessons having had more experience in dealing with SERs while navigating similar challenges the KNCHR faced or might face. The findings of the research prompted recommendations directed at the KNCHR and other stakeholders, specifically the legislature and executive on how to address the challenges curtailing the performance of the KNCHR in general and particularly ways in which the Commission could go about in promoting, protecting and monitoring SERs.
2
Wachira, George Mukundi. « Vindicating indigenous peoples' land rights in Kenya ». Thesis, Pretoria : [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-01212009-162305/.
Texte intégral
3
Sutton, Nikeeta Louise Joan. « Statelessness and the rights of Children in Kenya and South Africa : A Human Rights Perspective ». University of the Western Cape, 2018. http://hdl.handle.net/11394/6517.
Texte intégralRésumé :
Magister Legum - LLMStateless children and those at risk of becoming stateless has been an ongoing issue both on a domestic level as well as internationally. In many African countries children face discriminatory and arbitrary nationality laws as a result of which they are not registered and granted citizenship in their country of birth or where they are found or undocumented. Thus, children continue to be stateless and will not be able to register their own children once they become parents. As a result, this creates an issue of transgenerational statelessness which will continue indefinitely and as such, requires attention and action both on a domestic and international level as a matter of urgency. While laws have been enacted in the aim to protect stateless children or children at risk of becoming stateless, the lack of guidelines in the implementation thereof creates a difficulty for children to acquire a nationality. States in this regard have the responsibility to create mechanisms to facilitate the implementation of laws especially when dealing with vulnerable groups such as stateless children.
4
Feeley, Maureen Catherine. « Transnational movements, human rights and democracy legal mobilization strategies and majoritarian constraints in Kenya, 1982-2002 / ». Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC campuses, 2006. http://wwwlib.umi.com/cr/ucsd/fullcit?p3220378.
Texte intégralRésumé :
Thesis (Ph. D.)--University of California, San Diego, 2006.Title from first page of PDF file (viewed September 8, 2006). Available via ProQuest Digital Dissertations. Vita. Includes bibliographical references (p. 675-701).
5
Lekakeny, Ruth Nekura. « The elusive justice for women : a critical analysis of rape law and practice in Kenya ». Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15207.
Texte intégralRésumé :
This thesis seeks to uncover the challenges encountered by women and girl victims of rape in seeking recourse through the criminal justice system in Kenya. To do this I focus on their experiences in three major points of service provision, i.e. the police, the health facilities and the courts. I then explore, as a secondary research question, whether an integrated service provision approach provides solutions to these challenges. Article 48 of the Constitution of Kenya provides that 'The state shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice'27 This obligation places a tall order on the state and all its agents to ensure that anyone in pursuit of justice should access it with the minimum obstacles.
6
Akoth, Stephen Ouma. « Human Rights Modernities : Practices of Luo Councils of Elders in Contemporary Western Kenya ». Thesis, University of the Western Cape, 2013. http://hdl.handle.net/11394/3976.
Texte intégralRésumé :
Philosophiae Doctor - PhDThis dissertation is ethnography of human rights discourse in postcolonial Kenya. It situates itself in the inexorable rise of the application of International Human Rights Law witnessed in the 21st century. For this reason, many contemporary observers refer to this period as an ‘era of Human Rights’. With an ethnographic account centred primarily in Luo Nyanza, western Kenya, the dissertation seeks to open up questions about the practice of Human Rights by reference not to their philosophical origin but their practical manifestations. It conceptualizes Human Rights as a discourse of ongoing conversations of ‘multiple realities’ thus resulting to an empirical rather than ideological account of manifestations of personhoods and modernities. It is a study of the production of human rights that journeys in particular contexts and moments but conscious enough not to be circumscribed by its specific location. With this strategy, the dissertation is based on some sort of dialogue. On the one hand is a notion of Human Rights as rooted in Western enligthmenent discourse which one can describe as a Eurocentric perspective visible through the International Human Rights Instruments promulgated by the United Nations (UN) and its agencies and the other a perspective common among a section of Luo people of western Kenya visible through chike, kido and kwero that are articulated and safeguarded by Luo Councils of Elders. In suggesting the distinction between ‘the Western’ and ‘the Luo’ notions of personhood, the researcher is aware that both frameworks are manifestly plural and ‘intercivilizational’ in their conceptualization
7
Maina, Mary Wairimu. « ‘The right to the city’ for marginalised communities through water and sanitation service projects ». Thesis, Cape Peninsula University of Technology, 2017. http://hdl.handle.net/20.500.11838/2642.
Texte intégralRésumé :
Thesis (DTech (Design))--Cape Peninsula University of Technology, 2017.The introduction of water service programmes has significantly improved the delivery of Water and Sanitation Services to marginalised communities in Kenya. Since the implementation of the Kenya Water Act of 2002, enacted policies have resulted in communal ablution blocks and water kiosks in some of the more densely populated settlements. In the development of service provision programmes to improve access to water and sanitation, the social and cultural implications have yet to be addressed. To better understand the partnerships between the marginalised community and the political agencies that ensure improved allocation of resources, community participation should be addressed in the emerging water governance. The right to water is a key clause in the new constitution of Kenya and although this is a laudable recognition of citizens’ rights to basic services, this constitutional clause is yet to be fully implemented. The exclusion of social practices followed by marginalised communities results in limits in the promotion and implemention water and sanitation projects. The resulting lack of water and sanitation services decreases the internal capacities of community members and inhibits development. A natural and finite resource such as water, often taken for granted by most, is the foundation to improved places in a community. These places reflect social relations within the given society and provide a platform for interaction. When this engagement occurs, meaning in both physical and social boundaries between different communities that emerge, can help assert agency to marginalised groups. While a programme is used to define a space by regulating through building codes and standards, a community’s role is validated by the inclusiveness of the design process. Therefore the resultant project allows for a sense of agency to be built, while boosting interaction through learning programmes, to improve civic duties in the society. These aspects are crucial for development and can be achieved using allocation of basic services like water and sanitation. Grounded Theory is used to analyse the interviews from the respondents and it concerns itself with the meanings attributed to steps within processes. This approach is applicable when meanings attributed to macro-level explanations and micro-level activities need to be uncovered. The interviews conducted for this study are analysed line-by-line coding and memo writing. The data is used as a narrative of distinct processes in both marginalised communities and political agencies. Using the model of an agent the study illustrates the process of agency that highlights the role of marginalised communities in participatory approches toward equitable access to water and sanitaion services. The cases approached in this study further articulate the processes used by political agencies to engage in community participatory approaches. Though these participatory approaches were seen to be more inclusive than previous service delivery approaches, gaps emerged in the study that are addressed in the relationship matrix. This model distinguishes the differences in the production of space through Water and Sanitation Service programs, and the creation of place in implemented projects. By aligning these two aspects of the production of space when applied to marginalised settings helps in understanding the context prior to the implementation of WSS development programmes. This recognition of the role that marginalised communities play in socioeconomic development can improve programmes and projects aimed at providing water and sanitation services. This access is important to marginalised groups which are disadvantaged, because of a difference in their practices. By understanding the social practices around the use, management and safeguarding of water and sanitation projects, community members can begin to attach cultural value to their water resources. This has implications for the sustainability of the projects and their replicability. Therefore social practices, and by extension culture, influence the concept and design of programmes to enable access to water and sanitation resources, especially to marginalised groups in society.
8
Okurut, Emmanuel. « Preventing human rights violations by law enforcement during counterterrorism operations in Kenya and Uganda ». Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/64630.
Texte intégralRésumé :
The problem of terrorism has escalated over the past two decades and has continuously posed a challenge to global peace and security. While the major terrorist organizations like ISIS and al-Qaeda have devastated the Middle East, Europe and the United States, the East African region has not been an exception to the influence of radical Islamist terrorist groups. Kenya and Uganda have particularly been targeted by al-Shabaab, a Somali based Islamist terrorist group that has sworn allegiance to al-Qaeda. These attacks have mainly been in response to the deployment of military troops under the AU’s peace-keeping mission in Somalia (AMISOM. In addition to the threat by al-Shabaab, the two countries have also battled internal home-grown terrorist organizations that have threatened the peace and security of their respective homelands.
In response to the threat of terrorism and its impact on the various institutions, the international community adopted the United Nations Global Counter-Terrorism Strategy to fight against terrorism in order to preserve peace and security. These counterterrorism measures also contain safeguards that are designed to ensure that states do not unjustifiably infringe on human rights. The African region under the African Union has also adopted counterterrorism measures under the OAU Terrorism Convention and numerous other instruments which tackle the problem of terrorism in great detail.
