Decolonising “African values”: The future of LGBTQ+ pride and rights
Posted: 31 October, 2024 Filed under: Lesego Sekhu, Namatirayi Ngwasha | Tags: ACHPR, African Commission of Human and Peoples’ Rights, African countries, African values, anti-rights groups, discrimination, homophobia, homosexuality, human rights violations, LGBTQ+, political persecution, Pride Month, sexual orientation, social exclusion, South Africa Leave a comment
Author: Lesego Sekhu
Research Assistant, Centre for the Study of Violence and Reconciliation
October marks Pride Month in South Africa. Historically, Pride in this country and, more broadly, the rest of the continent has been used for political advocacy, protesting against discrimination and political persecution, and reaffirming LGBTQ+ people’s rights. In the spirit of “leaving no one behind”, this year, our Pride agenda should include radical solidarity with LGBTQ+ people in other African countries who face a growing anti-rights movement specifically targeting LGBTQ+ and other sexually diverse and gender-diverse people.
Practical challenges facing National Human Rights Institutions (NHRIs) in Southern Africa: A case of South Africa and Zimbabwe
Posted: 28 October, 2024 Filed under: Namatirayi Ngwasha, Zororai Nkomo | Tags: constitutionalism, corruption scandal, democracy, financial constraints, human rights, jurisprudence, Lancaster House Constitution, Lawrence Mushwana, National Human Rights Institutions, Nkadla debacle, Oilgate Scandal, Paris Principles, political interference, South Africa, Zimbabwe, Zimbabwe Human Rights Commission, Zimbabwe Human Rights Commission Report Leave a comment
Author: Zororai Nkomo
Centre for Human Rights, University of Pretoria
Introduction
The world over, states have the primary responsibility of ensuring that human rights are respected, protected and fulfilled. As entities who negotiate and ratify international human rights instruments, and they must create safeguard mechanisms for people to enjoy these rights.[1] States often establish national human rights institutions in line with the Paris Principles as part of the institutional architecture for the fulfilment of their international human rights obligations. In this regard in 2014, the South African Human Rights Commission Act 40 of 2013 was enacted to replace the Human Rights Commission Act 54 of 1994.[2] The coming into force of this new Act witnessed the expansion of the powers of the commission in line with the Paris Principles.
Implementation beyond banning: the prohibition of child marriage in Sierra Leone
Posted: 21 October, 2024 Filed under: Sorie Bangura | Tags: ACRWC, African Charter on the Rights and Welfare of the Child, child education, child marriage, Child Rights Act, children’s rights, early marriage, educational level, end child marriage, girls, income poverty line, lack of investment, poverty, Prohibition of Child Marriage Act 2024, reproductive health, Sexual Offences Act, Sierra Leone, teenage pregnancy, toilet facilities, Universal Periodic Review Leave a comment
Author: Sorie Bangura
Manager, Save the Children, Sierra Leone
In 2022, during the third cycle of the Universal Periodic Review (UPR) on Sierra Leone, the UPR working group urged Sierra Leone to ‘allocate adequate budgetary resources for the promotion and protection of children’s rights; harmonising laws to prevent and end child marriage, and undertaking comprehensive awareness-raising on the negative consequences of child marriage on girls; and enforcing the Child Rights Act and enabling the bill on the prohibition of child marriage.’ Fast forward to June 2024, Sierra Leone has enacted the Prohibition of Child Marriage Act 2024. The Act which prohibits and criminalises marrying anyone under the age of 18 also seek to protect the rights and development of girls which has long been violated and hindered.
