Same-Sex Marriage Prohibition Bill in Nigeria – Any human rights implications?
Posted: 11 June, 2013 Filed under: Azubike Onuora-Oguno | Tags: African Charter on Human and Peoples' Rights, anti-discrimination, civil union, dignity, equality, freedom of association and assembly, homosexuality, human rights, Nigeria, right to privacy, same-sex marriage, Same-Sex Marriage Prohibition Bill 10 Comments
Author: Azubike Onuora-Oguno
LLD candidate, Centre for Human Rights, University of Pretoria
A same-sex union is known to be a sexual relationship between people of the same sex; namely, between two or more males or two or more females. This relationship often described as unnatural and amongst the Christian and Islamic faiths in Nigeria is general not accepted. Without any intentions of making an ideological or philosophical argument on the issue of the morality of this kind of relationship, I would like to explore the human rights implications of passing of the Same-Sex Marriage Prohibition Bill in Nigeria on 31 May 2013.
The new Bill refutes any benefits that may accrue to a marriage and restates that such a marriage will not be recognised, even when contracted outside Nigeria. It further outlaws the gathering of people of the same-sex and provides in very wide terms “directly or indirectly” liability for any person or group that is involved in a same sex relationship. It further stipulates a minimum period of 10 years imprisonment for direct or indirect involvement in issues concerning the rights of people of the same-sex. In enacting the Bill, the House of Assembly of Nigeria propose a $40million internet monitoring project to clamp down on people involved in same-sex unions.
Strengthening children’s rights in Africa: Some lessons from the new Children’s Act of Angola
Posted: 4 June, 2013 Filed under: Aquinaldo Mandlate | Tags: Africa, African Charter on the Rights and Welfare of the Child (ACRWC), Angola, basic education, children, children's rights, Convention on the Rights of the Child (CRC), culture, food, juvenile justice, life expectancy, literacy, Mozambique, nutrition, socio-economic rights, sports, violence against children 2 Comments
Author: Aquinaldo Mandlate
LLD (UWC), LLM (UP) Licenciatura em Direito (UCM)
On 22 August 2012, Angola enacted a new Children’s Act, adding to the number of African countries (including South Africa, Malawi, Mozambique, Tanzania, Kenya, Uganda, Lesotho, and many others) which reviewed their legislation focusing on children’s rights. Angolan law, like many other recent African legislation on children, is comprehensive and detailed in multiple aspects of children’s rights. Some of its features are common in other similar instruments in the region. For instance, it protects children’s civil and political rights and their socio-economic rights. The right to life, the right to health and the right to basic education, amongst others are protected. In addition, the law entrenches the four principles forming the core of international and regional treaties dealing with children’s rights (the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) included), including the principles of non-discrimination (Article 2 of the CRC and Article 3 of the ACRWC), best interest of the child (Article 3 of the CRC and Article 4 of the ACRWC), the right to life survival and development (Article of the 6 CRC and Article 5 of the ACRWC), and the right of the child to participate (Article 12 CRC and Article 7 of the ACRWC). These principles are also part and parcel of other modern African child legislation.
A detailed account of the similarities between the Angolan Children’s Act and other instruments falls beyond the objectives of this contribution. However, I would like to highlight some of the major contributions (amongst others not discussed here) as a result of the Act, in efforts to advance children’s rights.
A call to shift the seat: The Gambia is not a suitable seat for the African Commission on Human and Peoples’ Rights
Posted: 27 May, 2013 Filed under: Frans Viljoen | Tags: African Charter, African Charter on Human and Peoples' Rights, African Commission on Human and Peoples’ Rights, African Union, Banjul Charter, ECOWAS, human rights, Organisation of African Unity, President Jammeh, The Gambia 6 Comments
Author: Frans Viljoen
Director, Centre for Human Rights, University of Pretoria; Professor of Human Rights Law
In 1986, the African Charter on Human and Peoples’ Rights (African Charter) entered into force. Under the African Charter, the African Commission on Human and Peoples’ Rights (African Commission) is established to monitor state compliance with the Charter. The Assembly of Heads of State and Government of the Organization of African Unity (OAU) in 1987 decided that the Commission’s Secretariat should be based in Banjul, The Gambia. It has been located in Banjul ever since.
