A human rights approach to internet taxes in Africa

Author: Tomiwa Ilori
HRDA Alumni Coordinator/Researcher: Democracy, Transparency and Digital Rights Unit, Centre for Human Rights, University of Pretoria

Due to increasing underdevelopment in sub-Saharan Africa, many governments have looked towards several means to make up for deficits in domestic fiscal planning. One of the means through which governments have financed their budgets is by levying higher taxes on companies and individuals to be able to raise revenue.

While there may be legitimate reasons for states to levy taxes, in order for a tax system to be regarded as good and effective it needs to comply with at least five basic conditions: ensure a beneficial system; transparent in collection and use; less bureaucratic and equitable – every person should pay a fair amount of taxes not injurious to their well-being. While Information and Communications Technologies (ICTs) potentially impact the global economy, not all economies have thrived equally. In most sub-Saharan African countries, the impacts of ICTs have been least felt which damages the prospects of democratic development in the region. Read the rest of this entry »

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African Colloquium: Overcoming Barriers to Safe Abortion, Jan. 16-17, 2020, University of Pretoria

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Colloquium on Overcoming Barriers to Safe Abortion in the African Region, 16-17 January 2020 at the Centre for Human Rights, University of Pretoria, South Africa. Details, funding, topics, and Call for Abstracts

The Centre for Human Rights, University of Pretoria, South Africa, will host a colloquium on #SafeAbortion and realising women’s human rights from 16 to 17 January 2020. The colloquium is about developing responses to the persistence of unsafe abortion in the African region. The Centre invites abstracts on overcoming barriers to safe abortion in the #African region. The focus is two-fold: critically exploring laws, policies and practices that serve as barriers to access to safe abortion; and suggesting reforms to overcome the barriers in consonance with women’s human rights. The colloquium seeks to bring together scholars, practitioners and researchers from the African region and beyond working on various aspects of abortion.

Abstracts must be sent by email to

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The perpetual endeavour: Gender-mainstreaming and sustainable development in Kenya

Author: Juliet Nyamao
Human Rights Attorney, Kenyan Bar

According to Amnesty International’s Africa 2017/2018 report, women disproportionately bear the brunt of poverty. Persistent discrimination, marginalisation and abuse of women and girls, have systematically become institutionalised by unjust laws. Although the Constitution of Kenya guarantees equal rights and freedoms for both men and women, long-standing gender inequalities have significantly impeded the overall contribution of women and girls in achieving Kenya’s sustainable development agenda. Read the rest of this entry »


#IAmToufah makes the message clear: We are not going to wish the rape crisis away

Author: Satang Nabaneh
Project Officer, Women Rights Unit, Centre for Human Rights, University of Pretoria

In dealing with past human rights abuses and upholding standards of respect for human rights, The Gambia’s transition from an abusive regime to democracy must also entail justice for victims of gender-based violence. Consequently, the most illustrative example of addressing sexual violence being part of the democratisation of society happened last month when 23-year-old former beauty queen, Fatou ‘Toufah’ Jallow accused former President Jammeh of rape.

Toufah detailed her story from the starting point of winning the state-sponsored beauty pageant in 2014 when she was 18 years old. Over the next few months, Jammeh lavished her with cash gifts and other favors including installation of running water in her family house. She was offered a position as a “protocol girl,” to work at the State House, which she declined. She also turned down his marriage proposal. During a pre-Ramadan Quran recital at State House, Jammeh locked her in a room and told her: “There’s no woman that I want that I cannot have.” She said that he then hit and taunted her, injected her with a liquid, and raped her. Days later, she fled to neighboring Senegal.

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Embracing teenage sexuality: Let’s rethink the age of consent in Kenya

william_asekaAuthor: William Aseka
Human Rights Lawyer

When the Court of Appeal in Eliud Waweru Wambui v Republic Criminal Appeal No 102 of 2016, raised the issue of reducing the age of consent for adolescent, there was panic in the whole country. Everyone including leading renowned children rights advocates rejected this idea even without reading the judgment of the court. The judges in this case stated it is rather immature for adults to think that ‘teenagers and maturing adults, do not engage in, and often seek sexual activity with their eyes fully open’. The judges were of the opinion that even though teenagers might not have attained the age of majority, they may have ‘reached the age of discretion’. However, before this case, the High Court in CKW v Attorney General & Director of Public Prosecution stated that the offense of defilement under the Section 8 of the Sexual Offences Act is for the best interest of the child. In CKW case, unlike the Eliud Waweru the accused was a teenager like the victim. In fact, at the time of the offense occurring, both parties were sixteen years of age. The stark reality is that a consensual sexual relationship between two 16-year-olds is a criminal offense in Kenya. These draconian and puritanical laws are largely the product of a conservative political culture that has transformed the fight against child molestation into a full-blown war on teenage sexuality. We now live in a moral milieu so toxic and muddled that we lump together as “sex offenders” teenagers who send nude photos to each other with clergymen who rape toddlers. A first step toward reversing this madness — and actually protecting the health and safety of teenagers — would be to revise the age of consent downward to a threshold in accordance with those of other nations.

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UToronto Law seeks Director, International Human Rights Program

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Apply before July 20, 2019 at 3:59 a.m. EST.
Director, International Human Rights Program (Job #1902704)
Faculty of Law, University of Toronto, Canada
Official Job Details and application info online here.

About IHRP:

The International Human Rights Program enhances the legal protection of existing and emerging international human rights obligations through advocacy, knowledge-exchange, and capacity-building initiatives that provide experiential learning opportunities for students, and legal expertise to civil society, through the following programs and initiatives:

The Director of the International Human Rights Program (“IHRP”) provides clinical, educational, and administrative leadership and support to the IHRP. The Director is the primary contact and responsible for all matters related to the IHRP.  The Director oversees all of the IHRP’s advocacy initiatives, including the clinic, working groups, speaker series, Rights Review magazine, internships, and the mentorship program.  …

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Uganda’s blasphemy law is unconstitutional

Author: Nimrod Muhumuza
Lawyer and LLD candidate, Dullah Omar Institute, University of Western Cape

Laws prohibiting blasphemy are astonishingly widespread worldwide with many countries criminalising conduct deemed blasphemous with disparate punishments ranging from prison sentences to lashings or the death penalty. A comprehensive report prepared by the US Commission on International Religious Freedom found that 71 countries prohibit views deemed blasphemous. These laws have dire consequences for those who find themselves on their wrong side as the most recent and much publicised case of Asia Bibi in Pakistan has demonstrated.

South of the Sahara, the report found that only four countries criminalise blasphemy. Uganda did not make that list. This is despite the provisions of Chapter III, sections 118-122 of the Penal Code Act. Sections 118-121 proscribe conduct that involves the destruction or damage or defilement of any place of worship with the intent of insulting the religion; disturbing religious assemblies, trespassing on burial places hindering burial of a dead body. The utility and legality of these provisions is not inherently the protection of religions and religious ideas and their constitutional validity will not be canvassed at this point.

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