International Journal of Law and Legal Studies

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 8 (2), pp. 001-009, February, 2020. © International Scholars Journals

Full Length Research Paper

An examination of the legal rights of surgical patients under the Nigerian laws

Jadesola O. Lokulo-Sodipe

Faculty of Law, University of Ibadan, Nigeria. E-mail: [email protected].

Accepted 10 October, 2019

Abstract

With the passing of the Universal Declaration of Human Rights, 1948 and signing of the International Covenants on Civil and Political Rights, 1966 and the Economic, Social and Cultural Rights, 1966, there has been a global emphasis on human rights. The issue of patients’ rights has also been brought to prominence with the advent of modern technology and the availability (and use) of artificial measures to prolong life; the evolution of legal rights and duties of patients, an increased concern for the rights of the patients, the increase in number of people affected by HIV/Aids, and a growing population of elderly patients. However, apart from those international instruments setting out human rights, most national Constitutions have equally set out fundamental rights of individual. In this category is the Constitution of the Federal Republic of Nigeria, 1999 which sets out fundamental human rights enjoyable by everyone (any patient inclusive) within the territory of the country. Violation of these rights is enforceable in court and the violator may be liable to pay heavy damages and compensation. This article discusses those rights that centre on the relationship of a patient and his/her healthcare providers, specifically, the rights of a surgical patient in relation to his/her medical doctors, nurses, other health personnel and health institutions.

Key words: Surgical patients, human rights, legal rights, autonomy, self determination.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 8 (1), pp. 001-007, January, 2020. © International Scholars Journals

Full Length Research Paper

Strategic management and improvement of the Malaysian Police from the perspective of the Royal Commission Report

Nadhrah A. Kadir¹ and Kamaruzaman Jusoff^2*

¹Faculty of Administrative Science and Policy Studies, University of Technology MARA Terengganu, 23000 Dungun, Terengganu.

²TropAIR, Faculty of Forestry, University of Putra Malaysia, 43400 Serdang, Selangor. Malaysia.

Accepted 10 November, 2019

Abstract

The focus of this paper is on the Royal Malaysian Police (RMP) where the issues in improving the RMP along with its problems from the perspective of strategic management in the public sector based on three important themes that is, strategy, implementation and politics were addressed. The discussion draws substantially from the Report of the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police (2005) [hereafter RCR] and the analysis was guided by the framework presented by Kelman (1987) and Moore (1995). For any improvement to take place, the problems must first be identified. Based on the problems of the RMP identified by the Royal Commission (RC), suggestions for improvement will be provided. This paper starts by looking at the strategy of the RMP. This is followed by the second section which focus on the implementation part and the concluding section provides the challenges facing the RMP with regard to the politics.

Key words: Police, accountability, reforms, public management, public value.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 8 (1), pp. 001-004, January, 2020. © International Scholars Journals

Short Communication

Is Ban ki Moon heading the UN’s demolition squad?

Satheesan Kumaaran

Editor-in-chief, Voice of Voiceless Newspaper, E-mail: [email protected].

Accepted 13 September, 2019

Abstract

The United Nations failed to stop the hostilities between the LTTE and the Sri Lankan government. When thousands of Tamils were dying in the hands of the Sri Lankan state through aerial and artillery shelling for more than six months without a break, Ban ki Moon failed to stop the hostilities between the LTTE and the Sri Lankan armed forces. The UN failed to bring the perpetuators of the war crime to book. Over 280,000 civilians have been put in internment camps established by the government in Vavuniya without allowing the international media or UN agencies or any other non-governmental agencies to help despite outcries that the government armed forces were torturing civilians, but the UN is acting as a mute spectator. The UN can no longer act as a global organization for the betterment of humanity. Their officers are self-serving subservient to states that maintain them financially. Many international law and international relations experts argue that the UN should be completely reorganised, as all the administrative bodies, except the Social and Economic Council, are biased and lack the fortitude to bring global peace. Sri Lanka, a tiny island, in the Indian Ocean, is a classic example. Although not a major powerhouse for attracting the interest of global powers, with very little military power and receiver of military supplies from other countries, the corrupt behaviours of the UN’s top officials and their servile team could bring UN to its knees due. The global society needs to think that any single, powerful country can use nuclear weapons against one another, and even if the UN sends emissaries and the UN Secretary General visits, their support still goes to the violators in the end. Ban ki Moon has made sure that there would be no justice to the oppressed even from the highest citadel of humanitarian justice.

