Women and Law Reform in Post-war Sierra Leone

Author(s):  
Peter A. Dumbuya
Keyword(s):  
2021 ◽  
pp. 1-22
Author(s):  
Catherine E. Bolten ◽  
Richard Marcantonio

Abstract Post-war Sierra Leone has experienced a population explosion that has raised questions among rural farmers about the relationship between family size and poverty. Agricultural decline and the high cost of schooling are not prompting parents to articulate a desire for smaller families; rather, they highlight that the uncertainty around articulating the “right” number of children is unresolvable because the ability to send children to school is predicated on increasing agricultural outputs that decline precisely because population pressure has reduced soil fertility. Bolten and Marcantonio conclude that this renders family size the heart of a paradox, where there is no optimal number of children.


2021 ◽  
Vol 8 (10) ◽  
pp. 158-167
Author(s):  
MaryAnne Iwara

This paper examines post-conflict peacebuilding activities in Sierra Leone by critically looking at the role of economic actors in the reintegration process of its post-war Disarmament Demobilization, and Reintegration (DDR) initiative. The civil war that lasted for 11 years in Sierra Leone, put doubts on the national governments ability to effectively provide both victims and perpetuators, the necessary protection and assistance needed to fully assume responsibilities within the communities. Because of this, poverty was further entrenched, thereby increasing the countries susceptibility to return to conflict. Though reintegration processes are continuous, integrative and involve exhaustive budgetary commitments, the process, in Sierra Leone was short-termed, not well coordinated and took time to begin delivering. With the United Nations, World Bank and the weak national government leading the process, financing was often insufficient or late, in combination with the lack of a coherent planning strategy; all these factors contributed to lapses in socio-economic profiling, skills and vocational training and spread disillusionment and resentment among ex-combatants and victims. Using content analysis, the paper argues that, post-war countries need active, equitable and profitable economic sectors if they are to graduate from conflict and from post-conflict aid-dependency. Moreover, as social contracts and corporate social responsibility to communities they govern and operate in, economic actors must create enabling environments and, generate jobs to support legitimate local capacities. The utility of this paper lies in the idea that for any post-conflict country to attain long-term social and economic development, reintegration programme design and activities, must holistically incorporate critical economic actors.  


Author(s):  
Heike Krieger

AbstractSentenza 238/2014 is an important judgment which does not only concern the concrete case at hand but also pushes for a change in the law of state immunity. However, such attempts at law-making by national courts may not always attain their goal but may exert adverse effects which are harmful for the international legal order. Sentenza 238/2014 may have an impact on three different yet related issues central to the future development of international law: the relationship between international and national law, exceptions to immunities, and individual reparations in cases of mass atrocities.This chapter criticises law-making through non-compliance with international judicial decisions by national courts. Judges in democratic states under the rule of law who try to push for law-reform, by initiating non-compliance with decisions of international courts, should be aware that they may act in the company, and thereby in support of, courts in regimes with autocratic tendencies, such as the Russian Constitutional Court, which refuses to comply with judgments of the European Court of Human Rights. Furthermore, the chapter argues that immunity from jurisdiction and immunity from execution should be kept distinct and that human rights exceptions should not be applied to immunity from execution. Such a differentiation remains justified because measures of constraint against property used for government non-commercial purposes intrude even further onto sovereign rights than the institution of proceedings before courts in the forum state. It is particularly difficult for states to protect assets and other property situated in a foreign state. These assets may therefore be more susceptible to abusive enforcement measures while simultaneously forming an essential basis for the actual conduct of international relations.The chapter concludes by advocating a cautious approach to individual reparations in cases of mass atrocities. This more cautious approach observes the complexities of ending armed conflicts and negotiating peace deals. An individual right to monetary compensation based on civil claims processes does not allow for taking into account broader political considerations related to establishing a stable post-war order. Such a right is conducive to bilateral settlements between the state parties concerned, which might create new injustices towards other groups of victims. It might also overburden negotiations for a settlement to an ongoing armed conflict.The chapter thereby starts from the assumption that the stability of the international legal order itself as guaranteed by concepts such as immunities or the respect for its judicial organs serves to protect human rights, albeit indirectly.


2012 ◽  
Vol 39 (1) ◽  
pp. 91-112 ◽  
Author(s):  
CHRISTINE CUBITT

AbstractContemporary peacebuilding operations are often mandated to rebuild ‘collapsed’ or weak states and provide unique opportunities for internationals to exert far reaching influence in their reconstruction. The responsibility to help secure peaceful transformations and longer term stability is profound. This article explores the issue of efficacy and propriety in reconstruction programming and draws from field work in Sierra Leone – a rare example of ‘success’ for international partners in peacebuilding missions. The assertion is made that, despite the euphoria over the mission in Sierra Leone, the peacebuilding operations were more about the mechanics of statebuilding than the local politics of building peace, and that there was a distinct disconnect between the policy rhetoric and the policy practice. The argument is put that the pressing local concern of giving citizens a stake in government was not best served in the reconstruction project because the wider and more influential objectives of the peacebuilding mission were about meeting international goals not local aspirations. This reality has come at the cost of exploiting a unique opportunity for creative thinking about the kind of state structures which can better address the main challenges for sustainable peace facing post-war states like Sierra Leone.


1959 ◽  
Vol 58 (232) ◽  
pp. 210-220 ◽  
Author(s):  
A. B. COTAY
Keyword(s):  

2021 ◽  
pp. 13-30
Author(s):  
Rotem Giladi

The Introduction notes the tendency of international law and Jewish history scholars to read the international law engagement of Jewish scholars as a cosmopolitan project yet limit inquiry to the period preceding Israel’s establishment and the ‘sovereign turn’ in modern Jewish history; as well as the emphasis, in scholarship on Israel’s foreign policy, on the ‘Jewish aspect’ of the Jewish state’s international outlook. Against this backdrop, the Introduction presents the object, scope, and underlying argument of the book: a study of Israel’s early ambivalence towards three post-war international law reform projects, at the United Nations arena, given voice by two Ministry of Foreign Affairs legal advisers. The Introduction points to ideology as the force driving the protagonists’ ambivalence towards international law. It argues that how Jacob Robinson and Shabtai Rosenne approached international law was determined by pre-sovereign sensibilities expressing the creed of the Jewish national movement and its political experience.


Subject Sierra Leone's new president Significance Julius Maada Bio of the opposition Sierra Leone People's Party (SLPP) was elected as Sierra Leone's new president on April 4. According to the National Electoral Commission, Maada Bio secured 51.8% of votes cast to defeat Samura Kamara of the ruling All People's Congress (APC). Despite pockets of election-related violence and disputes over some results, the peaceful transfer of power represents the second democratic transition between political parties in the post-war period. Impacts The new parliament could offer greater legislative scrutiny than in recent years. Sporadic election-related violence, often ethno-regional, is likely to subside in the short term. Despite intense political pressure, courts showed relative independence during the election cycle.


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