Kenya and Uganda have been vulnerable to terrorist attacks and have adopted some interventions including the adoption of counterterrorism legislation and reinforcing law enforcement to be able to respond better to the threat of terrorism. Kenya enacted its Prevention of Terrorism Act in 2012 while Uganda’s Anti-Terrorism Act was passed in 2002. There are a number of legitimate counterterrorism measures within these pieces of legislation for example the criminalization of terrorism and terrorist organizations. However, there is a danger that some of these interventions may unlawfully erode fundamental human rights and freedoms. This is particularly true for their counterterrorism police and security agencies which usually conduct their operations in secret with no clear channels of accountability. This poses a challenge for any effective form of review because most of such operations are protected as state secrets. The thesis examined the extent to which counterterrorism legislation and policy affects the enjoyment of human rights. The analysis showed that there were some significant deficiencies in the counterterrorism legislation of Kenya and Uganda. The most prominent challenges were the lack of supervision and review of exercise of discretion by law enforcement during counterterrorism operations, and weak accountability frameworks. In this regard, the thesis recommends the immediate codification of the Joint Anti-Terrorism Taskforce of Uganda; the amendment of the Uganda Police Act to take into account proportionality in the use of force by law enforcement; the amendment of the Anti-Terrorism Act of Uganda to remove the unfettered discretion of a security officer; and the inclusion of the right to silence and the right to apply for release from unlawful custody in Uganda’s Constitution.
A closer look at the practice of counterterrorism agencies also reveals a pattern of gross violation of human rights and disregard for the rule of law. Such unlawful conduct also violates the principles of democracy that require public officials to be accountable for actions taken in their official capacity. In an effective democracy, public officials are appointed by the authority of the public and they serve the collective interests of the society at large. In addition, there are certain law enforcement accountability mechanisms that are established in order to ensure the efficiency, professionalism and discipline of the police forces. While most of these accountability mechanisms are carefully thought out and drafted, they are not always implemented in practice. Nevertheless, they constitute a potential avenue for the prevention of abuse of human rights during counterterrorism operations. In order to improve the overall effectiveness and accountability of the police forces, the thesis recommends freeing the police from undue influence of the executive branch of government; exercising accountability before, during and after counterterrorism assignments; education of law enforcement officials in the protection and promotion of human rights; and improving the living and working conditions of members of law enforcement in order to prevent unprofessionalism.Thesis (LLD)--University of Pretoria, 2017.
Centre for Human Rights
LLD
Unrestricted
9
Doya, Nanima Robert. « The legal status of evidence obtained through human rights violations in Uganda ». Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/4925.
Texte intégralRésumé :
Magister Legum - LLMThe Constitution 1995 of the Republic of Uganda is silent on how to admit evidence obtained through human rights violations in Uganda. The decided cases are inconsistent in the way courts have dealt with this evidence. This research establishes how jurisdictions like South Africa, Canada, Kenya, Zimbabwe and Hong Kong deal with evidence obtained as a result of human rights violations. It establishes the position of international law on evidence obtained through human rights violations. The research then employs the comparative study to establish the status of evidence obtained through human rights violations in Uganda. This study helps in the improvement of the practice of evaluating evidence in courts, by providing recommendations to policy makers and judicial officers in the criminal justice system on how to handle evidence at the pretrial stages in order to greatly attempt to contain the consequences of this evidence.
10
Khayundi, Francis Mapati Bulimo. « The effects of climate change on the realisation of the right to adequate food in Kenya ». Thesis, Rhodes University, 2012. http://hdl.handle.net/10962/d1003190.
Texte intégralRésumé :
This thesis examines the interplay between the effects of climate change and human rights. It seeks to interrogate the contribution of human rights in addressing the effects of climate change on the enjoyment of the right to food in Kenya. Climate change has been recognised as a human rights issue. Despite this acknowledgement, many states are yet to deal with climate change as a growing threat to the realisation of human rights. The situation is made worse by the glacial pace in securing a binding legal agreement to tackle climate change. The thesis also reveals that despite their seemingly disparate and disconnected nature, both the human rights and climate change regimes seek to achieve the same goal albeit in different ways. The thesis argues that a considerable portion of the Kenyan population has not been able to enjoy the right to food as a result of droughts and floods. It adopts the view that, with the effects of climate change being evident, the frequency and magnitude of droughts and floods has increased with far reaching consequences on the right to food. Measures by the Kenyan government to address the food situation have always been knee jerk and inadequate in nature. This is despite the fact that Kenya is a signatory to a number of human rights instruments that deal with the right to food. With the promulgation of a new Constitution with a justiciable right to food, there is a need for the Kenyan government to meet its human rights obligations. This thesis concludes by suggesting ways in which the right to food can be applied in order to address some of the effects of climate change. It argues that by adopting a human rights approach to the right to food, the State will have to adopt measures that take into consideration the impacts of climate change. Furthermore, the State is under an obligation to engage in activities that will not contribute to climate change and negatively affect the right.
11
John-Langba, Vivian Nasaka. « The role of national human rights institutions in promoting and protecting the rights of refugees : the case of South Africa and Kenya ». Doctoral thesis, University of Cape Town, 2020. http://hdl.handle.net/11427/32499.
Texte intégralRésumé :
The apparent normative and implementation gaps within the international refugee protection regime suggest the need to reform its implementation and accountability processes. Increasingly, the focus is being shifted to local or domestic actors to attempt to address the challenges faced in realising refugee rights effectively. Among the key domestic accountability actors for the realisation of rights, are national human rights institutions (NHRIs). NHRIs are considered a bridge between the international and domestic human rights systems. NHRIs act as entities that facilitate the diffusion of international human rights norms and standards, including those with respect to refugee rights, into the national spheres. Notwithstanding this, there is paucity in empirical evidence within the refugee rights discourse on the role that NHRIs can play to promote the effective realisation of refugee rights. This study explores the role that NHRIs in South Africa and Kenya play in promoting and protecting refugee rights. It utilises a non-doctrinal and qualitative research approach, to examine the extent to which the NHRIs engage with refugee rights and to explore their capacity to do so effectively. It situates NHRIs within the nexus between international human rights law and international refugee law to frame the understanding for their role within the refugee protection regime. The findings indicate that the NHRIs in South Africa and Kenya that are compliant with the Paris Principles display significant engagement with refugee rights promotion and protection. As accountability mechanisms, they have contributed to the development and implementation of domestic refugee law and policy in accordance with international norms and standards. This has occurred despite the lack of an explicit refugee rights' promotion and protection mandate, but they face barriers and challenges. Various underlying factors that impede their effectiveness to address refugee rights were identified. These included the sociopolitical contexts within which they operate, capacity constraints and invisibility within the refugee protection regime. The socio-political challenges included xenophobia and the securitisation of the asylum space. These compounded organisational and operational weaknesses such as scarce specialist skills in refugee law, limited financial resources, and the absence of strategic and sustained partnerships for refugee rights protection. The overall absence of norms for NHRI engagement with refugee rights was identified as a contributory factor for the lack of a coherent approach for promoting and protecting these rights. Possible avenues to enhance NHRI engagement with refugee rights were identified. For instance, NHRIs building partnerships for refugee rights promotion and protection with CSOs, the UNHCR and regional institutions based on a clear understanding of an NHRI's role as accountability mechanisms. For NHRIs, the imperative lies in building their capacity to address refugee rights to ensure a clear understanding of what the promotion and protection of these rights entails.
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Ichim, Irina E. « "I am my brother's keeper" : the politics of protecting human rights defenders at risk in Kenya ». Thesis, University of York, 2017. http://etheses.whiterose.ac.uk/20506/.
Texte intégralRésumé :
In this study, I examine the protection of human rights defenders as a contemporary form of human rights practice in Kenya, within a broader socio-political and economic framework, that includes histories of activism in Kenya. By doing so, I seek to explore how the protection regime, a globally defined set of norms and institutions increasingly located in the Global South, becomes embedded in a specific setting, and how it is used by relevant stakeholders. Conversely, by drawing on rich empirical data from a given context, I aim to nuance existing theoretical thinking about protection, and to tease out the implications for the broader political and economic processes in which the protection regime is inscribed. By drawing on two years of ethnographic research in Kenya, I show that institutionalized protection as an extension of professional human rights can be counterproductive for the goals of the protection regime, but also for those of human rights more broadly conceived. Firstly, institutionalised protection entrenches pre-existing power relationships between professional activists and grassroots defenders across a class and socio-economic divide. Secondly, relevant actors at times resist this setting by appropriating the protection regime for purposes other than those it was intended for. Finally, the ensuing tensions risk eroding the human rights movement rather than strengthening it. This study provides a critique of recent processes of professionalization by contextualizing them within wider histories of oppression and struggle. Additionally, it shows how economics, power and politics matter within locations (rather than just across the Global/South divide). In doing so, it provides a nuanced assessment of the protection regime as the human rights movement’s primary response to reprisals against civic space across the globe. Finally, this study also adds to the growing body of scholarly work that investigates the effects that human rights and related norms and practices have in social life.
13
Nyaundi, Kennedy Monchere. « How does the implementation of counter terrorism measures impact on human rights in Kenya and Uganda ? » Doctoral thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12912.
