The Bail Debate: A Conceptual and Historical Perspective

Image Credit: iStock For several years, President Yoweri Museveni has been an unwavering advocate for the scrapping of bail especially for people accused of capital offences. He describes it a “provocation” to release someone accused of murder for example. The President’s (unpopular) stand on this matter has raised a lot of eyebrows with several pundits […]

The Access to Justice Problem: A Global Outlook

In spite of various efforts and initiatives to enhance access to justice globally, the need for free or heavily subsidised legal services persists. Indeed, the right to access to justice has been described as one of the areas in which “rhetoric outruns reality” because practically, all countries face several challenges in its realisation. By 2017, […]

Access to Justice through a Conceptual Lens

Theoretically, the right to access to justice is premised on the liberal ideals of “equality before the law” and the “rule of law” as well as the capacity of the multiple sections of society to utilise these principles. It traces its roots to the era of the welfare state and growing rights consciousness and was […]

Explaining the “Bundle of Rights” on Land

In the land field, it is always common for actors to make reference to the ‘bundle of rights’ when discussing the legal entitlements generally granted to land rights holders. But what exactly does this mean? The metaphor ‘bundle of rights’ essentially portrays a pack of sticks in which each stick signifies a different right associated […]

The Role of Civil Society in Human Rights Implementation

Theoretically, the idea of civil society is rooted in the need, as far as the sixteenth and seventh centuries, to address concerns regarding relations between individuals, the state and society as well as between the private and public.  Essentially, it is a platform for “active citizenry” and the concern for public affairs. In the contemporary […]

Use of Indicators for Measuring Human Rights Implementation

As primary duty bearers under international and domestic human rights law, States are bound to implement human rights and make them a reality for their citizens. Monitoring this commitment, Bantekas and Oette argue was initially problematic due to the absence of “verifiable quantitative criteria” for measuring State compliance.  However, over the years, there have been […]

Is the ICC an Institution in Crisis?

Introduction The advent of international criminal law is arguably the biggest landmark in public international law since the cold war and more especially after 1990. This milestone was characterised by, among other things, the establishment of (quasi) judicial institutions to support the then developing body of law. Subsequently, violations of international criminal law have been […]

Revisiting the ICC and the Afrika Question

Africa welcomed the International Criminal Court (ICC) with enthusiasm. Numerically, 33 out of the 121 State Parties as at June 2012 were from the continent and this constituted the “largest regional grouping among ICC member states”. The warm reception saw countries like Uganda, Democratic Republic of Congo, Mali and Central African Republic self-refer cases to […]

Hierarchy of Rights: Are some human rights more superior than others?

Whereas the global community is implored to treat all human rights equally and with the same emphasis, to-date, one of the contested areas in the human rights discourse is whether there exists a hierarchical preference for the two major categories of rights, namely; civil and political rights (CP) on one hand and economic, social and […]

A double edged sword: Technology, Human Rights and Accountability Processes

The last two decades have witnessed the explosion of new technological opportunities and threats to human rights. Like most tools, technology is dual faced; potentially achieving both positive and negative ends. This is equally true in matters of human rights where on one hand, it can protect and promote fundamental rights and freedoms and on […]