The Right to Consent: Reimagining Sexual Autonomy for Persons with Disabilities in Zimbabwe through S v Zidyengi
Posted: 18 October, 2024 Filed under: Neville Mupita | Tags: consensual relationship, Convention on the Rights of Persons with Disabilities, CRPD, disability rights, equal recognition, equality, expert evidence, High Court judgment, human rights, inclusion, mental capacity, mentally incompetent adults, persons with disabilities, psychosis diagnosis, right to autonomy, right to dignity, rights of persons with mental disabilities, S v Zidyengi, sexual autonomy, sexual choices, sexual conduct, Zimbabwe, Zimbabwe High Court 1 Comment
Author: Neville Mupita
Centre for Human Rights, University of Pretoria
On 17 July 2024, the Zimbabwe High Court handed a landmark judgment in the case of S v Zidyengi that addresses a key interplay between mental disability and sexual autonomy. This judgment poses a topic of importance under the framework of the Convention on the Rights of Persons with Disabilities (CRPD). This piece uses a human rights-based approach to analyse the High Court judgment within the CRPD’s yardstick.
The impact of internet shutdown on freedom of expression in Ethiopia
Posted: 16 October, 2024 Filed under: Fenot Mekonen Hailu | Tags: Access to Information, Access to the internet, censorship, civil unrest, conflict, democracy, electronic communications, essential information, Ethiopia, Federal Democratic Republic of Ethiopia's Constitution, flow of information, freedom of expression, fundamental freedoms, human rights, information blackout, international law, internet restrictions, internet shutdown, right to freedom of expression, UN human rights instruments 2 Comments
Author: Fenot Mekonen Hailu
LLM Candidate, Centre for Human Rights, University of Pretoria
Introduction
Access to the internet is essential for many aspects of daily life. Even though it is not explicitly classified as a human right, it is considered an enabler for the enjoyment of human rights.[1] One of the threats to internet access nowadays is internet shutdowns. An internet shutdown typically involves the deliberate disruption of internet or electronic communications, rendering them partially or fully inaccessible.[2] These shutdowns often target specific populations or regions to control the flow of information, though they can sometimes impact entire countries.[3] Despite the internet’s crucial role in communication, information sharing, and exercising fundamental freedoms, internet shutdowns have become an alarming issue across the world.[4] The internet has greatly enhanced free speech, enabling individuals to express their opinions without fear of censorship or retribution. It has also encouraged the exchange of ideas and facilitated the spread of information, benefiting society.[5] However, this fundamental right is threatened in Ethiopia by a concerning pattern of internet shutdowns. In response to protests, civil unrest, and other forms of social and political activism, the government has resorted to invasive shutdowns. These measures significantly limit citizens’ freedom of expression, impede democratic dialogue, and obstruct the flow of essential information in society, [6]leaving millions uninformed and potentially infringing on their rights to freedom of expression, access to information, assembly, and association, as well as other human rights.[7]The right to freedom of expression is protected under international law and most national constitutions. This right has evolved to encompass the internet as a vital communication medium, raising important questions about the extent to which internet access is protected under existing normative principles.[8]
The impact of climate policies on Kenya’s development: Analysing the trade-offs
Posted: 14 October, 2024 Filed under: Uday Makokha Keya | Tags: African countries, carbon dioxide emissions, carbon tax., climate crisis, climate policies, developed countries, developing countries, eco levy, environment, global warming, Kenya, Loss and Damage Fund, monetary funds, plant trees, underdevelopment Leave a comment
Author: Uday Makokha Keya
Third-year law student, Kabarak University
“African countries are bearing the brunt of the climate crisis and for this reason, we believe it is time we have a conversation on carbon tax.[1]”
This echo’s president William Ruto’s speech on climate change sometime last year. Following this speech Kenya introduced tax on machines and motor vehicles based on the engine capacity of the vehicle,[2] and additional charges commodities that have a negative impact on the environment.[3]
The imposition of the eco levy has the potential to result in a low rate of development in the country as it will decrease the rate of industrialisation, since many industries use heavy machinery. This is also evident by the increased tread towards automation and robotics even by service industries.[4] Consequently, enacting these laws, could limit the use of machines that have a negative impact on the environment and may lead to underdevelopment as most investors may be discouraged from investing in industries in the country.
