How Corruption Undermines Human Rights and Justice in Kenya - 2750 Words

How Corruption Undermines Human Rights and Justice in Kenya (Article Sample) Content: How Corruption Undermines Human Rights and Justice in KenyaBy:Reg. No.:Unit:-Lecturer:April, 2016Contents TOC \o "1-3" \h \z \u Definition of Key Terms PAGEREF _Toc447887409 \h iii1.Introduction PAGEREF _Toc447887410 \h 12.Corruption in Kenya PAGEREF _Toc447887411 \h 13.Corruption and Violation of Human Rights in Kenya PAGEREF _Toc447887412 \h 23.1.Corruption Seriously Inhibits the Realisation of Economic, Social, and Cultural Rights PAGEREF _Toc447887413 \h 33.2.Corruption Introduces Uncertainties and Discourage Investments PAGEREF _Toc447887414 \h 33.3.Corruption Perpetuates Discrimination PAGEREF _Toc447887415 \h 33.4.Corruption Tilts Justice PAGEREF _Toc447887416 \h 43.5.Corruption Infringement of Numerous Civil and Political Rights PAGEREF _Toc447887417 \h 43.6.Corruption Negatively Impacts Rule of Law, Governance and Social Justice PAGEREF _Toc447887418 \h 43.7.Corruption is Linked to Human Rights Abuses, Terrorism and Organized Crime PAGEREF _Toc447887419 \h 53 .8.Corruption Negatively Impacts Security and Infrastructure PAGEREF _Toc447887420 \h 53.9.Corruption Leads to Attack on the Right to Information PAGEREF _Toc447887421 \h 53.10.Corruption Reverses Institutional Functionality of the Justice System PAGEREF _Toc447887422 \h 63.11.Corruption Steals Political and Civil Rights PAGEREF _Toc447887423 \h 6Conclusion PAGEREF _Toc447887424 \h 7References PAGEREF _Toc447887425 \h 7Definition of Key TermsCorruption:- Dishonest or illegal behaviour especially by powerful people (such as government officials or police officers)Human Rights:- The basic rights and freedoms to which all humans are considered to be entitled, often held to include the rights to life, liberty, equality, and a fair trial, freedom of speech, among othersJustice:- An ideal of accountability and fairness in the protection and vindication of rights and the prevention and punishment of wrongs;Rule of Law:-principle of governance in which all persons, institutions and entities , public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. 1 IntroductionThe case of Kenya is illustrative of how the return of grand corruption can derail the reform agenda. Initially, the country took some brave actions to counter corruption, enacting new good laws, instituting a public judicial inquiry into a major past corruption scandal and suspending and sacking public officials suspected of engaging in corruption. Soon, disturbing questions about the governments commitment to fighting corruption began to emerge as a result of scandals affecting procurement in the secretive world of national security. These have dealt a serious blow to the credibility of governments reform efforts.This article discusses how corruption undermines human rights and justice in Kenya. It shows with examples the nature of its effe cts in the observance of human rights. 2 Corruption in KenyaThe Government of Kenya has scaled up its efforts to decisively and conclusively deal with the scourge of grand corruption. Kenya is in the international limelight following the corruption allegations made by former Government officers against senior officials. The Government of Kenya has been engaged in a difficult but sustained war against corruption. When the present Government was elected slightly four years ago, corruption in Kenya had attained endemic proportions. It had become a way of life and was accepted in official circles as a means of accumulating wealth and power. The previous regime officially sanctioned corruption (Mutua, 2001).From the outset, the current government was determined to wage a sustained war against corruption. Very early in its efforts, the Government realised that this war could not be won without effective institutions -- to develop appropriate policies, conduct investigation, undertake pros ecutions, determine cases, and create awareness against the vice (Mutua, 2001).Over the past three years, many criminal and civil cases have been filed in court against perpetrators of corruption. Anti-corruption legislation has also been enacted to underpin the Governments efforts against the vice. However, most of these cases have not been heard due to a new wave of constitutional applications by the suspects intended to paralyse the hearings. Sometimes, professionals -- including lawyers -- are aiding and abetting major corruption scandals by incorporating dummy companies, channelling ill-gotten wealth into foreign accounts and placing obstacles in the way of corruption prosecutions by raising sometimes unmeritorious constitutional applications (Mutua, 2001).This very serious threat to the criminal justice system is being dealt with. The Judiciary has responded by enacting rules that will facilitate and expedite hearing of such applications in order to enable the wheels of justic e to turn. Despite these substantial achievements within such a short period, significant challenges stand in the way of a successful campaign against corruption. Corruption in Kenya taints even the Judiciary and thus corruption ends up being a serious scourge against human rights. 3 Corruption and Violation of Human Rights in KenyaCorruption is a crime against humanity and amounts to a gross violation of individuals rights and freedoms. It also poses a threat to democracy. When a government or country fails to curb corruption, it also fails to fulfil its obligation to promote, protect and preserve the fundamental rights of people. It perpetuates discrimination, prevents the full realisation of social and economic rights and violates fundamental civil and political rights such as the right to free and fair elections. Corruption seriously undermines the protection and enjoyment of human rights in a number of respects. 1 Corruption Seriously Inhibits the Realisation of Economic, Socia l, and Cultural RightsCorruption in particular diverts resources from the intended public use in realisation of rights to decent livelihoods into private bank accounts. Besides creating sudden and extreme income inequalities, the diversion of these kinds of resources causes massive human deprivations. It also causes distortion of government expenditure by diverting public resources away from proper expenditure, such as health and education, towards large capital projects where bribes are higher. In addition, when public contracting is conducted corruptly, it results in sub-standard and overpriced goods and services (Gruskin, 2013). 2 Corruption Introduces Uncertainties and Discourage InvestmentsCorruption also introduces uncertainties into the economic environment, which discourage investments that are critical for economic growth and poverty alleviation (Gruskin, 2013). It is particularly harmful to the poor because the bribes they pay constitute a greater share of their income. Th e poor are also more dependent on public services. Corruption therefore worsens poverty and inequality within societies. 3 Corruption Perpetuates DiscriminationWhereas the Universal Declaration of Human Rights, for example, provides that all human beings are born free and equal in dignity and rights, and the International Convention on Civil and Political Rights provides equality as well as equal protection before the law, corruption makes a mockery of these entitlements. It confers a privileged status on those who bribe such preferential treatment secured through the payment of a bribe constitutes discrimination. 4 Corruption Tilts JusticeCorruption is particularly harmful and poses great dangers when it becomes pervasive in law courts. By tilting the scales of justice, corruption denies citizens their right to legal redress when their freedoms are violated. In this way, a persons rights to a fair trial and recognition as an equal person before the law are violated (Mutua, 2001). 5 Corruption Infringement of Numerous Civil and Political RightsCorruption leads to the infringement of numerous civil and political rights. When corruption permeates politics, for example, and electoral outcomes are determined through vote buying and bribery, citizens are denied their right to political participation (Mutua, 2001). Their rights to vote through universal and equal suffrage are, therefore, greatly watered down. The consequences include incapable and weak leaders, patronage and sycophancy and the erosion of democratic principles. 6 Corruption Negatively Impacts Rule of Law, Governance and Social JusticeThe traditional relationship between corruption and human rights is always a negative one. In the words of the Council of Europe, corruption threatens the rule of law, democracy and human rights, undermines governance, fairness and social justice, distorts competition, hinders economic growth and endangers institutions and moral foundations of society (Justice, 2014). T here is need to establish mutually reinforcing institutional and legal frameworks, strengthen complementing legal framework and increase involvement of nat...

