South Sudan is set to hold its first election in 2024: 3 critical preconditions for the election
Posted: 4 April, 2024 Filed under: Mark Deng | Tags: 2024 election, arms proliferation, civil war, communal conflicts, deadly violence, democratic right, epidemic of insecurity, incidents of violence, outbreak of violence, population census, revitalised agreement, South Sudan, Transitional Period, Unification of forces 1 Comment
Author: Mark Deng
McKenzie Postdoctoral Research Fellow, University of Melbourne, Australia
South Sudan was supposed to hold its first election as an independent country in 2015. However, a civil war erupted in 2013 that threw the country into a deep state of insecurity, inevitably altering the government’s priorities. Restoring peace urgently became the focus for the government.
The government and other parties to the war signed the revitalised agreement in 2018, paving the way for the establishment of the current unity government at the beginning of 2020. The unity government was given a 3-year tenure – the transitional period. This was extended in 2022 for 2 more years to give the parties enough time to resolve critical issues outstanding in the revitalised agreement.
Behind Bars: Understanding the Ramifications of Charging Defendants under the Criminal Code Law of Akwa Ibom State 2000 as against the 2022 Revised Law
Posted: 2 April, 2024 Filed under: Abasiodiong Ubong Udoakpan | Tags: 2000, ACJL, Administration of Criminal Justice Law, Boniface Adonike v. The State, Constitution of Nigeria, Laws of Akwa Ibom State, miscarriage of justice, newly enacted legislation, Nigeria, repealed law, Revised Law, The Criminal Code Law, written existing law 2 Comments
Author: Abasiodiong Ubong Udoakpan
Human Rights Attorney, Gender-Based Violence Specialist, Public Servant
Introduction
This article stems from an incident I witnessed in court while I was present to oppose a bail application of a defendant accused of defiling a 17-year-old girl. During the proceedings, a question arose from the bench regarding the necessity of amending a charge to align with the provisions of newly enacted legislation. While a senior colleague attempted to offer guidance to the Court on this matter, respectfully, her response was not thorough. Consequently, recognising the importance of providing clarity and insight on such a crucial legal issue, I deemed it prudent to draft a legal opinion addressed to the Honorable Justice before whom I appeared.
I was also humbled to discover that the judge found value in the arguments I presented within the legal opinion. Below is an excerpt from that document.
Beyond the ballot: AI, voter rights and the future of elections in Africa
Posted: 28 March, 2024 Filed under: Bonolo Makgale | Tags: Access to Information, AI technology, Artificial intelligence, democracy, democratic engagement, digital democracy, digital technology, digital transformation, elections, electoral fraud, Fake News, governance, inequality, information age, right to vote, socioeconomic status, technological challenge, user-friendly interfaces, voter rights, Yiaga Africa Leave a comment
Author: Bonolo Makgale
Centre for Human Rights, University of Pretoria
Introduction
The year 2024 is an extraordinary year for elections in all its hazardous glory as it sets the record for the greatest number of people living in countries that are holding elections. More voters than ever in history will be heading to the polls in at least 64 countries representing a combined population of about 49% globally. Many of these votes will test the limits of democracy, while others will be exercises in rubber-stamping and the results of which, for many, will prove consequential for years to come. Yet, these elections are taking place against the backdrop of a relentless global evolution of digital technology which has ushered in a new era of unprecedented challenges in the democratic and political space. In an era of data manipulation and the growing influence of artificial intelligence, democracy stands at a critical crossroads.
