Women’s right of inheritance of property: Perspectives of a female lawyer from South Sudan
Posted: 18 April, 2023 Filed under: Cedonia Victor Legge | Tags: CEDAW, Convention on the Elimination of all forms of Discrimination against Women, Cultural barriers, inheritance of property, Institutional barriers, international human rights treaties, Land Act, legal frameworks, Maputo Protocol, patriarchal traditions, progressive laws, property, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, South Sudan, women’s rights 1 Comment
Author: Cedonia Victor Legge
Advocate and LLM scholar, University of Juba
Introduction
Women in South Sudan make up more than half the country’s population, yet they have the least influence in the society ¾ especially in the right of access to property ¾ movable and immovable. Whereas the law guarantees the right of women to inherit property, patriarchal traditions continue to deny women from inheriting property. This article discusses my first-hand experiences as a female practicing lawyer in South Sudan. I start by pointing out the legal frameworks on women’s right to own property in South Sudan. This is important to show that South Sudan has legal obligations and a duty to ensure equal access to property by women. It is also crucial for the government to address barriers placed before women in enjoying such a fundamental right. The article proceeds to examine the traditional practices that are opposed to legal frameworks guaranteeing women’s rights to inherit property. The article ends with some recommendations that I put forward to address women’s right to inherit property.
Uganda, god does not uphold thee
Posted: 11 April, 2023 Filed under: Nimrod Muhumuza | Tags: anti-homosexuality law, colonial rule, Constituent Assembly, culture, For God and My Country, homophobia, Kulwa Katonda n’Eggwanga Lyaffe, National Symbols Committee, religion, religious ideologues, religious preferences, revenge killings, sexual minorities, state religion, Uganda Leave a comment
Author: Nimrod Muhumuza
Doctoral researcher
Politicians and religious ideologues often deploy the mantra “Uganda is a god-fearing country” and cite the motto “For God and my Country” to tip the scales on controversial or polarasing issues as if it is a substitute for reasoned, principled debate. They would have us believe that religion regulates and should dictate our conduct, going as far as suggesting that our laws should be informed or at least inspired by scripture. Contemporary religion and its ideals has been a mainstay of Ugandan politics and society, manifested in the religious wars of the 1880s, Christian-inspired colonial rule, President Idi Amin’s Sharia-inspired decrees to the raft of morality laws that have been proposed or enacted recently.
Where to Zimbabwe? Another stage set for flawed elections under Mnangagwa’s leadership
Posted: 3 April, 2023 Filed under: Nqobani Nyathi | Tags: accountability, African Commission on Human and Peoples Rights, amendment of the Constitution, by-elections, constitution, Constitution of Zimbabwe, democracy, electoral disputes, Emmerson Mnangagwa, free and fair elections, government-affiliated media, Guidelines on Access to Information and Elections in Africa, human rights, Luke Malaba, peaceful resolution, Private Voluntary Organisations Bill, PVO Bill, rise to power, unlawful killings, violence, ZEC, Zimbabwe, Zimbabwe Electoral Commission 1 Comment
Author: Nqobani Nyathi
Doctoral Candidate and Project Officer, Centre for Human Rights, University of Pretoria
In 2018, and perhaps at the peak of his popularity, Emmerson Mnangagwa narrowly won a disputed Presidential election in Zimbabwe. In the aftermath, chaos ensued, and soldiers shot and killed people. No one has been held accountable so far, perpetuating an environment of impunity and fear. Mnangagwa’s unconstitutional rise to power the previous year had subverted democracy and as predicted, he has continuously demonstrated an unsettling disregard for the Constitution and the principles of democracy. Zimbabwe’s next general election is scheduled for some time this year, on a date yet to be announced. If Mnangagwa persists on his current path of undermining the Constitution, the election could lack the legitimacy necessary for a functioning democracy.
