刑事诉讼法再修改与被追诉人财产权的保护

强化对被追诉人财产权利的保护是当代中国刑事诉讼制度与实践的应然内容。当下的刑诉法修正案虽然从价值理念、制度设计与技术规范层面对此展开初步调整,但其价值取向的明确度及对现实需求的回应度尚显不足。未来刑事诉讼法修改应综合考量中国社会的整体变迁、域外法治发达国家司法经验,进一步观照被追诉人的财产权利,建构更契合人权保障要求的程序性保障机制。     

Public investment in private problems: legal aid and the family justice system

This paper examines findings from the Legal Aid Board Research Unit's Case Profiling Study in the light of the current reform programmes for both legal aid and family law. The findings relate to over 650 legally aided family cases including divorce, separation, ancillary relief and Children Act 1989 applications. The main aim of the study was to gain a better understanding of what is currently funded by the legal aid fund. Costs have been related to stages of cases and to the strategies employed by solicitors. Finally, I comment on the future role of legal aid in family law, suggesting that, to a large extent, public investment will be maintained. Remuneration of service providers will evolve as systems of contracting are introduced in January 2000. There will be continued emphasis on family mediation as an alternative method of dispute resolution. However, cases involving issues relating to children and their welfare will remain within the scope of public support. Domestic violence and other emergency issues will also merit high priority. Although there will be extensive changes in other areas of legal aid, family law appears to remain relatively unscathed.     

Considering the ecohealth approach: Shaping Haitian women's participation in urban agricultural projects

This paper examines the social and gender politics of a women's urban garden project supported by the International Organisation of Migration, in Cap Haitien, Haiti. My study highlights how the development process created an unmonitored symbolic space where society's normalised gender processes reproduced broader social inequalities, which, in turn, prevented the project from meeting the women's practical and strategic goals. Then, I discuss how the ecohealth approach, as an alternative design framework, could make symbolic space visible to be critically engaged and analysed by participants, to account for gender process, and create an emancipatory activity.     

Doing development differently: Rituals of hope and despair in an INGO

Through an anthropological lens, using examples from working in an international NGO, I explore how and why a group of development workers navigated the coercive practices of aid in ways that benefitted their partners in Africa, Asia, and Latin America. Rather than seeking conspiracies to explain the gaps between development rhetoric and practices, I suggest that people both contest and collude with bureaucratic systems of rule. Youth Rights reformed various rituals and created different management practices internally, as well as maintaining its long-established solidarity approach with partners, but only managed to challenge the donors’ controls to a limited extent.     

A training approach for community maternal health volunteers that builds sustainable capacity

This article examines a training approach for community health volunteers which increased access to maternal health services in rural communities in Zambia. The effectiveness of the training approach was evaluated in an operations research component. Skilled birth attendance rates increased by 63% from baseline over a two-year period in the intervention districts, out-performing increases recorded in control sites at statistically significant levels. As a low-cost, high-impact intervention which shows good sustainability potential, the approach is suitable for national level scale-up and for adaptation for use in other countries in support of maternal and new-born health goals.     

Centring African culture in water,sanitation, and hygiene development praxis in Ghana: a case for endogenous development

International development aid is driven by actors steeped in Western neo-liberal theory and practice. Africa has largely received failed Western aid, administered mainly through international NGOs in neo-comprador relationships. This article calls for African-centred and -led development, revitalised through endogenous development (ED) praxis. Using a water, sanitation, and hygiene (WASH) sector case study from Ghana, the article theorises Africa's WASH development within the context of globalisation and the politics of knowledge production on Africa. It shows how ED provides African people with self-determining and culturally relevant development necessary for WASH justice and improved health and livelihoods.     

Cultivating “success” and “failure” in policy: participatory irrigation management in Nepal

Introduced over a decade ago and considered largely successful by irrigation professionals, Irrigation Management Transfer and Participatory Irrigation Management (IMT/PIM) policies were recently reviewed and seen to have resulted in more cases of “failure” than “success”. Primary research on two IMT/PIM projects in Nepal, which were among the few “successes” in the assessment supporting a “failed” PIM, shows how such policy-driven evaluations, when defining success, overlook incongruities between policies, institutions, and the evolving dynamics around class, caste, ethnicity, and gender. Without exploring the dynamics of practice, the process of “cultivating” success and/or failure in evaluations provides little insight on how irrigation management works on the ground.     

The role of caste in the implementation of herbal gardens in Bangalore

Over the past few decades home garden research has emphasised the promotion of home gardening for nutritional and other welfare benefits for the poor in urban areas. Still, the urban communities who cultivate plants in their home gardens are in general represented as rather uniform groups, and no distinction is made in terms of caste, ethnic groups, or social class. This article asserts that social stratification represents an important aspect that needs to be taken into account while devising educational programmes and community projects for the promotion of home herbal gardens in urban areas.     

Endogenous development: some issues of concern

This article aims to provide knowledge and practical guidance to managing and implementing within the framework of endogenous development. The paper gives a theoretical overview of endogenous development, linked to issues of globalisation and poverty, and ongoing work among European institutions and academics that suggest shifts in Europe from exogenous to endogenous development approaches. It then makes a case for a paradigm shift – an African alternative to modernisation and development, namely endogenous development – using experiences with two NGOs in Ghana and Zimbabwe to locate theory in practice. The paper concludes with some empirical pre-requisites for conducting endogenous development with rural communities.

This article is prompted by the requests of my students at the University for Development Studies, Ghana, for knowledge and information, and practical guidance to managing and implementing within the framework of endogenous development. I start by giving a theoretical overview of the concept of endogenous development and link it with current issues of globalisation and poverty. I briefly mention current work among European institutions and academics that suggest shifts in Europe from exogenous to endogenous development approaches. Encouraged by such developments, I then make a case for a paradigm shift – an African alternative to modernisation and development, endogenous development. I bring to light the experiences with endogenous development in two NGOs – CECIK (Ghana) and AZTREC (Zimbabwe) – in order to locate theory in practice (praxis). I conclude by providing some empirical prerequisites for conducting endogenous development with rural communities, which demonstrate one way of conducting experimentation with farmers within the context of endogenous development.     

Under-development in practice: Nigeria and the enduring problem of corruption

Nigeria's abundant natural resource endowments should earn the country's bragging rights as the “Giant of Africa”. Instead, 52 years of corrupt practices among the often recycled ruling elites in post-independence Nigeria have crippled this giant and turned what should be one of the country's strongest assets – its vast oil wealth – into a curse. This article critically examines the concerns for corruption as an enduring obstacle to Nigeria's development writ large. After providing a historical trajectory of corrupt practices in Nigeria from the mid-1980s to the present, it discusses some of the recent corruption scandals in the country, in particular the issues surrounding the US$6.8 billion that was drained from Nigeria between 2009 and 2012 in the fuel subsidy scam. The conclusion makes a case for the reworking of a pervasive system in Nigeria that “pardons” corruption and “recycles” corrupt rulers.