Zambia’s “deportation” of Zimbabwean opposition leader Tendai Biti: is someone to blame?

Author: Cristiano d’Orsi
Research Fellow and Lecturer at the South African Research Chair in International Law (SARCIL), University of Johannesburg

Zimbabwean opposition figure Tendai Biti was on Thursday August 9 2018 charged with inciting public violence and declaring unofficial election results[1] as fears grew about a government crackdown following the disputed July 30 election.[2] The court appearance followed dramatic events in which Biti fled to Zambia, was denied asylum and was handed over to Zimbabwean security forces in defiance of a Zambian court order.[3] UNHCR quickly expressed concern.[4] A joint statement by the heads of missions in Zimbabwe of the European Union, the United States, Canada and Australia urgently called on Zimbabwean authorities to guarantee Biti’s safety and respect his rights.[5]

Read the rest of this entry »

Advertisements

The right to health for refugees in South Africa: Concrete reality or wishful thinking?

Author: Cristiano d’Orsi
Research Fellow and Lecturer at the South African Research Chair in International Law (SARCIL), University of Johannesburg

Scope of the study: How the ‘right to health’ is intended in this work

South Africa (SA) is one of the largest economies in Africa. Since December 2010 the country is a member of the informal association of five major emerging world economies (BRICS) and the only African country to be a member of the G20, the major international forum for economic cooperation and policymaking.

At the end of 2016, SA was reported to be hosting 91,043 refugees.

Although SA has ratified a good number of human rights legal instruments since the end of apartheid, in 1994, , the actual implementation of the rights enshrined in some of them still remain problematic. One such right is the  right of refugees to have access to adequate healthcare in the country.

This situation occurs also because access healthcare services in SA, as with many other fundamental rights in the republic, has historically been biased in terms of a number of arbitrary grounds (p. 55).

Read the rest of this entry »


The unclear relation between Angola and its Muslim citizens and migrants: Is Angola discriminating against them?

Author: Cristiano d’Orsi
Research Fellow and Lecturer at the South African Research Chair in International Law (SARCIL), University of Johannesburg

 Angola is a country where the traditional Islamic relation between Muhajirun (‘immigrants’) and Ansar (‘helpers’: locals)[1] seems not to find a fertile ground. Islam in Angola represents a minority religion, with an estimate number of proselytes amounting to approximately 1%[2] of the entire population.[3] These are mostly Sunnis who arrived in Angola from West Africa,[4] Somalia[5] and from families of Lebanese descent[6] following the end of the Angolan Civil War in 2002.

Historically, as many of these immigrants entered Angola illegally, which created the misperception of associating Islam with illegal immigration and crime (almost predominantly counterfeiting of money and money laundering), although barely any evidence of this has been proved.[7] This was affirmed by the UN Special Rapporteur on Freedom of Religion or Belief on her visit to the country in 2007.[8]

Read the rest of this entry »


The idea of an African passport and the freedom of movement of persons in the continent: Only wishful thinking?

cristiano_dorsiAuthor: Cristiano d’Orsi
Post-Doctoral Researcher and Lecturer, Centre for Human Rights, Faculty of Law, University of Pretoria (South Africa)

“Hail! United States of Africa-free!
Hail! Motherland most bright, divinely fair!
State in perfect sisterhood united,
Born of truth; mighty thou shalt ever be.”

This is the incipit of the poem Hail, United States of Africa, composed in 1924 by M.M. Garvey, a famous Pan-Africanist leader.

This poem is considered to have initiated the concept of United States of Africa (USAf), a federation, extensible to all the fifty-four sovereign states, on the African continent.

In 2002, at the launch of the African Union (AU), President T. Mbeki, its first chairman, proclaimed that: “By forming the Union, the peoples of our continent have made the unequivocal statement that Africa must unite! We as Africans have a common and a shared destiny!”[1]

After that occasion, the concept of USAf has been highlighted in a more concrete way by other African leaders, such as A.O. Konaré in 2006,[2] M. Gaddafi in 2009 –the first to mention the possibility to issue a unique passport for the entire continent-[3] and, more recently, by R. Mugabe.[4]

Read the rest of this entry »