Why states comply with decisions of international human rights tribunals: A review of the principal theories and perspectives

As the legalisation of international politics gain momentum through growing adoption of multilateral treaties and proliferation of intergovernmental  institutions especially administrative and judicial mechanisms for the  protection of human rights, one area of focus for scholars ought to be the incentives for states to comply with the norms and standards set by these many bodies. This paper takes the reader down memory lane by reviewing the various theories and perspectives of leading scholars on why states  comply with international law with particular focus in the concluding part on why states comply with decisions of international human rights bodies. The paper concludes that while most scholars generally agree that state  compliance is driven by instrumental or normative considerations or both, it remains largely contested which of these broad theories account for most acts of compliance by state actors. The paper argues the need for further research specific to each international and regional human rights system as the factors that drive states towards compliance differ from state to state and region to region.Keywords: Theories, State Compliance, International Law, Human Rights Tribunal

Effects of User Experience on Identity Authentication in the Nigerian E-banking Environment

A positive user authentication experience in e-banking is becoming increasingly challenging for providers of banking services. Users experience is crucial in justifying moneys spent in technologies. The use of Technology and its acceptance is a field of learning that researchers are working assiduously to discover factors affecting user identity authentication experience in e-banking. The study will investigate the factors affecting user experience in identity authentication in Nigeria e-banking environment using UTAUT model. Statistical methods will be used for analysis. The geographical scope of this work will be restricted to federal capital territory (FCT) in North Central Nigeria. Bank officials and customers will be selected from FCT and samples will be drawn through purposive sampling technique. Findings will disclose factors affecting user authentication experience. Recommendations will be made and the model derived which is UTAUT elements will make contributions extensively to the body of literature

Domestic impact of the African Charter Human and Peoples' Rights and the protocol on the rights of woman in Africa : a case study of Nigeria

The achievements made at the continental level since 21 October 1986 when the African Charter on Human and Peoples‟ Rights (African Charter) came into force have been modest yet significant. Following its adoption, the African Charter was hailed as a very ambitious document. This is because of its uniquely African features: emphasis on morality, anti-colonial stance, absence of derogations justiciability of economic, social and cultural rights, recognition of peoples‟ rights as well as the imposition of duties on states and individuals. As a result of these distinctive characteristics, many scholars have criticised the normative framework of the Charter. Sindjoun is of the view that the Charter is „window-dressing for the purpose of acceding to international civilization.‟ Ouguergouz described the rights guaranteed in the Charter as „imprecise‟ and that „the pertinent clauses of the African Charter offer only weak legal protection to the individual.‟ Early writings on the Charter also raised doubts about the likelihood of its implementation. Good or bad as the normative standards of the Charter may be, Heyns and Viljoen are of the view that „the conceptual battle is over.‟ The relevant battle now is for implementation. Thus recent discourses on the Charter have shifted from celebrating or further criticising the Charter‟s distinctive normative framework to evaluating its implementation mechanism. A system of human rights is only as good as its enforcement mechanism.Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2011.nf2012Centre for Human RightsLL

State compliance with and influence of reparation orders by regional and sub-regional human rights tribunals in five African states

