Unconditional Amnesty for Boko Haram Violates African Human Rights Law
Posted: 12 July, 2024 Filed under: Oluwatosin Senami Adegun, Yeabsira Teferi | Tags: African Human Rights Law, Amnesty International Report of 2015, ‘de-radicalisation, Boko Haram, child soldiers, disproportionate attacks, forced marriage, International Humanitarian Law, Nigeria, Politically Motivated Crimes, rape, rehabilitation and reintegration’ programme, sexual slavery, sexual violence, terrorist group, unconditional amnesty, violations of human rights Leave a comment
Author: Oluwatosin Senami Adegun
Master’s student, LLM Human Rights and Democratisation in Africa, Centre for Human Rights, University of Pretoria.
Boko Haram has attacked the north-east of Nigeria for 15 years killing over 350 000 persons, abducted about 276 Chibok girls, perpetuated rape, sexual slavery and other forms of sexual violence, forced marriage, recruitment of child soldiers and disproportionate attacks on civilians which constitute violations of human rights and international humanitarian law as affirmed by the Amnesty International Report of 2015.
Despite these gross violations and the victims’ yearning for justice, the Federal Government of Nigeria (Nigeria) granted unconditional amnesty to some members of the terrorist group through its ‘de-radicalisation, rehabilitation and reintegration’ programme without due consideration given to victims whose views and concerns were never considered.
The impact of trade-based money laundering on economic growth & development
Posted: 10 July, 2024 Filed under: Nasubila Ng’ambi, Yeabsira Teferi | Tags: AfCFTA, Africa, African Continental Free Trade Area, cultural development, economic development, Global Financial Integrity, illicit financial flows, right to economic development, Sustainable Development Goals, TBML, trade based money laundering Leave a comment
Author: Nasubila Ng’ambi
LLB (cum laude) Nelson Mandela University
Introduction
The African Continental Free Trade Area (AfCFTA) is the African Union’s flagship regional economic integration project.[1] The AfCFTA aspires to lift 30 million people out of extreme poverty and to increase Africa’s income by $450 billion by 2035.[2] These goals are set to give effect to both Agenda 2063 and the UN’s sustainable development goals (SDGS).[3] However, these audacious goals are not without challenge as there are numerous risks associated with free trade areas (FTA) such as trade based money laundering (TBML). This article seeks to explore the implications of TBML on economic growth and development. Further, the article will highlight the need for an effective framework to ensure that TBML is mitigated.
Analysing Ethiopia’s Adherence with the Guidelines on Access to Information and Elections in Africa: A Spotlight on the 2021 National Election
Posted: 8 July, 2024 Filed under: Reda Benkhadra, Yeabsira Teferi | Tags: Access to Information, African Charter on Human and People’s Rights, African Commission, democracy, elections, electoral boundaries, Electoral Proclamation, Ethiopia, Guidelines on Access to Information and Elections in Africa, June 2021 national elections, National Electoral Board of Ethiopia, NEBE Leave a comment
Author: Yeabsira Teferi
Lecturer of law, School of Law, Dilla University, Ethiopia
Introduction
A fundamental element of democracy is the freedom to choose political leaders through elections. As envisaged under Article 13 of the African Charter on Human and People’s Rights (the African Charter), for elections to be free, fair and credible, the electorate must have access to information at all stages of the electoral process.
The Special Rapporteur on Freedom of Expression, a special mechanism established by the African Commission, with the specific mandate of monitoring member states’ compliance with article 9 of the African Charter adopted the Guidelines on Access to Information and Elections in Africa (hereinafter, the Guidelines), in 2017.[i] The Guidelines provide directions on access to information in the electoral process as a means of strengthening democratic governance in Africa and specifically incorporates the principle of proactive disclosure of information. The principle of proactive disclosure requires that those who hold information of public interest must routinely provide such information to the public even without being requested to do so.
