Analysis of Rwandan Law PDF Download

Author: Charles Mwalimu
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 0

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Author: William Schabas
Publisher: Cowansville, Quebec : Éditions Y. Blais
ISBN:
Category : Law
Languages : en
Pages : 428

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Author: Klaus Deininger
Publisher: World Bank Publications
ISBN: 0821387588
Category : Political Science
Languages : en
Pages : 169

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Book Description
Increased global demand for land posits the need for well-designed country-level land policies to protect long-held rights, facilitate land access and address any constraints that land policy may pose for broader growth. While the implementation of land reforms can be a lengthy process, the need to swiftly identify key land policy challenges and devise responses that allow the monitoring of progress, in a way that minimizes conflicts and supports broader development goals, is clear. The Land Governance Assessment Framework (LGAF) makes a substantive contribution to the land sector by providing a quick and innovative tool to monitor land governance at the country level. The LGAF offers a comprehensive diagnostic tool that covers five main areas for policy intervention: Legal and institutional framework; Land use planning, management and taxation; Management of public land; Public provision of land information; and Dispute resolution and conflict management. The LGAF assesses these areas through a set of detailed indicators that are rated on a scale of pre-coded statements (from lack of good governance to good practice). While land governance can be highly technical in nature and tends to be addressed in a partial and sporadic manner, the LGAF posits a tool for a comprehensive assessment, taking into account the broad range of issues that land governance encompasses, while enabling those unfamiliar with land to grasp its full complexity. The LGAF will make it possible for policymakers to make sense of the technical levels of the land sector, benchmark governance, identify areas that require further attention and monitor progress. It is intended to assist countries in prioritizing reforms in the land sector by providing a holistic diagnostic review that can inform policy dialogue in a clear and targeted manner. In addition to presenting the LGAF tool, this book includes detailed case studies on its implementation in five selected countries: Peru, the Kyrgyz Republic, Ethiopia, Indonesia and Tanzania.

Author: Larissa van den Herik
Publisher: BRILL
ISBN: 9047408136
Category : Law
Languages : en
Pages : 372

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This volume offers a thorough analysis of the establishment and the Statute of the International Criminal Tribunal for Rwanda. Furthermore, it gives insight into how the Rwanda Tribunal has operated in practice during its first ten years and it examines the case law on the three major international crimes: genocide, crimes against humanity and war crimes.

Author: Pietro Sullo
Publisher: Springer
ISBN: 9462652406
Category : Law
Languages : en
Pages : 317

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Combining both legal and empirical research, this book explores the statutory aspects and practice of Gacaca Courts (inkiko gacaca), the centrepiece of Rwanda's post-genocide transitional justice system, assessing their contribution to truth, justice and reconciliation. The volume expands the knowledge regarding these courts, assessing not only their performance in terms of formal justice and compliance with human rights standards but also their actual modus operandi. Scholars and practitioners have progressively challenged the idea that genocide should be addressed exclusively through 'westernised' criminal law, arguing that the uniqueness of each genocidal setting requires specific context-sensitive solutions. Rwanda's experience with Gacaca Courts has emerged as a valuable opportunity for testing this approach, offering never previously tried homegrown solutions to the violence experienced in 1994 and beyond. Due to the unprecedented number of individuals brought to trial, the absence of lawyers, the participative nature, and the presence of lay judges directly elected by the Rwandan population, Gacaca Courts have attracted the attention of researchers from different disciplines and triggered dichotomous reactions and appraisals. The tensions existing within the literature are addressed, anchoring the assessment of Gacaca in a comprehensive legal analysis in conjunction with field research. Through the direct observation of Gacaca trials, and by holding interviews and informal talks with survivors, perpetrators, ordinary Rwandans, academics and the staff of NGOs, a purely legalistic perspective is overcome, offering instead an innovative bottom-up approach to meta-legal concepts such as justice, fairness, truth and reconciliation. Outlining their strengths and shortcomings, this book highlights what aspects of Gacaca Courts can be useful in other post-genocide contexts and provides crucial lessons learnt in the realm of transitional justice. The primary audience this book is aimed at consists of researchers working in the areas of international criminal law, transitional justice, genocide, restorative justice, African studies, human rights and criminology, while practitioners, students and others with a professional interest in the topical matters that are addressed may also find the issues raised relevant to their practice or field of study. Pietro Sullo teaches public international law and international diplomatic law at the Brussels School of International Studies of the University of Kent in Brussels. He is particularly interested in international human rights law, transitional justice, international criminal law, constitutional transitions and refugee law. After earning his Ph.D. at the Sant'Anna School of Advanced Studies in Pisa, Dr. Sullo worked at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg as a senior researcher and as a coordinator of the International Doctoral Research School on Retaliation, Mediation and Punishment. He was also Director of the European Master's Programme in Human Rights and Democratization (E.MA) in Venice from 2013 to 2015 and lastly he has worked for international NGOs and as a legal consultant for the Libya Constitution Drafting Assembly on human rights and transitional justice.

