The National Security Bill of 2024: A threat to freedom of expression in South Sudan
Posted: 22 July, 2024 Filed under: Akot Makur Chuot, Yeabsira Teferi | Tags: African Charter on Human and Peoples’ Rights, arbitrary arrest, basic human right, Code of Criminal Procedure, democratic transition, fair trial, freedom of expression, freedom to express views freely, international human rights instrument, National Elections Commission, national security, National Security Bill, National Security Services, political consciousness, Public Prosecution Attorney, South Sudan, South Sudan military, warrant of arrest Leave a comment
Author: Akot Makur Chuot
LLM Candidate, Human Rights and Democratisation in Africa, University of Pretoria
Introduction
On 3 July 2024, the Revitalised National Transitional Legislative Assembly of South Sudan passed the controversial National Security Bill, which among others empowers (sections 54 & 55) the National Security Services to make arrests and detain anyone suspected of having committed an offence against the state without a warrant of arrest. The Bill was controversially passed by a vote of 274 in favour and 114 against, with 3 abstentions. This is in the face of a democratic transition as South Sudan heads to poll on 22 in December 2024 as per the announcement of the National Elections Commission. If the President does not sign the Bill within 30 days from the day it was passed, it will automatically become law.
Conversion Therapy in Africa: An Assault on Human Rights and Ethical Healthcare
Posted: 18 July, 2024 Filed under: Jarred H Martin, Pierre Brouard | Tags: Africa, anti-LGBTQ legislation, anti-LGBTQ sentiments, aversion techniques, cisgender, consensual same-sex sexual relationships, conversion practices, discrimination, electrical shocks to the genitals, gender identity, healthcare, healthcare settings, heterosexuality, human rights, lgbtq, medical interventions, psychological counselling, queer, religious beliefs, same-sex sexual imagery, sexual orientation, sexuality education, Uganda’s Anti-Homosexuality Act Leave a comment |
Author: Dr Jarred H. Martin (PhD Psychology), Department of Psychology, University of Pretoria |
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Author: Pierre Brouard (MA Clinical Psychology), Centre for Sexualities, AIDS & Gender, University of Pretoria |
Introduction
The recent publication of Outright International’s report, Health Ethics and the Eradication of Conversion Practices in Africa, draws needed attention to the prevalence of conversion practices in Africa, particularly within the context of healthcare settings. As psychologists, we write about conversion therapy as a subset of conversion practices (including those conducted by faith and cultural practitioners, often at the behest of family) aimed at changing an individual’s sexual orientation or gender identity and expression. Conversion therapy can include psychological counselling, medical interventions, and aversion techniques, such as electrical shocks to the genitals during exposure to same-sex sexual imagery.
Climate change and the 2024-2025 South Sudan National Budget Discourse: A call for the inclusion of climate adaptation budget
Posted: 15 July, 2024 Filed under: Justin Monyping Ater | Tags: adaptation strategies, climate adaptation, climate change, Climate change and the 2024-2025 South Sudan National Budget Discourse: A call for the inclusion of climate adaptation budget, climate mitigation, education, health, human rights, human rights treaties, national budget, national human rights frameworks, National Legislature, Paris Agreement, right to life, South Sudan, UNFCCC, United Nations Framework Convention on Climate Change Leave a comment
Author: Justin Monyping Ater
Law lecturer, School of Law, University of Juba, South Sudan
Introduction
On 30 June 2024, the first Undersecretary of the National Ministry of Finance and Planning of South Sudan issued a public notice announcing the end of the ‘Fiscal Year 2023/2024’. The Undersecretary further noted that the:
‘Ministry of Finance and Planning will not receive new claims until the 2024/2025 Budget is passed by the National Legislature and assented into law’.
As indicated in the notice itself, whatever is contained in it, was to be effective immediately considering the date it was issued. This is because under section 15(5) of the Public Financial Management and Accountability Act, 2011:
‘The Financial Year shall cover a period of 12 months, which shall run from 1st July to 30th June each year’.
