University of Dar es Salaam School of Law

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Browsing University of Dar es Salaam School of Law by Author "Kamanga, Khoti Chilomba"

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    'Fast - Tracking' East African Integration: Pacta Sunt Servanda Betrayed?
    (Journal of Africa and International Law, 2010) Kamanga, Khoti Chilomba
    One notable characteristic of regional economic communities appears to be gradualism and pragmatism in terms of membership expansion but also in rolling out the integration process. This is markedly so, in respect to the European Union but also several African RECs. The East African Community (EAC) has also embraced this tested good practice. The study finds the 2004 'fast tracking' of the EAC integration in conflict with both the provisions of the EAC Treaty, 1999, as well as global best practices'.
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    Forced displacement and Conflict in the Great Lakes Region
    (2011-09) Kamanga, Khoti Chilomba
    The term ‘Great Lakes Region’, although used liberally, does not have a common, shared interpretation. In the context of the International Conference on the Great 1 Lakes Region (ICGLR) the term denotes eleven African states, seven of whom, namely Burundi, the DemocraticRepublic of Congo (DRC), Kenya, Rwanda, Tanzania, Uganda and Zambia, are perched on the shores of Africa’s largest lakes: Victoria, Tanganyika, Albert and Kivu. The remaining four ICGLR member states: Angola, the Central African Republic (CAR), the Republic of Congo – Brazzaville and Sudan, do not enjoy such proximity to the lakes. In this paper the term ‘Great Lakes Region’ has a restrictive interpretation and is confi ned to the ‘core’ Great Lakes states of Burundi, the DRC, Kenya, Rwanda, Tanzania, and Uganda.
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    `Treaty Constipation` as a Critical Factor in Treaty Implementation: The Case of Kenya, Tanzania and Uganda
    (2014-10) Kamanga, Khoti Chilomba
    Signature and ratification are supremely important in bestowing upon treaties, ‘entry into force’ at the international level. Within the jurisdictions of individual States, far much more legal procedures must be satisfied, for the signed and ratified treaty to find its way into the body of applicable and enforceable laws of the land. Treaty domestication must follow signature and ratification. However, experience demonstrates quiet clearly, that there is remarkable procrastination on the part of Kenya, Tanzania, and Uganda, in domesticating ratified treaties on human rights. Of the 10 major treaties on human rights, and which include the so called ‘International Bill of Rights’ and key sub-regional treaties, the rate of domestication is below 5%. Given that the focus of human rights treaties, comprises matters of ‘life and death’ (capital punishment, reproductive health, public safety, sustainable environment, social security) for the respective right bearers, especially women, children, and the elderly, this omission has grave, even fatal consequences. It becomes highly desirable therefore, to identify the factors standing in the way of domestication of treaties, and in doing so, contribute towards ensuring that treaty-based rights, are meaningful and accessible. But also, to propose alternative approaches to dealing with the problem of the bloated body of ratified, but unfulfilled treaties, in other words, ‘treaty constipation’. The questionable multiplicity (and attendant duplicity) of treaties is in a way, similar to what medical experts term ‘constipation’. In our context, it entails a bloated body of ratified treaties, which are ‘too hard and dry’ the end result being ‘indigestion’. In jurisdictions belonging to the dualist legal system, tackling ‘treaty constipation’ is rendered particularly complex and difficult. And, as a result, the capacity of ratified, but undomesticated treaties, to ‘nourish’ their respective rights bearers, becomes severely compromised. In the world of medicine, constipation is addressed through a variety of procedures. Likewise, treaty constipation can be remedied. Three possible options may be considered. The first entails termination or ‘weight loss’ of the bloated body of existing human rights treaties, thus attaining an acceptable ‘body mass index’ in other words, retaining only those treaties, which are fulfillable. Secondly, is the full exhaustion of the capacity and opportunities of existing human rights treaties. A third, and complementary option, is the declaration of a moratorium on the adoption of new human rights treaties, unless existing frameworks are proven to be wholly unsatisfactory.