Coming of Age in The Man Who was Almost a Man by Richard...

The Man Who Was Almost a Man What does it mean for someone to become a man? How does one get the key or password to becoming a man? Some believe that becoming a man is just referring to a coming of age, and it somewhat is, however there is more. In the short story â€Å"The Man Who Was Almost a Man† by Richard white, Dave, the main character is a young boy trying to become a man and is searching for the key. However, there are certain ways to do things in society, and there are ways to not, and both of these ways have their benefits and consequences. In this short story Dave sees the gun as a symbol of manhood, and it will set him free of his childhood. Throughout the short story the reader can tell that Dave is eager to leave his childhood†¦show more content†¦Dave still shows thoughts pertaining to the attainable manliness of having a gun by thoughts of shooting at Mr. Hawkins’s house. It seems as if Dave’s thoughts are blurred and all he sees is the key to becoming a man is having a gun and using it so he is doing this as much as he can along with his crave for power, even though it is just causing others to have even less respect for a reckless irresponsible child with a gun. However, Dave’s wishes were still granted when he is forced to start maturing into being a man more rapidly than others and having to take responsibility for his actions. Every choice has its benefits and its consequences, unluckily, with Dave’s choices the consequences greatly outweighed the benefits that were being received. Dave had the wrong idea and believed that a gun could symbolize becoming a man whenever all it actually did is rush him into something that he is not ready for, and cause him to do wrong in the eyes of his family and the society. 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A Rose For Emily By William Faulkner - 986 Words

