scholarly journals State-induced Famine in Eritrea: Persecution and Crime against Humanity

2017 ◽  
Vol 10 (4) ◽  
pp. 1 ◽  
Author(s):  
Bahlbi Y. Malk
Keyword(s):  
Criminal Court ◽  
African Countries ◽  
Humanitarian Crisis ◽  
International Borders ◽  
The Common ◽  
Sub Saharan ◽  
The One ◽  
The Right ◽  
Mass Starvation ◽  
Causes Of Deaths

Famine remains one of the major causes of deaths and displacements in the Sub-Saharan African countries where people have continuously been compelled to cross international borders in search of livelihood securities. There is no question that the continent has been exposed to erratic rainfalls, crop failures and droughts, but contemporary famine has less to do with natural-related crop failures and much to do with poor governance. The author argues that state’s premeditated action, inaction and incompetency to respond to insecurity and threats are largely responsible for African famines. Due to historical misperception of African famine and oversimplification of refugees’ motives from Africa, however, food-based persecution has not been a common subject of research. Besides, the absence of drought does not necessary mean the absence of famine either, because the aforementioned factors frequently cause it to happen even in the middle of plenty. Therefore, the purpose of this paper is to explore how government’s action or inaction can lead to famine in the absence or presence of drought which in return forces people to escape from drastically deteriorating conditions of existence by flight. The goal of this paper is mainly to challenge the common perception that famine as being the drought-induced outcome of humanitarian crisis in Africa and refugees as being victims of the natural circumstance. Thus, this paper argues that a government that deprives its citizens of the basic necessity such as the right to food is as dangerous as the one that persecutes its citizens on the five Convention grounds. Hence, taking Eritrea as a case example, this article discusses chronic food insecurity and mass starvation as a state-induced disaster, which I believe should be considered a crime against humanity under the Rome Statute of the International Criminal Court.

Extradition Between European and African Countries: Overcoming the Challenges

2021 ◽  
Vol 11 (3) ◽  
pp. 288-319
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Criminal Court ◽  
European Countries ◽  
Criminal Proceedings ◽  
African Countries ◽  
European Court ◽  
Real Risk ◽  
Civil Proceedings ◽  
The Right

Although EU states use the European Arrest Warrant (EAW) for the purpose of surrendering a person who is accused of committing an offence or who has been convicted of an offence, they use extradition when dealing with countries outside the EU. However, they use surrender when dealing with the International Criminal Court (ICC). Thus, extradition is one of the ways in which African and European countries (especially EU members) are cooperating in the fight against crime. Case law from courts in some African and European countries and from the European Court of Human Rights, the Human Rights Committee and the Committee against Torture, shows that extraditions between African and European countries have been delayed or hampered by allegations of human rights violations in the requesting state. These allegations have focused on mainly two rights: the right to a fair trial and the right to freedom from torture. The European Court of Human Rights has held that the extradition of a person should not go ahead if his or her trial was or will amount to a flagrant denial of justice or where there is a real risk of being subjected to torture. Although African courts and international human rights bodies have also held that extradition should not go ahead where there is a real risk that the person will be subjected to torture or where his/her trial will be unfair, they have not adopted the ‘flagrant denial of justice’ test. The case law also shows that some people have challenged the legal basis for their extradition. This article highlights this case law and suggests ways in which some of the challenges associated with extradition could be overcome. The article demonstrates that courts in some African and European countries have considered the nature of extradition enquiries. In some countries, such as Kenya, courts have held that extradition enquiries are criminal proceedings. However, in the United Kingdom, courts have held that extradition enquiries are criminal proceedings of a special type. There is consensus that extradition enquiries are not civil proceedings.

Religion's ‘Foundation in Reason’: The Common Sense of Hume's Natural History

1994 ◽  
Vol 24 (4) ◽  
pp. 565-581
Author(s):  
M. Jamie Ferreira
Keyword(s):  
Common Sense ◽  
The Other ◽  
Rational Justification ◽  
Rational Argument ◽  
Regular Model ◽  
The Common ◽  
The One ◽  
The Right ◽  
Forceful Critique ◽  
Critique Of Religion