Threats to #EndFGM Law in The Gambia
Posted: 22 March, 2024 Filed under: Musu Bakoto Sawo, Satang Nabaneh | Tags: ACERWC, African Commission and the African Committee of Experts on the Rights and Welfare of the Child, anti-FGM campaigners, bodily integrity, cultural heritage, female circumcision, female genital mutilation, fgm, gender-based violence, human rights, Imam Abdoulie Fatty, international outcry, lack of information, legal instruments, Maputo Protocol, Private Member’s Bill, protection of human rights, religious beliefs, The Gambia, Women's Act of 2010, Women’s (Amendment) Act of 2015, Women’s (Amendment) Bill 2024, Yahya Jammeh 19 Comments |
Author: Satang Nabaneh Legal Scholar & Human Rights Practitioner |
 |
Author: Musu Bakoto Sawo Gambian feminist and human rights lawyer |
In 2015, The Gambia introduced legislation banning female genital mutilation (FGM) through an amendment of the Women’s Act of 2010, following decades of advocacy and sensitization efforts led by civil society organisations (CSOs) and community groups. Section 32A of the Women’s (Amendment) Act of 2015 makes it an offence for any person to engage in female circumcision. Whoever contravenes it is liable on conviction to a term of imprisonment of three years or a fine or both. The Act also stipulates a life sentence when the circumcision results in death. Section 32B (1) addresses those who commission the procedure, stipulating that ‘a person who requests, incites or promotes female circumcision by providing tools or by any other means commits an offence and is liable on conviction to imprisonment for a term of three years or a fine of fifty thousand Dalasis or both’. In addition, a fine of ten thousand Dalasis (approximately $153) as provided in section 32B (2) of the Act is levied against anyone who knows about the practice and fails to report it without a good cause.
Judicial mechanisms as a complement to reconciliation efforts in transitional justice settings: Exploring opportunities in the Burundian context
Posted: 19 March, 2024 Filed under: Lyse Nathalie Menyimana | Tags: Arusha Peace agreement, Burundi, human rights violations, judicial mechanisms, judicial processes, mass graves, national reconciliation, post-conflict, right to justice, Transitional Justice, Truth and Reconciliation Commission, Ubushingantahe, victim-centered approach, violations Leave a comment
Author: Lyse Nathalie Menyimana
Researcher and independent consultant
Transitional justice
Transitional justice is a set of mechanisms established in post-conflict settings to deal with massive violations, acknowledge victims’ claims and attempt to deter violations from happening in the future. While recognising the lack of a perfect formula, whether in the definition or sequencing of the mechanisms, transitional justice (TJ) leaves space for every society to find its own way to deal with massive human rights violations (African Union Transitional Justice Policy, 2019).
While TJ is essentially based on four complementary pillars –truth, justice, reparations and guarantees of non-repetition– inspired by Louis Joinet, this brief article addresses the importance of the right (access) to justice, with regards to long term reconciliation in countries engaged in transitional justice processes such as the Burundi context. The author believes that the right to justice is fundamental and complementary to the right to truth, to reparations and that it can be seen as a precondition for national reconciliation.
Perpetuating Patriarchy via Polygamy: Gaps in Legal Pluralism, the case of Afar and Somali regions of Ethiopia
Posted: 15 March, 2024 Filed under: Rehim Baharu Elala | Tags: child marriage, Civil Code, Deputy Chief Commissioner for Women and Children Affairs, discrimination against women, Ethiopian Constitution, Ethiopian Human Rights Commission (EHRC), family relations, Federal Family Law, fundamental rights, Harmful practices, human rights, human rights violations, polygamy, right to equality, right to health, the right to bodily integrity, traditional practices, women’s marital rights, women’s rights Leave a comment
Author: Rehim Baharu Elala
Human rights attorney and women’s rights advocate
A Somali man should at least have three wives: one to raise the children; a second woman for the housework; and a third one whom he can beat as a warning to the others – An old Somali proverb
The above proverb reflects the societal mindset towards polygamy and the wrong perception towards women’s marital rights. This is besides the cultural and religious influences on women to engage in polygamous marriage both in the Afar and Somali regions. Inequality in the family underlines all other aspects of discrimination against women and is often justified in the name of custom or religion. To eliminate discrimination against women in all matters relating to marriage and family relations, states are expected to take all appropriate measures.[1]
The 1995 Ethiopian Constitution guarantees equal rights for women with men in marital, personal, and family matters under article 34. The frequent mention of equality of men and women in all family relations arises from the need to combat traditional practices based on customary or religious notions that perpetuate discrimination against women.[2]
Niger, Mali and Burkina Faso’s withdrawal from ECOWAS: The Revised ECOWAS Treaty and withdrawal with ‘immediate effect’
Posted: 5 March, 2024 Filed under: Marko Svicevic | Tags: Authority of Heads of State and Government, Burkina Faso, Economic Community of West African States, ECOWAS, ECOWAS Commission, ECOWAS withdrawal, immediate effect, Liptako-Gourma Charter, Mali, military coups, military interventions, military takeovers, Niger, regional peace, sanctions, security, Sovereignty, suspended, treaty law framework, withdrawal Leave a comment
Author: Marko Svicevic
Lecturer and Researcher, Centre for International Humanitarian and Operational Law, Faculty of Law, Palacky University, Olomouc
On 28 January 2024, the military leaders of Niger, Mali and Burkina Faso simultaneously announced their withdrawal from the Economic Community of West African States (ECOWAS) with ‘immediate effect’. Although the move is not all too surprising given rising tensions between the bloc and the three States, it is a historical and significant development in the region. All three States were suspended from ECOWAS following military takeovers; and they had faced varying degrees of sanctions in the last three years.