The history of the South could arguably be split into two sections: The Old South and the New South. The Old South is associated to the life Scarlett O’Hara at the beginning of the Gone with Wind, complete with the antebellum dresses and plantation houses. The New South is commonly associated with the era of Reconstruction and continues on into modern history. What many people fail to contemplate is the transition from one southern era to another, the change wasn t a smooth one. A Rose for Emily by William Faulkner is a metaphor for the conflict between the changing times in the South, also called the development of the â€Å"New South† and the traditional â€Å"Old South† southern traditions. A Rose for Emily by William Faulkner describes the life and death of Emily Greirson, an eccentric woman who lived in the town of Jefferson. 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Business Ethics A Case Study in Scientific Fraud

Question: Discuss about the Business Ethics for A Case Study in Scientific Fraud? Answer: What should it have done differently? Answers will vary, but the author would argue that once the harmful side effects of DDT were made apparent and the EPA banned its sale and use in the USA, Montrose should have pursued an alternative product and ended its production and sale of DDT anywhere in the world (Wrobel, Mlynarczuk Kotwica, 2012). MCC should not have produced/distributedthe chemical until long term side effects are known. Although, the chemical was very useful in the war to aid soldiers from insects carrying diseases the mass production does not conform to Corporate SocialResponsibility. Byinitiating in CSR a company targets social benefits over profit. Was it ethical to manufacture and sell DDT to other countries after the Environmental Protection Agency (EPA) banned its use in the United States due to its harmful effects? Countries facing thousands of deaths as a result of malarial infection were obviously willing to take a utilitarian approach and argue that the ends justified the means in continuing to use DDT. It was highly unethical to sell andmanufacture DDT to other countries after beingbanned by the Environmental Protection Agency (Ogoma et al., 2014). Milton Friedman argues that a company should earn its revenue without deception and fraud. Did the EPA make the right decision when it banned DDT? The chemical compound that has saved more human lives than any other in history, DDT, was banned by order of one man, the head of the U.S. Environmental Protection Agency (EPA).The EPA reacted to current data and an extremely vocal population in the USA that was unhappy with the damage being done to the environment as a result of DDT usage. However, subsequent studies have shown that the use of DDT in much smaller quantities can still be effective in combating malarial infection. This suggests that the EPA didnt really do its homework in requiring an outright ban in the production and sale of DDT. The EPA made the correctdecision when it banned the chemical DDT as it causes more harm than benefits.Sustainabilityis a word used more often in the business world as asuccessful company is now considered not only on profit but howsustainable they are (Nicholson et al., 2013). MCC did not consider the earth's natural systems as it produced a product that is not environmentally friendly. Is the ability to save lives worth the risk to the environment? DDT was claimed to have dire effects on marine life. This question is very subjective as it depends on how a person views the environment in comparison to a human life. Forecasting environmental disasters often requires taking a value-laden leap of faith beyond the present state of knowledge, writes Jocelyn Kaiser. Answers will vary. Third world countries facing thousands of deaths with DDT as their only preventative solution would say yes. More developed nations with better health care systems would say no (McGartland, 2013). When the writer examine the 'triple bottom line it places people ahead of the plant (people, planet, profits). However, both human lives and the environment intertwine, meaning that the environment depends on human life and vice-versa. References McGartland, A. (2013). Thirty Years of Economics at the Environmental Protection Agency. Agricultural and Resource Economics Review, 42(3), 436. Nicholson, R. A., Wilson, R. G., Potter, C., Black, M. H. (2013). Pyrethroid-and DDT-evoked release of GABA from the nervous system in vitro. Pesticide Chemistry, Mode of Action, Metabolism and Toxicology, 3, 75. Ogoma, S. B., Lorenz, L. M., Ngonyani, H., Sangusangu, R., Kitumbukile, M., Kilalangongono, M., ... Moore, J. (2014). An experimental hut study to quantify the effect of DDT and airborne pyrethroids on entomological parameters of malaria transmission. Malaria journal, 13(1), 1. Wrobel, M. H., Mlynarczuk, J., Kotwica, J. (2012). The effect of DDT and its metabolite (DDE) on prostaglandin secretion from epithelial cells and on contractions of the smooth muscle of the bovine oviduct in vitro. Toxicology and applied pharmacology, 259(2), 152-159.