David Hume’s critique of religion reveals what seems to be a vacillation in his commitment to an argument-based paradigm of legitimate believing. On the one hand, Hume assumes such a traditional (argumentbased) model of rational justification of beliefs in order to point to the weakness of some classical arguments for religious belief (e.g., the design argument), to chastise the believer for extrapolating to a conclusion which outstrips its evidential warrant. On the other hand, Hume, ‘mitigated’ or naturalist skeptic that he is, at other times rejects an argumentbased paradigm of certainty and truth, and so sees as irrelevant the traditional or ‘regular’ model of rational justification; he places a premium on instinctive belief, as both unavoidable and (usually) more reliable than reasoning. On this view, a forceful critique of religion would have to fault it, not for failing to meet criteria of rational argument (failing to proportion belief to the evidence), but (as Hume sometimes seems to) for failing to be the right sort of instinct.

scholarly journals Angola - an Oil Dependant Country in Sub-Saharan Africa

2016 ◽  
Vol 9 (35) ◽  
pp. 233-242
Author(s):  
Boris Baumgartner
Keyword(s):  
South Africa ◽  
World Economy ◽  
Sub Saharan Africa ◽  
African Countries ◽  
The Third ◽  
The World ◽  
Sub Saharan ◽  
The One ◽  
Rich Countries ◽  
Essential Problem

Abstract The Sub-Saharan Africa belongs to the most underdeveloped regions in the world economy. This region consists of forty nine countries but it’s world GDP share is only a small percentage. There are some very resource rich countries in this region. One of them is Angola. This former Portuguese colony has one of the largest inventories of oil among all African countries. Angola recorded one of the highest growth of GDP between 2004-2008 from all countries in the world economy and nowadays is the third biggest economy in Sub-Saharan Africa after Nigeria and South Africa. The essential problem of Angola is the one-way oriented economy on oil and general on natural resources. Angola will be forced to change their one-way oriented economy to be more diversified and competitive in the future.

scholarly journals Creating a Servitude to solve an Encroachment Dispute: A Solution or creating another Problem?

2017 ◽  
Vol 16 (5) ◽  
pp. 454
Author(s):  
Zsa-Zsa Temmers Boggenpoel
Keyword(s):  
South African ◽  
Common Law ◽  
Court Order ◽  
General Application ◽  
African Context ◽  
Personal Level ◽  
The Common ◽  
The Creation ◽  
The One ◽  
The Right

The main focus of this note is the case of Roseveare v Katmer, Katmer v Roseveare 2013 ZAGPJHC 18, which provides an interesting (though possibly constitutionally problematic) perspective to the encroachment problem. The decision in this case has opened the door for courts to create servitudes in instances where encroachments are left intact based on policy reasons. Concerning these policy reasons, the note investigates the reasonableness standard as it was applied in the case. It is argued that it is important to differentiate between the applications of reasonableness in encroachment cases and alleged nuisance disputes. The decision in this case creates the impression that courts may now order that a servitude be registered in favour of the encroacher against the affected landowner’s property. It seems as though the court had in mind the creation of a praedial servitude to justify the continued existence of the encroachment. The servitude is created by court order against the will of the affected landowner. At common law, the creation of a servitude in this respect does not exist, and the authority from which the power derives to make an order like this is not entirely clear. The court also does not provide any authority for the creation of the servitude in favour of the encroacher. Consequently, it is argued that this may have serious constitutional implications. For one, lack of authority for the deprivation that results may be unconstitutional because there is no law of general application that authorises the deprivation in terms of section 25(1). The creation of a servitude to explain the continued existence of the encroachment is not automatically included in the general discretion to replace removal with compensation. It is contended that an order that forces the affected landowner to register a servitude in favour of the encroacher to preserve the existing encroachment situation will be in conflict with section 25(1) as far as the common law does not authorise such an order. Furthermore, an order creating a servitude against the affected landowner’s will need to be separately justified in terms of the non-arbitrariness requirement in section 25(1). In this respect, the order will be unjustified and therefore arbitrary on both a general and personal level. Although this decision eliminates the enduring problem in encroachment law concerning the rights of the respective parties to the affected land where encroachments are not removed, it is reasoned in this note that the solving of this problem may have created another one. The decision is undoubtedly a step in the right direction, in so far as the court has attempted to provide clarity in terms of the rights to the encroached-upon land. However, the absence of authority either in terms of the common law or legislation to create a servitude in this context, indicates that courts should avoid orders of this nature because of their implications. If legislation is enacted to regulate building encroachments, it may be useful to explain what happens when the encroachment is not removed and it may also provide the required law of general application to prevent constitutional infringement. The legislation should specify the nature of the right acquired by the encroacher, which in the South African context should probably be a servitude created against the affected landowner’s property. This may ensure that the required authority exists for the creation of the servitude and would also provide the necessary justification to prevent the arbitrary deprivation of property. It is accordingly submitted that the unnecessary confusion that results from the inability to explain the outcome (or provide sufficient reason) on the one hand, and the possible constitutional infringement due to the lack of authority on the other, may therefore be cleared up by the suggested legislation.