Texte intégralRésumé :
Includes bibliographical references.This thesis explores the impact of counter terrorism measures on human rights in Kenya and Uganda. It identifies terrorism as a global problem and reviews its common features. It recognises that the human cost of terrorism has been felt in virtually every corner of the world. It analyses the nature and scope of trends of terrorist activities in Kenya and Uganda, offers possible reasons for the increase of incidents of terror and considers the challenges in combating terrorism in these countries. The thesis outlines the fundamental freedoms that are most commonly engaged in the fight against terrorism and describes states’ obligations in respect of those rights. It recognises that a significant effect of terrorist activity is the tendency to pit security against human rights. It demonstrates that legislation intended to strengthen anti terrorism efforts raise serious concerns in relation to international and domestic human rights law. The thesis investigated one central concern: How does the implementation of counter terrorism measures impact on human rights in Kenya and Uganda? To answer this question, the study sought to investigate several related questions: In the enforcement of counter terrorism measures, is it possible for governments to play by the constraints of the rule of law? Is freedom during times of emergency as important as during peacetime? Is it possible and practical to observe art 4 of the ICCPR in the war against terrorism or should a lower threshold be established?
14
Obura, Ken Otieno. « Combating corruption while respecting human rights : a critical study of the non-conviction based assets recovery mechanism in Kenya and South Africa ». Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1013159.
Texte intégralRésumé :
The thesis contributes to the search for sound anti-corruption laws and practices that are effective and fair. It argues for the respect for human rights in the crafting and implementation of anti-corruption laws as a requisite for successful control of corruption. The basis for this argument is threefold: First, human rights provide a framework for checking against abuse of state’s police power, an abuse which if allowed to take root, would make the fight against corruption lose its legitimacy in the eye of the people. Second, human rights ensure that the interest of individuals is catered for in the crafting of anti-corruption laws and practices thereby denying perpetrators of corruption legal excuses that can be exploited to delay or frustrate corruption cases in the courts of law. Third, human rights provide a useful framework for balancing competing interests in the area of corruption control – it enables society to craft measures that fulfils the public interest in the eradication of corruption while concomitantly assuring the competing public interest in the protection of individual members’ liberties – a condition that is necessary if the support of the holders of these competing interests is to be enlisted and fostered in the fight against corruption. The thesis focuses on the study of the non-conviction based assets recovery mechanism, a mechanism that allows the state to apply a procedure lacking in criminal law safeguards to address criminal behaviour. The mechanism is thus beset with avenues for abuse, which if unchecked could have debilitating effects not only to individual liberties but also to the long term legitimacy of the fight against corruption. In this regard, the thesis examines how the human rights framework has been used in Kenya and South Africa to check on the potential dangers of the non-conviction based mechanism and to provide for a proportional balance between the imperative of corruption control and the guarantee against arbitrary deprivation of property. The aim is to unravel the benefits of respecting human rights in the fight against corruption in general and in the non-conviction based assets recovery in particular. Kenya and South Africa are chosen for study because they provide two models of non-conviction based mechanisms with different levels of safeguards, for comparative consideration.
15
Waris, Attiya. « The freedom of the right to religion of minorities : a comparative case study between Kenya and Egypt ». Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1121.
Texte intégralRésumé :
"Every country has religious minorities. Any study of religious minorities and the protections afforded to them must also examine the significance of minorities per se. Minorities have no internationally accepted definition. Definitions are either broad and with little specificity or narrow and exclusive. Generally, two trends with regard to minority rights can be observed. On the one hand, in many countries, a comprehensive system of the legal protection of minorities has been introduced. Here the biggest problems stem from the difference between formal and informal rights. On the other hand, a number of countries have not legally committed themselves to the protection of minorities; ranging from inadequate safeguards to non-recognition of the minority. National minorities have received broad, although not well-differentiated, reporting in the international media and attention in international organisations and its impact on the discourse on religious rights have been minimal. However, minority religious rights have featured less significantly on the public agenda. The implications of the status of national minorities and religious groups are that many minorities believe that the majority group generally receive privileged status in state structures, while the minorities are viewed with suspicion. The issue of religious representation and safeguards arose within the Constitution of the Republic of Kenya ("Kenyan Constitution") where there is a recently concluded Constitutional Review Commission that had the Christian majority object to the "excessive protection" being granted to the Muslim minority. There was a huge debate as to the extent of inclusion of Sharia in the resultant draft constitution as well as the protection of fundamental principles of human rights and Islam. The question thus arises, should one apply Sharia or enshrine it in the constitution of a country, or will this involve overprotection that may lead to long-term exploitation of the law by the minority. The Arab Republic of Egypt ("Egypt") and the Republic of Kenya ("Kenya") have been chosen as case studies as they are interesting reflections of the development of states in Africa: Kenya with a Muslim minority maintaining a hold on the application of Islamic law where there is a Christian majority, while in Egypt the Copt and Shia Muslim populations are trying to assimilate into the state. Sharia is of imporance both to Kenya and Egypt. In Egypt the entire legal system is premised on the constitutional provision that Sharia is the principle source of law, thus some religious minorities in Egypt look for ways to maintain their identity and circumvent the application of Sharia provisions. Kenya, with a Muslim religious minority, is grappling with the concept of Sharia and how far it should apply to Muslims in a country. Thus these two countries have an inverse mirror image problem of each other as between the two major world religouns, Christianity and Islam. ... Chapter one sets out the content of the research, identifies the problem and applies the methodology. Chapter two discusses the international and regional law on religious minorities with a regional emphasis on African and the Arab region. Chapter three discusses the Islamic law on religious minorities, both Muslim minorities in non-Muslim states and non-Muslim minorities in Muslim states. Chapter four will focus on case studies comparing the protection accorded to the Muslims in Kenya with the Copts in Egypt, and analysing the extent to which Kenya and Egpyt have complied with international and regional law. Chapter five will set out recommendations and conclusions." -- Introduction.Prepared under the supervision of Dr. Naz Modirzadeh at the Department of Political Sciences, School of Humanities and Social Sciences, The American University in Cairo, Egypt
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Press, Robert M. « Establishing a culture of resistance the struggle for human rights and democracy in authoritarian kenya 1987-2002 / ». [Gainesville, Fla.] : University of Florida, 2004. http://purl.fcla.edu/fcla/etd/UFE0003820.
Texte intégral
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Skatka, Lisa. « Getting to zero - or just empty promises : A study of Kenya's AIDS Strategic Framework from a Human Rights perspective ». Thesis, Linnéuniversitetet, Institutionen för samhällsstudier (SS), 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-49488.
Texte intégralRésumé :
This bachelor thesis has been conducted after having personally observed and becoming interested in the HIV response in Kenya. The aim of the study is to assess the capability of Kenya’s AIDS Strategic Framework (KASF) based on Susan James perspective on rights as enforceable claims. It will do so by answering the question; ”what understanding of humans right to highest attainable standard of health is expressed in KASF? In order to do so, James’ conditions and circumstances have served as the foundation to an abductive study which seek to assess KASF from a different perspective. ! The study is primarily based on Kenya’s AIDS Strategic Framework (KASF) and Susan James’ (2003) article “Rights as enforceable claims”. The results and conclusions are reinforced by the use of other supporting documents to KASF and official reports and surveys. ! The results presented in this qualitative study of KASF concludes that some community groups are portrayed as stronger claim-holders than others, with some groups almost being excluded. Furthermore, this thesis establishes that the access to the highest attainable health is hindered by obligation-holders own emotional dispositions as well as institutional limitations.
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Ndambo, Dennis Mutua. « The Use of International Human Rights Law by Superior National Courts : A Comparative Study of Kenya and South Africa ». Thesis, University of Pretoria, 2020. http://hdl.handle.net/2263/77169.
Texte intégralRésumé :
The practice of domestic courts continues to present challenges for understanding the relationship between international law and municipal law. Whereas constitutions increasingly contain more or less similar provisions on international law, the subsequent use of international law by domestic courts varies from traditional doctrinal approaches. This divergence by domestic courts is attributable to the fact that domestic and international courts/tribunals are engaged in exchanging ideas and formulating similar decisions on diverse substantive law issues out of a sense of common judicial identity and enterprise. Due to the multitude of actors and the complexity of the relationships involved, the traditional monism-dualism doctrines do not accurately reflect current practice. Rather, this process is better termed as transnational judicial dialogue. Through transnational judicial dialogue, domestic courts collectively engage in the co-constitutive process of creating and shaping international legal norms and, in turn, ensuring that those norms shape and inform domestic norms. This study analyzes decisions of the superior courts of Kenya and South Africa in order understand the manner in which the courts receive, interpret and re-formulate international legal norms. It is clear that the domestic courts are not mere conduits for the reception of international legal norms into the domestic legal order but that they act as mediators between the international and domestic legal norms. This study also attempts to demonstrate that transnational judicial dialogue may provide normative guidance for the relationship between international law and national law in the domestic legal order.Thesis (LLD)--University of Pretoria, 2020.
Centre for Human Rights
LLD
Unrestricted
19
Stjärneblad, Sebastian. « The Regional Prosecution Model between Kenya and the European Union : Implications on International Criminal Law ? » Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23524.
