Illegal immigrants now deserve the eye of law in Tanzania
Posted: 27 September, 2013 Filed under: Njiti Lucius Batty | Tags: African, African Union, human rights, illegal immigrants, Kenya, Luo, Masaai, non-refoulement principle, Tanzania, United Nations 6 Comments
Author: Njiti Lucius Batty
Candidate Advocate, High Court of Tanzania; Tutorial Assistant and Coordinator, University of Dodoma Law Society & Moot Court, Tanzania
This article comes as result of the historical background on the status of immigrants in the western part of Tanzania where the expulsion of illegal immigrants is never stable (see a BBC report). The main reason leading to the expulsion of illegal immigrates is the fact that most immigrants are not aware of Tanzanian immigration. In turn, Tanzania reacts by deporting them back to various nations along the Great Lake States.
Illegal immigration in Tanzania may be legally assessed based on two perspectives. One, those immigrants who enter Tanzania without observing due processes and are then apprehended, detained and charged with breaching immigration laws, and two, those who are found to be residing with and married to Tanzanians without observing legal procedures.
Illegal immigrants, of whatever nature, as described above, are deserving of human rights as other Tanzanians. Thus, there is a great need for lawyers and non-governmental organisations to offer information and knowledge on issues relating to immigration, labour and citizenship so as to bring awareness amongst refugees of their rights.
Realisation of inclusive education for persons with disabilities at rural universities in South Africa
Posted: 10 September, 2013 Filed under: Adrian Jjuuko | Tags: apartheid, constitution, Convention on the Rights of Persons with Disabilities, economic accessibility, education, human rights, inclusive education, non-discrimination, persons with disabilities, physical accessibility, rural universities, South Africa, University of Venda Leave a comment
Author: Adrian Jjuuko
Executive Director of Human Rights Awareness and Promotion Forum (HRAPF); LLM (Human Rights and Democratisation in Africa) candidate, Centre for Human Rights, University of Pretoria, South Africa
South Africa’s efforts to implement inclusive education started before the Convention on the Rights of Persons with Disabilities (CRPD) – to which South Africa is a state party- came into force. This was owing to its legacy of apartheid, a policy of exclusion. It created different universities for both the white and black communities. White universities were comprehensive universities that prepared students for professional careers, while black or rural universities were meant to produce semi-skilled menial workers.
With the fall of apartheid, the new regime adopted a policy of inclusive education, including higher education. Higher education was recognised as a right in terms of Article 26 of the 1996 Constitution. A single system of higher education was created and White Paper 6 of 2001 was adopted as the benchmark of inclusive education at all levels. It goes beyond disabilities, race, gender and other grounds of discrimination. It is an obligation for every educational institution to implement inclusive education, and physical accessibility for persons with disabilities (PWDs) is mandatory.
However, there is a need to give special focus to rural universities on account of their history if South Africa is to fulfil its obligations under Article 24 of the CRPD. This article seeks to highlight the implementation of inclusive education for PWDs at one of the rural universities – the University of Venda.
Ethiopia’s Anti-Terrorism Proclamation and the right to freedom of expression
Posted: 30 August, 2013 Filed under: Patrick Griffith | Tags: African Commission on Human and Peoples’ Rights, anti-terrorism, Anti-Terrorism Proclamation, Article 19 of the ICCPR, Convention on the Prevention and Combating of Terrorism, Eskinder Nega, Ethiopia, European Parliament, human rights, journalists, opposition activists, Organisation for African Unity, right to freedom of expression, UN High Commissioner for Human Rights, UN Working Group on Arbitrary Detention, United Kingdom, United Nations 18 Comments
Author: Patrick Griffith
Programme Attorney, Freedom Now
On Wednesday 17 July 2013, members of the European Parliament’s Sub-committee on Human Rights visited Ethiopia and urged the government to release journalists and opposition activists imprisoned under the country’s Anti-Terrorism Proclamation No. 652/2009 (Anti-Terror Proclamation). The visit is an important reminder that despite widely hailed progress on poverty reduction, the Ethiopian government continues to punish free expression in violation of international law.
Eskinder Nega, an outspoken journalist and blogger who was sentenced to 18 years imprisonment in July 2012, is amongst those arbitrarily detained under the Anti-Terror Proclamation. In early 2011, Nega began writing and speaking publicly about the protest movements then sweeping north Africa. Although initially hesitant to draw direct parallels with Ethiopia, he was clearly supportive of the protesters abroad and critical of his government at home. He also consistently emphasised the importance of non-violence. But despite the clear protection of peaceful free expression under Article 19 of the International Covenant on Civil and Political Rights, to which Ethiopia is a party, the government reacted by prosecuting Nega as a traitor and terrorist.
Right to stand for elections as an independent candidate in the African human rights system: The death of the margin of appreciation doctrine?
