Ethiopia anti-terrorism law will remain prone to abuse

2020 ◽  
Keyword(s):  
Political Expression ◽  
Content Type ◽  
Key Features ◽  
The Law ◽  
The Government ◽  
Election Violence

Subject Revision of Ethiopia's controversial anti-terrorism law. Significance The House of Peoples’ Representatives this month adopted a revised Proclamation to Provide for the Prevention and Suppression of Terrorism, which replaces the much-criticised 2009 Anti-Terrorism Proclamation. While the new law represents an improvement, several key features of the old law that were used to muzzle or deter legitimate criticism and opposition to government remain in place. Impacts The law could be used to designate rogue elements of the Oromo Liberation Front still fighting the government as a terrorist organisation. The threat of application could reduce incitement of pre- and post-election violence. The law may deter controversial political expression, particularly by supporters of ethno-nationalist groups.

Combating corruption in Nigeria and the constitutional issues arising

2016 ◽  
Vol 23 (4) ◽  
pp. 700-724 ◽  
Author(s):  
Akume T. Albert
Keyword(s):  
Analytical Method ◽  
Design Methodology ◽  
Original Work ◽  
Social Implications ◽  
Plea Bargain ◽  
Content Type ◽  
Documentary Sources ◽  
The Law ◽  
The Government ◽  
Practical Implications

Purpose The purpose of this paper therefore is to identify and examine major issue-areas in law, prominent among which are the Plea-Bargain and S308 Immunity Clause, and how they impact the process of effectively combating corruption in Nigeria. Design/methodology/approach The paper uses documentary sources and analytical method to examine the issues involved. Findings The identified issue-areas are inhibitors rather than facilitators. Research limitations/implications The implication is that the government needs to change the existing laws to strengthen the fight against corruption. Practical implications This is to ensure that the war against corruption is strengthened and effective. Social implications To ensure that offenders face the full weight of the law for their action. Originality/value This paper is the author's original work and all references are appropriately acknowledged.

Wagner’s law and governments’ functions: granularity matters

2019 ◽  
Vol 46 (2) ◽  
pp. 446-466 ◽  
Author(s):  
Joao Jalles
Keyword(s):  
Panel Data ◽  
Government Spending ◽  
Functional Form ◽  
Emerging Market ◽  
Content Type ◽  
Wagner’S Law ◽  
Potential Gdp ◽  
Wagner's Law ◽  
The Law ◽  
The Government

Purpose The purpose of this paper is to assess the responses of different categories of government spending to changes in economic activity. In other words, the authors empirically revisit the validation of the Wagner’s law in a sample of 61 advanced and emerging market economies between 1995 and 2015. Design/methodology/approach The authors do so via panel data instrumental variables and time-series SUR approaches. Findings Evidence from panel data analyses show that the Wagner’s law seems more prevalent in advanced economies and when countries are growing above potential. However, such result depends on the government spending category under scrutiny and the functional form used. Country-specific analysis revealed relatively more cases satisfying Wagner’s proposition within the emerging markets sample. The authors also found evidence of counter-cyclicality in several spending items. All in all, the Wagner’s regularity seems more the exception than the norm. Originality/value While in the literature on the size of the public sector with respect to a country’s level of economic development has received much attention, the authors make several novel contributions: since some economists criticized Wagner’s law because of ambiguity of the measurement of government expenditure (Musgrave, 1969), instead of looking at aggregate public expenditures, the authors go much more granular into the different functions of government (to this end, the authors use the Classification of Functions of the Government nomenclature). The authors check the validity of the Law via an instrumental variable approach in a panel setting; after that, the authors take into account the phase of the business cycle using a new filtering technique to compute potential GDP (output gap); then, the authors cross-check the baseline results by considering alternative functional form specifications of the Law; and finally, the authors look at individual countries one at the time via SUR analysis.