Texte intégralRésumé :
Modern piracy has escalated outside the coast of Somalia and in the Gulf of Aden. In order to bring suspected pirates and alleged armed robbers to justice, the European Union has entered into a regional prosecution model with Kenya. In this study I examine if the regional prosecution model between Kenya and the European Union may have any implications on international criminal law by specifically analyzing the Kenyan jurisdiction to try piracy suspects and the right to fair trial in Kenyan criminal proceedings of piracy suspects. By using a legal method, this study offers some clarity regarding Kenya’s jurisdictional basis to prosecute piracy suspects, as well as, to what extent they respect the right to a fair trial in its criminal proceedings of alleged pirates. In addition, the legal analysis demonstrates that international criminal law may be undermined and subjected to mistrust. Furthermore, the legal analysis also offers indications on a normative development of the Security Council in relation to its role in bringing perpetrators of international crimes to justice.
20
Theuri, Naomi. « Indicators of NGOs Success & ; Impacts on NGOs Role in HIV Policy Process in Kenya ». Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21798.
Texte intégralRésumé :
NGOs have been actively involved in both global and national policy processes resulting to promotion of human rights. However, NGOs involvement in policy process heavily depends on their success, since policy makers choose to engage only successful NGOs. In determining whether NGOs are successful, indicators of NGO success should be evident in their operations. This thesis focuses on three indicators of NGOs success namely, sufficient resources, embeddedness in the community and an already established success in the country where NGOs are geographically located, with an aim to show that successful NGOs have a role in policy process, and such NGOs promote enjoyment of rights such as right to health and freedom from discrimination. The indicators are related to each other and are equally important for an NGO to gain success. Therefore, indicators of NGOs success have great impact on NGOs success that has an impact on NGOs role in policy process.
21
Onsongo, Francis Omweri. « Fertility decline among Abagusii women : the application of an adapted proximate determinants model ». Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1019924.
Texte intégralRésumé :
The primary objective of this thesis is to account for the fertility decline among Abagusii women in South-western Kenya. The motivation behind the study was based on the fact that the fertility trends associated with this group of people had not been studied before. This is surprising because the Abagusii recorded one of the world's highest total fertility rates of 10.4 in 1979 (Omosa 1994; Osiemo 1986; Oucho 1990), but has also experienced significant fertility decline. The total fertility rate in 2004 stood at 4.7, (Anyara 2009). The analytical framework that is adopted is Stover's (1998) adaptation of the Bongaarts et. al. (1984) Proximate Determinants Model. These determinants such as contraceptive use, post-partum insusceptibility, sexual activity, abortion and sterility represent behavioural and biological variables that affect fertility directly. The manner in which they are employed involves using the index which indicates the extent to which each proximate determinant reduces the fertility of the group in question.
22
Nichols, Lionel. « The International Criminal Court and the end of impunity in Kenya ». Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:34eab158-f675-492a-b844-f9a74e1a6ce6.
Texte intégralRésumé :
This thesis considers the extent to which the International Criminal Court's Office of the Prosecutor ('OTP') has been successful in realising its self-defined mandate of ending impunity in Kenya. In particular, it focuses on the OTP's attempts to encourage domestic investigations and prosecutions as part of its strategy of positive complementarity. This strategy has been hailed as being the best and perhaps the only way that the OTP may use its finite resources to make a significant contribution to ending impunity. Despite this, no empirical study has been published that evaluates the effectiveness of this strategy and the impact that it has on ending impunity in the targeted situation country. This thesis seeks to address this gap in the literature by conducting a case study on the OTP's implementation of its strategy of positive complementarity in Kenya following that country's post-election violence in 2007/08. In doing so, I also hope to make a modest contribution to existing debates over the effectiveness of the ICC as an institution as well as international criminal justice and transitional justice more generally.
23
Biegon, Japhet. « The advent of unholy alliances ? Coalition governments in the aftermath of disputed elections and electoral violence in Africa : a case study of Kenya ». Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8003.
Texte intégralRésumé :
The resort to coalition governments following the disputed presidential elections in Kenya and Zimbabwe pioneers a new trend in unlocking political gridlock in Africa. This dissertation analyses this trend with a view to establishing its viability in guaranteeing sustainable peace and democracy. It is argued that the resort establishes a precedent in which incumbent presidents, upon losing elections, may refuse to vacate office in the hope that a power sharing agreement will be negotiated with opposition leaders. Concludes that while the resort to coalition government in the aftermath of a disputed election and electoral violence may
rescue a country from disintegration, it is not a guarantee to sustainable peace and
democracyThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof. Nico Steytler, Faculty of Law, University of Western Cape, South Africa
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
24
Mulisa, Tom. « Public participation in constitution-making : a critical assessment of the Kenyan experience ». Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/12685.
Texte intégralRésumé :
Kenya has embarked on a constitutional making process that is hoped to ensure a transition to
democracy. The Constitution of Kenya Review Act, 2008 provides a legal framework for the making of a new
constitution. This research evaluates the current constitutional making process in Kenya and focuses on
the process undertaken by the coalition government in Kenya and the extent to which the people
of Kenya have been involved in the process.
This study is important because the current coalition government in Kenya is expected to deliver
a constitution before Kenya goes to elections in 2012. It is hoped that this study contributes to
the constitutional making process that is currently underway in Kenya. It emphasis the argument that a people driven process is necessary if governments that have suffered political violence and
instability are to become stable and inclusive.A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr. Yonatan Tesfaye Fessha, Unversity of Western Cape, South Africa.
LLM Dissertation (Human Rights and Democratisation in Africa -- University of Pretoria, 2009.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
25
Waris, Attiya. « Solving the fiscal crisis : legitimising taxation through realisation of human rights in Kenya : a case study of the Kenyan Constituency Development Fund ». Thesis, Lancaster University, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.543990.
Texte intégral
26
Kennedy, Kate. « Britain and the end of Empire : a study of colonial governance in Cyprus, Kenya and Nyasaland against the backdrop of the internationalisation of empire and the evolution of a supranational human rights culture and jurisprudence, 1938-1965 ». Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:b7f88699-7476-4a3d-b19e-ddbec50decf8.
Texte intégralRésumé :
This thesis traces British colonial governance and the workings of the late colonial state from 1938 until the end of empire in the early 1960s in Cyprus, Kenya and Nyasaland. It proposes that colonial governance operated in place and time back and forth across a spectrum, typified by polarities of (i) 'soft' management and regulation of colonial populations in the 1940s, and (ii) 'hard' control exemplified by the use of harsh physical coercion in the 1950s, although both 'soft' and 'hard' approaches - and hybrid variants somewhere in between - were always, in truth, sides of the same coin. British colonial governance is examined through the filter of three approximate, although not rigidly linear, 'phases': (1) a 'soft' phase of development and welfare from 1938-45, during which the rhetoric of governance was distinguished by the language of benevolence, in the attempt to re-legitimise empire, (2) the post-war period from 1945-1950, when Britain played a leading role in establishing supranational institutions promoting universal human rights and also, and however reluctantly, extended a modified human rights regime to its colonies, and (3) the swing to 'hard' governance during emergency periods in Cyprus (1955-59), Kenya (1952-60) and Nyasaland (1959-60), during which Britain strove to resolve the dichotomy between competing domestic and international demands of (a) maintenance of empire, often through the use of coercive physical measures, and (b) promotion of universal human rights on the world stage. This was all played out, at least in part, as an albeit muted ideological confrontation between opposing post-war visions of global order - the very survival of the old imperial system pitched against the implicitly decolonising thrust of the universal human rights movement as enshrined in the Universal Declaration of Human Rights (1948) and the European Convention on Human Rights (1950). This thesis argues that by 1959 and in part as a consequence of the cumulative political impact of allegations of human rights and other abuses during emergency periods, Britain could no longer reconcile these competing visions of colonial governance and world order, nor sustain its empire and colonial rule by force.
27
Bourgeat, Emilie. « Penality, violence and colonial rule in Kenya (c.1930-1952) ». Thesis, University of Oxford, 2014. https://ora.ox.ac.uk/objects/uuid:f33d9b21-f1b4-43cb-bb38-595e5989b931.
Texte intégralRésumé :
Within the research field of colonial violence, scholars focused on wars of conquest or independence and tended to picture counterinsurgency campaigns as an exceptional deployment of state violence in the face of peculiar threats. In colonial Kenya, the British repression of the Mau Mau uprising of the 1950s has been the object of extensive and thorough analysis, contrasting with the lack of research on colonial punishment during the preceding decades. Yet the unleashing of state violence during the 1950s actually has a much longer history, lurking in the shadows of the criminal justice system that British powers introduced in the colony in the late nineteenth century. In contrast to previous scholarship, this study shows how ordinary colonial violence - although massively scaled up during the 1950s - was progressively normalised, institutionalised and intensified throughout the colonial experience of the 1930s and 1940s, laying the ground for the deployment of a counterinsurgency campaign against Mau Mau fighters.
28
Patricia, Christensson. « The Role of Socio-Economic Factors on the Continuation of Female Genital Mutilation in Africa : A Critical Analysis of Kenya ». Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-43558.