A Decade of Constitutionalised Right to Access Information in Morocco: Reflections on the Progress and Challenges
Posted: 3 July, 2024 Filed under: Reda Benkhadra | Tags: biennial anti-corruption plan, chafafiya.ma, Commission for the Right to Access Information, constitutionalisation, ight to access information, International Covenant on Civil and Political Rights, legislative framework, Model Law, Morocco, politico-militant sphere, Press and Publishing Law, Protection of Personal Data, right to access administrative records, right to information 1 Comment
Author: Reda Benkhadra
Researcher
Originally limited and considered as a right to access administrative records, the right to information has evolved over time to become a key element in strengthening good governance and institutional transparency. By endorsing foundational texts such as Article 19 of the International Covenant on Civil and Political Rights and Article 10 of the United Nations Convention against Corruption (UNCAC), member states have committed to advancing the recognition of this right. In fact, the UNCAC calls upon state parties to take appropriate measures in accordance with their domestic laws to ensure the right to information and facilitate its access.
Beyond Crisis: The State of Access to Information and the Internet for Rural Dwellers in South Africa
Posted: 1 July, 2024 Filed under: Ompha Tshamano | Tags: Access to Information, access to socio-economic rights, apartheid, ATI, digital communication, digital divide, digital technology, fundamental human rights, ICT, internet, post-apartheid, real-time information, right to access information, right to information, rural communities, social media, socio-economic underdevelopment, South Africa 7 Comments
Author: Ompha Tshamano
Project Associate, Centre for Human Rights, University of Pretoria
1 Overview
South Africa has a long history of socio-economic underdevelopment, largely resulting from the sustained effects of apartheid. Despite the end of apartheid, the position of rural communities in South Africa remains precarious, with limited access to resources and infrastructure. The creation of Bantustans during apartheid further exacerbated economic disparities amongst different racial groups, leading to poverty, inequality, and unemployment. Slow technological adoption and development in South African rural areas also contribute to limited access to information and restricted opportunities. This situation has resulted in the maintenance of the status quo, with socio-economic underdevelopment and inequality continuing to be major challenges in post-apartheid South Africa. In this context, this article seeks to critically examine the state of access to information for rural dwellers in South Africa and the initiatives being taken to improve this situation.
Addressing Challenges in Information Access: Navigating State-Imposed Internet Shutdowns in Africa
Posted: 28 June, 2024 Filed under: Muhammed Bello Buhari | Tags: Access to Information, ATI, civic engagement, digital communication, digital technology, freedom of expression, fundamental human rights, ICT, information and communication technologies, information dissemination, internet, real-time information, right to access information, right to information, social media, state-imposed internet shutdowns, transparency Leave a comment
Author: Muhammed Bello Buhari
Digital rights activist
In Africa’s dynamic digital landscape, technology has emerged as a double-edged sword, promising to revolutionise access to information while simultaneously presenting unprecedented challenges, notably through state-imposed internet shutdowns. The delicate interplay between technology, information access, and the persistent disruptions, particularly the alarming rise of state-imposed internet shutdowns, has become a defining narrative in the continent’s quest for equitable information dissemination. This article focuses on exploring the many-sided relationship between technology and access to information, specifically addressing the intricate challenges posed by state-imposed internet shutdowns.
Pay or be denied: The impact of fees and charges on journalists’ perception of the effectiveness of Ghana’s Right to Information Law
Posted: 26 June, 2024 Filed under: Kwaku Krobea Asante | Tags: Access to Information, accountability, ATI, corruption, economic mismanagement, fundamental human rights, Ghana, Ghana’s Right to Information Commission, journalists, lack of accountability, military coups, Model Law of Access to Information for Africa, restriction to information access, right to access information, transparency Leave a comment
Author: Kwaku Krobea Asante
Senior Programme Officer, Media Foundation for West Africa (MFWA)
Introduction
There has been a global upsurge in the demand for transparency, accountability and the establishment of norms in favour of democracy [1]. These norms include the passage of universal Access to Information (ATI) laws and the respect for the right to access information across the world[2].
In Africa, the adoption of the Model Law of Access to Information for Africa in 2013 was a response to emerging questions about widening inequality, widespread poverty, corruption and lack of accountability in public office. Indeed, the model law is consistent with other relevant laws including the African Charter on Human and Peoples’ Rights (the African Charter).