The initial rationale for the choice of seat has since fallen away
At the time this decision was taken, the choice of Banjul made much sense. Much of the drafting of the African Charter took place in Banjul, to the extent that the African Charter is often referred to as the ‘Banjul Charter’. In fact, The Gambia was one of the few states in Africa that, at the time, had any claim to democratic credentials. The head of state at the time, President Jawara, strongly supported the drafting process of the Charter, and assisted in overcoming political difficulties that arose in the drafting process.
However, this situation has changed dramatically. Since Jawara’s removal from power through a coup d’état in 1994, The Gambia has lost its claim to democratic legitimacy. The 1994 coup leader and current President, Jammeh, has now been in power for almost 20 years. While elections have subsequently been held, they are widely regarded as not meeting the standard of “free and fair”. In 2011, the Economic Community of West African States (ECOWAS) decided not to send an electoral observer mission to The Gambia for the presidential election because the political environment was not conducive to free and fair elections (http://thinkafricapress.com/gambia/jammeh-win-extend-rule). The Gambia is now generally regarded as the “odd country out”, in an ever-democratising Africa, and counts among the most undemocratic and authoritarian states on the continent.
At the first session after the unconstitutional change of government had taken place, the Commission adopted a resolution condemning the coup as a “flagrant and grave violation of the right of The Gambian people to freely choose their government”, and called on the military government to observe international human rights standards (Resolution on The Gambia, adopted at the Commission’s 17th session, 22 March 1995, Eighth Annual Activity Report, Annex VIII). However, short of finding a violation of the Charter in a communication submitted by the Former President Jawara (communications 147/95, 149/95 (joined), Jawara v The Gambia (2000)), the Commission seemed initially to have settled comfortably into life under the new regime.
The politics of the Ethiopian Justice Sector Reform Program: Justice “reform” or “deform”?
Posted: 21 May, 2013 Filed under: Henok G. Gabisa | Tags: development, Ethiopia, freedom, human rights, human rights violations, judges, judicial independence, judicial reform, Judicial Reform Program, judiciary, justice, Justice System Reform Program, law, legislative, rule of law, supremacy 5 Comments
Author: Henok G. Gabisa
International Law Fellow, Washington and Lee School of Law, VA, USA
The African post-colonial period marked a new paradigm of triangular discourse amongst law, justice and development in the international playground. The intellectual metamorphoses of this discourse quickly gained momentum in the mid-60s and was patented the “Movement of Law and Development”. Highly alluring to professors and intellectuals from American law schools, this intellectual movement regarded “law” as an instrument to reform the society and ‘lawyers and judges” as social engineers. With this movement, the narrative was that law is central to the development processes. Then in the early 90s, the movement gave birth to the idea of the “Justice System Reform Program”, also referred to as the “Judicial Reform Program”. The emergence of this idea immediately became a serious agenda in the strategic themes of international financial institutions and bilateral states cooperation structures under the wrestling juxtaposition of “rule of law” and “poverty eradication”. The geographical focus of this idea was only limited to the developing nations of Africa, Asia, Eastern Europe and some Latin American countries.
There are two main rationales behind the theoretical innovation of ‘judicial reform’: a well-established and effective justice system is not only robust enough to confront corruption and violation of rights (with the assumption that courts as custodies of human rights), it can also be relied on to protect the property rights of foreign investors (the concept of development has always been viewed as capitals flowing from north to south-until very recently that the newly rising economies of BRICS- an acronym for the multi-dimensional partnership between Brazil, Russia, Indian, China and South Africa- proved otherwise that capital can also flow from south to south). The ambition of reforming judiciaries in developing countries beseeches building the practical meaning of judicial independence and professional competence that can help build an unwavering system of justice delivery. However, this initiative seems to have totally been lost in translation and taken advantage of for political purposes by the Ethiopian government.