The urgent need for more women representation in Africa: Why we do what we do
Posted: 30 March, 2023 Filed under: Maria Mulenga Kasoma, Mary Izobo | Tags: Africa, African Union (AU) Agenda, developmental agendas, exclusion of women, gender equality, gender gaps, gender inequality, global priorities, leadership, United Nations Sustainable Development Goals, US-Africa Leaders’ Summit 3 Comments
Author: Mary Izobo
International Human Rights Lawyer
Author: Maria Mulenga Kasoma
Final-year law student
In December 2022, United States President Joe Biden hosted the US-Africa Leaders’ Summit in Washington, D.C. The Summit emphasised the importance of engagement with Africa on the world’s most pressing challenges and possibilities. The Summit also sought to demonstrate the United States enduring commitment to Africa, underscored the importance of U.S.-Africa relations and increased cooperation on shared global priorities. “Women and Youth: Peace and Security” was one of the key themes of the Summit. Nobel Peace Prize winner and former President of Liberia Ellen Johnson Sirleaf addressed the gathering on the role of women’s inclusion in African leadership. Under the theme, she highlighted the social and economic factors that push the exclusion of women. She further stressed the need to revise laws to ensure full gender equality.
When the next generation of leaders forgets God: State, religion and the dilemma of the interpretation of article 8 of the Constitution of Kenya in the not-so-distant future.
Posted: 27 March, 2023 Filed under: Alex Tamei | Tags: Article eight, Bomas draft, Christian values, Constitution of Kenya, corruption, Mukami Wangai, National Council of Churches, NCC, post–election violence, religion, religious leaders, religious practice, Samoei Ruto 1 Comment
Author: Alex Tamei
Law student, Kabarak University School of Law, Kenya
Article eight of the Constitution of Kenya states very succinctly that Kenya shall have no state religion, [i]effectively rendering Kenya a secular state. Several disagreements have arisen because of this minimalist approach taken by the constitution in addressing the relationship between religion and the state. An example is the numerous ‘headscarves cases’ [ii] which according to Mukami Wangai, brought to the surface the confusion in deciding exactly which strain of secularism the 2010 Constitution envisioned for Kenyans. [iii]
Shortly after his ascension to the seat of president of the republic, His Excellency William Samoei Ruto caused a fresh round of debate to ensue on the relationship between state and religion by inviting several clergymen into his official residence at statehouse. Naturally this rankled some people the wrong way. [iv] One such iteration of this debate occurred at Kabarak University during the second edition of the Meet the Author Series where Professor J. Osogo Ambani and a plenary of distinguished contributors came together to tackle the issue at hand through the lens of Professor Ambani’s book, Africa and the decolonization of state religious practice.
Ensuring the safety, effectiveness, and ethics of digital mental health solutions: a regulatory imperative
Posted: 9 March, 2023 Filed under: Abasiodiong Ubong Udoakpan | Tags: data protection, development, digital health interventions, digital mental health solutions, equitable access, Evidence-based regulation, General Data Protection Regulation (GDPR), health disparities, mental health, privacy, regulatory frameworks, resource constraints, Risk-based regulation, User-centered regulation, WHO framework, World Health Organization (WHO) Leave a comment
Author: Abasiodiong Ubong Udoakpan
Data Protection Advisor, Researcher and a Human Rights Lawyer
Introduction
As the use of digital mental health solutions continues to grow, there is an urgent need for regulatory frameworks to ensure their safety, effectiveness, and ethical use. The regulatory landscape for digital mental health solutions is complex and evolving. At the global level, the World Health Organization (WHO) has developed a framework for digital health that includes guidance on the development, evaluation, and regulation of digital health interventions. The WHO framework emphasizes the need for evidence-based interventions that are safe, effective, and ethical, and that are responsive to the needs of different populations. The framework also highlights the importance of data protection and privacy, as well as the need for equitable access to digital health solutions.[1]
How legal frameworks on disinformation help suppression in Burkina Faso and Guinea
Posted: 17 February, 2023 Filed under: Dércio Tsandzana, Simone Toussi | Tags: Burkina Faso, Cybersecurity and Data Protection Act, digital communication platforms, disinformation, false news, Francophone, General Gilbert Diendéré, Guinea, International Covenant on Civil and Political Rights, international human rights standards, misleading documents, suppression, terrorism, transitional periods Leave a comment
Author: Simone Toussi
Digital Rights Researcher, Africa Region
Disinformation, also known as, “all forms of false, inaccurate, or misleading information designed, presented and promoted to intentionally cause public harm or for profit”, [1] is on the rise in Africa, aided by the evolving digital communication platforms. To counter disinformation, several African governments are using provisions in existing laws or enacting new laws that do not comply with international human rights standards[2] on freedom of expression and access to information. As of August 2022, no country in Francophone Africa[3] has enacted legislation specifically on disinformation, but the majority have provisions regulating disinformation in various laws.[4]