Posted: 19 August, 2013 Filed under: Adem Kassie Abebe | Tags: African Charter, African Commission on Human and Peoples’ Rights, African Court, African Court on Human and Peoples’ Rights, constitution, elections, Inter-American Court on Human Rights, International Covenant on Civil and Political Rights, international human rights, margin of appreciation doctrine, Mtikila, right to association, right to equality, right to political participation, right to stand for elections, Tanzania, Tanzanian Court of Appeal 8 Comments
Author: Adem Kassie Abebe
Post-doctoral Fellow, University of Pretoria
Although the right to stand for elections is recognised as an essential aspect of the right to political participation, international human rights law does not specifically address the right of individuals to stand for elections as independent candidates, for example, without being a member of and sponsored by a political party. In fact, the only implied reference to independent candidacy is to be found in General Comment No 25 of the United Nations Human Rights Committee, the organ in charge of monitoring compliance with the International Covenant on Civil and Political Rights, on the right to participation. The Committee observes that “[t]he right of persons to stand for election should not be limited unreasonably by requiring candidates to be members of parties or of specific parties” (paragraph 21). What constitutes an “unreasonable” limit to the right of persons to stand for election is not apparent. As a result of the lack of a clear rule, the law and practice in relation to independent candidates varies across borders. In some countries, individuals must be members of political parties to be able to stand for election. In others, they may stand for elections as independent candidates. In some others, independent candidates are allowed in relation to local elections but not in relation to parliamentary and presidential elections.
It is within this context of uncertainty that the African Court had to decide whether the ban on independent candidacy in Tanzania was compatible with the right to equality, the right to political participation, and the right to association in the African Charter on Human and Peoples’ Rights (Tanganyika Law Society and The Legal and Human Rights Centre and Reverend Christopher Mtikila v The United Republic of Tanzania, Applications 009 and 011/2011). This case is interesting in many respects. Firstly, the case presented the African Court the first opportunity to address the margin of appreciation doctrine. Secondly, the application presented a test case to evaluate the trajectory of the African Court towards the jurisprudence of other international and regional human rights organs on similar issues. Thirdly, Tanzania is not the only African country that bans independent candidacy. The decision of the Court therefore has consequences for many other African countries.
Realising the right to health for children with HIV/AIDS in Botswana: Policy based approach v rights based approach
Posted: 13 August, 2013 Filed under: Rashid Dumbuya | Tags: African Charter on Human and Peoples' Rights, African Charter on the Rights and Welfare of a Child, Botswana, children, Children's Act, constitution, Convention on the Rights of the Child (CRC), HIV/Aids, ICESCR, mother-to-child transmission, public health, Public Health Act, right to health, South Africa, TAC, Treatment Action Campaign 1 Comment
Author: Rashid Dumbuya
LLM (Human Rights and Democratisation in Africa) candidate, Centre for Human Rights, University of Pretoria, South Africa; Barrister and Solicitor, Sierra Leone
Botswana faces significant challenges on the HIV/AIDS epidemic. According to the third Botswana AIDS Impact Survey (BAIS III) which took place in 2008, 17.6% of Batswana were living with HIV/AIDS. The survey revealed that about 18 000 children below the age of 19 were HIV positive.
Strong political commitment at national level has however resulted in impressive scale up in HIV treatment for children under the Prevention of Mother-to-child Transmission programme. Children are currently treated in about 33 centres issuing antiretroviral drugs. However, Baylor Children’s Clinical Centre of Excellence provides a more in-depth pediatric content. There are also community-based non-governmental organisations (NGOs) such as Child Line, Mpule Kwelagobe Centre, SOS Children’s Home and Paolo Zanichelli Children’s Centre that are currently providing specialised services to vulnerable children. It is however important to point out that, in Botswana, the needs of HIV/AIDS affected children are not provided for in a comprehensive National legal framework. Care and treatment for children with HIV is currently addressed in overall HIV policy guidelines.
Unmanned Aerial Vehicles: Call for an African Union resolution on the use of drones in Africa
Posted: 5 August, 2013 Filed under: Benjamin Ng’aru | Tags: Africa, African Charter, African Union, Al-Qaeda, Ben Emmerson QC, CIA, CIA's angry birds, constitutive act, Djibouti, drone strikes, Ethiopia, extra-judicial killings, Glomar response, human rights, Human Rights Watch, humanitarian law, International Court of Justice, international human rights, international law, right to fair trial, right to life, right to privacy, Seychelles, Somalia, UN Special Rapporteur on Counter Terrorism and Human Rights, UN Special Rapporteur on extrajudicial summary or arbitrary executions, United States of America, unmanned aerial vehicles 4 Comments
Author: Benjamin Ng’aru
Legal Assistant, Local Authorities Pensions Trust; Volunteer Programmes Assistant, Legal Exchange Centre, Nairobi, Kenya
On 15 March 2013 Chief Judge Merrick Garland of the United States (US) Court of Appeals Circuit in American Civil Liberties Union Foundation v Central Intelligence Agency (CIA) dismissed the CIA’s standard Glomar response to its expanded and clandestine programme to carry out targeted killings on suspected terrorist. Barely two months later, a High Court in Peshawar, Pakistan, held that drone strikes (and their continued use) “are a blatant violation of Basic Human Rights and are against the [United Nations] (UN) Charter, the UN General Assembly Resolution …and a violation of the sovereignty [of Pakistan]”. Whereas not fully specific on the human rights instruments violated, these judicial pronouncements point to an increasing dissatisfaction by the international community on the lack of a concise and regulated use of the “CIA’s angry birds”.