Tunisia pre-poll tactics reveal democratic flaws

2019 ◽  
Keyword(s):  
Presidential Elections ◽  
Democratic Transition ◽  
Constitutional Court ◽  
Opinion Poll ◽  
Electoral Process ◽  
Content Type ◽  
Charitable Organisation ◽  
The Law ◽  
The Government ◽  
Electoral Law

Significance Tunisia will hold legislative and presidential elections on October 6 and November 10, respectively. On June 18, parliament passed an amendment to electoral law barring individuals who use their media or other organisations for campaigning from running for office. Karoui was the frontrunner to win the presidency in a June 12 opinion poll published by Sigma Conseil, but will be prevented from running if the law enters force. He owns Nessma TV, which has been critical of the government, as well as a charitable organisation. This makes the amendment look as though it is targeting individuals who could threaten the major parties’ control of government. Impacts Tunisia may have set a precedent for preventing media personalities or wealthy populists from using their influence to become politicians. The ruling coalition may lose support if it is seen to be manipulating the electoral process to ensure victory. This case highlights the urgency of establishing a constitutional court to protect Tunisia’s democratic transition and consolidation.

New measures may not appease violent protests in Chile

2019 ◽  
Keyword(s):  
Middle Class ◽  
Economic Model ◽  
Radical Change ◽  
The Political ◽  
Content Type ◽  
Lower Middle Class ◽  
Business Elite ◽  
The Past ◽  
The Law ◽  
The Government

Subject Continuing violent protests. Significance The wave of demonstrations and violence that has rocked Santiago and most other Chilean cities over the past few days, shocking Chileans themselves, is essentially a protest against the “1%”, in other words the political and business elite. However, this does not mean, at least for now, that Chileans want a radical change in the predominantly neoliberal economic model, but rather a fairer share of its proceeds and opportunities. Impacts Repair of some sections of the Metro could take months, to the detriment of mostly lower-middle-class neighbourhoods of Santiago. The disruption of activity will pull down growth this year, which was already expected to drop to around 2.5% from 4.0% in 2018. Growing reports of police and army brutality and violations of the law are further polarising the situation. For the rest of its term the government will be at the mercy of events and will have to negotiate agreements with the opposition.

China's cybersecurity law will constrain foreign firms

2016 ◽  
Keyword(s):  
Data Privacy ◽  
Public Consultation ◽  
Foreign Firms ◽  
Social Stability ◽  
Legal Basis ◽  
Content Type ◽  
User Data ◽  
The Law ◽  
The Government ◽  
Definition Of

Subject China's forthcoming cybersecurity legislation. Significance Public consultation has just opened on a new draft cybersecurity law. The draft's definition of 'security' includes not only technical elements but also regime survival and social stability. Impacts Operators of 'critical information infrastructure' will have to localise their user data within the territory of China. The law could provide a legal basis for retaliating against efforts to circumvent the Great Firewall. The government will support China's IT sector, considering technological independence necessary for national security. The law will place new obligations on businesses regarding protection of data privacy.

Institutionalizing the fight against money laundering in Tanzania: the potential, limitations and challenges

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Eugene E. Mniwasa
Keyword(s):  
Money Laundering ◽  
Sub Saharan Africa ◽  
Institutional Framework ◽  
Content Type ◽  
Institutional Frameworks ◽  
Analysis Technique ◽  
Legal Perspective ◽  
The Law ◽  
Sub Saharan ◽  
The Government

