Hot water: Treasure hunters vs the law
Posted: 26 November, 2020 Filed under: Ross Booth | Tags: artefacts, Colombia, Convention, country of origin, international law, international treasure hunting organisation, National Heritage Recourses Act, Odyssey Marine Exploration, shipwrecks, sunken fortunes, treasure hunting, UNESCO Convention 1 Comment
Author: Ross Booth
LLB student, University of KwaZulu-Natal
The ocean is an enormous place. In fact, its enormity is estimated to cover an area of 361 million square metres and hold around 97% of the earth’s water. It is thus no surprise that things are sometimes lost to the gargantuan depths. However, what happens when they are found?
Modern-day treasure hunting has become a high-risk-high-reward field, but it seems that in many cases, the risk vastly outweighs the reward. Most people, infatuated by the possibility of discovering sunken fortunes, fail to realise the implications that could arise if they do. In fact, the law has made it virtually impossible to keep the entirety of one’s treasure hunting loot – if any portion at all.
Africa is bleeding: The Anglophone crisis in Cameroon
Posted: 4 November, 2020 Filed under: Mary Izobo | Tags: #StopCameroonViolations, 24 October 2020, Anglophone crisis, autocratic, Cameroon, democracy, discrimination, economic resources, Francophones, human rights violations, inequality, Mother Francisca International Bilingual Academy Kumba, President Paul Biya, rule of law, territorial integrity Leave a comment
Author: Mary Izobo
International Human Rights Lawyer and Gender Advocate
Introduction
The failure to promote the rule of law and democracy creates an environment for conflict, often exacerbated by marginalisation, discrimination, inequality and inequity. The bitterness of citizens roused by violence is usually entrenched in lack of basic services and public infrastructure, corruption, lack of personal and economic security and lack of transparency and accountability of government to its citizens. Thus, the greatest problem of African countries is their failure to protect the economic, political, social, and cultural concerns of its people. This year, 2020 has been marred by a series of human rights violations from Lagos to Kumba, Africa is bleeding.
On 24 October 2020, at least eight children were killed, and dozens wounded by a group of armed men at the Mother Francisca International Bilingual Academy Kumba, in the Southwest Region of Cameroon. There has been a lot of attacks in Cameroon since 2016, however, these attacks have intensified dramatically.
Attempts at constitutional reform in The Gambia: Whither the Draft Constitution?
Posted: 26 October, 2020 Filed under: Satang Nabaneh | Tags: Adama Barrow, Constitution Promulgation Bill, constitution-drafting process, Constitutional Reform, Constitutional Review Commission, CRC, dictatorship, Draft Constitution, Economic Community of West African States, ECOWAS, Final Draft Constitution and Report, National Transitional Justice Programme, New Constitution, The Gambia, Yahya Jammeh 1 Comment
Author: Satang Nabaneh
Post-doctoral Fellow, Centre for Human Rights, University of Pretoria
The Gambia’s constitution-drafting process, aimed at ushering in a third Republic, has reached an unfortunate dead-end. More than two years after the constitutional review process began, and after a highly acrimonious and polarised debate in the National Assembly, Parliament, one week ago (on 22 September 2020), rejected the proposed Constitution Promulgation Bill, 2020 (‘the Bill’). The Bill would have enabled the eventual promulgation the Constitution of the Gambia, 2020 (‘Draft Constitution’) and the repeal of the Constitution of the Republic of The Gambia, 1997 (‘1997 Constitution’). Twenty-three lawmakers in the National Assembly voted against the Bill, while thirty-one supported it. This was, however, not a big enough majority to meet the threshold requirement of three-quarters of members needed to effect constitutional change. The Draft Constitution could, therefore, not be put to a referendum.
Adolescent girls and young women have a right to know: Accessing information on sexual and reproductive health and rights in the wake of COVID-19
Posted: 22 October, 2020 Filed under: Kerigo Odada | Tags: accessing information, adolescent girls, COVID-19, experience, exploitation, human rights abuses, information, pandemic, sexual and reproductive health and rights, sexual violence, skills, SRHR, unintended pregnancies, unsafe abortions 1 Comment
Author: Kerigo Odada
Human Rights Lawyer; LLM (Sexual & Reproductive Rights in Africa) student, Centre for Human Rights, University of Pretoria
For many adolescent girls and young women around the world, adolescence marks not only the commencement of puberty, but also a time where statistically, the risk of facing human rights abuses such as sexual violence, exploitation, and other adverse outcomes of sex increases. However, despite this high predisposition to abuse, adolescent girls and young women still face multiple barriers in accessing information on sexual and reproductive health and rights (SRHR). Discriminatory cultural values, laws, and policies that are driven by the stigma attached to sexuality have made it challenging for members of this social group to enjoy full access to much needed SRHR information.
