Re-establishing the UN Special Committee Against Apartheid, this time in respect of the State of Palestine
Posted: 26 November, 2024 Filed under: Jaymion Hendricks, Yeabsira Teferi | Tags: apartheid, Committee on the Elimination on Racial Discrimination, discriminatory practices, International Convention on the Elimination of Racial Discrimination, International Court of Justice, international law, military checkpoints, Occupied Palestinian Territory, oppression, racial segregation, roadblocks, Rome Statute, Special Committee against Apartheid, State of Israel, this time in respect of the State of Palestine, unlawful Leave a comment
Author: Jaymion Hendricks
Legal Advisor, International Law
In its landmark advisory opinion on 19 July 2024, the International Court of Justice (“ICJ”/ “the Court”) held that the State of Israel’s continued presence in the Occupied Palestinian Territory (OPT) is unlawful under international law. Of particular importance was the Court’s finding that Israel is violating Article 3 of the International Convention on the Elimination of Racial Discrimination (‘CERD’), which holds that “States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction”.
Oil production in South Sudan: A lifeline for the economy or an infringement on children’s right to a safe, clean and healthy environment?
Posted: 22 November, 2024 Filed under: Akot Makur Chuot, Yeabsira Teferi | Tags: accountability, African Charter on Human and Peoples’ Rights, African Charter on the Rights and Welfare of the Child, business enterprises, children’s rights, Constitution of the Republic of South Sudan of 2011, deaths of children, economic interference, effective remedies, environment, environmental assessments, environmental pollution, fairness, human rights, international human rights law, legislation, Ogoni people, Oil production, oil sector, oil-fields, South Sudan, UN Guiding Principles on Business and Human Rights, violations of children’s rights Leave a comment
Author: Akot Makur Chuot
LLM Candidate, Centre for Human Rights, University of Pretoria
Introduction
Oil-operating companies have been acting carte blanche with absolute impunity in South Sudan without complying with international practices premised on human rights considerations. The human rights violations in Unity and Upper Nile States are a testimony that private businesses in the oil and gas industry are unfettered in South Sudan. As a result, the actions and omissions of oil-operating companies in South Sudan have resulted in violations of children’s rights as will be explored in section 4 of the article. This is attested by the birth of children with deformities, stillbirth and several health concerns. It can be argued that the failure of South Sudan to regulate the business enterprises in the oil sector is a breach of its obligations under international human rights law.
The struggle for prisoners’ voting rights: Analysing the constitutional right to dignity and sovereignty in Kenya
Posted: 18 November, 2024 Filed under: Uday Makokha Keya | Tags: Bill of Rights, democracy, dignity, electoral justice system, equity, fundamental freedoms, general elections, human rights, IEBC, Independent Electoral and Boundaries Commission, Kenya, principles of governance, prisoner`s right to vote, right to dignity, right to vote, Sovereignty, voting rights Leave a comment
Author: Uday Makokha Keya
Third-year law student, Kabarak University
The values on sovereignty of the people, asserted in the constitution of Kenya, imposes on the state the duty to protect, promote and fulfil citizen`s right to elect their representatives as a way of exercising their sovereignty. This right should therefore be achieved through guaranteeing citizens the right to register as voters and, consequently, to elect their leaders. The constitution provides that, every person has a right without unreasonable restriction to be registered as a voter.[1] Therefore, any limitation to the right to vote, has to be necessary,[2] and in accordance to the law.[3] The case of Kituo Cha Sharia V IEBC & 2 Others, affirmed prisoner`s right to vote and elect their representatives linking their right to vote to their dignity, and the exercise of their sovereignty.[4] To guarantee the right to vote to prisoners, they should have equally been provided with the right to register as voters and, to consequently vote in every election cycles.
Gender and the Bifurcation of Paid and Unpaid Care Work
Posted: 14 November, 2024 Filed under: Sinqobile Makhathini | Tags: African Societies, Beijing +30, child-rearing, colonialism, cooking, domestic work, elder care, feminised poverty, formal employment, gender dynamics, gendered labour, International Day of Care and Support, low wages, paid employment, socio-economic factors, unpaid care work, voluntary community work 1 Comment
Author: Sinqobile Makhathini
Centre for the Study of Violence and Reconciliation
The 29th October marked the International Day of Care and Support, and this year’s theme focused on transforming care systems to achieve Beijing +30. This occasion prompts us to critically examine the dynamics of gendered labour and the ongoing disparity between paid and unpaid care work in Southern Africa.
According to the United Nations, unpaid care work encompasses all unpaid services provided by individuals within a household or community to benefit its members. This includes activities like cooking, cleaning, collecting water and fuel, and caring for children, older persons, and individuals living with illnesses or disabilities. Voluntary community work, such as operating community kitchens or childcare services, also qualifies as unpaid care work.
The right to health, dignity and the plight of pregnant women in Rural Malawi
Posted: 11 November, 2024 Filed under: Golda Chilembwe Rapozo | Tags: access to healthcare, adequate health services, core human rights, degrading treatment, International Covenant on Economic, Malawian health department, maternal health, maternal mortality, medical services, poor infrastructure, pregnant women, right to dignity, right to health, running water, Rural Malawi, Social and Cultural Rights Leave a comment
Author: Golda Chilembwe Rapozo
LLM candidate, Centre for Human Rights, University of Pretoria
The right to health and dignity during childbirth
Malawi still experiences one of the highest maternal mortality rates in the world, with 5.7 deaths for every 1000 live births. Poor infrastructure and service conditions mar the maternal experience for women living in rural Malawi. The right to give birth in a dignified manner for women in Malawi is constantly violated. Women are either forced to give birth at home or on their way to health centres due to long distances and poor road infrastructure. In most cases, health centres are located 25 kilometres away, and there are few affordable transportation systems save for bicycles. If they are lucky enough to get to the hospital, they will either have to share beds or sleep on the floor with their newborn babies. In certain instances, these women are even required to bring their own sanitary kits and are subjected to facilities without electricity or running water. In addition, some rural health centres lack trained personnel to provide the necessary care to pregnant women. Not only does this treatment violate their rights, but it also violates the provisions of the International Covenant on Economic, Social and Cultural Rights.
The Weight of Votes: Analysing the Principle of Equality in Kenya’s Electoral Boundaries
Posted: 6 November, 2024 Filed under: Uday Makokha Keya | Tags: Constitution of Kenya, customary international law, democracy, electoral body, electoral boundaries, electoral system, Independent Electoral Boundary Review Commission, Kenya, legal framework, population quota, Principle of Equality, protected constituencies, UDHR, unfair representation, Universal Declaration of Human Rights Leave a commentAuthor: Uday Makokha Keya
Third-year law student, Kabarak University
“A vote is like a rifle: its usefulness depends upon the character of the user”
-Theodore Roosevelt.
“Democracy amplifies the notion of legitimacy of the government and that people are the source of authority for the government. Conversely, democracy can as well be curtailed, and serve as a tool to access power for the elites.”[1]
The Universal Declaration of Human Rights (UDHR) asserts that the legitimate source of authority for the government is the people,[2] and for a government to be legitimate, it ought to draw its authority from the people. While the UDHR is not a treaty, there is predominant consensus that it forms part of customary international law and should therefore be implemented by all states. To that effect, the 2010 Constitution of Kenya provides that citizens have a right to elect their leaders.[3] Further, the law provides that elections for every representative are conducted after every five years.[4]
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