This thesis analyses state compliance with 75 reparation orders contained in 32 decisions of six selected regional and sub-regional human rights tribunals (HRTs) in Africa, decided in the period between 1 January 2000 and 31 December 2015, in five states – Nigeria, The Gambia, Tanzania, Uganda and Zimbabwe. Of the six selected HRTs, three are sub-regional (ECOWAS Community Court of Justice (ECCJ), the East African Court of Justice (EACJ) and the SADC Tribunal) and three are regional (African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights and the African Committee of Experts on the Rights and Welfare of the Child). The five states selected for the study are those that have the highest number of human rights cases decided on the merits by both regional and sub-regional HRTs in Africa. The study establishes, based on available data, supplemented by in-depth interviews conducted between July 2015 to July 2017, the compliance status of the 75 reparations orders. In categorising the level of compliance, the study introduces the concept of aggregate compliance, which is calculated as follows: Aggregate Compliance (AC) = Full Compliance (FC) + ½ Partial Compliance (PC). This concept aims to avoid the rigid distinction between full and partial compliance, which suggests that nothing has really been accomplished until everything has been achieved. Using this yardstick, the study finds an overall aggregate compliance rate of 31 percent. Full compliance was recorded in only 13 (17 percent) of the 75 reparation orders; and partial compliance was recorded in 21 (28 percent) of the reparation orders. Of the five countries, Uganda recorded the highest aggregate compliance rate (68%), followed by Nigeria (48%), Tanzania (19%), The Gambia (13%) and Zimbabwe (11%). A factor common to the two least complying states is lack of commitment to compliance and poor system of governance. Finding that sub-regional HRTs recorded 29 percent aggregate compliance with respect to the five studied states, while regional HRTs recorded 33 percent aggregate compliance, the study concludes that the hypothesis that states comply better with decisions of subregional HRTs than regional HRTs cannot be substantiated. It therefore argues that the selected African states do not necessarily comply better with decisions of sub-regional HRTs than regional tribunals; rather, it establishes that human rights judgment compliance in every case is a function of a multiplicity of factors. Correlating the data generated by the study with possible circumstances inducing compliance, specific to the study countries, the study identifies five primary factors facilitating human rights judgment compliance in the selected states: (1) some commitment to compliance by states; (2) low-cost, specific and limited remedies; (3) the existence of free, stable and democratic system of governance in the state required to implement the decision; (4) the effectiveness of follow up by the HRTs and NGOs; and (5) political transition or regime change subsequent to the decision. Of these five factors, the study singles out ‘commitment to compliance’ as the most important factor predictive or indicative of compliance. Acknowledging the limitations of the optic of compliance, being focused on the implementation of clearly delineated reparation orders, the thesis also identifies various forms of impact or influence of HRTs’ decisions in the selected states. Some of the notable influences of HRTs’ decisions in the selected states include amicable settlement of disputes and proactive remediation of violations, legislative and policy reforms; transnational judicial communication and the use of HRTs’ decisions as tools for social mobilization, advocacy and research. The thesis also identifies at least five major obstacles or hindrances to compliance in the selected states, namely poor supervision mechanisms, weak domestic infrastructures for judgment implementation, overall weak institutions, poor institutional designs of regional and sub-regional HRTs, ineffective follow-ups by HRTs and NGOs, poor system of governance in some of the selected states, lack of awareness and erroneous perceptions about international human rights system, among others. The study concludes that if the impact of HRTs’ decisions in the selected states is to be enhanced, domestic activist forces and transnational compliance actors ought to pay more attention to the domestic implementation process, the degree of commitment to compliance by the relevant actors as well as the nature of reparation orders issued by the respective HRTs. Other practical ways of enhancing compliance and overall impact of HRTs’ decisions in the selected states are also suggested. The study adds to the growing literature on state compliance with reparation orders of regional and sub-regional human rights tribunals in Africa. The study differs from and extends the insights from previous judgment compliance studies related to Africa by focusing on the specific reparation orders, rather than on the case as a whole. It introduces a novel concept, that of aggregate compliance, to categorise state compliance. Although the study does not make definitive generalisations or identify universal pattern of state compliance with decisions of HRTs in Africa or anywhere else, its findings may be relevant for other regional and international human rights systems.Thesis (LLD)--University of Pretoria, 2018.Centre for Human RightsLLDUnrestricte

ICT Usage and Learning Outcomes of Pupils in Primary Schools in Uganda

Learning Outcomes of pupils have become an issue of concern in developing countries. Resource poor countries have decried the poor performance of pupils each year, and yet few schools use Information and Communication Technologies (ICTs) to enhance pupil engagement and learning outcomes. Using both quantitative and qualitative approaches, the study is a cross-sectional survey, with a proportionate random sample of primary schools drawn from both rural and urban settings. This study intends to assess the existing ICT infrastructure, the extent of ICT usage as well as the effect of ICT usage and pupil engagement on the learning outcomes of pupils in the primary schools in Uganda