Integrating gender-inclusive approaches in transitional justice processes in Africa
Posted: 26 February, 2024 Filed under: Mary Izobo | Tags: African countries, conflict-related sexual violence, displacement, diverse sexual orientations, empowerment, enforced disappearances, femicide, forced marriages, gender identities, gender norms, gender perspectives, gender-inclusive approaches, human rights violations, patriarchal systems, rights of women and girls, societal transformation, socio-economic discrimination, Transitional Justice, unconstitutional changes Leave a comment
Author: Mary Izobo
International Human Rights Lawyer, Gender Equality Advocate and Governance Expert
During conflict, gender perspectives reveal the divergent impacts felt by all individuals –women, men, vulnerable and marginalised people, and those with diverse sexual orientations and gender identities. As a result, transitional justice in African countries must not only acknowledge but also actively engage with these gendered realities, particularly focusing on the experiences of women and girls. In the pursuit of reconciliation and healing, it is crucial to recognize the unique impact of conflicts on women and girls, exacerbated by patriarchal systems. By embracing gender-inclusive approaches within transitional justice, we pave the path towards a fairer, more inclusive society for all.
Unpacking the Race to Zero Campaign and its Impact on the realisation of the right to development in Africa
Posted: 2 February, 2024 Filed under: Elim Shanko | Tags: African Charter of Human and Peoples Rights, climate challenges, climate justice, cyclones, decarbonisation strategy, devastating droughts, development goals, Disaster Risk Reduction reports, energy justice, energy-poor zones, GHG emissions, global crisis, Just Transition, over-consumers, Paris Agreement, Race to Zero Campaign, renewable sources, right to development, sustainable development, sustainable future Leave a comment
Author: Elim Shanko
Sustainable development consultant, RA Consulting
Introduction
The African continent, recently grappling with unprecedented climate challenges, finds itself at the forefront of a global crisis. From devastating droughts to intense cyclones, the impacts have been severe, costing lives and disrupting economies. The United Nations Office for Disaster Risk Reduction reports that climate catastrophes cost Africa 12.3% of its GDP between 2015 and 2021. Shockingly, Africa’s 30 deadliest weather disasters have all occurred since 2022, attributing climate change as the primary cause. Thus, the Race to Zero (RtZ) campaign emerges as a key player in the pursuit of a sustainable future. This article critically examines the campaign’s structure and its implications for Africa’s unique challenges, questioning its alignment with principles of climate justice, energy justice, and a just transition and ultimately assessing its impact on the realisation of the right to development.
A year on: Thulani Maseko’s unforgiving legacy in The Kingdom of Eswatini
Posted: 22 January, 2024 Filed under: Lakshita Kanhiya | Tags: #JusticeForThulani, assassination, call for democracy, democratic reforms, Eswatini, human rights, monarchy, oppressive laws, police brutality, pursuit of justice, Tanele Maseko, Thulani Maseko, unchecked state violence Leave a comment
Author: Lakshita Kanhiya
Human Rights Advocate
Twelve months ago, within the silent confines of his home, Thulani Maseko, a valiant advocate for human rights in Eswatini, was mercilessly assassinated before his family’s eyes. His crime? Speaking truth to power and daring to challenge the oppressive laws and unchecked state violence in the Kingdom. Reflecting on this tragic event not only underscores the absence of accountability for Thulani’s murder but also emphasises the urgent call for democracy amid the persistent fear of assassination that lingers in the air. At the heart of Africa’s struggles lies the fractured relationship between democracy and human rights, where the rule of law should stand as an unwavering guardian. Thulani Maseko, through his advocacy, embodied the essence of these principles and in reflecting on his tragic demise, it becomes apparent that Eswatini is at a crossroads, grappling with the repercussions of his absence and the persistent suppression of dissent by an unyielding monarchy.
AfricLaw 