A shift towards culture and skills development: A solution for internally displaced persons in NigeriaPosted: 29 August, 2016 | Author: AfricLaw | Filed under: Tim Sahliu Braimah | Tags: agriculture, Boko Haram, conflict, corruption, food, humanitarian assistance, IDP camp, IDPs, Independent Corrupt Practices & Other Related Offences Act 2000, internally displaced persons, Kampala Convention, Nigeria, Northern Nigeria, sanitary conditions, security, settlements, terrorism | 2 Comments
Author: Tim Sahliu Braimah
Human Rights Researcher
The ongoing insurgency by Boko Haram and the terrorist activities it has perpetrated since 2009 has led to a huge displacement of people from Northern Nigeria. According to the Internal Displacement Monitoring Centre, there is an estimated 2,152,000 internally displaced persons (IDPs) in Nigeria. While there is no international binding instrument for IDPs, Nigeria is a signatory to the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention). Nigeria ratified the Kampala Convention on 17 April 2012 which means that it has a primary duty and responsibility to provide protection and humanitarian assistance to IDPs within Nigeria. Irrespective of this ratification, Nigeria’s treatment of IDPs remains poor. According to reports, some challenges IDPs face in camps include inconsistent and poor feeding, poor sanitary conditions, and a lack of proper medical conditions and security.
20 years after the TRC: Are we any the better?Posted: 18 August, 2016 | Author: AfricLaw | Filed under: Thabang Mokgatle | Tags: African Charter on Democracy, Amnesty Committee, apartheid, conflict, Constitutional Court of Uganda, Desmond Tutu, El Salvador, Human Rights Violations Committee, justice, Khulumani Support Group, maximalists, minimalists, Mpho Tutu, Patricia Campbell, peace, pragmatics, rainbow nation, reconciliation, Reparation and Rehabilitation Committee, retribution, rule of law, social intervention, South Africa, survivors, TRC, truth, Truth and Reconciliation Commission, Tshepo Madlingozi, victims | 3 Comments
Author: Thabang Mokgatle
Candidate Attorney, Rushmere Noach Incorporated, Port Elizabeth, South Africa
“We are looking to maintain not retribution but reparation; we are seeking room for humanity rather than revenge”
– Desmond Tutu, First hearing of the TRC in April 1996
15 April 2016 marked the twentieth anniversary since the Truth and Reconciliation Committee (TRC) first commenced in South Africa. In reflecting on the occasion, the words of Desmond Tutu above quoted have unveiled two pertinent questions: Did post-apartheid South Africa, in 1996, require a moment for justice or for reconciliation? Would the pursuit of the former in the first instance, not have led to the achievement of the latter? There is a growing sense that in prioritising the ‘rainbow nation’, the TRC substantially undermined the realisation of justice (institutional justice through the court system). Victims of apartheid-era crimes have supposedly been short-changed, leaving much to be desired since the TRC first convened.
The upcoming Hate Crimes Bill: A welcome development in the fight against xenophobia and hate crimes in South AfricaPosted: 5 August, 2016 | Author: AfricLaw | Filed under: Gideon Muchiri | Tags: Abubacarr Saidykhan, belief, birth, constitution, crime, culture, disability, Equality Act, ethnic or social origin, gender, gender identity, Hate Crimes Bill, hate speech, human rights, language, law, legislation, monitoring mechanism, National Prosecution Authority, nationality, NPA, occupation, police, Promotion of Equality and Prevention of Unfair Discrimination Act, race, religion, sex, sexual orientat, South Africa, South African Constitution, victim, xenophobia | 1 Comment
Author: Gideon Muchiri
LLD student, Department of Jurisprudence, University of Pretoria
The Department of Justice and Constitutional Development (DOJCD) of South Africa is working on the Prevention and Combating of Hate Crimes Bill, due for tabling in Parliament in September 2016. This Bill, if enacted into law, will strengthen the role of law enforcement officials including the police, the National Prosecuting Authority (NPA) and courts in holding perpetrators of hate crimes, including xenophobic conduct, legally accountable for not only the criminal acts committed, but also for the hate motive. The new law will foster a rights-based approach to enhancement of the rights of victims and thus send a clear and unequivocal message to the society that crimes motivated by hate and xenophobia will not be tolerated in South Africa and are subject to punishment.