Purpose This paper aims to examine the authorities tasked to fight against money laundering in Tanzania and appraise the efficacy of the country’s anti-money institutional framework to tackle the problem. Design/methodology/approach The paper draws on a qualitative research and data generated from the analysis of documentary materials. It surveys the anti-money laundering (AML) law in Tanzania to describe the legal and institutional frameworks for tackling money laundering. It explores law-related and non-law aspects to interrogate and appraise the efficacy of Tanzania’s AML law and authorities. The qualitative data were generated using the thematic content analysis technique. Findings The law in Tanzania establishes authorities and vests them with powers to combat money laundering. The authorities, which are part of Tanzania’s AML institutional framework, have been instrumental in combating money laundering. Nevertheless, several law-related and non-law factors emasculate the efficacy of the AML law and authorities in Tanzania. Some political and economic factors wear off the effectiveness of the country’s AML institutional framework. The transnational nature and complexity of money laundering overwhelm the capacity of the AML authorities in Tanzania. Practical implications The paper provides useful insights on money laundering and the legal regime to counteract the scourge in Tanzania which sets up the country’s AML institutional framework. It raises some issues for researchers, policymakers and law enforcers who can re-examine the problem and revisit the law and re-evaluate authorities and propose measures that will enable the government to reinforce the country’s AML regime. The paper makes a case for the government to implement the reforms of the country’s AML policy, legal and institutional frameworks. Originality/value The paper investigates issues relating to money laundering and its control in Tanzania beyond the legal perspective to uncover limitations and challenges that emasculate the efficacy of the AML authorities in the Tanzanian context. The issues examined in this paper are not unique to Tanzania and, hence, have relevance to other jurisdictions in sub-Saharan Africa.

New law threatens democracy in Nicaragua

2021 ◽  
Keyword(s):  
Political Parties ◽  
Economic Pressure ◽  
National Liberation ◽  
Content Type ◽  
National Liberation Front ◽  
General Elections ◽  
The Law ◽  
The Government

Significance The legislation has been denounced by the opposition, which claims its provisions could be used to prevent particular individuals from standing for office. The law, in conjunction with several others approved recently, appears to be an attempt by the ruling Frente Sandinista de Liberacion Nacional (Sandinista National Liberation Front, FSLN) to crack down on opponents ahead of November’s general elections. Impacts Incoming US President Joe Biden will maintain economic pressure on the government alongside a renewed push for diplomatic engagement. The successful acquisition and rollout of COVID-19 vaccines will be a key test for the government and could greatly affect its popularity. Any moves to bar opposition political parties would spark a domestic and international outcry, risking renewed unrest.

The anti-money laundering law in Tanzania: Whither the ongoing “war” against economic crimes?

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Eugene E. Mniwasa
Keyword(s):  
Money Laundering ◽  
Research Approach ◽  
Economic Activities ◽  
Content Type ◽  
Legal Reforms ◽  
Documentary Sources ◽  
The Law ◽  
Media Reports ◽  
The Government ◽  
Economic Crimes

Purpose This paper aims to explore the evolution of the law for combating economic crimes including money laundering in Tanzania and explore the current developments in the anti-money laundering (AML) law and the ongoing fight against these crimes in Tanzania. Design/methodology/approach A desk-based review of documents on money laundering and its control in Tanzania was conducted. The paper presents qualitative data from the documentary sources. It applies the doctrinal legal research approach to examine, analyze and describe the AML law applicable in Tanzania. The paper uses the “law-in-context” research approach to explore some non-law aspects of money laundering in Tanzania and interrogate how the law addresses non-law dimensions of money laundering. Policy documents and media reports were analyzed. The thematic data analysis technique was applied, which involved identifying, describing and reporting issues according to the themes emerging from the data. Findings The AML law in Tanzania emerged from the law that was originally enacted to curb economic crimes. The law has evolved for some decades. Its evolution has been driven by domestic factors and foreign drivers which are political, economic and social in nature. The role of the AML law has been changing. Initially, the law was a tool for curbing economic crimes. Recently, the law has acquired a new role, namely, to facilitate the recovery of illicit funds and non-financial assets from offenders and enable the authorities in Tanzania to use those economic resources for developmental purposes. Research limitations/implications The paper underscores the need for the Government of Tanzania to re-consider the broader implications involved in its current efforts to tackle economic crimes and money laundering. The balance between the implementation of the measures to combat money laundering and economic crimes in Tanzania and the importance of protecting rights of persons indicted with those offences should be struck. The AML law should be applied in such a way not to infringe the rights of the accused persons and not to throttle economic activities including the flow of legitimate foreign investments into Tanzania. Originality/value This paper generates insightful information to policymakers, law enforcers, regulators and other stakeholders who undertake activities to tackle money laundering and its control in Tanzania and researchers who study these issues for purposes of providing understanding of the problem and facilitating policy and legal reforms. The paper raises issues that can be explored further in future and contribute to the discourse on money laundering and its control in Tanzania.

