Posted: 28 October, 2021 | Author: AfricLaw | Filed under: Paul Mudau | Tags: civic and voter education, civic responsibilities, COVID-19, CVE, democratic electoral processes, elections, fair elections, freedom of expression and of association, government performance, IEC, Independent Electoral Commission, local communities, local government, online platforms, participation, peace-building, service delivery, social media, South Africa, spoilt ballots, traditional media, voter education, voter participation, voter registration, voter turnout |
Author: Paul Mudau
Senior Lecturer in the Department of Public, Constitutional and International Law at the University of South Africa
Local government is the sphere of government that is closest to the people and represents the front line of service delivery. Holding competitive, periodic, inclusive and definitive elections at the local level strengthens democracy. The competitive component of local democratic elections indicates that political party and ward candidates may criticise the party or coalition that governs the municipality, and other party and ward candidates openly. They may suggest alternative policies and candidates to voters. Decisions of locally elected representatives directly affects the local communities. Failure to satisfy voters may result in the governing local public representatives being voted out of office in the next (periodic) elections. On the other hand, good performance often comes with a reward, getting re-elected into office. Thus, ideally, conditions at the local level forces and entices locally elected public officials to accounts to the needs of local communities.
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Posted: 25 October, 2021 | Author: AfricLaw | Filed under: Joseph Geng Akech | Tags: Constituent Assembly, constitution building, constitution making processes, Constitutional Drafting Committee (CDC), Draft Constitutional Text, legislation, National Constitutional Conference (NCC), National Constitutional Review Commission (NCRC), Preparatory Sub-Committee, R-ARCSS, Republic of South Sudan, Revitalised Agreement on the Resolution of Conflict in the Republic of South Sudan, Unelected national legislature |
Author: Joseph Geng Akech
South Sudanese human rights lawyer and LLD candidate, University of Pretoria, South Africa
Introduction
The Republic of South Sudan embarked on its ‘permanent’ constitution building process which is a critical part of the peace process. The Revitalised Agreement on the Resolution of Conflict in the Republic of South Sudan (R-ARCSS) puts forward mechanisms and institutions for achieving such ambition. These institutions include the Constitutional Drafting Committee (CDC),[1] National Constitutional Review Commission (NCRC), Preparatory Sub-Committee, National Constitutional Conference (NCC) and the reconstituted transitional national legislature (Council of States and Transitional National Legislative Assembly) acting as a constituent assembly. The R-ARCSS establishes the above institutions with varying powers and degree of influence on the constitution building process.
This article focuses on the role of the reconstituted national legislature – bicameral chambers composed of Council of States and Transitional National Legislative Assembly. According to the R-ARCSS, these two houses of parliament are to be transformed into a Constituent Assembly to adopt, in a joint session, the Draft Constitutional Text passed by the National Constitutional Conference.[2]
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Posted: 18 October, 2021 | Author: AfricLaw | Filed under: Abasiodiong Ubong Udoakpan | Tags: Budget Implementation, challenges of poverty, civil society participation, critical infrastructure, democratisation, economic growth, economic policy, economic prosperity, employment opportunities, entrepreneurship development, legislation, Ministry of Industry, Nigeria Bureau of Statistics, Nigerian budget, Nigerian economy, Trade and Investment |
Author: Abasiodiong Ubong Udoakpan
LLM Candidate, Olabisi Onabanjo University, Nigeria
The Budget as one important economic policy instrument at the disposal of the Government is key to the attainment of the economic prosperity of the people. However, the gap between its initiation and full implementation to attain economic prosperity has been of serious concern to researchers and Nigerians alike. It is one thing to propose a budget and another to implement the proposed budget to the extent that it attains the goals of economic growth and development. In recent times, the focus on the budget has assumed greater prominence because of increasing democratisation, civil society participation and the desire to respond to developmental challenges of poverty.
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Posted: 11 October, 2021 | Author: AfricLaw | Filed under: Ashwanee Budoo | Tags: African Charter on Human and Peoples’ Rights, complicated surgeries, COVID-19, government of Mauritius, health care services, international obligations, lockdown restrictions, Mauritius, Mauritius’ Constitution, medical treatment, Naveen Ramgoolam, New ENT Hospital, public health, right to health, Social and Cultural Rights, universal access, universal social programs |
Author: Ashwanee Budoo-Scholtz
Programme Manager of the Master’s in Human Rights and Democratisation in Africa, Centre for Human Rights, University of Pretoria
Introduction
When Mauritius recorded its first Covid-19 case on 18 March 2020, the country already had the strong backbone of the ‘solid social protection system’ to ensure that affected sections of the society are supported. In the area of health, in 2011, it was estimated that Mauritius had 3.4 hospital beds per 1000 population which was better than most sub-Saharan African countries. Hence, one could assume that the government of Mauritius would not face the failure of countries such as South Africa when it came to the provision of health care services for those affected by Covid-19.