Texte intégralRésumé :
Kenya is one of the Sub-Saharan countries that continue to experience incidences of FGM among various ethnic communities. While FGM prevalence has reduced significantly in the last decade due to government crackdowns and the adoption of relevant anti-practice laws, several Kenyan communities continue to circumcise girls and women secretly. The current study sought to examine the role of socioeconomic factors in the continuation of FGM in Kenya. The study was guided by the tenets of structural functionalism. This theory was selected because of its efficacy in explaining how institutions such as family, economy, and education contribute to the persistence of FGM among Kenyan communities. The study utilized grounded theory as the principal methodology. Research materials in this study included scholarly sources published in credible databases. The strong association between marriageability and FGM, Islam, cultural rigidity, the fear of social stigma, the view of circumcision as a rite of passage, and the perceived safety offered by medicalization have ensured the continuation of the practice. From an economic standpoint, the depiction of FGM as a prerequisite to bride price, as well as the monetization of the practice by medical practitioners and families, have contributed significantly to its persistence.
29
Okello, Edward Odhiambo. « Guaranteeing the independence of election management bodies in Africa : a study of the electoral commissions of Kenya and South Africa ». Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1227.
Texte intégralRésumé :
"Election management bodies (EMBs) have thus been established throughout the world with the responsibility of administering elctions. However, merely creating a body to administer elections does not create public conficence and integrity in the electoral process. The establishment and operation of such a body must meet the key requirements of credible election administration. One such requirement is the need for the EMB to be independent of any party. The independence of the EMB is said, by and large, to attract the confidence of all the stakeholders in the electoral process and create integrity in the process. ... However, as one scholar has observed, the lack of autonomy of EMBs from the government in some African countries is one of the major challenges to the credibility of the electoral process on the continent. It is important to note at this point that the independence of EMBs, though not in itself a guarantee of free and fair elections, determines to a large extent the overall legitimacy and acceptability of an elected government by the electorate. Flowing from this discourse is the need for the independence of EMBs in Africa, both in theory and practice, in order to enhance democracy on the continent. ... Kenya and South Africa have established EMBs to manage elections in accordance with the Universal Declaration on Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the Organisation for African Unity/African Union (OAU/AU) Declaration of 2002. The Kenyan EMB has been in existence since 1991. Recently, the issue of its indpendence has become a central focus in a raging national debate on minimum constitutional reforms in Kenya. Similarly, the independence of the South African EMB, though believed to be sufficiently safeguarded, has also come to be questioned. These institutions play a crucial role in the democratisation processes in both countries, and one of the ways of achieving this goal, is by ensuring their independence from the political process. This study proposes to examine the independenct of the two EMBs and proposes ways of strengthening them with a view to enhancing the work of democracy in both countries. ... Chapter one introduces the study and the problem statement that has prompted the study. Chapter two analyses the concept of independence of EMBs. It also discusses the justification for their independence. A comparative analysis of the independence of EMBs of Kenya and South Africa is the subject of chapter three. Chapter four proposes to discuss the ways of further strengthening the indpendence of EMBs of Kenya and South Africa. The fifth and final chapter proffers conclusions and recommendations." -- Introduction.Prepared under the supervision of Mr. Kingsley Kofi Kuntunkrunku Ampofo at the Faculty of Law, University of Ghana
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
30
Issa, Nazra. « The Challenges of education in Kenya : A critical analysis investigating the access to multicultural education and access to indigenous languages taught in Kenyan school ». Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-45492.
Texte intégralRésumé :
The present study aimed at analysing the role of socioeconomic factors in the unequal access to health care among Kenyans. Content analysis was utilised as the principal data analysis methodology, while systems theory guided the process of addressing the research question. Relevant data was obtained from scholarly sources published in credible databases. The findings identified several socioeconomic factors accounting for unequal access to health care in Kenya. Large household size, female-headed households, and lower social class were identified as the chief social factors contributing to this problem. Poverty, low family income, low level of education, and living in informal settlements were revealed as the main economic contributors of unequal health care access. Overall, the current study affirmed that health care disparities have become a substantial human right issue in Kenya due to a combination of socioeconomic variables, such as household size, household head, social class, living conditions, education level, and place of residence.
31
Musarurwa, Tazorora T. G. « Creating sustainable democracy in Africa - an African supranational body for the effective supervision of elections in Africa ». Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8095.
Texte intégralRésumé :
The objective of this study is to provide a novel working mechanism for the supervision of elections that would no longer be municipal based but rather the subject of a supranational body that is not answerable to municipal authorities. In essence, this study will consider the possibility of a new African Union body responsible for African elections. Rather than just mooting an idea, this study will attempt to justify the need for such a body, as well as answer the practical questions that may hamper the establishment of such a body and also provide for some of the modalities regarding how such a body may work.
To enhance the objectives, the study will necessarily commence with a theoretical background of the rationale for having elections. The study will also emphasise on the human rights aspect of elections, namely the right to self determination and the right to participate in public affairs as provided in various human rights instruments.
By analysing recent African elections, this study intends to show that the current strategy of wholly relying on municipal electoral authorities is subject to manipulation and can result in humanitarian catastrophes and illegitimate governments. By so doing a justification of introducing a new AU body responsible for supervising African election is made perspicuousThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Professor E.K. EK Quashigah, of the Faculty of Law, University of Ghana-Legon, Ghana
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
32
Millya, James Kinyasi. « The impact of direct foreign and local investment on indigenous communities in East Africa : a case study of the Maasai of Kenya and Tanzania ». Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5843.
Texte intégralRésumé :
The general objective of this study is to lay out the bases for an assessment of the impact of foreign and local investment on indigenous people in East Africa. For this purpose it will explore the current and systematic practice of violations of human rights as against the obligation of states
to promote and to protect human rights and to guarantee effective remedies for victims in cases where those rights have been violated under the international human rights law jurisprudence in an African context. Reveals how State sponsored investments in Maasai traditional land, particularly creation of national parks, game reserves and game controlled areas have changed the way of life of the
Maasai as a “people” aggravating their marginalization.Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Lorite Alejandro of the Department of Law, American University - Cairo Egypt.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
33
Bosire, Lydiah Kemunto. « Judicial statecraft in Kenya and Uganda : explaining transitional justice choices in the age of the International Criminal Court ». Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:fa1f9f19-174e-47a2-a288-d4d0312786b7.
Texte intégralRésumé :
Transitional justice has undergone tremendous shifts since it was first used in Latin American and Eastern European countries to address post-authoritarian and post-communist legacies of atrocity and repression. In particular, the establishment of the International Criminal Court (ICC) has increased the demand for prosecutions within a field that was previously marked by compromise and non-prosecution. While there are increasing expectations that countries with unresolved claims of human rights abuses should enact transitional justice policies, most of the literature on the subject largely omits to explain how elites from those countries choose among the possible options of transitional justice, and specifically, how they choose among international prosecutions, domestic prosecutions, and truth-seeking. Using case studies of Kenya and Uganda, this dissertation examines this decision-making process to understand how elites choose and reject different transitional justice policies. Theoretically, the research examines how preferences for transitional justice policies are constituted through “judicial statecraft”: the strategic efforts by heterogeneous, interest-pursuing elites to use justice-related policies as carrots and sticks in the overall contestation of power. The research finds that the choices of elites about judicial statecraft depend on three factors: the extent to which the elites are secure that their policy choices cannot be subverted from within; the cost and credibility of transitional justice threats; and the effects, both intended and unintended, of history.
34
Reike, Ruben. « The 'responsibility to prevent' : an international crimes approach to the prevention of mass atrocities ». Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:16fdad2d-d295-4904-b730-bc7fe58d96c5.
Texte intégralRésumé :
Paragraphs 138 to 140 of the Outcome Document of the 2005 UN World Summit not only elevated the element of prevention to a prominent place within the principle of “responsibility to protect” (R2P), but also restricted the scope of R2P to four specific crimes under international law: genocide, war crimes, ethnic cleansing, and crimes against humanity. This thesis explores the conceptual and practical consequences of linking R2P to the concept of international crimes, with a particular focus on the preventive dimension of R2P, the socalled “responsibility to prevent”. To date, much of what has been written about the “responsibility to prevent” borrows primarily from conflict prevention theory and practice. Such conflict prevention inspired accounts of the “responsibility to prevent” tend to depict the principle as a long-term agenda that seeks to build societies resilient to atrocity crimes; that rests primarily on pillars one (state responsibility) and two (international assistance and capacity-building); that is supportive rather than undermining of state sovereignty; and that can largely adhere to the traditional conflict prevention principles of impartiality, consent, and minimal coercion should more direct prevention efforts become necessary. Drawing on literature from criminology, this thesis develops an international crimes framework for operationalizing the preventive dimension of R2P. The framework, combined with three case studies of international crime prevention (Bosnia 1991-1995; Kenya 2007-08; and Libya 2011), challenges key assumptions of the conflict prevention accounts, arguing that linking R2P to the concept of international crimes turns the “responsibility to prevent” into a principle that is more focused on the short-term, rather than on so-called root causes of atrocity crimes; more focused on individuals, rather than on state structures and capacity; more partial regarding perpetrators and victims; and more coercive, intrusive, and controversial than is commonly acknowledged in academic writing and policy debates on the subject. More broadly, the thesis concludes that taking R2P’s focus on the prevention of international crimes seriously requires re-rethinking the “responsibility to prevent” in important respects.
