More of the Humourist
Posted: 4 March, 2025 Filed under: Saniamu Ngeywa | Tags: abductions, art, cartoonists, cartoons, democracy, freedom of expression, governmental persecution, increased taxes, Kenya, lawless treatment, print media, rights of all to receive information, tools for creatively, Universal Declaration of Human Rights, violence Leave a comment
Author: Saniamu Ngeywa
LLM, University of Groningen, Netherlands
No Laughing Matter
Retrogressive times and events have taken Kenya back to an all-too-familiar phase, rendering citizens, funny guys, dissidents, and rights defenders shivering. Social media enthusiasts banter that political positions should have an undisputed requirement that the applicant must be able to take a joke, lest an exaggerated doodle puts a cartoonist in, to put it lightly, a sticky situation – governmental persecution, abductions, and lawless treatment.
African countries have, in the past, seen their artists persecuted for wordlessly conveying opinions. The pen, wielded as an instrument of resistance, has led to those in power bringing a gun to the proverbial knife fight against the satirist. Kenya, as a nation that prides itself in democracy, finds itself in an ironic position as it silences the ‘different’ opinion, hazardously blurring the line between democracy and dictatorship. The recent abduction and much-delayed release of cartoonists remind us that despite constitutional protections for freedom of expression, the political elite’s intolerance mirrors that of regimes far less free.
South Africa in African Conflict Resolution: Peacekeeper or Power Player?
Posted: 24 February, 2025 Filed under: Zekhethelo Cele | Tags: conflict resolution, conflict resolution strategy, Democratic Republic of Congo, extrajudicial killings, high unemployment rates, humanitarian aid, instability, M23 crisis, mass displacement, negotiations, regional peacekeeping, SANDF soldiers, self-interest, South African troops, stabilising force, United Nations (UN) peacekeeping missions, vulnerable populations 2 Comments
Author: Zekhethelo Cele
Initiative for Strategic Litigation in Africa
The recent deaths of South African troops in the Democratic Republic of Congo have reignited debates about the country’s role in regional peacekeeping and conflict resolution. As a key player in African diplomacy, South Africa has historically positioned itself as a stabilising force on the continent. However, the risks and costs associated with its involvement in conflicts such as that in the DRC raises a pertinent question: Is South Africa a genuine peacekeeper, or is it acting out of political and economic self-interest?
The violation of fair trial rights: Analysing summary executions of the alleged RSF collaborators by the Sudanese Armed Forces
Posted: 21 February, 2025 Filed under: Razan E H Ali | Tags: armed conflicts, bridge throwing, cruel treatment, diplomatic tensions, extrajudicial killings, Geneva Conventions, human rights violations, humanitarian assistance, humiliating treatment, international human rights law, International Humanitarian Law, maiming, retaliatory violence, Sudan, Sudanese Armed Forces, Sudanese domestic law, Sudanese refugees, summary executions, throat slitting, Wad Madani 1 Comment
Author: Razan Ali
Centre for Human Rights, University of Pretoria
The recapture of Wad Madani, the capital city of Al Jazeera state, by the Sudanese Armed Forces (SAF) in January 2025 after 11 months of the Rapid Support Forces (RSF) control initially sparked celebrations among Sudanese people both domestically and in the diaspora.[1] However, these celebrations were quickly overshadowed by the widespread circulation of videos documenting SAF members conducting summary executions of civilians through methods including throat slitting, bridge throwing, and shooting.[2]
These human rights violations extended beyond Sudanese nationals to include South Sudanese citizens, triggering diplomatic tensions and retaliatory violence against Sudanese refugees in Juba, the capital of South Sudan.[3] Some supporters attempted to justify these killings by claiming the victims were RSF collaborators, despite the fact that the civilian population had been under siege for over a year, making interaction with RSF forces virtually unavoidable for survival.[4]
This article examines the legality of these extrajudicial killings through the lens of three legal frameworks: international humanitarian law, international human rights law, and Sudanese domestic law.
