Forced marriage is a major concern for mental health of victims: Why are partners not doing enough? A case of Somalia

Bahja-HassanAuthor: Bahja Hassan
Independent Somali Gender Analyst

Summary

This article points out why initiatives to address child and forced marriages in Somalia are inadequate at providing mental health services to survivors of child marriages. It proposes an urgent rethinking of current interventions and approaches to integrate mental healthcare services so that frontline workers are equipped with necessary skills to provide services to young mothers. It argues that failure to integrate mental healthcare services into programmes aimed at ending child and forced marriage would not provide any meaningful results. This is because child and forced marriage inevitably impact girls’ mental health so much as it violates their rights to dignity, education, and livelihoods.

Read the rest of this entry »


The relative success of fact checking services in combatting fake news – a quick patch for a systemic problem?

Mihail StojanoskiAuthor: Mihail Stojanoski
Human rights lawyer, Macedonia

There is little need to introduce the buzzword “fake news” and the risks associated with it. The phenomenon is nothing new but its re-emergence during the second half of the past decade is attributed in large part to the massive proliferation of news on social media and the overall lower barriers for entry into the field of news distribution.[1]

Responses were numerous and quick to appear – from the introduction of an interim take-down measure available during election periods in France to outsourcing the problem by introducing intermediary responsibility of the platforms which transmit the content in question in Germany. Setting aside the latter, which rapidly gained global popularity ,[2] an initial antidote to fake news, which was introduced swiftly and to public acclaim in many countries, was fact-checking.

Read the rest of this entry »


‘Afrofuturism’, Pop Culture & Mainstreaming TWAIL

Adithya-VariathAuthor: Adithya Variath
Assistant Professor, Maharashtra National Law University Mumbai, India

Despite Africa’s growing geopolitical significance, its under-representation and under-participation in the discourse of international law-making is a paradox. The absence of local contexts and an indigenous approach to law has been bedevilling the culture of academic exploration and human rights law research in third-world countries. For the first world global academic circle, any effort to provide an alternative structure (like TWAIL or Afrofuturism) face hostility and resistance from European counterparts. This is also because imperialism, as a post-colonial leftover of defining the context and content of international law has penetrated the understanding and pedagogies of human rights law in Africa.

Read the rest of this entry »


ICTs and Access to judicial remedies during the COVID-19 era

Namatirayi-NgwashaAuthor: Namatirayi Ngwasha
Lawyer

COVID-19 and access to the courts

The increase in the number of COVID-19 cases in 2020 forced many countries in Africa to resort to the adoption of lockdown measures. Operational changes that were made included amending court rules and operating procedures. Technological methods used include video conferencing and live broadcast to ensure public access to hearings. In some instances, the number of staff coming to work was cut or staff had to work on rotational bases at the courts to enable social distancing. As a result, some of the cases fell off the court system and there was lack of consistency of handling cases due to the rotation of court staff.

The paper seeks to investigate how access to the courts was affected by the COVID-19 pandemic and how the different courts adapted.

Read the rest of this entry »


Ensuring Digital Accessibility for Students with Disabilities in Higher Education through Digital Accessibility Online Tools and Digital Accessibility Training

Alecia-SamuelsAuthor: Alecia Samuels
Associate Professor, Centre for Augmentative and Alternative Communication , University of Pretoria

When teaching and learning moved almost exclusively online during the COVID-19 pandemic, it brought into sharper focus for universities, the accessibility of their digital content especially for students with disabilities. Digital accessibility is the process of making digital products and content (websites, mobile apps, documents and other digital media and technologies) accessible for everyone regardless of any barriers they might have. While becoming increasingly relevant during the COVID 19 pandemic when universities were forced to move teaching and learning almost exclusively online, for many students with disabilities, difficulties in accessibility of the digital portions of their studies has predated the pandemic not just globally but in South Africa as well. If they are to be successful in their courses and conduct their own research, students with disabilities in higher education need learning materials and information to not just be available but also accessible in various formats that will allow them to be engaged in their learning.