Unconditional Amnesty for Boko Haram Violates African Human Rights Law
Posted: 12 July, 2024 Filed under: Oluwatosin Senami Adegun, Yeabsira Teferi | Tags: African Human Rights Law, Amnesty International Report of 2015, ‘de-radicalisation, Boko Haram, child soldiers, disproportionate attacks, forced marriage, International Humanitarian Law, Nigeria, Politically Motivated Crimes, rape, rehabilitation and reintegration’ programme, sexual slavery, sexual violence, terrorist group, unconditional amnesty, violations of human rights Leave a comment
Author: Oluwatosin Senami Adegun
Master’s student, LLM Human Rights and Democratisation in Africa, Centre for Human Rights, University of Pretoria.
Boko Haram has attacked the north-east of Nigeria for 15 years killing over 350 000 persons, abducted about 276 Chibok girls, perpetuated rape, sexual slavery and other forms of sexual violence, forced marriage, recruitment of child soldiers and disproportionate attacks on civilians which constitute violations of human rights and international humanitarian law as affirmed by the Amnesty International Report of 2015.
Despite these gross violations and the victims’ yearning for justice, the Federal Government of Nigeria (Nigeria) granted unconditional amnesty to some members of the terrorist group through its ‘de-radicalisation, rehabilitation and reintegration’ programme without due consideration given to victims whose views and concerns were never considered.
The impact of trade-based money laundering on economic growth & development
Posted: 10 July, 2024 Filed under: Nasubila Ng’ambi, Yeabsira Teferi | Tags: AfCFTA, Africa, African Continental Free Trade Area, cultural development, economic development, Global Financial Integrity, illicit financial flows, right to economic development, Sustainable Development Goals, TBML, trade based money laundering Leave a comment
Author: Nasubila Ng’ambi
LLB (cum laude) Nelson Mandela University
Introduction
The African Continental Free Trade Area (AfCFTA) is the African Union’s flagship regional economic integration project.[1] The AfCFTA aspires to lift 30 million people out of extreme poverty and to increase Africa’s income by $450 billion by 2035.[2] These goals are set to give effect to both Agenda 2063 and the UN’s sustainable development goals (SDGS).[3] However, these audacious goals are not without challenge as there are numerous risks associated with free trade areas (FTA) such as trade based money laundering (TBML). This article seeks to explore the implications of TBML on economic growth and development. Further, the article will highlight the need for an effective framework to ensure that TBML is mitigated.
Analysing Ethiopia’s Adherence with the Guidelines on Access to Information and Elections in Africa: A Spotlight on the 2021 National Election
Posted: 8 July, 2024 Filed under: Reda Benkhadra, Yeabsira Teferi | Tags: Access to Information, African Charter on Human and People’s Rights, African Commission, democracy, elections, electoral boundaries, Electoral Proclamation, Ethiopia, Guidelines on Access to Information and Elections in Africa, June 2021 national elections, National Electoral Board of Ethiopia, NEBE Leave a comment
Author: Yeabsira Teferi
Lecturer of law, School of Law, Dilla University, Ethiopia
Introduction
A fundamental element of democracy is the freedom to choose political leaders through elections. As envisaged under Article 13 of the African Charter on Human and People’s Rights (the African Charter), for elections to be free, fair and credible, the electorate must have access to information at all stages of the electoral process.
The Special Rapporteur on Freedom of Expression, a special mechanism established by the African Commission, with the specific mandate of monitoring member states’ compliance with article 9 of the African Charter adopted the Guidelines on Access to Information and Elections in Africa (hereinafter, the Guidelines), in 2017.[i] The Guidelines provide directions on access to information in the electoral process as a means of strengthening democratic governance in Africa and specifically incorporates the principle of proactive disclosure of information. The principle of proactive disclosure requires that those who hold information of public interest must routinely provide such information to the public even without being requested to do so.
