Nigeria’s African Charter Act: The Question of the National Assembly’s Exclusive Legislative Competence to Enact for the Nigerian Federation
Posted: 17 February, 2025 Filed under: Oluwatosin Senami Adegun, Yeabsira Teferi | Tags: 1999 Constitution, Abacha v Fawehinmi, African Charter Act, Houses of Assembly, human rights, legislative powers, National Assembly, Nigeria, Nigerian constitutions, peoples’ rights, public institutions, socio-economic rights 1 Comment
Author: Oluwatosin Senami Adegun
Centre for Human Rights, University of Pretoria
Introduction
By section 12(1) of the Constitution of the Federal Republic of Nigeria of 1999 (1999 Constitution), for a treaty to which Nigeria is a party to have the force of law in Nigeria, the National Assembly must enact such treaty into law. This was the same provision under the Constitution of the Federal Republic of Nigeria of 1979 (1979 Constitution) which was the Constitution in force in 1983 when the National Assembly domesticated the African Charter on Human and Peoples’ Rights by enacting the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act of 1983 (African Charter Act). Section 12 of the 1979 Constitution is the same under the 1999 Constitution. For the purpose of this article, more references will be made to the 1979 Constitution being the Constitution in force when the African Charter Act was enacted.
Consequences of Child Marriage on the Girl-Child’s Right to Health in South Sudan
Posted: 2 January, 2025 Filed under: Akot Makur Chuot, Yeabsira Teferi | Tags: African Charter on Human and Peoples’ Rights (African Charter), basic human right, Child Act, child marriage, contraceptives, Convention on the Rights of the Child (CRC), customary courts, gender-based violence, girl-child, girl-child’s right to health, Harmful practices, international human rights law, international instruments, lack of knowledge, legal obligation, Maputo Protocol, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women’s Rights in Africa, right to health, right to life, sexual and reproductive rights, South Sudan, Transitional Constitution of the Republic of South Sudan 3 Comments
Author: Akot Makur Chuot
Assistant Lecturer, School of Law, University of Juba, South Sudan
Introduction
Being born a girl in South Sudan is akin to being ‘born a problem.’ I derived this phrase from the article by Marry Ellsberg and others titled, ‘ If You Are Born a Girl in This Crisis, You Are Born a Problem….’ This sums up the dire situation a girl-child faces in South Sudan. Among the many egregious human rights violations experienced by the girl-child in South Sudan is child marriage. This practice has shattered the dreams and lives of many young girls. The rate at which child marriage is negatively affecting the health of the girl-child is alarming and calls for swift action from stakeholders. This is a moral and legal obligation.
With this context in mind this article examines the negative consequences of child marriage on the girl-child’s right to health, assesses the steps South Sudan has taken to curb the phenomenon, and explores the loopholes in the laws and policies.
Re-establishing the UN Special Committee Against Apartheid, this time in respect of the State of Palestine
Posted: 26 November, 2024 Filed under: Jaymion Hendricks, Yeabsira Teferi | Tags: apartheid, Committee on the Elimination on Racial Discrimination, discriminatory practices, International Convention on the Elimination of Racial Discrimination, International Court of Justice, international law, military checkpoints, Occupied Palestinian Territory, oppression, racial segregation, roadblocks, Rome Statute, Special Committee against Apartheid, State of Israel, this time in respect of the State of Palestine, unlawful Leave a comment
Author: Jaymion Hendricks
Legal Advisor, International Law
In its landmark advisory opinion on 19 July 2024, the International Court of Justice (“ICJ”/ “the Court”) held that the State of Israel’s continued presence in the Occupied Palestinian Territory (OPT) is unlawful under international law. Of particular importance was the Court’s finding that Israel is violating Article 3 of the International Convention on the Elimination of Racial Discrimination (‘CERD’), which holds that “States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction”.
Oil production in South Sudan: A lifeline for the economy or an infringement on children’s right to a safe, clean and healthy environment?
Posted: 22 November, 2024 Filed under: Akot Makur Chuot, Yeabsira Teferi | Tags: accountability, African Charter on Human and Peoples’ Rights, African Charter on the Rights and Welfare of the Child, business enterprises, children’s rights, Constitution of the Republic of South Sudan of 2011, deaths of children, economic interference, effective remedies, environment, environmental assessments, environmental pollution, fairness, human rights, international human rights law, legislation, Ogoni people, Oil production, oil sector, oil-fields, South Sudan, UN Guiding Principles on Business and Human Rights, violations of children’s rights Leave a commentAuthor: Akot Makur Chuot
LLM Candidate, Centre for Human Rights, University of Pretoria
Introduction
Oil-operating companies have been acting carte blanche with absolute impunity in South Sudan without complying with international practices premised on human rights considerations. The human rights violations in Unity and Upper Nile States are a testimony that private businesses in the oil and gas industry are unfettered in South Sudan. As a result, the actions and omissions of oil-operating companies in South Sudan have resulted in violations of children’s rights as will be explored in section 4 of the article. This is attested by the birth of children with deformities, stillbirth and several health concerns. It can be argued that the failure of South Sudan to regulate the business enterprises in the oil sector is a breach of its obligations under international human rights law.