Deliberate concealment

2017 ◽  
Vol 9 (1) ◽  
pp. 32-62
Author(s):  
Sophie Childs ◽  
Tilak A. Ginige ◽  
Hannah Pateman
Keyword(s):  
Local Government ◽  
Planning System ◽  
Property Market ◽  
Content Type ◽  
Enforcement Action ◽  
Secretary Of State ◽  
Borough Council ◽  
The Law ◽  
The Government ◽  
Market Needs

Purpose Welwyn Hatfield Council v Secretary of State for Communities and Local Government [2009] EWHC 966 (Admin), Welwyn Hatfield Council v. Secretary of State for Communities and Local Government [2010] EWCA Civ 26 and Welwyn Hatfield Council v. Secretary of State for Communities and Local Government [2011] UKSC 15 (Beesley hereafter) and Fidler v. Secretary of State for Communities and Local Government [2010] EWHC 143 (Admin), Fidler v. Secretary of State for Communities and Local Government [2011] EWCA civ 1159 (Fidler hereafter) are two recent cases concerning deliberately concealed breaches of planning control. The defendants engaged in dishonest and misleading conduct, in an attempt to rely on a loophole within Section 171B of the Town and Country Planning Act 1990 (T&CPA). This study aims to critically analyse two solutions which were created to close the loophole; in addition, this study analyses various alternative remedies that have been suggested, and finally, whether the present law has been sufficient to remedy the situation. Design/methodology/approach The T&CPA is a key piece of legislation regulating planning controls; Section 171A-C provides the time limits for taking enforcement action against a breach of planning control. To achieve the above purpose, an evaluation of those provisions will be undertaken in detail. Subsequently, this study will analyse two solutions which were created to close the loophole; firstly, the Supreme Court (SC) decision (Welwyn Hatfield Borough Council v. Secretary of State for Communities and Local Government [2011] UKSC 15) and, secondly, the governments’ decision to amend the T&CPA without awaiting the SC’s decision[1]. Findings This research concludes that the government should have awaited the SC’s decision before amending statute to prohibit reliance upon the expiration of time where there is an element of deliberate concealment. Additionally, this study suggests that the statutory amendments were not required in light of the SC’s solution in Beesley. As a result of the governments’ ill-considered decision, uncertainty has permeated through the conveyancing process, causing ambiguity, delays and additional expense in transactions at a time when a precarious property market needs anything but uncertainty. Research limitations implications The scope of this research is limited to deliberate concealment of breaches of planning control and the four-year enforcement period; whilst considering the consequences of the solutions proposed, this study does not provide a detailed overview of the planning system, but rather assumes prior knowledge. Originality/value This study offers a unique assessment of the law relating to the deliberate concealment of planning breaches and offers a thorough criticism of the law with recommendations for reform. Additionally, a variety of alternative solutions are considered. Both legal academics, planning professionals and those interested in planning law will find the paper a thought-provoking digest.

Philippine anti-terrorism law will sow discord

2020 ◽  
Keyword(s):  
Task Force ◽  
The Philippines ◽  
Financial Action Task Force ◽  
Content Type ◽  
Autonomous Region ◽  
Terrorist Financing ◽  
Legal Challenges ◽  
Financial Action Task ◽  
The Law ◽  
The Government

Significance The legislation significantly increases the executive’s power to determine what constitutes terrorism. The government of the fledgling Bangsamoro Autonomous Region in Muslim Mindanao, in the Philippine south, had requested Duterte not to endorse it, believing it will be used primarily against people there. Impacts Authorities will use the law to curb communists, whom Duterte regards as terrorists, as well as suspected Islamist militants. The law may help keep the Philippines off a Financial Action Task Force watchlist of states with weak measures against terrorist financing. Legal challenges to the law will not lead to significant changes to it.

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