Freedom of expression and combating terrorism in Mozambique: the challenge of enacting laws in a context of conflict
Posted: 6 February, 2023 Filed under: Dércio Tsandzana | Tags: Countering Terrorism, data protection, disappearance of journalists, false news, freedom of expression, freedom of press, fundamental freedoms, human rights, international human rights standards, Mozambique, Social Communications Law, terrorism 1 Comment
Author: Dércio Tsandzana
Researcher / Professor of political science at Eduardo Mondlane University
- Introduction
This article analyses two laws that are undermining freedom of expression (and freedom of press) in the context of conflict in Mozambique. The first is the proposed Law of Communications that intends to review the press law[1] and the second is a law aimed at fighting terrorism in Mozambique.[2] Both were proposed at a time when Mozambique has been experiencing ongoing armed conflict in Northern Mozambique since October 2017.[3] Since then, several cases of human rights violations, imprisonment and disappearance of journalists have been reported.[4] On 29 October 2022, a Mozambican journalist was forcibly disappeared in Cabo Delgado – he had been arrested while in the course of his trade.[5] Thus, the approval of new laws in contexts of military tension may not only undermine freedom of expression in the country, but can also violate human rights in general. It is necessary to understand what impact these laws may have on the respect for freedom of expression and how they can affect the way information is disseminated in the context of conflict, where the spread of false news tends to increase.[6]
Transitional Justice and Women in Africa: How the Material Turn is still difficult to be seen?
Posted: 28 November, 2022 Filed under: Cristiano d'Orsi | Tags: Africa, African countries, community courts, compensatory assistance, crime against humanity, customary law, domestic instruments, domestic level, gender-based violence, Maputo Protocol, military tribunals, popular culture, rape culture, sexual violence, traditional justice systems, Transitional Justice, violations, violence, violent crime, women, women’s rights Leave a comment
Author: Cristiano d’Orsi
Research Fellow and Lecturer at the South African Research Chair in International Law (SARCIL), University of Johannesburg
As envisaged in the 2003 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), transitional processes should recognize the gendered nature of conflicts in which women are affected disproportionately, both directly and indirectly, by violence (see, for example, Article 10 –Right to Peace- and Article 11 –Protection of Women in Armed Conflicts-).[1] However, gender concerns in Africa have been rarely incorporated into Transnational Justice (TJ) through mainstreaming gender as a crosscutting issue. The nature of the violations to which women are usually subjected on the continent, and the impact of such violations on them, means that the issue of women and TJ should be treated on its own. Nevertheless, there is still a long way to go to comply with this measure. Normally, states emerging from conflicts or authoritarian repression should ensure women’s representation and participation at all stages of TJ processes by writing women’s participation into peace agreements and TJ laws and policies. Nevertheless, seldom has this been the case in Africa.
AfricLaw 
Right to participate and citizenship: Liberians yearn for an inclusive vote in 2023
Posted: 6 January, 2023 | Author: AfricLaw | Filed under: Uncategorized, Urias Teh Pour | Tags: 2023, African Charter on Democracy, African Commission on Human and Peoples' Rights, Alien and Nationality Act of 1973, citizenship, civil war, Elections and Good Governance, Gabriel Shumba and Others, General Comment 25, human rights, Human Rights Committee, inclusive vote, Liberia, migrant workers, Mtikila v Tanzania, New Elections Law, refugees, Right to participate, right to vote, Vienna Convention on the Law of Treaties | 1 CommentExecutive Director, Independent National Commission on Human Rights (INCHR), Liberia
For the first time in the political history of Liberia, Liberians in the diaspora are making a strong case for their inclusion in the 2023 general and presidential elections. This call has come at the time when the Alien and Nationality Act of 1973 which prohibited dual nationality has been amended. The amended Act, Alien Nationality Law of 2022, provides that ‘any person who acquires another in addition to his or her Liberian citizenship shall not [be] deemed to have relinquished his or her Liberian citizenship.’
The passage of this law led to a wave of calls for the democratisation of electoral politics, considering the huge population of Liberians living abroad and their aspiration to participate in elections to elect their leaders at home. The Liberia Demographic Survey of 2021 projected Liberia’s population at 5.18 million. There are approximately 1.2 million Liberians and people with Liberian heritage scattered all over the globe, with the majority living and referring to the United States as their home. Some statisticians have predicted that the on-going population and housing census would exceed the projected number.
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