Author: Ayalew Getachew Assefa
African Committee of Experts on the Rights and Welfare of the Child
The African Union (AU) has designated its theme for the year 2020 to be on ‘Silencing the Guns: Creating Conducive Conditions for Africa’s Development’. The theme is informed by prior initiative that the Union has established mainly during the occasion of the OAU/AU 50th anniversary, where the Heads of State and Government adopted a Solemn Declaration, in which they expressed their determination to achieve the goal of a conflict-free Africa by ridding, among other things, human rights violations from the continent. Following the commitment expressed through the Solemn Declaration, the Peace and Security Council (PSC), in 2016, developed an AU Master Roadmap of Practical Steps to Silence the Guns in Africa by Year 2020 (AUMR), which eventually was endorsed by the Assembly of Heads of States and Governments (Assembly) in 2017.
A call for an adequate legal and institutional framework in the protection and inclusion of children with mental/ developmental disabilities in NigeriaPosted: 30 January, 2020
Author: Busayo Oladapo
Kenna Partners Associate, Nigeria
According to a report by the United Nations Children’s Fund (UNICEF), between 93 and 150 million children live with a disability worldwide. The World Health Organisation (WHO) also reports that there are 7 million children with disabilities in Nigeria. With the emergence of the United Nations Convention on the Rights of Persons with Disabilities 2006, the scope of disabilities has expanded to include persons with mental, intellectual or sensory impairments. Despite the almost universal ratification of the Convention on the Rights of the Child (CRC) and the Convention on the Rights of Persons with Disabilities (CRPD) which reiterate the inalienable rights of children, children with disabilities and their families all over the world are continually confronted with daily challenges that compromise the enjoyment of their human rights, Nigeria inclusive. With the global rise in the number of children with developmental disabilities, the implication is that in the coming years, a significant number of young adults globally would be individuals with one form of mental/ development disability or the other. Therefore, it is imperative for state parties to be more intentional about the protection and inclusion of children with developmental/mental disabilities for better integration into the society.
Many thanks to Ovye Affi, an LL.M student of Sexual and Reproductive Rights in Africa, in the Centre for Human Rights, Faculty of Law, University of Pretoria, South Africa. He kindly contributed a 6-page case summary to the updated edition of Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts., online here. We are pleased to circulate a few excerpts about this “first suit in a Nigerian court which specifically sought the protection of the rights of homosexuals.”
Cite as: Ovye Affi, “Nigerian High Court avoided constitutional scrutiny of anti-gay laws : Mr. Teriah Joseph Ebah v. Federal Republic of Nigeria (2014),” Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts, Reprohealthlaw Blog, Dec. 10, 2019 Decision online. 6-page Case Comment by Ovye Affi.
“Court Holding: The Court held that the Applicant in this case has no legal standing to bring an…
View original post 790 more words
Infringement on democracy, human rights and the rule of law through constitutional amendments: What mechanisms exist to restore Zambia?Posted: 4 December, 2019
Author: Juliet Nyamao
Human Rights Attorney, Kenyan Bar
The first Constitution of the Republic of Zambia (1964) established a multiparty system of government. However, increasing tensions between the ruling party and the opposition parties compelled the first president of the Republic of Zambia, Kenneth Kaunda, to institutionalise a one-party rule through the enactment of the Constitution of Zambia Act, 1973. The presidential rule in Zambia was reinforced, with the president as the sole player on the political scene. Following the collapse of the Soviet Union and the end of the cold war in the early 1990s, a wave of multiparty democracy swept across the African continent leading to emergence of political pluralism. Many countries in the Southern African region adopted constitutional dispensations that allowed political pluralism and cemented the roles of the different branches of governments. Zambia, a former British colony, was no exception to the wind of change; they adopted their new Constitution of Zambia, 1991 that restored multiparty democracy. Thereafter, the Constitution of Zambia (Amendment) Act No. 2 of 2016 spelt out the roles and mandates of the different branches of government and directed that all State organs and State institutions abide by and respect the sovereign will of the people of Zambia. This Constitution ensured separation of powers between the various branches of the government, which is crucial to uphold democracy, human rights and the rule of law.
Read the rest of this entry »
Many thanks to George Sakyi Asumadu, an LL.M student in Sexual and Reproductive Rights in Africa at the Centre for Human Rights in the University of Pretoria’s Faculty of Law, for summarizing and commenting on the significance of this landmark decision on age of marriage, gender discrimination, and violations of rights through customary law. We are pleased to excerpt this overview of the Court ruling and provide links to the full Case C.
APDF & IHRDA v Republic of Mali(Association pour le Progrés et la Défense des Droits des Femmes Maliennes (APDF) and The Institute For Human Rights and Development in Africa (IHRDA) v. Republic Of Mali), Application No. 046/2016, African Court on Human and Peoples’ Rights. (2018) Decision of May 11, 2018 PDF. Decision online . Case Comment by George Sakyi Asumadu.
COURT HOLDING: The African Court on Human and Peoples’ Rights (The…
View original post 426 more words