Realising Transformative Institutional Reforms via Civil Society
Posted: 11 February, 2025 Filed under: Andrew Songa | Tags: advocacy for reforms, African Union Transitional Justice Policy, civil society, democratic transformation, divisions, human rights violations, inequalities, institutional reforms, National Council for Administration of Justice, past violations, public opinion, public pressure, public symposiums, reform processes, socio-economic transformation, Transformative Institutional Reforms, Transitional Justice 1 CommentAuthor: Andrew Songa
Strategic Advisor, Alt Advisory
If institutional reforms are meant to positively and fundamentally transform our state structures and society, then civil society must play a key role in developing, implementing and monitoring them. In defining transitional justice as policy measures and mechanisms that are implemented to overcome past violations, divisions and inequalities, the African Union Transitional Justice Policy emphasises that these measures should enable the forward-looking goals of democratic and socio-economic transformation. A key measure that underpins this transformative potential of transitional justice is institutional reforms. This is because, if properly designed and implemented, institutional reforms transcend temporary or symbolic measures. They address past violations by introducing state institutions that are competent, ethical, independent, accessible, well-resourced and a reflection of the communities they serve.
Does the Penal Code promote life or punish despair? A study of the law against suicide in Kenya
Posted: 7 February, 2025 Filed under: Pawi Fortune, Soita Shitanda Elvis | Tags: Jackson Mwangi Kariuki v Republic, Kenya, Kenyan Penal Code, law, legal remedies, mental well-being, morality, outdated legislation, public humiliation, self-destruction, self-harm, sexual orientation, suicide, suicide criminalisation Leave a comment |
Author: Pawi Fortune Federation of African Law Students, Kenya |
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Author: Soita Shitanda Elvis Kabarak University Law School |
‘Austin taught that the only force behind the law was physical force, and Mill declared that the only purpose for which that force could rightfully be used against any member of the community was to prevent harm to others; his own good, physical or moral, was not sufficient warrant.’[1]
The question on law and morality is as old and controversial as the question of which came first between the chicken and the egg. To some, law and morality are two separate entities whereas others are of the opinion that law and morality are interconnected. According to Professor H.L.A Hart, law and morality are two distinct social phenomena, and a free society should allow for morally autonomous choices.[2] Lord Devlin on the other hand argues that when conduct arouses widespread feelings of intolerance, indignation and disgust, it deserves to be suppressed by legal coercion in interest of the integrity of the society.[3] The issue of suicide intersects with the complex interplay between legal frameworks and societal morality, raising profound questions about individual autonomy, the state’s role in protecting life, and the ethical implications of criminalising self-destructive behavior. This article aims to provide a critical assessment of the Kenyan Penal Code’s stance on suicide, advocating for a shift towards a compassionate and supportive legal framework.
The Changing Nature of Conflicts is putting a new strain on Human Rights
Posted: 31 January, 2025 Filed under: Michael Aboneka | Tags: abduction, adequate nutrition, Boko Haram, conflict, Convention on the Rights of the Children, DRC, education, Ethiopia, forced displacement, gross human rights violations, Israel-Hezbollah, livelihood, property, right to food, sexual violence, Somalia, Starvation, starvation tactic, Sudan, violence against children 2 Comments
Author: Michael Aboneka
Advocate of the Courts of Judicature of Uganda
There is a new shift from the conventional war of state-to-state confrontations to new forms of conflict with no clear boundaries between military and civilian spheres.[1] According to the Alert 2024 Report, 2023 recorded 36 armed conflicts the highest ever since 2014 with new cases in Ethiopia, Somalia, DRC, Sudan and Israel-Hezbollah.[2] This article explores how these new forms of conflicts have increased starvation, forced displacement and violence against children, in the face of increasing rise of non-state actors involved in conflict.
Harnessing Data for Human Rights and Sustainable Development: A Call to Action from the African Commission on Human and Peoples’ Rights
Posted: 23 January, 2025 Filed under: Hlengiwe Dube | Tags: abuse in data usage, accessible data, ACHPR, advancing human rights, Africa, African Commission on Human and Peoples’ Rights, data access, digital age, digital transformation, discrimination, economic growth, education, election processes, gender equality, governance, harnessing data access, health, human progress, poverty eradication, Privacy Concerns, privacy violations, Resolution ACHPR/Res.620 (LXXXI) 2024, sustainable development, The Africa We Want, unequal access to information, United Nations’ SDGs 1 Comment
Author: Hlengiwe Dube
Centre for Human Rights, University of Pretoria
In a world increasingly shaped by the digital revolution, data has become one of the most valuable resources for economic growth, governance, and human progress. From enhancing public service delivery to promoting political participation, the transformative potential of data is undeniable. However, the rapid advancements in technology also bring significant challenges, including privacy concerns, unequal access to information, and the potential for abuse in data usage. Considering these complexities, during its 81st Ordinary Session in November 2024, the African Commission on Human and Peoples’ Rights (ACHPR), adopted Resolution ACHPR/Res.620 (LXXXI) 2024, which seeks to promote and harness data access as a tool for advancing human rights and sustainable development in Africa.