35
多日帝, 室仁, et David Muroni. « Post-election violence and governance in Kenya : the rise and fall of the Truth, Justice, and Reconciliation Commission (TJRC) ». Thesis, https://doors.doshisha.ac.jp/opac/opac_link/bibid/BB13142671/?lang=0, 2020. https://doors.doshisha.ac.jp/opac/opac_link/bibid/BB13142671/?lang=0.
Texte intégralRésumé :
この論文は、ケニアの選挙後の暴力の年表に焦点を当てています。それがどのように始まり、頂点に達し、減少、そして再発を探ります。ケニアで2008年に創設された真実、正義、和解委員会は、独立後35年間の過去の人権不正と不正行為を文書化に行なった。複数の要因が組み合わされ、複数政党の大統領選挙で暴力を引き起こします。政府が問題の一部であるため、委員会による良心的な最終報告書と勧告は保留中です。This thesis focuses on the chronology of post-election violence in Kenya. It explores how it started, peaked, faded, and returned. The Truth, Justice, and Reconciliation Commission created in 2008 in Kenya documents 35 years of past human rights injustices and malpractices from independence in 1963. Multiple factors combine and trigger violence in multiparty presidential elections. The conscientious final reports and recommendations by the Commission remain in limbo as the government is part of the problem. Unequally shared land resources and a grave presidential contest cause post-election violence. Empowering the Supreme Court is a necessity for fair justice.
博士(グローバル社会研究)
Doctor of Philosophy in Global Society Studies
同志社大学
Doshisha University
36
Kinuthia, Wanyee. « “Accumulation by Dispossession” by the Global Extractive Industry : The Case of Canada ». Thèse, Université d'Ottawa / University of Ottawa, 2013. http://hdl.handle.net/10393/30170.
Texte intégralRésumé :
This thesis draws on David Harvey’s concept of “accumulation by dispossession” and an international political economy (IPE) approach centred on the institutional arrangements and power structures that privilege certain actors and values, in order to critique current capitalist practices of primitive accumulation by the global corporate extractive industry. The thesis examines how accumulation by dispossession by the global extractive industry is facilitated by the “free entry” or “free mining” principle. It does so by focusing on Canada as a leader in the global extractive industry and the spread of this country’s mining laws to other countries – in other words, the transnationalisation of norms in the global extractive industry – so as to maintain a consistent and familiar operating environment for Canadian extractive companies. The transnationalisation of norms is further promoted by key international institutions such as the World Bank, which is also the world’s largest development lender and also plays a key role in shaping the regulations that govern natural resource extraction. The thesis briefly investigates some Canadian examples of resource extraction projects, in order to demonstrate the weaknesses of Canadian mining laws, particularly the lack of protection of landowners’ rights under the free entry system and the subsequent need for “free, prior and informed consent” (FPIC). The thesis also considers some of the challenges to the adoption and implementation of the right to FPIC. These challenges include embedded institutional structures like the free entry mining system, international political economy (IPE) as shaped by international institutions and powerful corporations, as well as concerns regarding ‘local’ power structures or the legitimacy of representatives of communities affected by extractive projects. The thesis concludes that in order for Canada to be truly recognized as a leader in the global extractive industry, it must establish legal norms domestically to ensure that Canadian mining companies and residents can be held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies abroad. The thesis also concludes that Canada needs to address underlying structural issues such as the free entry mining system and implement FPIC, in order to curb “accumulation by dispossession” by the extractive industry, both domestically and abroad.
37
SCHMITZ, Hans Peter. « Global norms and regime change : Kenya and Uganda in comparative perspective ». Doctoral thesis, 1999. http://hdl.handle.net/1814/5379.
Texte intégralRésumé :
Defence date: 11 June 1999Examining board: Prof. Thomas Risse (European University Institute - supervisor); Prof. Philippe C. Schmitter (European University Institute); Prof. Volker Rittberger (Eberhard-Karls-Universität Tübingen); Dr. Stefan Mair (Stiftung Wissenschaft und Politik, Ebenhausen)
First made available online 12 September 2017
The subject of the study is regime change understood as the modification of broadly defined political institutions and practices governing domestic politics. Democratization is a possible outcome of such a process if the modification of political institutions and practices reflects convergence with a particular set of liberal ideas and norms. During the last 25 years the interest of political scientists in such processes has steadily grown. Democratization spread from Southern Europe in the 1970s to Latin America in the 1980s and finally reached Eastern Europe and the other continents in the late 1980s and early 1990s. More recently, some have diagnosed an 'ebbing' of the wave. While the empirical record of the 'third wave' is mixed, its profound effects on the way the academic community studies democratization are undeniable. The new cases o f democratization led during the 1980s to a paradigm shift away from structuralist explanations towards more contingency-driven and agency-based approaches. Challenges to the modernization school or cultural explanations of democratic change highlighted cases of regime change under structurally unfavorable conditions and called for greater attention towards the role of political actors, institutions, and contingencies.
38
Wahome, Patrick Mutahi. « War on terror or war on human rights ? Implications of the "war on terror" for human rights in Kenya ». Thesis, 2006. http://hdl.handle.net/10539/1741.
Texte intégralRésumé :
Student Number : 0415941F -
MA research report -
School of Social Sciences -
Faculty of HumanitiesIt is interesting how a specific date and month has come to define the world. In the dawn of the millennium, few people would have thought international politics would suddenly change. It was even harder to envisage that America would be a direct target of terror groups’ right inside their country in such a huge magnitude, in this age after the end of cold war when it was the only super power. The events of September 11, 2001 will forever remain entrenched in history and even more so the political events that followed after, since they have redefined the world and its political ideology. Different states have responded to the attacks differently, springing surprises, twists and turns that have shaped the agenda of the human rights discourse. The response to the attack on the Pentagon and World Trade Centre has posed a dilemma to scholars in international human rights law, some of them whom have questioned if this is the end of human rights era.1 This is because of how the human rights discourse has been put at cross purpose with the anti-terror efforts that have been employed. After Al-qaeda operatives crashed three airlines into the Pentagon and World Trade Centre, while a fourth one crashed in a field in Shanksville, this was seen as a direct act of aggression on America and President George Bush vowed revenge. On October 8th 2001, Bush launched a campaign to track Osama Bin Laden and followers of his Al-qaeda group, who were responsible for the attacks. The “war on terror” began the same day with the bombing of Afghanistan that aimed at toppling the Afghanistan government, which supported Al-qaeda. While doing this, Bush placed terrorism above any other global agenda. It is important to note that the toppling of the Afghanistan regime was through the UN Security Council. When a new government was set up after the regime was toppled, the “war on terror” entered new frontier. In his State of the Union address in January 2002, President Bush declared that Iran, Iraq and North Korea were “rogue states” and alleged that the three countries were developing weapons of mass destruction. Bush feared that terrorists would use these chemical and biological weapons to attack other countries, more so American interests and hence measures had to be taken before this happened. He next turned to Iraq which was suspected of having chemical and biological weapons and links with Al-qaeda. He vowed to topple the Iraq regime of Saddam Hussein on these pretexts.2 These actions led to a lot of international debate, with many countries urging America not to use force to push its agenda. Specifically, most countries were of the view that inspectors from the United Nations Monitoring, Verification and Inspection Commission (UNIMOVIC) should be allowed to inspect Iraq to authenticate the claims.3 In addition, many countries felt that for such a war to happen, the UN Security Council had to pass a resolution allowing the attack of Iraq. Nevertheless, America and its allies went ahead with their plans of toppling Saddam. On April 9, 2003 the regime of Saddam Hussein was toppled and he was captured on December 14, 2003. However, Osama has not yet been caught. At the same time, the United Nations (U.N.) has passed various resolutions condemning terrorism and urging countries to enact anti-terror measures that do not infringe on the people’s human rights. Despite this, the anti-terrorism measures adopted by many countries have fallen short of the U.N. human rights requirements and have proved to be a challenge to internationa l human rights law and refugee law. This has led to various scholars arguing that the U.N. charter should be reviewed to adequately cater for the “war on terror” and the enforcement of human rights while engaging in these efforts. In any case, it is clear that legal safeguards that were once viewed as unchangeable are now being challenged. As David Rieff avers, “…the threat that internal war and terrorism poses to the edifice of international law would have become apparent sooner or later. If anything, September 11 only hastened and focused the process.” This research report aims to study the implications of the “war on terror” for the protection of human rights in Kenya. In doing so, it is noted that even though Kenya has been a victim of terrorist activities, it was only after America began the “war on terror” in October 2001 that it started putting up structures to address terrorism. Thus, the main thrust of this research is to investigate the human rights dilemma that Kenya faces in these efforts includ ing interrogating the reasons for the tensions that resulted from the draft Suppression of Terrorism bill 2003 that was drawn up by the government in its effort to fight terrorism. In order to do this, several research questions inform the study. a) How has the “war on terror” shaped the understanding and practices of human rights in Kenya? b) How has the “war on terror” shaped Kenya’s approach to terrorism? c) How did the draft Suppression of Terrorism bill 2003 emerge? d) Was the draft bill a result of social struggles and history of the country as regards terrorism? e) What are the human rights concerns that have emerged from the draft bill? f) What are the tensions that have cropped up between protecting human rights and ensuring national security in Kenya? This will include a study of local campaigns by the Civil Society and Muslim community against the draft antiterror bill. g) Why have the tensions come up between the citizens and the government? To do this, the study will look into the human rights history of Kenya and relationship between the government and its citizens. h) What has been the impact of anti-terrorism measures on certain ethnic and religious groups? i) How have suspected terrorists in Kenya been treated while under custody? Human rights as applied in this research report refers to a set of internationally agreed upon principles which have been set down in the various declarations of United Nations human rights instruments, African Charter and other legal documents like Constitutions. Over the years, these principles have continuously been refined and extended to ensure that more people especially the minorities are catered for and have since been evoked when oppression occurs.