Read the rest of this entry »


Impact of artificial intelligence on effective judicial protection

Jackeline-Maribel-Paye-SalazarAuthor: Jackeline Maribel Payé Salazar
Lawyer

Introduction

Artificial intelligence (AI) makes a significant contribution to achieving timely and predictable justice. However, it is necessary to analyze the challenges that its use represents for the right to effective judicial protection. This right includes not only the right of people to access the courts of justice and to obtain a judicial decision in a reasonable period of time but also the right to obtain a decision duly motivated. This supposes that judicial decisions have to express the reasons on which they are based. In this sense, the author asks: is it possible to sufficiently guarantee the right to effective judicial protection if we use expert systems based on AI? What are the benefits of AI in the justice administration system? What is the “dark side” of AI? What are its limits, from the perspective of the right to effective judicial protection?

Read the rest of this entry »


#gameofphones: Examining the social media regulatory regimes across Africa

Blessing-Temitope-OguntuaseAuthor: Blessing Temitope Oguntuase
Lawyer

Blood, gore, and broken human bones sprawled across the blood tainted soil for miles and miles, the stereotypical image of a war-torn battlefield. Over a century ago, one might have thought it impossible for the iconic swords and bullets to be traded for smartphones and twiddling fingers. Who could have imagined the metal battle armours being replaced with the anonymity of a social media profile?

Read the rest of this entry »


Reflecting on the importance of migration in an African context: A case for the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families by African states

Jonette-Ann-Matilda-O-GreeneAuthor: Jonette-Ann Matilda O. Greene
Human Rights Advocate

Waris-AsmalAuthor: Waris Asmal
Intern, Centre for Human Rights, University of Pretoria

Introduction: Migration in a pan-African context

In Southern Africa the ‘great shattering’ of the Nguni people that led to mass-migration in the form of the Mfecane in the 19th century teaches us that the free movement of peoples to escape conflict or disruptions to way of life, is an integral part of African history. Similarly, trends of mass migration in the 20th century in North Africa, be it from Libya or Sierra Leone during their civil wars or even mass migration in East Africa from Rwanda during the genocide demonstrate that migration of people away from centres of conflict to pursue a better life is a core part of African history.

Read the rest of this entry »


Reclaiming African Traditions in Transitional Justice: With Some Reflections on Sudan

Bobuin-Jr-Valery-Gemandze-ObenAuthor: Bobuin Jr Valery Gemandze Oben
Advocacy Specialist, Centre for the Study of Violence and Reconciliation

Introduction

Following the much heralded third wave of democratisation which swept across Africa in the 1990’s, there was optimism that the continent was making a conscious and considerable shift towards democratic consolidation founded on the rule of law and the respect for human rights. Fast-forward almost three decades later and the major headlines across the continent portray conflict, instability and authoritarianism. April was Freedom Month in South Africa, commemorating the first democratic elections held in the country in 1994. As time goes by, much significance has been attached to these celebrations as it reflects the country’s journey towards justice, equality, and dignity from a divisive apartheid-construed society. Transitional justice played a key role in this journey. Most importantly its tools could be used to address conflict, violent extremism and authoritarian rule, issues which are currently plaguing the continent.  One of such situations is the ongoing conflict in Sudan between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) which degenerated in April.

Read the rest of this entry »


Senegal’s future hangs in the balance – #GardonsLesYeuxSurLeSénégal, West Africa’s longest-standing democracy!

Nyasha-Mcbride-Mpani

Author: Nyasha Mcbride Mpani
Southern African project leader, Data for Governance Alliance

While the world is still grappling with the complexities arising from power struggles in Sudan, with two warlords vying for control, the situation in Senegal has added to the mounting problems on the African continent. Since February 2021, Ousmane Sonko, the leader of the Senegalese opposition, has faced charges of rape and of sending death threats. However, what started as a legal matter seems to have turned into a politically charged trial. Unfolding events have revealed a deeply troubling pattern of repression and injustice in Senegal.

Read the rest of this entry »