Relearning conflict-related sexual violence: expanding the lens of violence
Posted: 16 January, 2025 Filed under: Lesego Sekhu, Namatirayi Ngwasha | Tags: conflict-related sexual violence, gender-based violence, human rights violations, humanitarian crises, intimate partner violence, IPV, militia, Palestine, peacebuilding efforts, post-conflict IPV, rebels, sexual violence, soldiers, South Sudan, Sudan, the Central African Republic, the Democratic Republic of the Congo, Transitional Justice, Uganda, Ukraine 1 Comment
Author: Lesego Sekhu
Research Assistant, Centre for the Study of Violence and Reconciliation
Given the severity of conflict-related sexual violence during intra-state and inter-state conflicts in the last decade, transitional justice and peacebuilding efforts have directed resources to investigating this form of sexual and gender-based violence. They aim to create measures to both prevent and address the consequences of these atrocities. Notwithstanding the intention, the conventional understanding of conflict-related sexual violence is flawed and neglects the continuities and diversity of violence that permits continued impunity for sexual and gender-based violence during conflict.
Lesotho: Shaping a New Path Through Transitional Justice
Posted: 9 January, 2025 Filed under: Mary Izobo | Tags: accountability, African Union, African Union Transitional Justice Policy, capacity-building workshop, Centre for the Study of Violence and Reconciliation, contested elections, CSVR, cultural heritage, fragile governance, governance challenges, healing, holistic policy framework, justice, Kingdom in the Sky, mental health, military coups, political crises, political instability, psychosocial support, reconciliation, stability, under-resourced Leave a comment
Author: Mary Izobo
Advocacy Manager, Centre for the Study of Violence and Reconciliation
Introduction
Lesotho, a small mountainous nation nestled in the heart of Southern Africa, stands at a pivotal moment as it charts its path toward stability and justice. Often described as the “Kingdom in the Sky” because of its breathtaking highland terrain, Lesotho’s journey is defined by its rich cultural heritage and the challenges of political instability.
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.
Gathering as resistance in the Nama and Damara community
Posted: 20 December, 2024 Filed under: Sinqobile Makhathini | Tags: colonial legacies, cultural heritage, cultural preservation, culture, Damaraland, economic empowerment, holistic Indigenous healing, home-based abortions, Indigenous practices, medicinal knowledge, Nama people, Namibia, traditional healing practices, Western medical standards 1 Comment
Author: Sinqobile Makhathini
Centre for the Study of Violence and Reconciliation
It was the middle of winter, and all nineteen of us sat in our polypropylene chairs – closely arranged, our eyes fixed on Ouma Dudu as she took out her bag filled with indigenous herbs and medicines from the Damara people. She unrolled each herb one by one, laying them out in her black bag. Some were stored in old Nola containers for preservation. Chairs creaked as we leaned forward, curiosity and excitement narrowing the space between us.
As Ouma introduced us to various medicines – like Sã-i, used for good luck and as a perfume, and ǃNãu/aru, a remedy for bladder infections, period pains, and even as an abortifacient – our smiles grew wider, and the room filled with eager whispers. With each revelation, our curiosity deepened. Yet, when the demonstration ended, a deeper question lingered. For the Khoisan communities present, this gathering meant more than just learning; it marked a step towards healing from a long history of violence that has scarred the Nama and Damara. Was this gathering the very ‘work in motion’ that Athambile Masola (2020) calls ukuzilanda, the act of reclaiming oneself by engaging with collective histories? The notion of remembering oneself through telling intimate stories of our past?
Spotlighting ACHPR Resolution 522: Protecting Women Against Digital Violence in Africa
Posted: 11 December, 2024 Filed under: Hlengiwe Dube | Tags: 16 Days of Activism against Gender-Based Violence, ACHPR Resolution 522, Africa, Cultural and social norms, cultural norms, cyberstalking, digital gender gap, Digital Violence, doxxing, gender inequality, gender-based violence, gender-sensitive media literacy, harmful surveillance laws, online harassment, social media platforms, violence against women, women’s rights Leave a commentAuthor: Hlengiwe Dube
Centre for Human Rights, University of Pretoria
The rise of digital technology has reshaped the world in various ways. While it has promoted progress in communication, education, and economic empowerment, it has also given rise to new forms of gender-based violence. In particular, women in Africa face unique challenges in the digital space, where digital violence, such as cyberstalking, online harassment, and the non-consensual sharing of intimate images, is becoming increasingly prevalent. In response to this growing issue, the African Commission on Human and Peoples’ Rights (ACHPR) adopted a landmark resolution in 2022 aimed at addressing the protection of women from digital violence. This resolution (ACHPR/Res. 522 (LXXII) 2022) is an important step in ensuring that women’s rights are upheld in the digital realm, as part of the broader agenda of combating gender-based violence.
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”.
AfricLaw 