Nigeria’s African Charter Act: The Question of the National Assembly’s Exclusive Legislative Competence to Enact for the Nigerian Federation
Posted: 17 February, 2025 Filed under: Oluwatosin Senami Adegun, Yeabsira Teferi | Tags: 1999 Constitution, Abacha v Fawehinmi, African Charter Act, Houses of Assembly, human rights, legislative powers, National Assembly, Nigeria, Nigerian constitutions, peoples’ rights, public institutions, socio-economic rights 1 Comment
Author: Oluwatosin Senami Adegun
Centre for Human Rights, University of Pretoria
Introduction
By section 12(1) of the Constitution of the Federal Republic of Nigeria of 1999 (1999 Constitution), for a treaty to which Nigeria is a party to have the force of law in Nigeria, the National Assembly must enact such treaty into law. This was the same provision under the Constitution of the Federal Republic of Nigeria of 1979 (1979 Constitution) which was the Constitution in force in 1983 when the National Assembly domesticated the African Charter on Human and Peoples’ Rights by enacting the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act of 1983 (African Charter Act). Section 12 of the 1979 Constitution is the same under the 1999 Constitution. For the purpose of this article, more references will be made to the 1979 Constitution being the Constitution in force when the African Charter Act was enacted.
Realising Transformative Institutional Reforms via Civil Society
Posted: 11 February, 2025 Filed under: Andrew Songa | Tags: advocacy for reforms, African Union Transitional Justice Policy, civil society, democratic transformation, divisions, human rights violations, inequalities, institutional reforms, National Council for Administration of Justice, past violations, public opinion, public pressure, public symposiums, reform processes, socio-economic transformation, Transformative Institutional Reforms, Transitional Justice 1 CommentAuthor: Andrew Songa
Strategic Advisor, Alt Advisory
If institutional reforms are meant to positively and fundamentally transform our state structures and society, then civil society must play a key role in developing, implementing and monitoring them. In defining transitional justice as policy measures and mechanisms that are implemented to overcome past violations, divisions and inequalities, the African Union Transitional Justice Policy emphasises that these measures should enable the forward-looking goals of democratic and socio-economic transformation. A key measure that underpins this transformative potential of transitional justice is institutional reforms. This is because, if properly designed and implemented, institutional reforms transcend temporary or symbolic measures. They address past violations by introducing state institutions that are competent, ethical, independent, accessible, well-resourced and a reflection of the communities they serve.
Does the Penal Code promote life or punish despair? A study of the law against suicide in Kenya
Posted: 7 February, 2025 Filed under: Pawi Fortune, Soita Shitanda Elvis | Tags: Jackson Mwangi Kariuki v Republic, Kenya, Kenyan Penal Code, law, legal remedies, mental well-being, morality, outdated legislation, public humiliation, self-destruction, self-harm, sexual orientation, suicide, suicide criminalisation Leave a comment |
Author: Pawi Fortune Federation of African Law Students, Kenya |
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Author: Soita Shitanda Elvis Kabarak University Law School |
‘Austin taught that the only force behind the law was physical force, and Mill declared that the only purpose for which that force could rightfully be used against any member of the community was to prevent harm to others; his own good, physical or moral, was not sufficient warrant.’[1]
The question on law and morality is as old and controversial as the question of which came first between the chicken and the egg. To some, law and morality are two separate entities whereas others are of the opinion that law and morality are interconnected. According to Professor H.L.A Hart, law and morality are two distinct social phenomena, and a free society should allow for morally autonomous choices.[2] Lord Devlin on the other hand argues that when conduct arouses widespread feelings of intolerance, indignation and disgust, it deserves to be suppressed by legal coercion in interest of the integrity of the society.[3] The issue of suicide intersects with the complex interplay between legal frameworks and societal morality, raising profound questions about individual autonomy, the state’s role in protecting life, and the ethical implications of criminalising self-destructive behavior. This article aims to provide a critical assessment of the Kenyan Penal Code’s stance on suicide, advocating for a shift towards a compassionate and supportive legal framework.
