Doctoral Theses

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    Legal, institutional and practical challenges of the people-centred principle in the East African community
    (The University of Dodoma, 2021) Mgaya, Gotrib Maternus
    People-centred integration is an aspect underscored in the modern regional integration across the world. The objective of this thesis is to assess the legal, institutional and practical challenges related to the realisation of a people-centred principle in the East African Community, a tool for citizens’ participation in the integration process. It seeks to establish that, despite the lesson learnt from the defunct East African Community of 1967, the legal framework for the current Community is holding a state centric regional integration approach, one of the reasons for the failure of the former East African Community. The study assesses the deficits inherent in the legal regime for the EAC people-centredness as well as practical challenges emanating from the existing EAC legal framework. The study is a qualitative research and employs qualitative research methods. Data were collected through both, field and documentary review. In this regard, key informants and focus group discussions were utilised effectively. The research finds the EAC laws to be ineffective in embracing and implementing the people-centred principle. This ineffectiveness hinders participation of East African people in the realisation of the objectives of the Community. The ineffectiveness revolves around uncertainties related to the legal nature of the Community, relationships between Community and Partner States laws, and failure to recognise a citizen as the primary subject of participation in the functioning of the organs and institutions of the Community. Also, ineffectiveness is related to lack of precise provisions imposing positive obligations on the Partner States and inadequate role of civil society and private sector in taking the Community closer to the people. Further, the study reveals that lack of citizens’ awareness, weak political parties role in the integration process, budget constraints, lack of norms related to the accessibility of information and documents, and theoretical integration dilemma drawback some efforts exerted towards the participation of East Africans in the integration process. From these findings, the thesis concludes that the participation of citizens and other stakeholders in the EAC integration process is weak. Therefore, the adoption of legal and non-legal measures is imperative in realisation of a people-centred EAC to avoid what happened to the defunct Community in 1977
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    Legal challenges relating to irregular migration governance in East Africa
    (The University of Dodoma, 2021) Gasto, Deogratias Ishengoma
    Governance of irregular migration has recently been a concern of the international community due to changes in terms of drivers, stocks and flows, actors and its impacts to social, economic and political systems. This means, the factors that either push or attract people to move irregularly across international frontiers, the role played by agents and technology in facilitating movements and its impacts have increasingly been heterogeneous, evolving and challenging. The problem addressed in this study is lack of adequate and effective laws, policies and institutions governing irregular migration in the East African Community (EAC) and selected Partner States of Kenya, Tanzania and Uganda. The study aimed at examining irregular migration governance challenges caused by the current laws, policies and institutions in the EAC and selected Partner States The study being descriptive and qualitative in nature, employed library research, interview and observation as key methods of data collection. Weighed against universally acceptable irregular migration governance standards from international instruments and best practices in other Regional Economic Communities (RECs), the study has established that irregular migration governance frameworks in both EAC and selected Partner States are fundamentally inadequate, ineffective and contradictory. Also, the study has found that while the frameworks are generally security reactive and country centred, they do not address themselves to a number of pertinent issues in irregular migration governance such as smuggling of persons, transit migration and durable solutions. Also the findings of this study indicate that various institutions tasked with governance of irregular migration at both levels are poorly coordinated and lack technical and financial capacities to effectively execute their roles. In order to address the identified challenges the study recommends that adequate, harmonious, effective and well-coordinated legal, policy and institutional frameworks should be developed at both national and regional levels.
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    Access to criminal justice and laws governing powers of the Director of Public Prosecutions in Tanzania: lessons from India and the United Kingdom
    (The University of Dodoma, 2021) Mkami, Baraka
    This thesis provides a legislative analysis on access to criminal justice and powers of the Director of Public Prosecutions (DPP) in Tanzania with a view of drawing lessons from the United Kingdom and India. The researcher employed documentary review and field data collected through questionnaires and semi-structured interviews. The main objective of this study was to examine how the exercise of the powers vested on the DPP by the laws may infringe the enjoyment of the right of access to criminal justice in Mainland Tanzania. In the light of the stated objective, the central hypothesis of the undertaking was that exercise of powers vested on the DPP by the laws infringes the enjoyment of the right of access to criminal justice in Mainland Tanzania. The study established that the exercise of the DPP‟s powers to certify in writing the denial of bail, enter nolle prosequi, withdrawal of proceedings and take over proceedings instituted by a private prosecutor result in infringement of the right of access to criminal justice. The infringement of the right of access to criminal justice by the DPP has its basis in the laws governing the powers of the DPP. Such laws give wide discretionary powers to the DPP without adequate control mechanisms, as such; the DPP is likely to violate the accused person’s right to access the criminal justice system. Also, the study establishes that Section 148 (4) of the Criminal Procedure Act, Section 36 (2) of the Economic and Organized Crime Control Act and Section 19 of the National Security Act deny the courts powers to control the exercise of the DPP’s powers in criminal proceedings. In so doing, they infringe and negate the right of access to criminal justice in Mainland Tanzania. Moreover, this study found out that, in the UK and India, the law and practice protect and safeguard the right of access to criminal justice by limiting the powers of the DPP compared to Tanzania’s laws. Finally, the study recommends that there is a dire need for reform of laws governing the powers of the DPP in Mainland Tanzania to uphold the right of access to criminal justice.