As of 1 October 2021, Mauritius had a total of 15,695 confirmed Covid-19 cases, with 84 deaths. This was after the country relaxed its lockdown restrictions at the national level. The government has time and again spoken with pride of it being a best practice when it comes to preparedness for dealing with the Covid-19 virus. Indeed, once the country was hit by its first case of COVID-19, it started taking all measures possible to make sure it deals with the provision of health care services. To begin with, in the initial stages, it identified the New Souillac hospital and the New Ear Nose and Throat Hospital (New ENT Hospital) as a quarantine and isolation centre for those showing moderate to severe symptoms of Covid-19. For those with mild symptoms, they were isolated in make-shift treatment centres free of charge with regular follow-up. As the pandemic evolved, the country designated the New ENT Hospital, ‘equipped with the latest modern equipment and technology’ as the facility for treating Covid-19. Hence, anyone testing positive for Covid-19 with symptoms would be transferred to the New ENT Hospital. The country has also fully vaccinated more than half of the population.
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Posted: 5 October, 2021 | Author: AfricLaw | Filed under: Henok Kebede | Tags: Abiy Ahmed, bad governance, corruption, democracy, economic development, economic growth, Ethiopia, ethnic violence, extreme politics, extreme poverty, fundamental rights, inclusive development, internal displacement, peace, peace and security, polarised identity, political uncertainties, political violence, poor infrastructure, respect for human rights, rule of law, security and stability, social development, socio-economic demand, Tigrian elites |
Author: Henok Kebede
Lecturer, School of Law at Hawassa University, Ethiopia
Ethiopia is at a crossroads. Despite recorded double-digit economic growth for more than a decade, the arguably slight opening of the political space and the increasing awareness of citizens about their rights and duties, the absence of a clear path to democracy through an institutionally designed system put Ethiopia at the crossroad. Though Prime Minister Abiy Ahmed pledged to reform Ethiopia’s authoritarian state, recently, Ethiopia is going through a hysterical period of political uncertainties whereby one cannot easily venture where the country is heading. Some suggested that Ethiopia is on the right track to democracy, and Abiy Ahmed is playing the dominant role. Others reject the idea that Ethiopia is getting into democracy, saying the reform government is just as undemocratic as its predecessors; it is instead an ‘old wine in a new bottle’.
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Posted: 1 October, 2021 | Author: AfricLaw | Filed under: Rehim Baharu Elala | Tags: anti-gay sentiment, child abusers, consensual same sex relations, conversation, decriminalise, Dr. Daniel Bekele, Ethiopia, Ethiopian values, federal legislation, freedom of expression, gender identity, harassment, homosexuality, Human Rights Watch, imprisonment, no study, political leaders, religion, religious influences, societal influences, societal norms, stigmatisation, violence, Zenebu Tadesse |
Author: Rehim Baharu Elala
Intern, Ethiopian Community Development Council
LGBT data in Ethiopia
Ethiopia revised its Criminal Code in 2004 and criminalised homosexual or indecent acts both between men and women, with those convicted facing terms of imprisonment.[1] Same-sex acts will be punished with imprisonment of not less than a year, or in ‘grave’ cases, rigorous imprisonment of up to 15 years.[2] The justifications for criminalising the acts are mostly associated with the strict societal norms and religion.
There is no study or research conducted to know the exact number of LGBTQ people in Ethiopia. I interviewed two members of the LGBTQ in Ethiopia who are working in legal and health professions when I was writing a Seminar Paper for my LGBTQ Health Law and Policy class.[3] My informants told me that the estimate data shows that there are around 50,000-60,000 people who identify themselves as LGBTQ in the capital Addis Ababa alone.[4] They also stated that the major source of the anti-gay sentiment originates from the religious authorities.[5] This is because homosexuals are always portrayed in a dangerous manner by the religious institutions as child abusers and destroyers of Ethiopian values.[6] An Ethiopian law professor states the influence of religious groups in the following words:
“There is complete silence around LGBT experiences because there is no forum for stories about the violence meted out by the state and family members on a day-to-day basis… My biggest fear is that these religious organisations are monopolising the conversation and perpetuating a fear that is becoming impossible to combat.”[7]
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