PhD Theses

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Browsing PhD Theses by Subject "Africa, East"

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    The East African court of justice and human rights protection: challenges and opportunities
    (University of Dar es Salaam, 2016) Luambano, Tasco Romanus
    The study at hand examines the East African Court of Justice (EACJ) and the status of Human Rights protection in the EAC Partner States. The study postulates that, the EACJ is not particularly effective in protecting human rights in EAC Partner States. This hypothesis was based on two major premises. First, the EACJ is hampered by legal challenges in protecting and promoting human rights in the EAC Partner States. Second, lack of opportunities hinders the EACJ in protecting and promoting human rights in the EAC. In a nutshell, the study reveal that the most serious legal challenge undermining the EACJ is ambivalence in defining the Court’s mandate in human rights cases. Nonetheless, the EACJ continues to hear and determine cases which involve human rights violation. Apart from its contentious human rights jurisdiction, the EACJ also operates in an ad hoc fashion. Other identified challenges includes; poor public awareness, absence of an effective enforcement mechanism of court’s judgments, language barrier and differences in the legal system among the EAC Partner States. Finally, the study urges the EAC Partner States to adopt an additional Protocol to vest the EACJ with human rights jurisdiction. Further, the EAC Bill of Rights needs to be integrated into the EAC legal framework along with enhanced public awareness. Furthermore, the study call upon the EAC Partner States to put in place a feasible mechanism of enforcing the Court’s judgments, in addition to increasing the EACJ’s budget and engaging Judges on a permanent and pensionable basis.
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    The right to compensation for victims of internal armed conflicts in east Africa: a case study of genocide victims in Rwanda
    (Unversity of Dar es Salaam, 2014) Mongella, Lillian Mihayo
    This thesis examines the right to compensation that victims of internal armed conflicts have or ought to have for the harm suffered during conflicts. The study focuses on the conflicts in East Africa, particularly the Rwandan Tutsi genocide. Two research techniques being, library review and field research, were employed for gathering relevant data for the research study. Documentary review included international instruments, national legislation, books, reports, papers, articles and cases adjudicated in courts at international and national levels. Methods employed in field research were interviews and discussions with various experts in the area of reparation and victimology. This research study has revealed that victims of armed conflict have a right to be compensated for the harm suffered during conflicts. This right has been asserted in various international and national legal instruments. However, in practice, it has been very difficult for victims to obtain compensation. Victims of the Rwandan Tutsi genocide in particular have not yet received any compensation. Some of them have tried to obtain compensation through court process, but have not been able to execute the court judgment due to a number of reasons, such as, perpetrators being indigent. The government of Rwanda is in a process of setting up a Compensation Fund, but it is not certain as to when the said fund shall start to function. This study recommends that specific laws at international and national levels should be enacted to facilitate victims to easily obtain compensation. Rwanda should remove all the legal impediments obstructing victims from obtaining compensation. The international community should assist Rwanda in the process of compensating victims.