Key words: Ban Ki Moon, United Nations, The League of Nations, Sri Lanka liberation tigers of Tamil Eelam, Tamils, genocide, civil war in Sri Lanka.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 8 (1), pp. 001-008, January, 2020. © International Scholars Journals

Full Length Research Paper

“Agba (elder) as arbitrator: A Yoruba socio political model for conflict resolution” - A review of Lawrence O. Bamikole

Fayemi, Ademola Kazeem

Department of Philosophy, Lagos State University, Badagry expressway, Ojo, P. M. B 1087, Apapa, Lagos State, Nigeria. E-mail: [email protected].

Accepted 10 October, 2019

Abstract

The paper is a critical review of Lawrence O. Bamikole’s paper, “Agba (elder) as Arbitrator: A Yoruba Socio-political Model for Conflict Resolution”. It challenges the fundamental assumptions of Bamikole’s paper as well as its central arguments as false interpretations, incongruent with the Yoruba worldview. Contra Bamikole, the paper argues that the capacity of the agba (elder) to manage conflict shrewdly in traditional Yoruba society was a combined function of the elder’s personality, proverbial communicative prowess, as well as an understanding of the social principles of conflict management in Yoruba culture. Beyond Bamikole’s narrow conception of agba (elder) as arbitrative agents, the paper holistically explores the concept of agba (elder) as a vital complementary institution for conflict management in contemporary Africa.

Key words: Conflict, arbitration, conflict management, agba (elder), peace.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 8 (1), pp. 001-009, January, 2020. © International Scholars Journals

Full Length Research Paper

Language and communication in conflict resolution

Amuseghan Sunday Adejimola

Department of Arts Education,Adekunle Ajasin University, Akungba-Akoko, Nigeria. E-mail: [email protected].

Accepted 14 October, 2019

Abstract

Language in action can be seen in terms of verbal, non-verbal and written media. Therefore, language and communication are sine qua non in this world of words and continued eruptions of conflicts or disputes. What defines human’s humanity is language which is the vehicle of communication. People, therefore, engage in communication for many reasons and for the purpose of this paper, we shall examine the roles and functions of communication as one of the means of non -violent methods of conflict resolution. Language is regarded by experts as the key to the heart of a people. Language and communication, therefore, are very crucial in the management and resolution of conflicts or disputes between the two parties in conflicts. As important as language and communication are in conflicts and conflict resolutions, they are not properly focused in the works of many writers and researchers. This paper, therefore, identifies communication as a significant means of resolving conflicts. Other non-violent methods of management and resolution of conflicts where the use of language and communication are crucial and significantly inevitable include negotiation, dialogue, mediation, adjudication, arbitration as well as the use of the mass media. It is the opinion of this paper that the roles and functions of language and communication should be more focused, analysed and utilized in order to find out the root causes, management, effects and resolutions of conflicts in the society.

Key words: Peace, conflict, non-adversarial procedures, use of language, communication, mediation, resolution.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 8 (1), pp. 001-013, January, 2020. © International Scholars Journals

Full Length Research Paper

Advocacy campaign design for interethnic violence reforms in Kenya

Dennis Otieno Oricho

Center for Justice and Peacebuilding – Eastern Mennonite University, 1200 Harrisonburg, 22802 Virginia,U.S.A. E-mail:[email protected]/[email protected]

Accepted 16 September, 2019

Abstract

A critical look at the Africa, it is clear that the continent has experienced a lot of conflicts and civil wars. The magnitudes of conflicts have certainly divided the continent within ethnic, cultural, political, social and economical dimensions. It becomes clear that designing a campaign advocacy for inter-ethnic non-violent reforms of peace-building is of paramount importance towards developing social transformation in changing people’s worldviews. It is evident that human identity needs are linked to worldview or the worlds people construct for themselves based on their culture and language; where these factors provide both a common framework for people and a way of seeing and creatively acting in the world. This article seeks to critically explore the assumption that, existence of ©inter-ethnic violence in Kenya© and tribal hatred in a nation is an indicator of lack of a core national character and value element. The methodologies and tactics discussed have effectively or potentially been effective in resolving conflict non-violently in many cases within Africa, Asia, and the Western World. The primary objective of this article is to explore these methodologies of peace- building based on Socio-cultural norms, values and expectations that constitutes to key determinants for the way a society approaches conflict of inter-ethnic violence, as well as for the processes considered acceptable/desirable for conflict transformation. In other words, the focus of the article is not only on the process of these interventions, but also on their outcome based on the context, content and the process. While there is a lack of more comprehensive theoretical frameworks for inter-ethnic violence reforms in Kenya, this article tries to fill the gap by presenting advocacy campaign that influence change by targeting primary stakeholders involved, groups to include in the movement for change, those likely to resist change, sources of power, and the dependency balance. Finally, the article points out considerable measures for achieving sustainable change through peace-building framework and theory of change.

Key words: Non-violence, inter-ethnic, peace-keeping, conflict transformation.