The Right to Consent: Reimagining Sexual Autonomy for Persons with Disabilities in Zimbabwe through S v Zidyengi
Posted: 18 October, 2024 Filed under: Neville Mupita | Tags: consensual relationship, Convention on the Rights of Persons with Disabilities, CRPD, disability rights, equal recognition, equality, expert evidence, High Court judgment, human rights, inclusion, mental capacity, mentally incompetent adults, persons with disabilities, psychosis diagnosis, right to autonomy, right to dignity, rights of persons with mental disabilities, S v Zidyengi, sexual autonomy, sexual choices, sexual conduct, Zimbabwe, Zimbabwe High Court 1 Comment
Author: Neville Mupita
Centre for Human Rights, University of Pretoria
On 17 July 2024, the Zimbabwe High Court handed a landmark judgment in the case of S v Zidyengi that addresses a key interplay between mental disability and sexual autonomy. This judgment poses a topic of importance under the framework of the Convention on the Rights of Persons with Disabilities (CRPD). This piece uses a human rights-based approach to analyse the High Court judgment within the CRPD’s yardstick.
The impact of internet shutdown on freedom of expression in Ethiopia
Posted: 16 October, 2024 Filed under: Fenot Mekonen Hailu | Tags: Access to Information, Access to the internet, censorship, civil unrest, conflict, democracy, electronic communications, essential information, Ethiopia, Federal Democratic Republic of Ethiopia's Constitution, flow of information, freedom of expression, fundamental freedoms, human rights, information blackout, international law, internet restrictions, internet shutdown, right to freedom of expression, UN human rights instruments 2 Comments
Author: Fenot Mekonen Hailu
LLM Candidate, Centre for Human Rights, University of Pretoria
Introduction
Access to the internet is essential for many aspects of daily life. Even though it is not explicitly classified as a human right, it is considered an enabler for the enjoyment of human rights.[1] One of the threats to internet access nowadays is internet shutdowns. An internet shutdown typically involves the deliberate disruption of internet or electronic communications, rendering them partially or fully inaccessible.[2] These shutdowns often target specific populations or regions to control the flow of information, though they can sometimes impact entire countries.[3] Despite the internet’s crucial role in communication, information sharing, and exercising fundamental freedoms, internet shutdowns have become an alarming issue across the world.[4] The internet has greatly enhanced free speech, enabling individuals to express their opinions without fear of censorship or retribution. It has also encouraged the exchange of ideas and facilitated the spread of information, benefiting society.[5] However, this fundamental right is threatened in Ethiopia by a concerning pattern of internet shutdowns. In response to protests, civil unrest, and other forms of social and political activism, the government has resorted to invasive shutdowns. These measures significantly limit citizens’ freedom of expression, impede democratic dialogue, and obstruct the flow of essential information in society, [6]leaving millions uninformed and potentially infringing on their rights to freedom of expression, access to information, assembly, and association, as well as other human rights.[7]The right to freedom of expression is protected under international law and most national constitutions. This right has evolved to encompass the internet as a vital communication medium, raising important questions about the extent to which internet access is protected under existing normative principles.[8]
The impact of climate policies on Kenya’s development: Analysing the trade-offs
Posted: 14 October, 2024 Filed under: Uday Makokha Keya | Tags: African countries, carbon dioxide emissions, carbon tax., climate crisis, climate policies, developed countries, developing countries, eco levy, environment, global warming, Kenya, Loss and Damage Fund, monetary funds, plant trees, underdevelopment Leave a comment
Author: Uday Makokha Keya
Third-year law student, Kabarak University
“African countries are bearing the brunt of the climate crisis and for this reason, we believe it is time we have a conversation on carbon tax.[1]”
This echo’s president William Ruto’s speech on climate change sometime last year. Following this speech Kenya introduced tax on machines and motor vehicles based on the engine capacity of the vehicle,[2] and additional charges commodities that have a negative impact on the environment.[3]
The imposition of the eco levy has the potential to result in a low rate of development in the country as it will decrease the rate of industrialisation, since many industries use heavy machinery. This is also evident by the increased tread towards automation and robotics even by service industries.[4] Consequently, enacting these laws, could limit the use of machines that have a negative impact on the environment and may lead to underdevelopment as most investors may be discouraged from investing in industries in the country.
The Deadly Intersection of Climate Change and Insecurity Hits Women and Girls the Hardest
Posted: 9 October, 2024 Filed under: Mary Izobo | Tags: Africa, climate change, climate-related disasters, climate-smart agriculture, conflict, conflict-affected regions, displacement, droughts, eco-tourism, economic opportunities, economic vulnerability, education, gender inequalities, girls, healthcare, Horn of Africa, increased hunger, insecurity, natural resources, political stability, poverty, renewable energy, resources, socioeconomic equality, violence, women, Women and Girls Leave a comment
Author: Mary Izobo
International Human Rights Lawyer, Gender Equality Advocate and Governance Expert
Introduction
In today’s world, climate change is no longer just an environmental issue. It is a catalyst for conflict and insecurity. What is often overlooked is how this toxic mix impacts women and girls the hardest, especially in fragile and conflict-affected regions. When water sources dry up, droughts wipe out crops, and the land becomes infertile, competition for dwindling resources becomes violent. Women-led and gender-sensitive climate action in Africa is key to sustainable peace, political stability and greater socioeconomic equality.
