The Zimbabwean government’s measures to address maternal mortality have little prospects of success

linettedutoitAuthor: Linette du Toit
LLM (Human Rights and Democratisation in Africa) candidate, Centre for Human Rights, University of Pretoria, South Africa

It is a universal and timeless reality that women face the risk of death in the process of giving life. In recent years, this risk has been virtually eliminated for those who have access to the necessary prenatal care and emergency medical assistance. Contrary to the global trend, Zimbabwe has seen a stark increase in its number of maternal deaths and currently sits with a figure that is 50% higher than the sub-Saharan average.

This state of affairs is not surprising in light of the disintegrated nature of Zimbabwe’s public health system, which reached its lowest point in 2008. At that time, government policies led to the closure of public hospitals and a medical school in Harare. Basic resources and emergency care have not been consistently available and the government’s failure to remunerate healthcare professionals with set salaries left many of them with no choice but to leave the country. The continuing epidemic of deaths which could have been prevented indicates an alarming disregard for a variety of rights and obligations on the part of the Zimbabwean government. Questions arise as to whether the government is taking appropriate measures to address the plight of Zimbabwean women.

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Realising inclusive education for children with disabilities in Lesotho

precious_eriamiatoeAuthor: Precious Eriamiatoe
LLM (Human Rights and Democratisation in Africa) candidate, Centre for Human Rights, University of Pretoria, South Africa

Inclusive education advocates for educational systems with an approach that serves the needs of all learners while identifying and overcoming barriers that prevent persons with disabilities from being included in the educational system. Lesotho has a high literacy rate of 87%. In spite of this commendable figure, about 40% of children with disabilities (CWDs) between the ages of 5 and 10 do not attend primary school while 23% of children with disabilities between ages 10 and 20 do not attend high school. These figures are significantly higher when compared to children without disabilities in the same age groups.

The Constitution of Lesotho recognises education as a directive principle of state policy under Chapter 3 of the Constitution and not as a justiciable right. However, the Child Protection and Welfare Act of 2011 and the Education Act of 2010 expressly affirm the right of children with disabilities to education. In addition, Section 4(2)(b) of the Education Act imposes an obligation on duty bearers to ensure that children with disabilities are included in the educational system. The right to education is also protected under Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). This provision also places an obligation on state parties not to exclude children with disabilities from free and compulsory primary education, and that the inclusion is complemented by accessibility, reasonable accommodation, and effective individualised support aimed at maximising academic and social development. Lesotho ratified the CRPD in 2008 and adopted a free universal primary education in 2001 as a means of achieving education for all. Lesotho has a National Disability Policy of 2011, the Education Sector Strategic Plan 2005-2015, and the Special Education Unit all geared towards achieving inclusive education for people with disabilities. The legal implication of these laws and policies is that the government of Lesotho has obligations under international and domestic law to ensure that children with disabilities are not excluded from the general educational system and that children with disabilities can learn on an equal basis with abled children. However, children with disabilities still do not attend primary school. There is a huge gap between the legal framework and the practical implementation of inclusive education in Lesotho.

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Survival rights of Eritrean refugees in Ethiopia: The Shimelba refugee camp case

Kbrom AlemaAuthor: Kbrom Alema Germay
Candidate Judge at the Aga’ezi Justice Organs Professional Training Center and Legal Research Institute

Currently, Ethiopia is among the developing countries that are hosting thousands of refugees from Eritrea, Kenya, Somali and Sudan, and that mandates refugee to reside in camps. Some of the refugees in Ethiopia live in the northern parts of the country in a camp called the Shimelba refugee camp. Refugees in this particular camp lived in Eritrea and fled to avoid military service, religious persecution and ethnic discrimination. This camp is situated is in a place widely recognised for its diverse settings and agro-ecosystems, displaying a wide array of environmental problems and vulnerabilities. To this end, the lands are fragile and vulnerable to both natural and human generated calamities, ranging from the shortage of or unpredictable rainfall to species and resource base depletion and degradation rendered more acute by the effects of drought. The location of the camp site is isolated. The environmental conditions are difficult, with temperature ranging up to 42 degree Celsius. The Ethiopian government in collaboration with the United Nation High Commissioner for Refugee (UNHCR), oversight and manages Shimelba.