A comparison of state compliance with reparation orders by regional and sub-regional human rights tribunals in Africa : case studies of Nigeria, The Gambia, Tanzania, Uganda and Zimbabwe

This article compares second-order state compliance in respect of regional and sub-regional human rights tribunals (HRTs) in Africa. Using as its unit of analysis the compliance orders issued by these HRTs, the article analyses state compliance with 75 such orders contained in 32 decisions of six selected HRTs, decided in the period between 1 January 2000 and 31 December 2015, in five states – Nigeria, The Gambia, Tanzania, Uganda and Zimbabwe. Based on available data supplemented by in-depth interviews conducted between July 2015 to December 2018, the study establishes the compliance status of the 75 reparations orders. The authors advance the notion of ‘aggregate compliance’, which accords weight to both full and partial compliance, as a suitable yardstick to compare state compliance. Finding that 29 percent aggregate compliance was recorded with respect to reparations orders issued against the selected states by African sub-regional HRTs, compared to 33 percent aggregate compliance with respect to regional HRTs, the study concludes that the hypothesis that the studied states comply better with decisions of African sub-regional HRTs than regional HRTs cannot be substantiated. It argues that the defining factors for compliance are state-level characteristics, the nature of the reparation orders and the effectiveness of follow-up.https://www.tandfonline.com/loi/fjhr202023-09-29hj2023Centre for Human Right

Implementing an E-Democracy System in Nigeria

E-democracy basically comprises the use of electronic communications technologies such as the internet, in enhancing and advancing the democratic process within a democratic republic. E-democracy is an innovation still in its infant stage; and is still subject to much debate and activity within government, civic oriented groups and societies around the world. In most developing countries including Nigeria, there exists a low attitude of participation of the citizens in governance. Social, political, insecurity, Corruption and other forms of electoral manipulation discourage the electorate from getting involved in government From the various elections conducted since independence, about half the number of registered voters actually voted during elections. In addition, less than half of those who voted were involved in participatory governance. The objective is of this paper is development of a web-based system that will foster and encourage active citizenship participation by implementing democratic practices like voting and election campaign. The system was developed using PHP as front end, Apache as web server and MySQL as Database. The benefits of having an e-Democracy system are numerous: It reduces the success of rigging during elections. It is time saving because it reduced some undue electoral processes. It allows for easy communication between the citizens and their elected candidates

Implementing an E-Democracy System in Nigeria

E-democracy basically comprises the use of electronic communications technologies such as the internet, in enhancing and advancing the democratic process within a democratic republic. E-democracy is an innovation still in its infant stage; and is still subject to much debate and activity within government, civic oriented groups and societies around the world. In most developing countries including Nigeria, there exists a low attitude of participation of the citizens in governance. Social, political, insecurity, Corruption and other forms of electoral manipulation discourage the electorate from getting involved in government From the various elections conducted since independence, about half the number of registered voters actually voted during elections. In addition, less than half of those who voted were involved in participatory governance. The objective is of this paper is development of a web-based system that will foster and encourage active citizenship participation by implementing democratic practices like voting and election campaign. The system was developed using PHP as front end, Apache as web server and MySQL as Database. The benefits of having an e-Democracy system are numerous: It reduces the success of rigging during elections. It is time saving because it reduced some undue electoral processes. It allows for easy communication between the citizens and their elected candidates. Keywords:  Citizen, e-Democracy, Election, e-Governance, Voting and Participatio

Wykorzystanie głębokich sieci neuronowych w ograniczaniu zmian klimatycznych związanych z konfliktem farmerów i pasterzy w ramach inicjatywy na rzecz zrównoważonej integracji społecznej