The State’s ineptitude or indisposition to deal with Eastern Cape education is a continuous violation of children’s rights
Posted: 16 May, 2013 Filed under: Akho Ntanjana | Tags: ACERWC, children's rights, constitution, Constitutional Court, CRC, Eastern Cape, education, empowerment, human rights, ICESRC, Kenya, Nubian children, President Zuma, right to education, schools, Section 100, Section 26, South Africa, UNICEF, United Nations, women 1 Comment
Author: Akho Ntanjana
Legal intern, Institute for Human Rights and Development in Africa (IHRDA), Banjul, The Gambia
Without citing any empirical evidence, it is known that the quality of school facilities has an indirect effect on learning and ultimately on its output. For instance, in a study carried out in India (1996), out of 59 schools in a region, only 49 had structures. Of these 49 schools, 25 had a toilet, 20 had electricity, 10 had a school library and four had a television set. In this study, the quality of the learning environment was strongly correlated with pupils’ achievement in Hindi and mathematics.
Further, a research study was conducted in Latin America that included 50 000 students in grades 3 and 4, it was found that learners whose schools lacked classroom materials and had inadequate libraries were significantly more likely to show lower test scores and higher grade repetition than those whose schools were well equipped (see the United Nations Children’s Fund’s paper ‘Defining Quality Education’). There are many other studies done even in Africa, for example in Botswana, Nigeria and Papua New Guinea, indicating similar outcomes.
There seem to be a correlation between good school infrastructures, other quality dimensions (inter alia the quality of content, psychological aspects, quality processes involved) and the achievement of higher grades by learners. In this opinion piece, I examine the state of education in the Eastern Cape, and the failure by the South Africa government to meet its constitutional and international obligations to provide basic education.
Multinationals and land grabbing in Uganda: A business human rights perspective
Posted: 8 May, 2013 Filed under: Samuel Matsiko | Tags: Committee on World Food Security, Fisheries and Forests, food crisis, food insecurity, Guiding Principles on Business and Human Rights, human rights, International Covenant on Civil and Political Rights, International Fund for Agricultural Development, land grabbing, National Association of Professional Environments, Protect, Respect and Remedy, Uganda, UN Human Rights Council, United Nations, Voluntary Guidelines on the Responsible Governance of Tenure of Land, World Bank 2 Comments
Author: Samuel Matsiko
Lawyer, International Justice Mission, USA
On 11 May 2012 the Committee on World Food Security endorsed the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security to promote secure tenure rights and equitable access to land. These Guidelines offer a framework through which multinational investors may acquire and manage land without affecting the rights of local communities. However, this remains on paper while in practice the narrative is different.
In Uganda, land grabbing involves large scale land acquisitions by multinational and domestic investors either through buying or leasing large pieces of land. A study by the National Association of Professional Environments indicates that communities in the oil rich region of Bulisa in western Uganda, Kalangala Island in the Lake Victoria region, Mabira forest in the central region, and Luwunga forest reserve in Kiboga district have been affected or are yet to be affected by the land grabbing phenomenon.
Right to food: A ‘black and white’ choice?
Posted: 25 April, 2013 Filed under: Bereket Kefyalew | Tags: ACHPR, Africa, African Commission, CEDAW, civil society, Committee on Elimination of Discrimination Against Women (CEDAW), CRC, democracy, Ethiopia, food security, human rights, ICCPR, ICESCR, NGOs, right to food, UDHR 3 Comments
Author: Bereket Kefyalew
Freelancer based in Copenhagen, Denmark
The Ethiopian government often associates its developmental ideology with the East Asian model, while at the same time defining itself as a progressive democratic government. Paradoxically, the government defends itself from prodemocracy critics by arguing that food security comes first, then slowly comes democracy. Within this context, I analyse the right to food as a legal concept and how it can be used as a means to achieve food security in Ethiopia.
Ethiopia has ratified and adopted the main instruments establishing the right to food such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the Covenant on the Rights of the Child; the Convention on the Elimination of All forms of Discrimination Against Women; and the African Charter on Peoples’ Rights. Ethiopia is also bound by international humanitarian law, having ratified the Geneva Convention of 1999 and the Additional Protocols thereto of 1977.
