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Innocent Maja

    Innocent Maja

    There is ample academic writing and practical examples extending the principles of transitional justice to corruption. However, very little has been written on how a society’s existing anti-corruption mechanisms may be utilised in a... more
    There is ample academic writing and practical examples extending the principles of transitional justice to corruption. However, very little has been written on how a society’s existing anti-corruption mechanisms may be utilised in a manner compatible with the wider transitional justice processes. In Zimbabwe, the new government is taking a more rigorous approach towards anti-corruption than towards the protection of human rights, which is apparent in its pursuing corruption crimes but not crimes which violate physical integrity, such as torture, disappearances and killings. Using Zimbabwe as an example, this paper proposes ways in which transitional authorities could rely on anti-corruption mechanisms, yet go beyond them by addressing endemic corruption under the broader transitional justice mechanisms. This synchronisation will ensure that corruption is not addressed in a silo but as part of a wider redress of gross human rights violations. Such an articulation is all the more impo...
    This thesis examines and defends the use of a human rights framework for the protection of minority languages and linguistic minorities in Africa as an effective means to eliminate discrimination against linguistic minorities, protect... more
    This thesis examines and defends the use of a human rights framework for the protection of minority languages and linguistic minorities in Africa as an effective means to eliminate discrimination against linguistic minorities, protect minority languages, preserve linguistic minority identity and foster substantive equality between linguistic majorities and linguistic minorities. The argument that runs throughout the thesis is that in order to effectively integrate linguistic minorities, while allowing them to preserve their linguistic identity, the human rights framework should have two pillars with two clusters of rights. The first pillar consists of individual human rights of special relevance to linguistic minorities that ensure that linguistic minorities are placed on a substantially equal footing with other nationals of the state. Key rights are the rights to equality and non-discrimination on the basis of language. Other individual rights include freedom of expression, the rig...
    International human rights law does not currently define a minority. For instance, the International Covenant on Civil and Political Rights protects minority rights in article 27 without defining the term minority. The Human Rights... more
    International human rights law does not currently define a minority. For instance, the International Covenant on Civil and Political Rights protects minority rights in article 27 without defining the term minority. The Human Rights Committee did not define the term in the Diergaardt case.2 Nor did the African Commission define the term ‘minority’ in Malawi African Association and Others v Mauritania.3 The term minority was not even defined by the Kenyan High Court in IL Chamus v The Attorney General and Others.4 Yet various human rights instruments protect minorities.
    ... me tolerance and reasonable accommodation. Special mention goes to the colleagues I spent my second semester in Ghana with, namely Dube (the terrorist), Polo (the diplomat) and Rose (the hunter). ... Constantine the Philosopher... more
    ... me tolerance and reasonable accommodation. Special mention goes to the colleagues I spent my second semester in Ghana with, namely Dube (the terrorist), Polo (the diplomat) and Rose (the hunter). ... Constantine the Philosopher (Cyril), 9th Century AD1 1.1 Background ...
    ... me tolerance and reasonable accommodation. Special mention goes to the colleagues I spent my second semester in Ghana with, namely Dube (the terrorist), Polo (the diplomat) and Rose (the hunter). ... Constantine the Philosopher... more
    ... me tolerance and reasonable accommodation. Special mention goes to the colleagues I spent my second semester in Ghana with, namely Dube (the terrorist), Polo (the diplomat) and Rose (the hunter). ... Constantine the Philosopher (Cyril), 9th Century AD1 1.1 Background ...
    There is ample academic writing and practical examples extending the principles of transitional justice to corruption. However, very little has been written on how a society's existing anti-corruption mechanisms may be utilised in a... more
    There is ample academic writing and practical examples extending the principles of transitional justice to corruption. However, very little has been written on how a society's existing anti-corruption mechanisms may be utilised in a manner compatible with the wider transitional justice processes. In Zimbabwe, the new government is taking a more rigorous approach towards anti-corruption than towards the protection of human rights, which is apparent in its pursuing corruption crimes but not crimes which violate physical integrity, such as torture, disappearances and killings. Using Zimbabwe as an example, this paper proposes ways in which transitional authorities could rely on anti-corruption mechanisms, yet go beyond them by addressing endemic corruption under the broader transitional justice mechanisms. This synchronisation will ensure that corruption is not addressed in a silo but as part of a wider redress of gross human rights violations. Such an articulation is all the more important given that societies perceived to be highly corrupt also tend to be those with poor human rights records. Moreover, the new government has acknowledged the endemic nature of corruption and has relied on the need to address it to justify the military intervention-a ground that resonated across society and appeared to legitimise the intervention. If, therefore, the new government's anti-corruption campaign is
    This article examines the extent to which the language rights regime in section 6 of the Zimbabwean Constitution affirms and accommodates linguistic diversity in Zimbabwe. The study further suggests ways in which Zimbabwe could... more
    This article examines the extent to which the language rights regime in section 6 of the Zimbabwean Constitution affirms and accommodates linguistic diversity in Zimbabwe. The study further suggests ways in which Zimbabwe could practically implement the language rights norms in section 6 of the Constitution.
    International law does not define terms 'minority' and 'minority language.' Yet various treaties protect minorities and minority languages. The paper unpacks the concepts 'minority' and 'minority languages' in international law and... more
    International law does not define terms 'minority' and 'minority language.' Yet various treaties protect minorities and minority languages. The paper unpacks the concepts 'minority' and 'minority languages' in international law and assesses who can be protected under the banner 'minority.'
    The paper argues that the human rights enshrined in international treaties are not generally absolute. They are often qualified and subject to reasonable restrictions justifiable 'in an open and democratic society based on human dignity,... more
    The paper argues that the human rights enshrined in international treaties are not generally absolute. They are often qualified and subject to reasonable restrictions justifiable 'in an open and democratic society based on human dignity, equality and freedom.'