Ceteris Paribus—The Danger of the Increment

Philosophy ◽  
1941 ◽  
Vol 16 (62) ◽  
pp. 151-168 ◽  
Author(s):  
Lord Stamp
Keyword(s):  
Ceteris Paribus ◽  
Rational Mind ◽  
The Common ◽  
Freedom Of Thought ◽  
Common Man ◽  
The Many ◽  
The One ◽  
The Right ◽  
The Masses

The final persistence of democracy depends upon whether its right decisions outweigh the wrong ones in number and value, though conceivably one really bad decision might ruin the structure built on all the right ones. It is passing from the stage where a few reasoning leaders govern the masses through their emotions, to the next perilous stage in which every man's thoughts matter. Right decisions depend upon access to relevant facts and doing the right thinking about them. It is of the essence of Nazi philosophy that general liberty of thought is self-destructive, the common man not being rational; it is of the essence of Nazi practice to flatter the many by the pretence that their thinking does matter, but to control and modify the whole supply of factual material upon which they must reason. One declared to me once that he favoured freedom of thought and was not afraid of it, for if he was allowed to supply the “facts” any ordinary rational mind could come to only one conclusion, viz. the one he intended. And in the process the ordinary man might remain proud of his reasoning power, so long as he could be sheltered from seeing the falsity of his conclusions. Control of facts must be perpetual, and cats must never be allowed to get out of bags. But in a democracy, where facts are all born free (and much too equal), it is the thinking about them that really matters.

Neutrality and the Common Market: The Soviet View

1971 ◽  
Vol 6 (2) ◽  
pp. 65-75 ◽  
Author(s):  
Daniel Tarschys
Keyword(s):  
Third World ◽  
Western Europe ◽  
Common Market ◽  
Highly Active ◽  
Legal Implications ◽  
Soviet View ◽  
The Common ◽  
The One ◽  
The Right ◽  
The Third World

The Soviet doctrine on the legal implications of neutrality is liberal with regard to the non-aligned nations in the third world but rigid with regard to the neutral states in Western Europe. On the one hand, Soviet jurists defend the right of neutral countries to pursue a highly active foreign policy. On the other, they contend that neither membership nor association with the Common Market is compatible with Swedish, Austrian, or Swiss neutrality. This inherent tension in the Soviet theory of neutrality is not resolved at the level of abstract definitions of neutrality and neutralism where the liberal interpretation tends to prevail.

African Smallholder Farmers on the Move: Farm and Non-Farm Trends for Six Sub-Saharan African Countries, 2002–15

2018 ◽  
Author(s):  
Magnus Jirström ◽  
Maria Archila Bustos ◽  
Sarah Alobo Loison
Keyword(s):  
Crop Production ◽  
Crop Yields ◽  
Smallholder Farmers ◽  
Crop Productivity ◽  
Sub Saharan Africa ◽  
African Countries ◽  
Production Area ◽  
Sub Saharan ◽  
The One ◽  
High Degree

This chapter provides a broad descriptive background of central aspects of smallholder agriculture in six countries in sub-Saharan Africa (SSA). It offers an up-to-date picture of the current trends of crop production, area productivity, levels of commercialization, and sources of cash incomes among 2,500 farming households. Structured around smallholder production, commercialization, and diversification in the period 2002–15, the chapter points on the one hand at persistent challenges such as low crop yields, low levels of output per farm, and a high degree of subsistence farming, and on the other hand at positive change over time in terms of growth in crop production and increasing levels of commercialization. It points at large variations not only between countries and time periods but also at the village levels, where gaps in crop productivity between farms remain large. Implicitly it points at the potential yet to be exploited in the SSA smallholder sector.