As of April 2020, about 1.725 billion students worldwide were forced out of learning institutions due to COVID-19. Although the closure of schools and other lockdown measures were strategic in controlling the spread of COVID-19, this situation unfortunately meant that many adolescent girls and young women were now confined in homes where they were, and still are, at a heightened risk of prolonged sexual abuse, exploitation and negative outcomes of sex.
Ending child marriage: A call to action
Posted: 13 October, 2020 Filed under: Mary Izobo | Tags: 11 October, ACRWC, Africa, African Charter on the Rights and Welfare of the Child, both boys and girls, child marriage, complications from pregnancy, financial freedom, fundamental human rights, Gender discriminatory norms, gender-sensitive laws, girl child, ICRW, International Council of Research on Women, International Day of the Girl Child, My voice, our equal future 2 CommentsAuthor: Mary Izobo
International Human Rights Lawyer and Gender Advocate
Introduction
The International Day of the Girl Child is commemorated globally every year on 11 October since 2012 to highlight the injustices girls face based on their gender, while advancing the fulfilment of their rights, development and wellbeing. The United Nations theme for the International Day of the Girl Child 2020 is ‘My voice, our equal future.’ There is a specific emphasis on the girl child because there is a direct form of discrimination against girls who are often deprived of their fundamental human rights. Millions of girls from birth are discriminated against on the grounds of sex and gender. This year, as we commemorate the International Day of the Girl Child, it is important to bring to the world’s attention, child marriage which continues to be an unending anathema that serves as a challenge in the fulfilment and enjoyment of the rights and welfare of the girl child.
Child marriage is the marriage of a child before he or she turns 18 years of age. It is a global phenomenon that continues to obstruct the wellbeing of young boys and girls. Child marriage affects both boys and girls, but nine in ten children married off before they turn 18 years are girls. Every two seconds, a girl is married off, before she is physically, psychologically or emotionally developed enough to become a bride or mother. An estimated 650 million women and girls in the world today were married before they turned 18 years and one-third of these women and girls were married off before they turned 15 years. According to United Nations International Children Emergency Fund (UNICEF), out of the world’s population, 1.1 billion are girls and 22 million of them are married off before they attain adulthood.
Critical analysis of Pan-African Parliament’s resolution on peace and security in Africa
Posted: 10 October, 2020 Filed under: Masalu Masanja | Tags: Africa, African Court, African People, African Union, Article 17, AU Constitutive Act, CEWM, conflict, Continental Early Warning Mechanism, economic integration, lack of expertise, Pan African Parliament, Pan-African Parliament, PAP, peace and security, Peace and Security Council, PSC, stumbling blocks, violence, war 1 Comment
Author: Masalu Masanja
LLM (HRDA) student, Centre for Human Rights, University of Pretoria
Introduction
The Pan-African Parliament (PAP) is among the nine organs of the African Union (AU) established with the aim of ensuring the full participation of African people in the development and economic integration of Africa. This purpose is anchored under Article 17 of the of the AU Constitutive Act. One of the objectives of PAP is the promotion of peace and security on the continent. In terms of its mandate, PAP is limited to consultative and advisory power within the AU. Its full-fledged legislative power is provided for under the Protocol to the Constitutive Act of the African Union on the Establishment of the Pan-African Parliament (Malabo Protocol), which is yet to come into force. This opinion piece seeks to examine critically the resolution on peace and security with a specific focus on the Continental Early Warning Mechanism (CEWM).
War and violence in Africa are among the stumbling blocks to economic development and integration in Africa. Consequently, the PAP passed a resolution on the promotion of peace and security in Africa at its Second Session of the Fourth Parliament held from 5 to 17 October 2015. This opinion piece specifically focuses on PAP’s recommendation on the need of reinforcing CEWM in conflict prevention in Africa and the establishment of an African centre for conflict and arbitration focusing on providing training and capacity building on alternative dispute resolution mechanisms in the five sub-regions of Africa, under the oversight of African Court on Human and Peoples’ Rights.
Uncontacted peoples: A legal failure
Posted: 2 October, 2020 Filed under: Ross Booth | Tags: "uncontacted peoples", Amazon, Declaration on the Rights of Indigenous Peoples, forced assimilation, hired guns, hiring gunmen, indigenous communities, indigenous groups, indigenous peoples' rights, isolated communities, isolation, John Allen Chau, no-go-zones, North Sentinel Island, outside intrusion, pistoleros, South America, trespassing 1 CommentAuthor: Ross Booth
LLB student, University of KwaZulu-Natal
In the age of antiquity, brilliant minds spoke of lost cities and forbidden regions that lay beyond the edges of the known world. Plato famously wrote of Atlantis – a hyper-advanced civilisation that fell from favour with the Gods and was submerged beneath the sea as a consequence. As the world developed, however, and explorers chartered the unchartered, humans realised that these myths were exactly that – myths. But global expansion revealed other mysteries, and while the ideas of golden cities and sunken empires have faded into fable, lost and isolated tribal groups have certainly existed – and still do to this day.