Ethiopia is signatory to the 1951 Convention relating to the Status of Refugees and its Protocol. Regionally, Ethiopia is also a party to the 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa (African Refugee Convention). Besides these refugee-specific instruments, Ethiopia is also a party to most of international and regional human rights instruments such as the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights (ICESCR); the International Convention on Torture, Inhuman and Degrading Treatment; the Convention on the Rights of the Child; the Convention on the Elimination of Discrimination Against Women; and the African Charter on Human and Peoples Rights, therefore reinforcing the protection for refugees.

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Corruption in Ethiopia: Causes and remedies

Daniel Behailu GeberamanuelAuthor: Daniel Behailu Geberamanuel
PhD student at Law Faculty of Giessen University, Germany

It is often heard (from all concerned) that corruption levels in Africa and particularly in Ethiopia are of concern. Corruption is not only a violation of law and order, but a massive cause for the exacerbation of poverty already entrenched in the society. It frustrates any genuine effort exerted towards societal and economic development both by the government and the people. The ill sides of corruption are not to be undermined nor should efforts to fight it be played up as a political game just to prolong the life of a specific regime posing as the “good guy”. The fight against corruption must not be a tactical step for public attention and a ploy to win the sympathy of people. The fight against corruption by all Ethiopian stakeholders should investigate the root causes of corruption to address the problem sustainably for the following reasons: Ethiopia is cultivating tens and thousands of graduates from universities and technical colleges every year and the lack of jobs is becoming a serious concern.

According to a report by Global Financial Integrity, Ethiopia lost close to $12 billion since 2000 to illicit financial outflows. This is simply disaster in the making. The government must be serious in its fight against corruption because the government’s credibility and whatever level of legitimacy it might have been commanding is put to question. Therefore, in the government cadres’ language, “fighting corruption ought to be a survival issue”.

Every time I hear of anti-corruption efforts in my country, my pain is immense and is summed up by a phrase in the Amharic language “sedo masaded”, roughly translated as “trying to arrest after cutting lose”; the question is why “cut lose”? Why not fix the fence? Why not shut the door to thieves and the corrupt? The question for all of us is how to secure the house. The solution lies in “institutionalising the rule of law”; subsequently, if anyone subverts the system, all due processes of the law must ensue and no one should be considered or consider themselves above the law.

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Upholding human rights in a state of emergency: What Nigeria must do now!

Chinedu NwaguAuthor: Chinedu Nwagu
Program Manager, CLEEN Foundation, Abuja. LLB (Hons) (Imo State University), BL (Nigeria Law School), LLM (Pretoria)

Since 2009, most parts of northern Nigeria, particularly the north-east zone, have been enveloped in a climate of fear and insecurity. This is largely due to the activities of the group Jamā’atu Ahlis Sunnah Lādda’awatih wal-Jihad (People Committed to the Propagation of the Prophet’s Teachings and Jihad), popularly known as “Boko Haram”. What began as a religious movement in 2002 has since grown into a full blown insurgence. The extra-judicial killing of its founder, Yusuf Mohammed, by the police in 2009, perhaps, served as a critical factor. The perennial failure of governance, porous borders with volatile neighbouring countries, high levels of illiteracy, poverty and unemployment, and more recently, the hard-handedness of the government’s military response, have also made mobilisation of support and radicalization a lot easier for the group.

The protracted security crisis has now led to a human rights and humanitarian crisis in those parts. Government interventions, for a long time, proved inadequate and failed to contain the crisis. Instead, several human rights violations were reported from the activities of both the government’s military Joint Task Force and Boko Haram. According to Amnesty International, people living in that part of the country are precariously trapped in a vicious cycle of violence. Lives and limbs have been lost, properties destroyed and people displaced. There is no consensus about the exact casualty figures. Nonetheless, there is no argument that it is well in the thousands now.

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