From the Sahel to the Horn of Africa to Southern Africa, climate change fuels conflicts over natural resources like land, food and water, turning communities and countries against each other. In all of this chaos, women and girls bear the brunt. The effects of climate change and insecurity exacerbate existing gender inequalities, especially in countries facing economic and social inequalities, political instability and resource scarcity.
The Impact of Digitisation of Asylum Seeker Systems in South Africa: Challenges and Opportunities
Posted: 4 October, 2024 Filed under: Zekhethelo Cele | Tags: access to smartphones, anguage barriers, anti-migrant sentiments, asylum seeker, asylum seeker management system, Asylum Seeker Systems, digital illiteracy, online renewal system, Refugee Act, Refugee Visas, South Africa, technological literacy, United Nations High Commissioner for Refugees, user-friendly online application system 2 Comments
Author: Zekhethelo Cele
LLM Candidate, Centre for Human Rights, University of Pretoria
The South African asylum seeker management system has faced intense scrutiny in recent years, grappling with the challenges posed by an overwhelming number of applications. The Department of Home Affairs (DHA) has acknowledged its struggle to accommodate the influx, prompting various interventions from the international community, including the United Nations High Commissioner for Refugees (UNHCR), aimed at alleviating this crisis.
In the wake of the COVID-19 pandemic, Refugee Reception Offices (RROs) were slow to reopen fully, leading to the introduction of an online application process. Initially, this system was designed to assist those already holding Temporary Asylum Seeker or Recognised Refugee Visas. However, it quickly became apparent that this shift created significant barriers for many in the refugee community. A substantial portion of visa holders lacked access to smartphones or the technological literacy required to navigate the online renewal system, leaving them vulnerable and frustrated.
Criminalisation of homelessness and poverty by Zimbabwe’s Vagrancy Act Unconstitutional and against the African Charter
Posted: 2 October, 2024 Filed under: Namatirayi Ngwasha, Zororai Nkomo | Tags: AfCHPR, African Court on Human and Peoples’ Rights, Constitution of Zimbabwe, criminal justice system, Criminalisation, criminalisation of poverty, freedom fighters, homeless, homelessness, human rights, inequality, inhumane and degrading treatment, injustice, poverty, racism, slavery, unjust laws, vagabonds, vagrancy laws, Zimbabwe, Zimbabwe’s Vagrancy Act Leave a comment
Author: Zororai Nkomo
Centre for Human Rights, University of Pretoria
In the mid-1960s, Zimbabwe prosecuted a protracted liberation struggle officially dislodging the colonial government of Ian Smith in 1980. One of the liberation struggle’s philosophical underpinnings was to do away with unjust laws and all forms of segregation, inequality, injustice, and freedom of blacks.
Despite all the invaluable efforts by freedom fighters, Zimbabwe is among countries in Africa that are administering an archaic, draconian, and segregative colonial piece of legislation – the administration of vagrancy laws in the criminal justice system- the Vagrancy Act Chapter 10:25.
Narratives of Belonging: The Case of Chidimma Vanessa Adetshina
Posted: 30 September, 2024 Filed under: Namatirayi Ngwasha, Zekhethelo Cele | Tags: Aliens Control Act of 1973, belonging, birth country, Chidimma Vanessa Adetshina, cultural authenticity, debate on identity, Department of Home Affairs, dual heritage, dual identities, heritage, human rights, identity fraud, Immigration Act in 2002, immigration laws, immigration policies, Miss South Africa pageant, national identity, nationality, race, second-generation migrants, social exclusion, socio-economic challenges, The South African Citizenship Act of 1995, tribal affiliations, xenophobic violence 6 CommentsAuthor: Zekhethelo Cele
LLM Candidate, Centre for Human Rights, University of Pretoria
Chidimma Vanessa Adetshina’s nationality has sparked a significant debate on identity, belonging, and representation between South Africa and Nigeria. Allegedly born in South Africa to a Nigerian father and a Mozambican mother, Chidimma’s story resonates with many second-generation migrants who grapple with dual identities and the challenges of being fully accepted in their birth country while maintaining a connection to their heritage.
