The right to health for refugees in South Africa: Concrete reality or wishful thinking?

Author: Cristiano d’Orsi
Research Fellow and Lecturer at the South African Research Chair in International Law (SARCIL), University of Johannesburg

Scope of the study: How the ‘right to health’ is intended in this work

South Africa (SA) is one of the largest economies in Africa. Since December 2010 the country is a member of the informal association of five major emerging world economies (BRICS) and the only African country to be a member of the G20, the major international forum for economic cooperation and policymaking.

At the end of 2016, SA was reported to be hosting 91,043 refugees.

Although SA has ratified a good number of human rights legal instruments since the end of apartheid, in 1994, , the actual implementation of the rights enshrined in some of them still remain problematic. One such right is the  right of refugees to have access to adequate healthcare in the country.

This situation occurs also because access healthcare services in SA, as with many other fundamental rights in the republic, has historically been biased in terms of a number of arbitrary grounds (p. 55).

Read the rest of this entry »

Advertisements

Where is democracy? Reflections on the ascendancy of Mnangagwa as president of Zimbabwe

Charles NgwenyaAuthor: Charles Ngwena
Professor of Law, Centre for Human Rights, University of Pretoria

What seemed unimaginable has happened. After an uninterrupted ‘reign’ of 37 years, Robert Mugabe, the de facto emperor of Zimbabwe, has ‘resigned’ from office. There has been genuine jubilation not least among those who have been at the receiving end of Mugabe’s increasingly despotic, corrupt and dysfunctional governance – the majority of Zimbabweans. Emmerson Mnangagwa has taken office as Mugabe’s successor. It is a historic moment. Since attaining independence in 1980, Zimbabweans have only known Mugabe as their political supremo – initially as prime minister and latterly as president. The fact of Mugabe’s departure from office, alone, has raised hopes that we might be at the cusp of a compassionate, fairer, humane and democratic Second Republic. At the same time, the clouds are pregnant with contradictions, counselling us not to throw caution aside even as we pine for change. Why is this?

Read the rest of this entry »


The African Court: Need for a system-based approach to jurisprudential affirmation

Author: Sègnonna Horace Adjolohoun
Visiting Professor of international human rights law and comparative African constitutional law, Central European University;
Extraordinary Lecturer, Centre for Human Rights, University of Pretoria
Principal Legal Officer, African Court on Human and Peoples’ Rights

This article is a summarised version of a much longer commentary which shall be published subsequently.
The views expressed below are exclusively those of the author and not of the African Court.

THE IMPERATIVE OF SYSTEM-BASED LAW MAKING

When the African Court became operational in 2006, the expectation was that it will affirm the then widely criticised African Commission on Human and Peoples’ Rights rather than merely “judicialise” the system. The Court therefore bears the historical duty to adopt a system strengthening approach to judicial law-making. As it makes law over the years, it becomes paramount to vet the Court’s pronouncements against that raison d’être. I attempt to do so with respect to its recent decisions.

ADVISORY MATTERS

Substantively, the requests related to a varied range of matters that are both current and novel, ranging from the meaning and scope of the role of the African Union policy organs to ‘consider’ the Activity Report of the African Human Rights Commission to the modalities of litigating the crime of unconstitutional change of government. Unfortunately, the Court did not assert jurisdiction to pronounce itself on the merit of those issues.

Read the rest of this entry »


Conscientious Objection: African reflections on Colombian abortion decision T-388/09, by Charles G. Ngwena

reprohealthlaw blog

Congratulations to Charles Ngwena of the Centre for Human Rights, Faculty of Law, University of Pretoria, South Africa, whose 2014 article in the Journal of African Law is now available online.

Charles G. Ngwena. “Conscientious Objection to Abortion and Accommodating

Women’s Reproductive Health Rights: Reflections on a Decision of the Constitutional Court of Colombia from an African Regional Human Rights Perspective.Journal of African Law, 58 (2014): 183-209  Article now online.

Abstract and Overview:  If applied in isolation from the fundamental rights of women seeking abortion services, the right to conscientious objection can render any given rights to abortion illusory, including the rights to health, life, equality and dignity that are attendant to abortion. A transformative understanding of human rights requires that the right to conscientious objection to abortion be construed in a manner that is subject to the correlative duties which are imposed on the conscientious objector, as…

View original post 705 more words


Recalibrating Nigeria’s Whistleblowing Policy: An urgent plea for a comprehensive whistleblower protection legislation

Author: Olabisi D Akinkugbe
PhD candidate at the University of Ottawa, Canada

This short essay draws attention to the current gap in regulatory framework for the protection of whistleblowers in Nigeria and its potential to derail any meaningful sustained and long-term success of the country’s nascent whistleblower program. The other socio-political factors that would contribute to the effectiveness of the program in Nigeria are discussed in a forthcoming article by the author.

Whistleblowing refers to the public interest disclosure of information by members of an organization or government employees about illegal and immoral practices by other employees or other persons who deal with the organization, such as contractors, in the case of public governance. Employees are often the first to recognize malpractice, fraud, dishonest and illegal activity, or other wrongdoing with potential impact on the public interest. As a public governance integrity enhancing mechanism, it is primarily linked to encouraging and enhancing the public disclosure of wrongdoing in order to improve accountability and transparency.

Read the rest of this entry »


The unclear relation between Angola and its Muslim citizens and migrants: Is Angola discriminating against them?

Author: Cristiano d’Orsi
Research Fellow and Lecturer at the South African Research Chair in International Law (SARCIL), University of Johannesburg

 Angola is a country where the traditional Islamic relation between Muhajirun (‘immigrants’) and Ansar (‘helpers’: locals)[1] seems not to find a fertile ground. Islam in Angola represents a minority religion, with an estimate number of proselytes amounting to approximately 1%[2] of the entire population.[3] These are mostly Sunnis who arrived in Angola from West Africa,[4] Somalia[5] and from families of Lebanese descent[6] following the end of the Angolan Civil War in 2002.

Historically, as many of these immigrants entered Angola illegally, which created the misperception of associating Islam with illegal immigration and crime (almost predominantly counterfeiting of money and money laundering), although barely any evidence of this has been proved.[7] This was affirmed by the UN Special Rapporteur on Freedom of Religion or Belief on her visit to the country in 2007.[8]

Read the rest of this entry »


South Africa: Expulsion of pregnant students violated constitutional rights

reprohealthlaw blog

Many thanks to Godfrey Kangaude, LL.M. (UFS), LL.M. (UCLA), an LL.D. candidate at the University of Pretoria and Executive Director of Nyale Institute for Sexual and Reproductive Health Governance in Malawi, for summarizing this decision with Y. Kakhobwe in Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts, published by Pretoria University Law Press (PULP) in 2017.  228-pages online     Flyer with Table of Contents.     New online edition with links to decisions and analyses.

Head of Department, Department of Education, Free State Province v. Welkom High School & anotherHead of Department, Department of Education, Free State Province v. Harmony High School & another (CCT 103/12) [2013] ZACC 25, 2013 (9) BCLR 989(CC); 2014 (2) SA 228 (CC) (10 July 2013)   Constitutional Court of South Africa Decision online.    Case summary by G. Kangaude and Y. Kakhobwe.

Two South African high…

View original post 486 more words