Peaceful coexistence of farmers and pastoralists is becoming increasingly elusive and has adverse impact on agricultural revolution and global food security. The targets of Sustainable Development Goal 16 (SDG 16) include promoting peaceful and inclusive societies for sustainable development, providing access to justice for all and building effective, accountable and inclusive institutions at all levels. As a soft approach and long term solution to the perennial farmers-herdsmen clashes with attendant humanitarian crisis, this study proposes a social inclusion architecture using deep neural network (DNN). This is against the backdrop that formulating policies and implementing programmes based on unbiased information obtained from historical agricultural data using intelligent technology like deep neural network (DNN) can be handy in managing emotions. In this vision paper, a DNN-based Farmers-Herdsmen Expert System (FHES) is proposed based on data obtained from the Nigerian National Bureau of Statistics for tackling the incessant climate change-induced farmers-herdsmen clashes, with particular reference to Nigeria. So far, many lives have been lost. FHES is modelled as a deep neural network and trained using farmers-herdsmen historical data. Input variables used include land, water, vegetation, and implements while the output is farmers/herders disposition to peace. Regression analysis and pattern recognition performed by the DNN on the farmers-herdsmen data will enrich the inference engine of FHES with extracted rules (knowledge base). This knowledge base is then relied upon to classify future behaviours of herdsmen/farmers as well as predict their dispositions to violence. Critical stakeholders like governments, service providers and researchers can leverage on such advisory to initiate proactive and socially inclusive conflict prevention measures such as people-friendly policies, programmes and legislations. This way, conflicts can be averted, national security challenges tackled, and peaceful atmosphere guaranteed for sustainable development.   Pokojowe współistnienie rolników i pasterzy staje się coraz mnie realne, co ma negatywny wpływ na rewolucję rolniczą i globalne bezpieczeństwo żywnościowe. Cele zrównoważonego rozwoju (SDG 16) obejmują promowanie tworzenia pokojowych i zintegrowanych społeczeństw na rzecz zrównoważonego rozwoju, zapewnienie wszystkim dostępu do uczciwego wymiaru sprawiedliwości i tworzenie skutecznych, odpowiedzialnych i integrujących instytucji na wszystkich poziomach. W ramach łagodnego podejścia i długofalowego podejścia do problemu konfliktów rolników-pasterzy w kontekście kryzysu humanitarnego, w niniejszym artykule zaproponowano architekturę integracji społecznej wykorzystującą głęboką sieć neuronową (DNN). Formułowanie polityki i wdrażanie programów w oparciu o obiektywne informacje uzyskane z historycznych danych przy użyciu inteligentnej technologii, takiej jak głęboka sieć neuronowa (DNN), może być przydatne w zarządzaniu emocjami. W niniejszym artykule zaproponowano oparty na danych uzyskanych od Nigeryjskiego Narodowego Urzędu Statystycznego system ekspercki rolników-pasterzy (FHES) oparty na DNN w celu przeciwdziałaniu nieustannym starciom rolników-pasterzy wywołanych zmianami klimatu, ze szczególnym uwzględnieniem Nigerii. Do tej pory wiele było ofiar. System FHES jest modelowany jako głęboka sieć neuronowa, przy użyciu danych historycznych hodowców-pasterzy. Zastosowane zmienne wejściowe obejmują ziemię, wodę, roślinność i narzędzia, podczas gdy zmienne wyjściowe to rolnicy-pasterze skłonni do pokoju. Analiza regresji i rozpoznawanie wzorców przeprowadzone przez DNN na danych rolników-pasterzy wzbogaci mechanizm wnioskowania systemu FHES o wyodrębnione reguły (baza wiedzy). Podstawą tej wiedzy jest klasyfikacja przyszłych zachowań pasterzy/rolników, a także przewidywanie ich skłonności do przemocy. Krytyczni interesariusze, tacy jak rządy, dostawcy usług i naukowcy, mogą wykorzystać takie doradztwo do zainicjowania proaktywnych i społecznie włączających środków zapobiegania konfliktom, takich jak przyjazne dla ludzi polityki, programy i prawodawstwo. W ten sposób można uniknąć konfliktów, stawić czoła wyzwaniom bezpieczeństwa narodowego i zagwarantować pokojową atmosferę dla zrównoważonego rozwoju