This note seeks to merely highlight possible violations of various rights including the right to life, right to fair trial as well as the right to privacy, which are all enshrined in the African Charter; and call upon the African Union (AU), through its various organs, to promote more transparency on the use of drones and foster the enactment of a continental regulatory framework to govern the use of Unmanned Aerial Vehicles by western nations on African soil.
The use of drones in African’s airspace has been on a steep rise. The latest documented incident was on 27 May 2013 when Al-Shabaab allegedly shot down a UAS Camcopter S-100 near the town of Buulo Mareer, southern Somalia. The London based Bureau of Investigative Journalism estimates that over 200 persons, mostly non-combatants, have been killed by drone strikes in Somalia since 2003. American drone support bases have been reportedly set up in Arba Minch (Ethiopia), Seychelles, Camp Lemonnier (Djibouti) and recently in Somali’s shell-crated international airport in Mogadishu. A 2012 study by Stanford Law School and New York University’s School of Law indicated that there were more civilians and innocent residents killed in the drone strikes than militants throughout the period of the drone program.
The Zimbabwean government’s measures to address maternal mortality have little prospects of success
Posted: 30 July, 2013 Filed under: Linette du Toit | Tags: Abuja Declaration, African Union, CARMMA, constitution, Maputo Protocol, maternal deaths, maternal mortality, public health, reproductive rights, right to health, right to reproductive healthcare services, women, women's rights, Zimbabwe 2 Comments
Author: Linette du Toit
LLM (Human Rights and Democratisation in Africa) candidate, Centre for Human Rights, University of Pretoria, South Africa
It is a universal and timeless reality that women face the risk of death in the process of giving life. In recent years, this risk has been virtually eliminated for those who have access to the necessary prenatal care and emergency medical assistance. Contrary to the global trend, Zimbabwe has seen a stark increase in its number of maternal deaths and currently sits with a figure that is 50% higher than the sub-Saharan average.
This state of affairs is not surprising in light of the disintegrated nature of Zimbabwe’s public health system, which reached its lowest point in 2008. At that time, government policies led to the closure of public hospitals and a medical school in Harare. Basic resources and emergency care have not been consistently available and the government’s failure to remunerate healthcare professionals with set salaries left many of them with no choice but to leave the country. The continuing epidemic of deaths which could have been prevented indicates an alarming disregard for a variety of rights and obligations on the part of the Zimbabwean government. Questions arise as to whether the government is taking appropriate measures to address the plight of Zimbabwean women.
Realising inclusive education for children with disabilities in Lesotho
Posted: 15 July, 2013 Filed under: Precious Eriamiatoe | Tags: Africa, braille, capacity building, Child Protection and Welfare Act of 2011, children, Children with disabilities, constitution, disability, disability equality training, education, Education Act of 2010, inclusive education, Lesotho, primary education, United Nations Convention on the Rights of Persons with Disabilities 13 Comments
Author: Precious Eriamiatoe
LLM (Human Rights and Democratisation in Africa) candidate, Centre for Human Rights, University of Pretoria, South Africa
Inclusive education advocates for educational systems with an approach that serves the needs of all learners while identifying and overcoming barriers that prevent persons with disabilities from being included in the educational system. Lesotho has a high literacy rate of 87%. In spite of this commendable figure, about 40% of children with disabilities (CWDs) between the ages of 5 and 10 do not attend primary school while 23% of children with disabilities between ages 10 and 20 do not attend high school. These figures are significantly higher when compared to children without disabilities in the same age groups.