A Decade of Constitutionalised Right to Access Information in Morocco: Reflections on the Progress and Challenges
Posted: 3 July, 2024 Filed under: Reda Benkhadra | Tags: biennial anti-corruption plan, chafafiya.ma, Commission for the Right to Access Information, constitutionalisation, ight to access information, International Covenant on Civil and Political Rights, legislative framework, Model Law, Morocco, politico-militant sphere, Press and Publishing Law, Protection of Personal Data, right to access administrative records, right to information 1 Comment
Author: Reda Benkhadra
Researcher
Originally limited and considered as a right to access administrative records, the right to information has evolved over time to become a key element in strengthening good governance and institutional transparency. By endorsing foundational texts such as Article 19 of the International Covenant on Civil and Political Rights and Article 10 of the United Nations Convention against Corruption (UNCAC), member states have committed to advancing the recognition of this right. In fact, the UNCAC calls upon state parties to take appropriate measures in accordance with their domestic laws to ensure the right to information and facilitate its access.
Beyond Crisis: The State of Access to Information and the Internet for Rural Dwellers in South Africa
Posted: 1 July, 2024 Filed under: Ompha Tshamano | Tags: Access to Information, access to socio-economic rights, apartheid, ATI, digital communication, digital divide, digital technology, fundamental human rights, ICT, internet, post-apartheid, real-time information, right to access information, right to information, rural communities, social media, socio-economic underdevelopment, South Africa 7 Comments
Author: Ompha Tshamano
Project Associate, Centre for Human Rights, University of Pretoria
1 Overview
South Africa has a long history of socio-economic underdevelopment, largely resulting from the sustained effects of apartheid. Despite the end of apartheid, the position of rural communities in South Africa remains precarious, with limited access to resources and infrastructure. The creation of Bantustans during apartheid further exacerbated economic disparities amongst different racial groups, leading to poverty, inequality, and unemployment. Slow technological adoption and development in South African rural areas also contribute to limited access to information and restricted opportunities. This situation has resulted in the maintenance of the status quo, with socio-economic underdevelopment and inequality continuing to be major challenges in post-apartheid South Africa. In this context, this article seeks to critically examine the state of access to information for rural dwellers in South Africa and the initiatives being taken to improve this situation.
AfricLaw 
Repressive Laws Silencing Dissidents, Deviants and Destabilisers in Uganda
Posted: 5 July, 2024 | Author: AfricLaw | Filed under: Contributors, Stella Nyanzi | Tags: Access to Information, Anti-Homosexuality Act (2023), Anti-Pornography Act, Computer Misuse (Amendment) Act, detained without trial, digital rights, Excise Duty (Amendment) Act, free expression, freedom of expression, General Comment 34, human rights, International Covenant on Civil and Political Rights (ICCPR), internet democracy without disruptions, Model Law on Access to Information, Musiri David, President Yoweri Museveni, public information, public media, restrictive laws, social media, Social Media Tax Law, state repression, Uganda, Uganda Human Rights Commission, Universal Declaration of Human Rights | 1 CommentWriters-in-Exile program, PEN Zentrum Deutschland
Fellow, Center for Ethical Writing, Bard College/ PEN America.
Summary
In Uganda, there is an incongruence between the legal regime governing access to information and freedom of expression on one hand, and a barrage of restrictive laws on the other. Although a decade has passed since the African Commission on Human and People’s Rights adopted the Model Law on Access to Information for Africa, growing state repression in Uganda generated laws aimed at silencing, denying access to information, criminalising and penalising government dissidents, deviants or minorities whose behaviours departed from societal norms, and destabilisers suspected of subverting the entrenchment of President Yoweri Museveni’s 37-year-old regime. I triangulate autoethnography with public media content analysis and law review to explore this incongruence within the right of access to information and free expression in Uganda.
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