The Death Penalty and the Right to Life in the Draft Constitutions of Zambia and Zimbabwe
Posted: 18 April, 2013 Filed under: Andrew Novak | Tags: burden of proof, constitution, death penalty, extenuating circumstances, India, right to life, South Africa, United States of America, Zambia, Zimbabwe Leave a comment
Author: Andrew Novak
Adjunct Professor of African Law, American University Washington College of Law and incoming Adjunct Professor of Criminology, Law, and Society, George Mason University
On 16 March 2013, Zimbabwean voters overwhelmingly ratified a new constitution, which contains a right to life provision that dramatically scaled back the scope of the death penalty. The new constitution restricts the death penalty only to aggravated homicide and requires a judge to consider all mitigating factors in order to dispense a death sentence. The death penalty is a prohibited sentence for women and persons under the age 21 or over the age 70. The new constitution also establishes a constitutional right for prisoners to seek commutation or pardon from the executive. The death penalty was abolished for non-homicide offences, including treason, a notoriously politicised charge in recent years. Newspaper reports indicated that the Cabinet would review the cases of each of the current 72 death row inmates, even though a new hangman was hired in February 2013 after a twelve-year long search. The two women on death row would have their sentences automatically commuted.
Education for all, even for children with disabilities in Kenya
Posted: 5 April, 2013 Filed under: William Aseka | Tags: African Charter on Human and Peoples' Rights, African Charter on the Rights and Welfare of the Child, Children with disabilities, Committee on Economic Social and Cultural Rights, Constitution of Kenya, Convention on Rights of People with Disabilities, education, human rights, international human rights, Kenya, United Nation Convention on the Rights of the Child, Universal Declaration of Human Rights 4 Comments
Author: William Aseka
Program Assistant (Human Rights Advocacy for Children with Disabilities), Governance Consulting
There is no outright definition of what education means, however commentators such as Milter has defined it as, an act, process or experience that systematically promotes learning, knowledge and development. By the same token, writers such as Mialeret have defined education from a much narrower view than the above stated, to mean formal instruction of knowledge within recognised and well-structured system of institutions and programmes. This definition by Mialeret is also seen in the 1997 International Standard Classification of Education. Therefore, having known what education means, then the question that comes next is: what is the right to education?
General Comment No. 13 of the Committee on Economic Social and Cultural Right (CESR) defines education as both a human right itself and an indispensable means of realising other human rights. The committee goes further to state that as an empowerment right, education is the primary vehicle by which economically and socially marginalised adults and children can lift themselves out of poverty and obtain the means to participate fully in their communities. These economically and socially marginalised groups include children with disabilities in Kenya and all over the world. This essentially means that children with disabilities are well protected and are entitled to education and it is not a favour that any government would be doing to these groups.
The African Peer Review Mechanism at Ten: From Lofty Goals to Practical Implementation
Posted: 19 March, 2013 Filed under: Adejoké Babington-Ashaye | Tags: African Peer Review Mechanism, African Union, APRM Day, economic integration, good governance, New Partnership for Africa's Development, political stability, sustainable development, World Health Organisation 1 Comment
Author: Adejoké Babington-Ashaye
Counsel at the World Bank Administrative Tribunal
March 2013 marks ten years of one of the most innovative initiatives established under the auspices of the New Partnership for Africa’s Development (NEPAD). Created in 2003, the main objective of the African Peer Review Mechanism (APRM) is to foster the adoption of standard practices for political stability, sustainable development and economic integration through experience sharing between member states. As a voluntary process open to all members of the African Union, the steps of the APRM process include a country self-assessment, a review mission by the APRM Panel of Eminent Persons, a review of the ensuing Panel report by APRM Member States, and a finalized programme of action (NPoA) – the blueprint for development agreed upon by all stakeholders. These NPoAs are critical to identifying development challenges, and laying the foundation for legal and policy changes.
As of January 2013, the APRM boasts a membership of 35 States, with Tunisia and Chad as the newest members. Yet, the APRM has been plagued by financial and logistical challenges, stalled peer reviews and an occasionally negative public perception. In this piece, I highlight how a holistic approach to critiquing the APRM sheds light on some of the positive contributions the mechanism has made to development in Africa, and also illuminates the path for the next ten years.