39
Kabata, Faith Njoki. « Impact of international human rights monitoring mechanisms in Kenya ». Thesis, 2015. http://hdl.handle.net/2263/52417.
Texte intégralRésumé :
This research titled Impact of international human rights monitoring mechanisms in Kenya explores the influence of the findings of international monitoring mechanisms in Kenya. The research demonstrates that the findings have had limited impact on national legislation, executive policy, court decisions and the constitution making process. Further, the research illustrates that the key factors accounting for impact of the findings of monitoring mechanisms are internalisation in the political, legal and social order, domestic structures and processes and non-state actors. In addition, the research explores the limited impact of the findings despite their legal internalisation through the Kenya Constitution, 2010 and demonstrates that it is as a result of incomplete internalisation in the political and social order. The research adds to existing literature on impact of international human rights monitoring mechanisms and also to the literature on state compliance with international law through theory testing.Thesis (LLD)--University of Pretoria, 2015.
tm2016
Centre for Human Rights
LLD
Unrestricted
40
Khakula, Andrew Barney. « Theory and practice of social and economic rights in Kenya ». Diss., 2015. http://hdl.handle.net/10500/22243.
Texte intégral
41
Osiemo, Lynette. « Securing corporate accountability for violation of human rights : towards a legal and policy framework for Kenya ». Thesis, 2016. http://hdl.handle.net/10539/22370.
Texte intégralRésumé :
Thesis submitted in fulfillment of the requirements for the degree of Doctor of Philosophy, presented to the School of Law, Faculty of Commerce, Law and Management, University of the Witwatersrand.Over the last few decades, the debate on the topic of business and human rights has dominated the international scene. Initially, the debate focused on the question whether corporations have obligations beyond making profits. This is no longer contested, and the issue now at hand is the need to define what these obligations are and to determine how they can be enforced. In the history of the development of human rights, the duty to uphold human rights and secure their protection was considered a preserve of the state. However, with changing economic dynamics and increased globalization, it is undeniable that states are no longer the only or major threat to human rights; the modern corporation, much bigger in structure and complex in operations than before, has taken its place beside the state, having as much potential as the state to negatively impact human rights. Kenya adopted a new Constitution in 2010, at the same time that John Ruggie, the Special Representative of the UN Secretary General on Business and Human Rights was finalizing his mandate and putting together his findings based on research he had conducted over a number of years. The business and human rights deliberations Ruggie steered at the international level were expected to culminate in the negotiation of an internationally binding instrument. This did not happen. This study shows that the failure to propose the negotiation of a treaty was not fatal to the Business and Human Rights agenda, but rather that the alternative approach taken presents a more ideal opportunity to prepare the ground for the future negotiation of a treaty. Ruggie developed the UN Guiding Principles on Business and Human Rights and proposed them as a common global platform for action, an authoritative focal point to direct efforts geared at understanding the corporate obligation for human rights. Although both the Constitution of Kenya and Ruggie’s findings underscore the role of the corporation in upholding human rights, the corporate obligation with regards to human rights is not clear. The main objective of the research was therefore to give human rights obligations of corporations in Kenya greater specificity so that both corporations and the State may more effectively implement them. The study undertook to investigate what the corporate obligation for human rights entails, building on the foundation established by the 2010 Constitution, which provides for horizontal application of the Bill of Rights to juristic persons, and the guidance offered for states and corporations and other business entities through the UN Protect, Respect and Remedy Framework and the UN Guiding Principles. The study established what the obligations under the three pillars recommended in the UN Framework would mean for Kenya. The mistaken belief commonly held by corporations that corporate social responsibility is the same as human rights obligation was explored. The findings also show that the State Duty to Protect will mainly be exercised through the enactment of laws that offer guidance to corporations on what constitutes their duty and how it can be executed in practice. The study therefore recommends that amendments and additions be made to particular laws, the main one being the Companies Act of Kenya, to guide corporations in executing their human rights obligation. Furthermore, a recommendation is made that the Commission charged with implementing the Constitution include a specific section on Business and Human Rights in the National Policy and Action Plan drawn up to implement the 2010 Constitution. This will ensure that due attention is given to the subject, and a clear and comprehensive approach adopted to make corporate accountability for human rights violations a practical and realistic goal. The proposals made for the Action Plan include factors that will improve access to remedy for victims of human rights violations.
MT2017
42
Majiwa, J. M. (Joyce Miguda). « Challenges towards the realization of the right to development in Kenya ». Diss., 2014. http://hdl.handle.net/2263/41191.
Texte intégral
43
Nassali, Ann Marie. « Non-governmental organizations, governance and human rights in Kenya, Tanzania, Uganda and South Africa : conceptual and strategic questions ». Thesis, 2009. http://hdl.handle.net/2263/25530.
Texte intégralRésumé :
Although human rights NGOs (HURINGOs) have contributed to the institutionalisation of a human rights culture, the human rights discourse mainly focuses externally on the obligations of states and, more recently, of business. Little attention is paid to how HURINGOs manage their power and privileges within their internal governance, despite NGOs' growing influence, resources, scope and diversity. This thesis offers a theoretical interpretation of the experiences, challenges, dilemmas and lessons learnt by HURINGOs in Kenya, Tanzania, Uganda and South Africa to contribute to the evolving discourse of human rights theory and practice. It adopts a multi-disciplinary approach that articulates the human rights obligations of HURINGOs and their implications for governance, arguing that the improved governance of NGOs is critical to the strengthening of the human rights movement. While upholding the dominant legal liberalism school which underlines that the state is the main human rights duty bearer and legal systems are critical to the enforcement of rights, it utilises the sociology of law discourse that conceptualises human rights as a normative principle to contain abuse of power. Drawing from the rights-based approach which is aimed at holding all actors accountable for the human rights implications of their actions, it evaluates how HURINGOs have applied the human rights principles and standards of: (i) express linkage to and mainstreaming of rights; (ii) accountability and transparency; (iii) participation and inclusion; and (iv) non¬discrimination, equity and empowerment in their governance and operations, as they demand of others. It is the mam contention of this study that HURINGOs have the obligation to empower themselves internally before they can champion the empowerment of others. This entails being knowledgeable in the area of work; forging linkages with broader civil society and academia, building on the positive cultural values that resonate with human rights to stimulate mass support and balancing the different accountabilities to the law, boards, membership, self-regulatory mechanisms, public and donors. Further HURINGO have the obligation to safeguard the autonomy of their mission; have transparent and participatory processes to enhance collective strength, legitimacy and ownership of consensus decisions; as well as promote and demand equal and equitable relationships based on mutual respect, shared responsibility and achievements while simultaneously enabling the weaker party to act on their own. Although a higher responsibility is placed on HURINGOs to respect human rights values, all NGOs irrespective of how they define themselves have to mainstream human rights in their work. This is because all NGOs exist in the public trust and work to promote human dignity and societal wellbeing. They must lead by example. Applying the human rights principles to NGOs enhances their moral legitimacy to measure up to the challenges of being a watchdog of the governance process and custodians of the better promotion and protection of human rights. Significantly, it advances the credibility of human rights to offer protection from any abuse of power.Thesis (LLD)--University of Pretoria, 2010.
Centre for Human Rights
unrestricted
44
Ndethiu, Maureen K. « Environmental justice in Kenya : a critical analysis ». Diss., 2018. http://hdl.handle.net/10500/24460.
Texte intégralRésumé :
Environmental justice, a new but rapidly developing concept in international environmental law, arose in the United States of America during the Environmental Justice Movement of the late 1970s and 1980s. It starkly highlighted injustices faced by people of colour and low-income communities as regards racially skewed environmental legal protection and allocation of environmental risks. The movement radically changed the meaning of ‘environment’ from its conventional green overtones to include issues of social justice at the core of environmental thinking. I critically examine the concept of environmental justice in the Kenyan context by highlighting the injustices, and the formulation and application of laws and policies that significantly impact on environmental regulation and equitable distribution of social services.Private Law
LL. M.
45
Shai, Kgothatso. « The United States of America's foreign policy towards Africa : the case studies of Kenya and Nigeria, 1990-2008 ». Diss., 2010. http://hdl.handle.net/11602/1013.