Author: Eric Stover
Publisher: Cambridge University Press
ISBN: 0521834953
Category : Law
Languages : en
Pages : 371

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My Neighbour, My Enemy tackles a crucial and highly topical issue - how do countries rebuild after ethnic cleansing and genocide? And what role do trials and tribunals play in social reconstruction and reconciliation. By talking with people in Rwanda and the former Yugoslavia and carrying out extensive surveys, the authors explore what people think about their past and the future. Their conclusions controversially suggest that international or local trials have little relevance to reconciliation. Communities understand justice far more broadly than it is defined by the international community and the relationship of trauma to a desire for trials is not clear-cut. The authors offer an ecological model of social reconstruction and conclude that coordinated multi-systemic strategies must be implemented if social repair is to occur. Finally, the authors suggest that while trials are essential to combat impunity and punish the guilty, their strengths and limitations must be acknowledged.

Author: Jean Bosco Mutangana
Publisher:
ISBN:
Category :
Languages : en
Pages : 45

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Author: Muhire Faustin
Publisher: GRIN Verlag
ISBN: 334668847X
Category : Law
Languages : en
Pages : 75

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Bachelor Thesis from the year 2022 in the subject Law - Public Law / Miscellaneous, grade: 80, University of Rwanda (University of Rwanda), course: Law, language: English, abstract: This study was brought in by the searcher after he found that loads of domestic waste are seen in various villages, along the roads, forests, riversides, and many other open spaces in Rwanda. People in Rwanda still dispose of domestic waste in inappropriate places, which constitutes a crucial problem to human health in particular and to environment in general. The researcher wanted to legally explore why the said malpractices still exist, despite the good achievements and ambitions to deal with waste management in Rwanda. The research had five objectives: to examine whether the existing environmental laws are effective enough to protect environment and human health against negative effects of domestic waste in Rwanda (1), assess if the current Rwandan environmental laws establish standards that are efficient in domestic waste management (2), discuss the processes that are currently followed from collection to disposal and examine their effectiveness (3), examine the role played by different institutions involved in domestic waste management and its efficiency (4) and to finally suggest areas of improvement basing on lessons drawn from countries that have advanced legislation governing domestic waste management (5). To respond to the objectives of the study, the researcher used different legal research methods and the following was revealed. The existing Rwandan environmental legal framework does not regulate management of domestic wastes effectively, standards established by Rwandan environmental laws are limited in domestic waste management, and the processes used from collection to disposal of domestic waste management are inadequately regulated. It was also revealed that there is limited role/inefficiency of different institutions intervening in domestic waste management.

Author: Muhire Faustin
Publisher:
ISBN: 9783346696328
Category :
Languages : en
Pages : 0

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Research Paper (undergraduate) from the year 2022 in the subject Law - Civil / Private / Law of Obligation / Property Law, grade: 80 (equals 1.3), University of Rwanda, language: English, abstract: This article aims at analyzing the Rwandan legislation and institutions in the context of the management of the property of non-emancipated minor. The study elaborates on the existing Rwandan legal context in relation with management of the property of the non-emancipated minor, draw challenges associated with the management of the property of the non-emancipated minor and provides some recommendations in order to enhance the management of the property of the non emancipated minor from the foreign legislations. In the Rwandan context, the study found that the protection of property of the non-emancipated minor is not much legally guaranteed and ensured, those exercising parental duties on non emancipated minors exploit minors under the Umbrella of serving their interests, because the law N°32/2016 of 28/08/2016 governing persons and family does not elaborate on what entails the child's interests. Hence, adequate analysis for the stronger legislation is necessary. All along this study, the analysis focuses on two parts among which, the first part gives a general notions on the topic, analyses the existing Rwandan laws and international laws whereby gaps and inadequacy of provisions regarding the management of the property of the non-emancipated minor are revealed. The last part of this paper discuss the foreign legislation advanced in proper management of the property of the non emancipated, this was referred to in order to learn from their experience in the protection of non emancipated minors property, in addition, decided cases in courts in this context played a major role in the analysis of the study. The part proposes the establishment of legal and institutional mechanisms to strengthen management of the property of the non emancipated minor. This part also looked at

Author: Nicola Palmer
Publisher: Oxford University Press
ISBN: 0190241527
Category : Law
Languages : en
Pages : 240

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Book Description
The rise of international criminal trials has been accompanied by a call for domestic responses to extraordinary violence. Yet there is remarkably limited research on the interactions among local, national, and international transitional justice institutions. Rwanda offers an early example of multi-level courts operating in concert, through the concurrent practice of the United Nations International Criminal Tribunal for Rwanda (ICTR), the national Rwandan courts, and the gacaca community courts. Courts in Conflict makes a crucial and timely contribution to the examination of these pluralist responses to atrocity at a juncture when holistic approaches are rapidly becoming the policy norm. Although Rwanda's post-genocide criminal courts are compatible in law, an interpretive cultural analysis shows how and why they have often conflicted in practice. The author's research is derived from 182 interviews with judges, lawyers, and a group of witnesses and suspects within all three of the post-genocide courts. This rich empirical material shows that the judges and lawyers inside each of the courts offer notably different interpretations of Rwanda's transitional justice processes, illuminating divergent legal cultures that help explain the constraints on the courts' effective cooperation and evidence gathering. The potential for similar competition between domestic and international justice processes is apparent in the current practice of the International Criminal Court (ICC). However, this competition can be mitigated through increased communication among the different sites of justice, fostering legal cultures of complementarity that can more effectively respond to the needs of affected populations.