The perception of the independence of the judiciary power in Burundian law: crossed views

Niyongabo, Prime; Sindayigaya, Ildephonse

doi:10.12988/ams.2023.917163

Cited by 9 publications

(2 citation statements)

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“…In this Africa, according to the meaning of this Charter, the child cannot be subjected to the decisions of adults concerning him or her, be they parents or a judge, without at least being consulted (Gouttenoire, 2006: p. 59;Mperejimana and Sindayigaya, 2023;Ndericimpaye and Sindayigaya, 2023). In this respect, we agree with Mona PARE that "for rights to have meaning, it is necessary to have complaints mechanisms and the courts with all the assistance they require" (Ciza and Sindayigaya, 2023;Niyongabo and Sindayigaya, 2023;Paré, 2014: pp. 92-93;Sindayigaya and Nyabenda, 2022).…”

Section: General Principle 5: the Right To Participationmentioning

confidence: 61%

The African Charter on the Rights and Welfare of the Child, an Instrument Based on African Socio-Cultural Realities: Truth or Utopia?

Sindayigaya

2024

JSS

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African states rushed to adopt the International Convention on the Rights of the Child in 1989, and at the same time set up an African Charter on the Rights and Welfare of the Child in 1990, after justifying the need for an instrument that took account of the social and cultural realities of African children's rights. Using documentary techniques, the results of our research show that the African Charter is based on the general principles of children's rights, namely the right to non-discrimination, the right to the best interests of the child, the right to life, survival and development, the right to protection against all forms of exploitation, and the right to participation or the right to be heard. In application of these general principles, the African States wanted a response that kept in mind the historical context of the social realities of children's rights, especially children under the apartheid regime, but also the situation of children whose mothers are imprisoned, the situation of child begging, the exploitation of children, and so on. In spite of this initiative, African states are reluctant to implement their demands to the African Committee of Experts on the Rights and Welfare of the Child, in addition to the delay in ratifying or acceding to the African Charter on the Rights and Welfare of the Child, which has not been the case with ratification of the International Convention on the Rights of the Child and the production of reports to its protection body.

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Section: General Principle 5: the Right To Participationmentioning

confidence: 61%

The African Charter on the Rights and Welfare of the Child, an Instrument Based on African Socio-Cultural Realities: Truth or Utopia?

Sindayigaya

2024

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“…The pay-as-you-go system differs from the funded system (defined contribution or defined benefit plan). Social security benefits under the CEPGL convention are exportable (Niyongabo & Sindayigaya, 2023;. The national social security legislation of the three Member States provides for the insured person's career to be taken into account by applying the principle of aggregation of insurance periods.…”

Section: Discussion Of the Resultsmentioning

confidence: 99%

Analysis of the Effectiveness of Portability of Pension Rights for Migrant Workers in the Framework of the CEPGL

Ndikumana

2023

JSS

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The UN knows over 272 million international migrants among whom twothirds are workers who retire time after time needing to acquire their pensions and other benefits. Using a documentary technique, we realized there are many ILO Conventions and the General Convention in CEPGL protecting workers whether themselves or their family members. In accommodation to these international conventions, East Africa adopted a protocol denoting movement of peoples and goods which denotes workers' movement within the community. Using documentary techniques through the reports of the institutions controlling pensions, results show that every year for the fulfillment of these conventions, Burundi and Rwanda pay pensions to retirees who worked in Burundi but went back to their home country in retirement. However, DR-Congo does not send these pensions to retirees who worked in it but came back home in Burundi or went back home in Rwanda after retiring. Reciprocally, Burundi and Rwanda do no longer pay them. In all circumstances beneficiaries are victims of reciprocal measures taken by countries in regard to pension payment in retirement when they go back home from their former working country.

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The Child’s Rights to Clothes for Children Residing with Their Mothers in Prison: Case of Mpimba Prison, Burundi

Nyabenda,

Sindayigaya

2024

BLR

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The children's right to clothes is one of the social children's rights that countries must assist parents in their implementation according to Article 20 §2. A. of the African Charter on the Rights and Welfare of the Child and Article 27 §3 and 4 of the Convention on the Rights of the Child. The only condition required to have this obligation is the poverty situation of the parents causing them incapable of fulfilling it. Among this category mothers in jail are the most recognized. This is balanced with the provisions of Mandela's Rules the same as Bangkok Rules defining that an infant is accepted to reside with her/his incarcerated mother in the sense of achieving her/his best interest. This article aims to inquire about the way children's right to clothes is implemented when the child lives beside her/his incarcerated mother. We used a semi-structured interview with 31 mothers imprisoned at Mpimba Central Prison in Bujumbura Hall City, Burundi. Data was collected with papers on which we marked responses in multiple-choice as we had established them. Data were analyzed with Microsoft Excel, and International Business Machine Corporation-Social Package for the Social Sciences (IBM SPSS) 25, and "Zotero digital research platform" referencing throughout this research. Results show that a maximum of infants have a single kit of clothes, and do not have a kit to wear in leisure moments. Only parents must provide them with clothes or wait for their relatives to do so. No governmental assistance is spoken about in this area of children's right to clothes.

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The perception of the independence of the judiciary power in Burundian law: crossed views

Cited by 9 publications

References 0 publications

The African Charter on the Rights and Welfare of the Child, an Instrument Based on African Socio-Cultural Realities: Truth or Utopia?

The African Charter on the Rights and Welfare of the Child, an Instrument Based on African Socio-Cultural Realities: Truth or Utopia?

Analysis of the Effectiveness of Portability of Pension Rights for Migrant Workers in the Framework of the CEPGL

The Child’s Rights to Clothes for Children Residing with Their Mothers in Prison: Case of Mpimba Prison, Burundi

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