Recently crowned Miss Universe Nigeria 2024, Chidimma’s journey has been marked by both triumph and controversy. Her participation in the Miss South Africa pageant faced backlash, with some South Africans questioning her nationality and prompting an investigation by the Department of Home Affairs. The Department suggested that Chidimma’s parents might have obtained South African citizenship fraudulently, with her mother allegedly using an identity number assigned to a South African woman. This led to Chidimma’s withdrawal from the Miss South Africa pageant and set the stage for her subsequent victory in Nigeria.
Redefining criminal defamation laws in South Sudan for enhanced press freedom: Lessons from Konaté v. Burkina Faso
Posted: 27 September, 2024 Filed under: Mayen Mangok Ruop, Namatirayi Ngwasha | Tags: article 19 of the International Covenant on Civil and Political Rights, article 66(2)(c) of the Treaty of the Economic Community of West African States (ECOWAS), article 9 of the African Charter on Human and Peoples’ Rights, civil remedies, criminal defamation, criminal defamation laws, criminal penalties, cybercrime, defamation laws, disinformation, freedom of expression, hate speech, international human rights standards, Konaté case, Lohé Issa Konaté, media freedom, misinformation, press freedom, South Sudan Leave a comment
Author: Mayen Mangok Ruop
LLM Candidate, Centre for Human Rights, University of Pretoria
Introduction
Despite a global shift toward decriminalisation, 160 countries still maintain criminal defamation laws. These laws are often justified as targeting disinformation, misinformation, cybercrime, or hate speech. However, they frequently include vague language or impose disproportionate punishments, which can negatively impact media freedom and pose a broader threat to freedom of expression. While a few African countries have adopted the decriminalisation regimes, many countries still maintain strict defamation laws. In South Sudan, criminal defamation is frequently used for stifling journalists and restricting press freedom, thereby obstructing the nation’s democratisation efforts.
20 years later, will Joseph Kony’s victims get justice?
Posted: 25 September, 2024 Filed under: Michael Aboneka | Tags: 70 girls, abduction, Amnesty Amendment Act, crimes against humanity, hunt for Kony, internally displaced persons camps, Joseph Kony, Lord’s Resistance Army (LRA), LRA, Lwala Girls School, murder, rape, Rome Statute, Rome Statute of the International Criminal Court, sexual enslavement, Uganda, Ugandan leader, war crimes, witness protection law Leave a comment
Author: Michael Aboneka
LLM Candidate, Centre for Human Rights
Joseph Kony is a Ugandan leader of the Lord’s Resistance Army (LRA). The LRA started its operations from Northern Uganda extending to some parts of Sudan, the Democratic Republic of Congo and the Central African Republic. He claims to be fighting to liberate the Acholi and Ugandans from oppression and captivity.
He has both individual and command responsibility under articles 25 and 28 of the Rome Statute of the International Criminal Court (Rome Statute). Kony founded the LRA as its supreme leader and commander with effective control over it. He ordered his commanders to attack Lwala Girls School and abducted 70 girls in 2003, and attacked Pajule, Abok, Lukodi internally displaced persons camps among others. He was indicted with 21 counts of war crimes including murder, inducing rapes among others and 12 counts of crimes against humanity including acts of inflicting serious bodily injury and suffering, rape, sexual enslavement, abduction and enlisting over 30,000 children.
Agency and vulnerability in the intersection of abortion law and refugee experience in Kenya
Posted: 23 September, 2024 Filed under: Pawi Fortune | Tags: abortion, abuse, Africa, Dadaab, defilement, displaced persons, Federation of Women Lawyers (Fida – Kenya) & 3 others v Attorney General & 2 others, forced prostitution, foreign domination, gang rape, health care services, healthcare services, Kakuma, Kenya, maternal deaths, mental health, Ministry of Health Guidelines on the Management of Sexual Violence in Kenya, physical trauma, rape, refugees, safe abortion services, Sexual Offences Act, sexual violence, state of unrest, unintended pregnancies, unsafe abortions, unwanted pregnancy Leave a comment
Author: Pawi Fortune
Kabarak University Law School
The number of refugees in Africa has been on the rise[1] with many people being morphed into refugee status by various reasons such as a state of unrest, foreign domination and internal/external aggression.[2] In pursuit of safer grounds, ‘aspirant refugees’ flee to other countries hoping for better conditions than that from which they fled. However, even in countries of asylum, displaced persons face a precarious existence devoid of guaranteed safety or survival. Dadaab and Kakuma, critical refugee sanctuaries in Kenya, shelter a diverse population of refugees fleeing instability in countries such as Somalia, the Democratic Republic of the Congo and South Sudan.[3] Nonetheless, mistakenly believing this new land to be a haven, refugees are subjected to unimaginable sexual violence, a cruel irony that erodes their dignity and sense of self to a degree that renders their prior persecution almost preferable. This paper aims serve as a lamentation, a call for help reflecting the pain of survivors of sexual violence in refugee camps who have succumbed to the dangerous consequences of unsafe abortions or lack of it due to inaccessibility of the appropriate health care services.
AfricLaw 