It is roughly estimated that some 100 tribes still operate in varied isolation worldwide, with the bulk situated in different parts of South America. Having largely resisted outside contact (or contact with neighbouring tribes), these indigenous groups have earned the name “uncontacted peoples” – a term that has sparked interest among tourists and missionaries alike. Acting from curiosity or personal intent, many outsiders have sought to intrude upon isolated communities – with differing outcomes. In some instances, tribal groups have welcomed strangers and allowed them to view and even participate in cultural activities. The Jawara tribe on the Andaman Islands of India, has been known to allow tourists and researchers onto their reservation without trouble – even occasionally sending their children to settlements beyond the reserve to be educated. Other tribes, however, are known to respond to outsiders with aggression and violence. The inhabitants of North Sentinel Island are notable for ferociously resisting outside contact, with two fishermen and an American missionary, John Allen Chau, dying as a consequence of trespassing onto the island.
Promoting sexual and reproductive health and rights for women with albinism in Africa
Posted: 11 September, 2020 Filed under: Satang Nabaneh | Tags: Africa, albinism, contraception, CRPD, discrimination, have limited knowledge on albinism, health care, human rights violations, infanticide, International Conference on Population and Development (ICPD) Programme of Action, lack of access to education, Maputo Protocol, maternal care, physical abuse, physical attacks, sexual violence, stereotypes, stigma, unemployment, unwanted pregnancies Leave a commentAuthor: Satang Nabaneh
Post-doctoral Fellow, Centre for Human Rights, University of Pretoria
Discrimination and stigma relating to persons with albinism remain the norm in many Africa countries. Persons with albinism have been subjected to gross human rights violations. In some extreme cases, persons with albinism in the African region have been killed for rituals or subjected to other physical abuse. While attention has been given to the killings of persons with albinism worldwide, little attention has been given to other human rights violations they encounter while seeking social services, particularly health care services. Deep-rooted prejudices and stereotypes about persons with albinism tend to aggravate human rights violations they experience. Discrimination against persons with albinism can lead to deleterious health consequences and at the same time hinder access to care for them.
The ISIS threat against South Africa: preliminary questions, considerations and the potential for a regional response
Posted: 9 September, 2020 Filed under: Marko Svicevic | Tags: 40th ordinary summit, Ansar al-Sunna, Cabo Delgado, Dr Naledi Pandor, Dyck Advisory Group, insurgency, ISIS, military assistance, Mocimboa de Praia, Mozambique, propaganda, Protocol on the SADC Tribunal, South Africa, threat, UN Security Council Committee, Wagner Group Leave a comment
Author: Marko Svicevic
Post-doctoral research fellow, South African Research Chair in International Law (SARCIL), University of Johannesburg
Introduction
The recent threat issued against South Africa by the ISIS-affiliated insurgency in Mozambique has once again signaled a growing reality facing the country – an ever-increasing terrorist presence in the SADC region. While the insurgency in the Cabo Delgado province has been around for several years, it is the first time that South Africa has been the target of an open threat. Not unexpectedly, a number of questions have arisen. This post serves to highlight some preliminary questions and considerations relating to the insurgency in Mozambique and the potential threat to South Africa. These include among others: links the current insurgency holds with ISIS, the credibility of the threat issued against South Africa, probability and capacity for the insurgency (or ISIS) to follow through with the threat, and the potential for a regional response.
Angola’s Law and Justice Reform Commission: an opportunity for broader and more robust reforms?
Posted: 31 August, 2020 Filed under: Eduardo Kapapelo | Tags: Angola, Angolan Constitution, Angolan government, constitutional democracy, constitutional imbalance, forms of domination, Joao Lourenço, judicial system, Law and Justice Reform Commission, reform, rights violations, the Commission for Law and Justice Reform, WHO Report, World Report on Violence and Health 1 Comment
Author: Eduardo Kapapelo
Centre for Human Rights, University of Pretoria
In May 2020 Angolan President Joao Lourenço through Dispatch 72/20 established the Commission for Law and Justice Reform (the Commission). The Commission has the mandate to reforming Angola’s law and justice institutions. At first glance the Commission is in line with achieving continental objectives such as the African Union’s Agenda 2063 which stresses that key to achieving Africa’s developmental needs requires ‘democratic values, culture practices, universal principles of human rights, gender, equality, justice and the rule of law are entrenched’.
The Commission has within its scope of work to reform Angola’s judicial system with a particular focus on amending the organic laws of the Constitutional Court, the Supreme Court, the Court of Auditors, the State House, the Attorney General’s Office and the Angolan Bar Association. The exact nature and concrete steps of such reform are still to be seen.
In the commission’s first meeting, Angola’s minister of justice and human rights Francisco Quiero who also serves as coordinator stated that, the establishment of the Commission attested the to the interest of ‘maintaining and reinforcing the institutional cohesion of Angola’s sovereign organs in the promotion of justice and in the construction of justice’. Ironically enough and though Angola’s law and justice reform is of vital importance, the approach in which such reforms are being proposed seem to raise a number of eyebrows.