Right to education: A conundrum for children with disabilities in South Sudan
Posted: 8 August, 2024 Filed under: Akot Makur Chuot, Yeabsira Teferi | Tags: African Charter on Human and Peoples’ Rights, Children with disabilities, contribution to the nation, delay of results, excessive heatwaves, fundamental human right, inaccessibility of classrooms, inclusive education, inexperienced teachers, limited education materials, long distances to and from schools, personal development, poor infrastructure, right to education, South Sudan, Transitional Constitution of the Republic of South Sudan of 2011, United Nations Convention on the Rights of the Child, United Nations Sustainable Development Goals Agenda 2030 1 CommentAuthor: Akot Makur Chuot
LLM Candidate, Centre for Human Rights, University of Pretoria
Introduction
As the world steers to inclusive education in line with the United Nations Sustainable Development Goals Agenda 2030, particularly goal 4, which reiterates the right to education for everyone, including children with disabilities, South Sudan lags in meeting this goal. The right to education is a fundamental human right upon which other rights can be achieved. Quality education equips children with the tools, talents, and skills to cope with the challenges they face in life and be responsible global citizens. Although South Sudan is a party to the African Charter on Human and Peoples’ Rights, the United Nations Convention on the Rights of the Child (CRC), and the Convention on the Rights of Persons with Disabilities (CRPD), and have enacted legislations that prohibit discrimination and guarantee all children’s right to education, children with disabilities face significant challenges in achieving the right to education.
Nigeria’s national symbols are sitting on a powder keg: Lessons from Kenya
Posted: 1 August, 2024 Filed under: Oluwatosin Senami Adegun, Yeabsira Teferi | Tags: Arise O Compatriots, Coat of Arms, colonial ‘God save the Queen’, constitutional amendment, country’s identity, fundamental values, gap in the law, legislative functions, military regime, national anthem, National Anthem Act of 2024, National Anthem Bill, national flag, national pledge, national symbols, Nigeria, Nigeria we hail thee, public participation Leave a commentAuthor: Oluwatosin Senami Adegun
LLM candidate, Centre for Human Rights, University of Pretoria
At independence in October 1960, Nigeria adopted ‘Nigeria, we hail thee’ as its national anthem replacing the colonial ‘God save the Queen’, however, the fact that the lyrics and the music of the 1960 anthem were composed by British nationals, Lillian Jean Williams and music by Miss Rances Benda respectively raised questions about the ‘independence’ of the 1960 anthem resulting in controversy over the genuineness or otherwise of the lyrics and other issues. Nevertheless, Nigeria used the anthem from October 1960 to 1978 when it was changed to ‘Arise O Compatriots’ during the military administration of Olusegun Obasanjo. Unlike the 1960 anthem, the lyrics of the 1978 anthem was composed by five Nigerians namely, John Anagboso Ilechukwu, Eme Etim Akpan, Babatunde Ogunnaike, Sota Omoigui and Philips Olusegun Aderibigbe, while its music was composed by Benedict Odiase during his service in the Nigeria Police Force.
The National Security Bill of 2024: A threat to freedom of expression in South Sudan
Posted: 22 July, 2024 Filed under: Akot Makur Chuot, Yeabsira Teferi | Tags: African Charter on Human and Peoples’ Rights, arbitrary arrest, basic human right, Code of Criminal Procedure, democratic transition, fair trial, freedom of expression, freedom to express views freely, international human rights instrument, National Elections Commission, national security, National Security Bill, National Security Services, political consciousness, Public Prosecution Attorney, South Sudan, South Sudan military, warrant of arrest Leave a commentAuthor: Akot Makur Chuot
LLM Candidate, Human Rights and Democratisation in Africa, University of Pretoria
Introduction
On 3 July 2024, the Revitalised National Transitional Legislative Assembly of South Sudan passed the controversial National Security Bill, which among others empowers (sections 54 & 55) the National Security Services to make arrests and detain anyone suspected of having committed an offence against the state without a warrant of arrest. The Bill was controversially passed by a vote of 274 in favour and 114 against, with 3 abstentions. This is in the face of a democratic transition as South Sudan heads to poll on 22 in December 2024 as per the announcement of the National Elections Commission. If the President does not sign the Bill within 30 days from the day it was passed, it will automatically become law.
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 commentAuthor: 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.
AfricLaw 