The Changing Nature of Conflicts is putting a new strain on Human Rights
Posted: 31 January, 2025 Filed under: Michael Aboneka | Tags: abduction, adequate nutrition, Boko Haram, conflict, Convention on the Rights of the Children, DRC, education, Ethiopia, forced displacement, gross human rights violations, Israel-Hezbollah, livelihood, property, right to food, sexual violence, Somalia, Starvation, starvation tactic, Sudan, violence against children 2 Comments
Author: Michael Aboneka
Advocate of the Courts of Judicature of Uganda
There is a new shift from the conventional war of state-to-state confrontations to new forms of conflict with no clear boundaries between military and civilian spheres.[1] According to the Alert 2024 Report, 2023 recorded 36 armed conflicts the highest ever since 2014 with new cases in Ethiopia, Somalia, DRC, Sudan and Israel-Hezbollah.[2] This article explores how these new forms of conflicts have increased starvation, forced displacement and violence against children, in the face of increasing rise of non-state actors involved in conflict.
Harnessing Data for Human Rights and Sustainable Development: A Call to Action from the African Commission on Human and Peoples’ Rights
Posted: 23 January, 2025 Filed under: Hlengiwe Dube | Tags: abuse in data usage, accessible data, ACHPR, advancing human rights, Africa, African Commission on Human and Peoples’ Rights, data access, digital age, digital transformation, discrimination, economic growth, education, election processes, gender equality, governance, harnessing data access, health, human progress, poverty eradication, Privacy Concerns, privacy violations, Resolution ACHPR/Res.620 (LXXXI) 2024, sustainable development, The Africa We Want, unequal access to information, United Nations’ SDGs 1 Comment
Author: Hlengiwe Dube
Centre for Human Rights, University of Pretoria
In a world increasingly shaped by the digital revolution, data has become one of the most valuable resources for economic growth, governance, and human progress. From enhancing public service delivery to promoting political participation, the transformative potential of data is undeniable. However, the rapid advancements in technology also bring significant challenges, including privacy concerns, unequal access to information, and the potential for abuse in data usage. Considering these complexities, during its 81st Ordinary Session in November 2024, the African Commission on Human and Peoples’ Rights (ACHPR), adopted Resolution ACHPR/Res.620 (LXXXI) 2024, which seeks to promote and harness data access as a tool for advancing human rights and sustainable development in Africa.
Relearning conflict-related sexual violence: expanding the lens of violence
Posted: 16 January, 2025 Filed under: Lesego Sekhu, Namatirayi Ngwasha | Tags: conflict-related sexual violence, gender-based violence, human rights violations, humanitarian crises, intimate partner violence, IPV, militia, Palestine, peacebuilding efforts, post-conflict IPV, rebels, sexual violence, soldiers, South Sudan, Sudan, the Central African Republic, the Democratic Republic of the Congo, Transitional Justice, Uganda, Ukraine 1 Comment
Author: Lesego Sekhu
Research Assistant, Centre for the Study of Violence and Reconciliation
Given the severity of conflict-related sexual violence during intra-state and inter-state conflicts in the last decade, transitional justice and peacebuilding efforts have directed resources to investigating this form of sexual and gender-based violence. They aim to create measures to both prevent and address the consequences of these atrocities. Notwithstanding the intention, the conventional understanding of conflict-related sexual violence is flawed and neglects the continuities and diversity of violence that permits continued impunity for sexual and gender-based violence during conflict.
Lesotho: Shaping a New Path Through Transitional Justice
Posted: 9 January, 2025 Filed under: Mary Izobo | Tags: accountability, African Union, African Union Transitional Justice Policy, capacity-building workshop, Centre for the Study of Violence and Reconciliation, contested elections, CSVR, cultural heritage, fragile governance, governance challenges, healing, holistic policy framework, justice, Kingdom in the Sky, mental health, military coups, political crises, political instability, psychosocial support, reconciliation, stability, under-resourced Leave a comment
Author: Mary Izobo
Advocacy Manager, Centre for the Study of Violence and Reconciliation
Introduction
Lesotho, a small mountainous nation nestled in the heart of Southern Africa, stands at a pivotal moment as it charts its path toward stability and justice. Often described as the “Kingdom in the Sky” because of its breathtaking highland terrain, Lesotho’s journey is defined by its rich cultural heritage and the challenges of political instability.
AfricLaw 