Thursday, February 27, 2020

Drawing upon general theories of transitional justice, analyse the Essay

Drawing upon general theories of transitional justice, analyse the strengths and weaknesses of Rwanda's experimental community - Essay Example Since transitional justice is interdisciplinary, it addresses several social elements and provides judicial approaches that the gacaca courts are offering in Rwanda. Rwanda’s experimental Gacaca courts are grassroots, village or community-based hearings wherein the community judges, defends as well as prosecutes individuals accused of genocide crimes1. Based on apparent outcomes of various hearings, the gacaca court system has several strengths associated with sociological, economic, cultural, and psychological benefits. Some of the economic benefits include timeliness, cost, and social drain of individuals in the prison. Besides, social relations effectively addressed by Gacaca courts include the perpetrator’s mentality or mind-set, and the general social objective of creating a unified community as well as country. However, Gacaca courts have several weaknesses, which include procurement of suspects, procedural issues, deprivation of rights of the defendant, and court legitimacy problems2. This essay will analyze the strengths and weaknesses of Rwanda’s experimental community-based gacaca courts based on general theories of transitional justice. It will consider how Rwanda incorporates truth, retributive, and reconciliatory techniques of resolving conflict to address the 1994 genocide cases. Furthermore, the significance of Gacaca courts in attaining social, economic, and political needs of post-genocide Rwanda will be analyzed. Strengths of the Gacaca Courts Economic Benefits Gacaca trials have cost-related benefits because they are carried out in the communities and neighborhoods where the offenses occurred. The community-based Gacaca courts avoid enormous overhead cost that would be incurred by the government such as court costs, utilities, housing, and transportation. Furthermore, judges of Gacaca courts are paid low wages, although lack of financial benefit among judges raises arguments concerning the effectiveness of these Rwandan c ourts. The gacaca trials do not involve lawyers or other sanctioned salaried representation for the defendant, but allows individuals in the community to represent the accused3. However, failure to involve official representation to argue for the accused has several negative aspects associated with the non-existence of due process rights. In this sense, the accused may lack fair treatment in the process. Despite these shortcomings, it is apparent that Rwanda is applying a cost-effective system to deliver justice to her immense population. This is basically attributed to Gacaca courts’ reliance on functioning of judges as members of the community, and voluntary contributions of the communities to the trials. Another economic-related strength of Gacaca courts is timeliness. The Gacaca system avoids the slow-moving process of delivering justice and costs of formal trials that would greatly drain the economy of Rwanda. It also addresses economic drain, which result from the priso n system. By disposing of the cases promptly, the Gacaca system prevents labor drain caused by imprisoned individuals who become unproductive members of the community4. Social-Relations Benefits The Rwandan society benefits on micro as well as macro levels from the gacaca courts, and its capability to consider particular sociological prototypes of perpetrators of the genocide. Most individuals accused at the Gacaca courts do not have

Monday, February 10, 2020

Sale and purchase agreement, contract Assignment

Sale and purchase agreement, contract - Assignment Example ivers the Goods to Carrier or Bill of Sale to Purchaser: The seller allows the allocation of his land to the buyer, which in this cases the good, is land upon the completion of the remaining amount of money, which is SR 500.000. Any Risk of Loss or Damage is transferred to the Purchaser when: land sales and purchase agreement involves a lot of risk bearing. If the land on sales is by law owned by the government for instance, the purchaser will bear the risk of losing his money to the seller. A comprehensive agreement should henceforth be arrived at after the land search process as per the legal requirements by land laws have been constitutionally verified. Purchaser Receives the Goods or a Bill of Sale: Land sales is instant upon the payment of full amounts of money by the buyers. In Ahmed and Saleh’s case, there would be need to wait until the last payments are made an title issued in the name of the buyer then the transfer of ownership would be legally made. Seller delivers the Goods to a Carrier or a Bill of Sale is given to the Purchaser: The bill of sale must be issued to the purchaser of the land as there is some monetary value already attached to this sales. Mr. Saleh has paid in deposit SR 1.5 hence he is allowed to acquire a bill of sale to warrant him the unconditional ownership of this land in case of any mischief by the seller. Whether Assignment of this Agreement is allowed: the assignment of this agreement would be finally sealed as both Ahmed and Saleh are in a business agreement wherein there must be a willing seller and willing buyer. Warranty (what I am promising about the Goods): The seller must promise on the legitimacy of his land whereas the purchaser must pledge the payment of the remaining sum of money that is SR 0.5 million in this sale and purchase agreement. Additional Clauses: Additional clauses may include the validity of the land ownership. In this case the land is purchased by a foreigner thus the time frame for ownership of