The Death Penalty and the Right to Life in the Draft Constitutions of Zambia and Zimbabwe
Posted: 18 April, 2013 Filed under: Andrew Novak | Tags: burden of proof, constitution, death penalty, extenuating circumstances, India, right to life, South Africa, United States of America, Zambia, Zimbabwe 1 Comment »
Author: Andrew Novak
Adjunct Professor of African Law, American University Washington College of Law and incoming Adjunct Professor of Criminology, Law, and Society, George Mason University
On 16 March 2013, Zimbabwean voters overwhelmingly ratified a new constitution, which contains a right to life provision that dramatically scaled back the scope of the death penalty. The new constitution restricts the death penalty only to aggravated homicide and requires a judge to consider all mitigating factors in order to dispense a death sentence. The death penalty is a prohibited sentence for women and persons under the age 21 or over the age 70. The new constitution also establishes a constitutional right for prisoners to seek commutation or pardon from the executive. The death penalty was abolished for non-homicide offences, including treason, a notoriously politicised charge in recent years. Newspaper reports indicated that the Cabinet would review the cases of each of the current 72 death row inmates, even though a new hangman was hired in February 2013 after a twelve-year long search. The two women on death row would have their sentences automatically commuted.
Restrictions on the operation of civil society organizations in Africa violate freedom of association
Posted: 11 June, 2012 Filed under: Esete B Faris | Tags: African Charter on Democracy, civil society, CSOs, Egypt, elections, Eritrea, Ethiopia, freedom of association, funding, governance, human rights monitoring, intimidation, limitations, registration, Zimbabwe 4 Comments »
Author: Esete B Faris
LLM (Human Rights & Democratisation in Africa) student, Centre for Human Rights, University of Pretoria
The role of civil society cannot be underestimated in Africa. Despite the fact that several governments are suppressive, there is widespread circulation of information on human rights abuses and successes. This is attributable to the immense role that civil society plays. Without a civil society in Africa, the world would not hastily recognise the shortcomings of African leaders’ regimes.
It is undeniable that an independent and effective civil society contributes to the protection and promotion of democracy and human rights in a country. The role of Civil Society Organisations (CSOs) is to serve as a watchdog at the domestic level and international level. This implies that the right to freedom of association is essential for CSOs to operate effectively and efficiently.