Implementation of the access to information law in Nigeria
Posted: 24 June, 2024 Filed under: Jacob O Arowosegbe | Tags: Access to Information Act, activism, civil society organisations, compromising democratic stability, freedom of expression, Freedom of Information Act, military regimes, nationwide protests, NFOIA, Nigeria, Nigerian 1999 Constitution, restrict access, right of access to information, rule of law, sanctions, system of security Leave a comment
Author: Jacob O Arowosegbe
Solicitor and advocate of the Supreme Court of Nigeria
Introduction
Implicit in the guarantee for freedom of expression under section 39(1) of the Nigerian 1999 Constitution[1] is the right to receive and disseminate information and since this right is meaningless without a corresponding right to freedom of access to information, the latter is by implication granted. The right is, however, superseded by the constitutional recognition of the right of the government to restrict access to certain information confidentially received or which it considers prejudicial to public security, order, health, and morality.[2] An example of a law enacted to restrict access to government-held information is the Official Secrets Act, 1962.[3] Under the Act, virtually any information only needs to be placed under a system of security classification currently in use to deny members of the public access to it.[4] Public officials are in fact routinely required to keep sealed lips concerning the conduct of government business.
Proactive disclosure of information post the 2013 Model Law on Access to Information: Assessing the compliance of the Zimbabwe Electoral Commission with the Guidelines on Access to Information and Elections in Africa and the Declaration on Principles of Freedom of Expression in the 2023 harmonised elections.
Posted: 21 June, 2024 Filed under: Idirashe Amanda Chikomba | Tags: Access to Information, African Charter on Human and Peoples Rights, Constitution of Zimbabwe, Cyber and Data Protection Act, Declaration on Principles on Freedom of Expression, Electoral Management Bodies, Guidelines on Access to Information in Africa, International Covenant on Civil and Political Rights, Model Law on Access to Information, national security, Presidential Proclamation, public accountability, right to access information, transparency, ZEC, Zimbabwe, Zimbabwe Electoral Commission Leave a comment
Author: Idirashe Amanda Chikomba
Human rights lawyer
Introduction
Regional and international instruments guarantee the right to access information. Article 9 of the African Charter on Human and Peoples Rights (African Charter) and Article 19 of the International Covenant on Civil and Political Rights (ICCPR) provide for the right to access and receive information. Both treaties have been ratified by Zimbabwe. Section 62 of the Constitution of Zimbabwe, 2013 (the Constitution) also guarantees the right to access information. The provision enunciates access to information to every Zimbabwean citizen or permanent resident, including juristic persons and the media. The duty bearers are outlined as any institution or government agency for purposes of public accountability.
AfricLaw 
Repressive Laws Silencing Dissidents, Deviants and Destabilisers in Uganda
Posted: 5 July, 2024 | Author: AfricLaw | Filed under: Contributors, Stella Nyanzi | Tags: Access to Information, Anti-Homosexuality Act (2023), Anti-Pornography Act, Computer Misuse (Amendment) Act, detained without trial, digital rights, Excise Duty (Amendment) Act, free expression, freedom of expression, General Comment 34, human rights, International Covenant on Civil and Political Rights (ICCPR), internet democracy without disruptions, Model Law on Access to Information, Musiri David, President Yoweri Museveni, public information, public media, restrictive laws, social media, Social Media Tax Law, state repression, Uganda, Uganda Human Rights Commission, Universal Declaration of Human Rights | 1 CommentWriters-in-Exile program, PEN Zentrum Deutschland
Fellow, Center for Ethical Writing, Bard College/ PEN America.
Summary
In Uganda, there is an incongruence between the legal regime governing access to information and freedom of expression on one hand, and a barrage of restrictive laws on the other. Although a decade has passed since the African Commission on Human and People’s Rights adopted the Model Law on Access to Information for Africa, growing state repression in Uganda generated laws aimed at silencing, denying access to information, criminalising and penalising government dissidents, deviants or minorities whose behaviours departed from societal norms, and destabilisers suspected of subverting the entrenchment of President Yoweri Museveni’s 37-year-old regime. I triangulate autoethnography with public media content analysis and law review to explore this incongruence within the right of access to information and free expression in Uganda.
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