Loving Judaism through Christianity

2020 ◽  
Vol 26 (1) ◽  
pp. 88-124
Author(s):  
Shaul Magid
Keyword(s):  
World War Ii ◽  
Common Knowledge ◽  
World War ◽  
Life Choices ◽  
The New Testament ◽  
Bona Fide ◽  
The Common ◽  
The One ◽  
The Right ◽  
Law Of Return

This contribution to the Common Knowledge symposium on xenophilia examines the life choices of two Jews who loved Christianity. Elijah Zvi Soloveitchik, born into an ultra-Orthodox, nineteenth-century rabbinic dynasty in Lithuania, spent much of his life writing a Hebrew commentary on the Gospels in order to document and argue for the symmetry or symbiosis that he perceived between Judaism and Christianity. Oswald Rufeisen, from a twentieth-century secular Zionist background in Poland, converted to Catholicism during World War II, became a monk, and attempted to immigrate to Israel as a Jew in 1958. Rufeisen, while permitted to move to Israel to join a Carmelite monastery in Haifa, was denied the right to immediate citizenship of Israel which the Law of Return guarantees to all bona fide Jews. And this particular Soloveitchik has largely been forgotten, given the limits of Jewish interest in the New Testament and of Christian attention to rabbinic literature. This article explores the complex and vexing questions that the careers of these two men raise about the elusive distinctions between Judaism and Christianity, on the one hand, and, on the other, between the Jewish religion and Jewish national identity.

scholarly journals Success in Africa: People with disabilities share their stories

2019 ◽  
Vol 8 ◽  
Author(s):  
Tom Shakespeare ◽  
Anthony Mugeere ◽  
Emily Nyariki ◽  
Joseph Simbaya
Keyword(s):  
Life Histories ◽  
People With Disabilities ◽  
Sub Saharan Africa ◽  
Economic Success ◽  
Disabled People ◽  
Framework Analysis ◽  
African Countries ◽  
Private And Public ◽  
Sub Saharan ◽  
The Right

Background: Whereas most narratives of disability in sub-Saharan Africa stress barriers and exclusion, Africans with disabilities appear to show resilience and some appear to achieve success. In order to promote inclusion in development efforts, there is a need to challenge narratives of failure.Objectives: To gather life histories of people with disabilities in three sub-Saharan African countries (Kenya, Uganda and Sierra Leone) who have achieved economic success in their lives and to analyse factors that explain how this success has been achieved.Methods: Qualitative research study of economic success involving life history interviews with 105 participants with disabilities from both urban and rural settings recruited through disabled people’s organisations and non-governmental organisation partners, framework analysis of transcripts to chart success and success factors.Results: Participants had faced barriers in education, employment and family life. They had largely surmounted these barriers to achieve success on an equal basis with others. They were working in private and public sectors and were self-employed farmers, shopkeepers and craftspeople.Conclusion: The findings of this study suggest that, given the right support, disabled people can achieve economic success, with the implication being that investment in education or training of disabled people can be productive and should be part of overall development efforts for economic reasons, not solely to achieve social justice goals.

القياس اضيع [Likening Can Be Misleading]: Reflections on Africa and Africans in Guantánamo

2020 ◽  
Vol 63 (2) ◽  
pp. 403-410
Author(s):  
Mohamedou Ould Slahi
Keyword(s):  
Total Population ◽  
African Continent ◽  
North African ◽  
African Countries ◽  
Detention Facility ◽  
The Common ◽  
Sub Saharan ◽  
Middle Easterners ◽  
Looking Back ◽  
The U.S

Looking back on my incarceration in Guantánamo from the relative security of my home in Nouakchott, I now realize how significant the African presence was in the illegal detention facility. While at the time, and as my Guantánamo Diary makes clear, our captors treated us primarily as Muslims, jihadis, Arabs, and Middle Easterners, the reality was that many of us were first and foremost African. We were born in African countries, our citizenship was that of African nations, we were handed over or surrendered by our own African governments to the U.S., and we shared the common experiences of Africans. The ASA forum held in celebration of my memoir has enabled me to reflect further on this and on what happens when we rethink Gitmo as a place of African detention, created by the collaboration of independent African governments. Fewer than one hundred detainees in Guantánamo hailed from the African continent, which is 12 percent of the total population at its peak. Algeria and Morocco had the most representation, and most detainees were North African, but sub-Saharan Africans featured prominently too. In this commentary, I want to share a little bit about my experience, with a view to making Guantánamo Diary more comprehensible to an Africanist audience.

Sign in / Sign up

Export Citation Format

Share Document