The Deadly Intersection of Climate Change and Insecurity Hits Women and Girls the Hardest
Posted: 9 October, 2024 Filed under: Mary Izobo | Tags: Africa, climate change, climate-related disasters, climate-smart agriculture, conflict, conflict-affected regions, displacement, droughts, eco-tourism, economic opportunities, economic vulnerability, education, gender inequalities, girls, healthcare, Horn of Africa, increased hunger, insecurity, natural resources, political stability, poverty, renewable energy, resources, socioeconomic equality, violence, women, Women and Girls Leave a comment
Author: Mary Izobo
International Human Rights Lawyer, Gender Equality Advocate and Governance Expert
Introduction
In today’s world, climate change is no longer just an environmental issue. It is a catalyst for conflict and insecurity. What is often overlooked is how this toxic mix impacts women and girls the hardest, especially in fragile and conflict-affected regions. When water sources dry up, droughts wipe out crops, and the land becomes infertile, competition for dwindling resources becomes violent. Women-led and gender-sensitive climate action in Africa is key to sustainable peace, political stability and greater socioeconomic equality.
From the Sahel to the Horn of Africa to Southern Africa, climate change fuels conflicts over natural resources like land, food and water, turning communities and countries against each other. In all of this chaos, women and girls bear the brunt. The effects of climate change and insecurity exacerbate existing gender inequalities, especially in countries facing economic and social inequalities, political instability and resource scarcity.
The Impact of Digitisation of Asylum Seeker Systems in South Africa: Challenges and Opportunities
Posted: 4 October, 2024 Filed under: Zekhethelo Cele | Tags: access to smartphones, anguage barriers, anti-migrant sentiments, asylum seeker, asylum seeker management system, Asylum Seeker Systems, digital illiteracy, online renewal system, Refugee Act, Refugee Visas, South Africa, technological literacy, United Nations High Commissioner for Refugees, user-friendly online application system 1 Comment
Author: Zekhethelo Cele
LLM Candidate, Centre for Human Rights, University of Pretoria
The South African asylum seeker management system has faced intense scrutiny in recent years, grappling with the challenges posed by an overwhelming number of applications. The Department of Home Affairs (DHA) has acknowledged its struggle to accommodate the influx, prompting various interventions from the international community, including the United Nations High Commissioner for Refugees (UNHCR), aimed at alleviating this crisis.
In the wake of the COVID-19 pandemic, Refugee Reception Offices (RROs) were slow to reopen fully, leading to the introduction of an online application process. Initially, this system was designed to assist those already holding Temporary Asylum Seeker or Recognised Refugee Visas. However, it quickly became apparent that this shift created significant barriers for many in the refugee community. A substantial portion of visa holders lacked access to smartphones or the technological literacy required to navigate the online renewal system, leaving them vulnerable and frustrated.
Criminalisation of homelessness and poverty by Zimbabwe’s Vagrancy Act Unconstitutional and against the African Charter
Posted: 2 October, 2024 Filed under: Namatirayi Ngwasha, Zororai Nkomo | Tags: AfCHPR, African Court on Human and Peoples’ Rights, Constitution of Zimbabwe, criminal justice system, Criminalisation, criminalisation of poverty, freedom fighters, homeless, homelessness, human rights, inequality, inhumane and degrading treatment, injustice, poverty, racism, slavery, unjust laws, vagabonds, vagrancy laws, Zimbabwe, Zimbabwe’s Vagrancy Act Leave a commentAuthor: Zororai Nkomo
Centre for Human Rights, University of Pretoria
In the mid-1960s, Zimbabwe prosecuted a protracted liberation struggle officially dislodging the colonial government of Ian Smith in 1980. One of the liberation struggle’s philosophical underpinnings was to do away with unjust laws and all forms of segregation, inequality, injustice, and freedom of blacks.
Despite all the invaluable efforts by freedom fighters, Zimbabwe is among countries in Africa that are administering an archaic, draconian, and segregative colonial piece of legislation – the administration of vagrancy laws in the criminal justice system- the Vagrancy Act Chapter 10:25.
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