The Constitution of Lesotho recognises education as a directive principle of state policy under Chapter 3 of the Constitution and not as a justiciable right. However, the Child Protection and Welfare Act of 2011 and the Education Act of 2010 expressly affirm the right of children with disabilities to education. In addition, Section 4(2)(b) of the Education Act imposes an obligation on duty bearers to ensure that children with disabilities are included in the educational system. The right to education is also protected under Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). This provision also places an obligation on state parties not to exclude children with disabilities from free and compulsory primary education, and that the inclusion is complemented by accessibility, reasonable accommodation, and effective individualised support aimed at maximising academic and social development. Lesotho ratified the CRPD in 2008 and adopted a free universal primary education in 2001 as a means of achieving education for all. Lesotho has a National Disability Policy of 2011, the Education Sector Strategic Plan 2005-2015, and the Special Education Unit all geared towards achieving inclusive education for people with disabilities. The legal implication of these laws and policies is that the government of Lesotho has obligations under international and domestic law to ensure that children with disabilities are not excluded from the general educational system and that children with disabilities can learn on an equal basis with abled children. However, children with disabilities still do not attend primary school. There is a huge gap between the legal framework and the practical implementation of inclusive education in Lesotho.
Survival rights of Eritrean refugees in Ethiopia: The Shimelba refugee camp case
Posted: 8 July, 2013 Filed under: Kbrom Alema Germay | Tags: ACHPR, African Refugee Convention, CEDAW, CRC, Eritrea, Ethiopia, ICCPR, ICECSR, refugee camp, refugees, right to food, right to housing, Shimelba, United Nations High Commissioner for Refugees 4 Comments
Author: Kbrom Alema Germay
Candidate Judge at the Aga’ezi Justice Organs Professional Training Center and Legal Research Institute
Currently, Ethiopia is among the developing countries that are hosting thousands of refugees from Eritrea, Kenya, Somali and Sudan, and that mandates refugee to reside in camps. Some of the refugees in Ethiopia live in the northern parts of the country in a camp called the Shimelba refugee camp. Refugees in this particular camp lived in Eritrea and fled to avoid military service, religious persecution and ethnic discrimination. This camp is situated is in a place widely recognised for its diverse settings and agro-ecosystems, displaying a wide array of environmental problems and vulnerabilities. To this end, the lands are fragile and vulnerable to both natural and human generated calamities, ranging from the shortage of or unpredictable rainfall to species and resource base depletion and degradation rendered more acute by the effects of drought. The location of the camp site is isolated. The environmental conditions are difficult, with temperature ranging up to 42 degree Celsius. The Ethiopian government in collaboration with the United Nation High Commissioner for Refugee (UNHCR), oversight and manages Shimelba.
Ethiopia is signatory to the 1951 Convention relating to the Status of Refugees and its Protocol. Regionally, Ethiopia is also a party to the 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa (African Refugee Convention). Besides these refugee-specific instruments, Ethiopia is also a party to most of international and regional human rights instruments such as the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights (ICESCR); the International Convention on Torture, Inhuman and Degrading Treatment; the Convention on the Rights of the Child; the Convention on the Elimination of Discrimination Against Women; and the African Charter on Human and Peoples Rights, therefore reinforcing the protection for refugees.
Corruption in Ethiopia: Causes and remedies
Posted: 4 July, 2013 Filed under: Daniel Behailu Geberamanuel | Tags: Africa, constitution, corruption, credibility, EPRDF, Ethiopia, Federal Ethics and Anti-corruption Commission of Ethiopia, Global Financial Integrity, human rights, independent judiciary, press freedom, rule of law, separation of power, seperation of power 7 Comments
Author: Daniel Behailu Geberamanuel
PhD student at Law Faculty of Giessen University, Germany
It is often heard (from all concerned) that corruption levels in Africa and particularly in Ethiopia are of concern. Corruption is not only a violation of law and order, but a massive cause for the exacerbation of poverty already entrenched in the society. It frustrates any genuine effort exerted towards societal and economic development both by the government and the people. The ill sides of corruption are not to be undermined nor should efforts to fight it be played up as a political game just to prolong the life of a specific regime posing as the “good guy”. The fight against corruption must not be a tactical step for public attention and a ploy to win the sympathy of people. The fight against corruption by all Ethiopian stakeholders should investigate the root causes of corruption to address the problem sustainably for the following reasons: Ethiopia is cultivating tens and thousands of graduates from universities and technical colleges every year and the lack of jobs is becoming a serious concern.
According to a report by Global Financial Integrity, Ethiopia lost close to $12 billion since 2000 to illicit financial outflows. This is simply disaster in the making. The government must be serious in its fight against corruption because the government’s credibility and whatever level of legitimacy it might have been commanding is put to question. Therefore, in the government cadres’ language, “fighting corruption ought to be a survival issue”.
Every time I hear of anti-corruption efforts in my country, my pain is immense and is summed up by a phrase in the Amharic language “sedo masaded”, roughly translated as “trying to arrest after cutting lose”; the question is why “cut lose”? Why not fix the fence? Why not shut the door to thieves and the corrupt? The question for all of us is how to secure the house. The solution lies in “institutionalising the rule of law”; subsequently, if anyone subverts the system, all due processes of the law must ensue and no one should be considered or consider themselves above the law.
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