Texte intégral
46
Ross, Elliot. « Reading and Repair : Fictions of "Mau Mau" ». Thesis, 2019. https://doi.org/10.7916/D8P28G50.
Texte intégralRésumé :
This dissertation argues that works of literature offer a valuable critical supplement to historical and legal accounts of colonial violence, due to the common investment of literary texts in thematizing moral complexity and complicity, and by drawing attention to intimate and social forms of harm that might otherwise go unaccounted for. Following the recent successful lawsuit against the British government by elderly Kenyans who survived torture in the 1950s, as well as recent historical scholarship on the colonial government's brutal counterinsurgency, I argue that the paradigmatic anticolonial event commonly referred to as the “Mau Mau” uprising has been reframed in terms of a series of grave human rights abuses. I examine the diverse ways in which the Mau Mau struggle has been figured in narrative fiction, focusing on works by Ngũgĩ wa Thiong'o, Yvonne Adhiambo Owuor, Marjorie Oludhe Macgoye, and the white supremacist Robert Ruark. The dissertation shows literary texts to be sites of distinct forms of knowledge concerning the harms of political violence. My readings demonstrate that fictions of Mau Mau have figured that crisis as both a crime that demands urgent redress and an event whose damage is permanent and irreparable, each text staging in distinct ways the structuring paradox of historical reparation as an impossible ethical demand that must nonetheless be insisted upon. I think of reparations claims as radical decolonizing demands, countering recent critiques of the “politics of reparations” as a liberal departure from properly emancipationist thinking.
47
Warui, Stephen Kariuki Apollo. « Away from the precipice : the mission of the churches in Kenya in the wake of the 2007/8 post-election violence ». Diss., 2014. http://hdl.handle.net/10500/15385.
Texte intégralRésumé :
Text in EnglishThe phenomenon of the 2007/8 post-election violence in Kenya is complex and has numerous facets. This is because of the historical and socio-political dimensions connected with it, some of which the present study has attempted to discuss. The main objective of this research is to develop a missiological model of reconciliation by understanding and addressing the underlying causes of the 2007/8 post-election violence through an interpretive and missiological reading of the 2008 report of the Kenya National Commission on Human Rights. The concepts of politics, ethnicity, human rights and violence are chosen as analytical units for this study and through an integrated approach to their interconnectedness, a more adequate framework to identify and analyze the causes of violence is created. The churches in Kenya have played ambiguous roles in the social-political arena and this study surveys these roles and suggests different missional approaches through which the churches in Kenya can participate in the mission of reconciliation.
Christian Spirituality, Church History & Missiology
M.Th. (Missiology)
48
Mulwa, Emmah Mwende. « Language management in relation to language needs, uses and preferences in subordinate courts : a case study of Machakos County ». Thesis, 2019. http://hdl.handle.net/10500/27010.
Texte intégralRésumé :
This study was an exploration of how language is managed in the subordinate courts of Machakos County in Kenya. It was an investigation into the language policy used in the courts,
and whether the languages serve the needs, uses and preferences of the people. Language use in Kenya is constitutional (The Constitution of Kenya, 2010).The national language of the Republic of Kenya is Kiswahili and its official languages are English and Kiswahili. The constitution shall protect and promote indigenous languages of the people of Kenya. The constitution further indicates that there shall be general provisions to the Bill of Rights, fundamental freedoms, and
that the authority of courts shall uphold and enforce the Bill of Rights. (The Kenya Constitution, 2010, (Cap 4, entitled “The Bill of Rights” has subcategories ranging from Part 1 to Part 5. Part 1 elaborates on general provisions relating to the Bill of Rights, Part 2 on Rights and fundamental freedoms, Part 3 on specific application of Rights, Part 4 on state of emergency and Part 5 on Kenya National Human Rights and Equality Commission). The study attempts to establish
whether or not the subordinate courts adhere to these provisions, which policy makers need to adhere to.
This research further explores solutions to the problem of communication during court
proceedings. Its aim was to advance scientific information that would inform the formulation of a more accommodating language policy in Subordinate Courts. The background information and the history of the courts language gave an overview of how language in subordinate courts is used according to various scholars. The evaluation of how language is used during court proceedings shed light on the people‟s language needs, uses and preferences.Linguistics and Modern Languages
D. Litt et Phil. (Linguistics)
49
Patková, Lucie. « Intervence Mezinárodního trestního soudu při vyšetřování zločinů spáchaných mimo ozbrojený konflikt ». Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-352665.
Texte intégralRésumé :
The thesis deals with the question, in which situation the International Criminal court would probably open an Investigation of such crimes by an international body is a delicate question mainly with regard to a great extend of intervention into a state sovereignty, which manifests itself also as jurisdictional sovereignty. The thesis focuses on the case of Kenyan post-election violence in years of 2007 and 2008 and the aim to suppress Libyan revolution of 2011. Besides, the work is based upon the theory of (liberal) institutionalism, which could hopefully be applied to the international-law case of investigation of the crimes committed outside an armed conflict. Within the framework of the thesis I try to reveal criteria determining whether the International Criminal court opens or not an investigation to a situation of human rights abuse. For the purpose I take into consideration world and local country status, character of the perpetrators, extend of the attacks, country's relation to the great powers, as well as readiness of the country to prosecute the perpetrators within the national jurisdiction. As conclusion I try t compare the findings from the part applying liberal institutionalism and from the case studies.
50
Silva, Tatiana Morais Ribeiro de Aguiar e. « A violência sexual e de género nos campos de população refugiada : análise e enquadramento legal ». Master's thesis, 2015. http://hdl.handle.net/1822/38501.
Texte intégralRésumé :
Dissertação de mestrado em Direitos HumanosA presente dissertação de mestrado versa sobre a temática da Violência Sexual e de Género (VSG) nos campos de população refugiada. Uma vez que a presente temática tem escassa bibliografia lusófona, iremos analisar dois estudos desenvolvidos no terreno sobre a presente temática. Um dos estudos foi desenvolvido por YONAS GEBREIYOSUS no campo de população refugiada de Mai Ayni na Etiópia. O outro estudo foi desenvolvido por CLAIRE WAITHIRA MWANGI no campo de população refugiada de Kakuma no Quénia. Com a presente dissertação não procuramos fazer o diagnóstico acerca da situação da população refugiada, estudos recentes, bem como projetos e pesquisas desenvolvidos por ONG’s que, desde a década de 1980, focando a questão da Violência Sexual e de Género, têm realizado diversas pesquisas que nos permitem ter uma noção da realidade vivida pela população refugiada em todas as fases do ciclo de refúgio. O que nos propomos fazer na presente dissertação é partir da análise até ao momento elaborada e refletir quanto a uma hipotética resposta a dar aos casos de VSG que ocorreram nos campos de população refugiada supra mencionados, enveredando por uma solução de iure constituendo. Para tanto, iremos focar a resposta dada quer pelo sistema de justiça estadual quer pelo sistema de justiça tradicional, de que constitui exemplo a Shimgelena (à qual recorre uma parte da população refugiada no campo de Mai Ayni na Etiópia) e a Maslaha (à qual recorre uma parte da população refugiada no campo de Kakuma no Quénia), e estabelecer um paralelo com os modelos de justiça retributiva e justiça restaurativa, analisando qual a possibilidade de, à semelhança do que acontece em alguns países de que é exemplo Portugal, de também a Etiópia e o Quénia integrarem a mediação penal (um dos mecanismos da justiça restaurativa) no seu sistema de justiça penal formal. É com base no paralelismo entre os modelos em análise que iremos explorar uma possível solução para as sobreviventes de Violência Sexual e de Género as quais clamam por Justiça.
This dissertation will focus on Sexual and Gender-Based Violence in refugee camp, because this issue has scarce references in portuguese, we will focus two researches developed in two refugee camps. One research was developed by YONAS GEBREIYOSUS in Mai Ayni refugee camp in Ethiopia. The other research was developed by CLAIRE WAITHIRA MWANGI in Kakuma refugee camp in Kenya. With this thesis we do not intend to try to diagnosis the situation of refugee in the refugee camp, recent studies and projects and researches developed by NGOs, which have focused on Sexual and Gender-Based Violence, since the 1980’s, will allow us to understand the refugee situation and their experiences in every phase of the refugee cycle. What we propose to do in this dissertation is based on the researches already developed, to reflect which answers could be given to these cases. In order to do that we will try to develop an iure constituendo solution for Sexual and Gender- Based Violence in refugee camp based in issues already developed in other researches analysed in this dissertation. Therefore, we will focus on the solutions given either by Kenya’s and Ethiopia’s legal system and also by the traditional justice system, e. g. Shimgelena (traditional justice system in Mai Ayni refugee camp in Ethiopia) and the Maslaha (traditional justice system in Kakuma refugee camp in Kenya) and draw a parallel with the retributive justice and restorative justice, studying the impact of the introduction of a restorative mechanism in the Kenya’s and Ethiopia’s legal system, like the one introduced in Portugal and in other countries, with special focus on mediation (one of restorative justice mechanisms). Based on that parallelism between those models of justice mentioned above we will explore a possible solution for Sexual and Gender-Based Violence survivors who cry out for justice.