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 comment
Author: 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.
The struggle for prisoners’ voting rights: Analysing the constitutional right to dignity and sovereignty in Kenya
Posted: 18 November, 2024 Filed under: Uday Makokha Keya | Tags: Bill of Rights, democracy, dignity, electoral justice system, equity, fundamental freedoms, general elections, human rights, IEBC, Independent Electoral and Boundaries Commission, Kenya, principles of governance, prisoner`s right to vote, right to dignity, right to vote, Sovereignty, voting rights Leave a comment
Author: Uday Makokha Keya
Third-year law student, Kabarak University
The values on sovereignty of the people, asserted in the constitution of Kenya, imposes on the state the duty to protect, promote and fulfil citizen`s right to elect their representatives as a way of exercising their sovereignty. This right should therefore be achieved through guaranteeing citizens the right to register as voters and, consequently, to elect their leaders. The constitution provides that, every person has a right without unreasonable restriction to be registered as a voter.[1] Therefore, any limitation to the right to vote, has to be necessary,[2] and in accordance to the law.[3] The case of Kituo Cha Sharia V IEBC & 2 Others, affirmed prisoner`s right to vote and elect their representatives linking their right to vote to their dignity, and the exercise of their sovereignty.[4] To guarantee the right to vote to prisoners, they should have equally been provided with the right to register as voters and, to consequently vote in every election cycles.
Gender and the Bifurcation of Paid and Unpaid Care Work
Posted: 14 November, 2024 Filed under: Sinqobile Makhathini | Tags: African Societies, Beijing +30, child-rearing, colonialism, cooking, domestic work, elder care, feminised poverty, formal employment, gender dynamics, gendered labour, International Day of Care and Support, low wages, paid employment, socio-economic factors, unpaid care work, voluntary community work 1 Comment
Author: Sinqobile Makhathini
Centre for the Study of Violence and Reconciliation
The 29th October marked the International Day of Care and Support, and this year’s theme focused on transforming care systems to achieve Beijing +30. This occasion prompts us to critically examine the dynamics of gendered labour and the ongoing disparity between paid and unpaid care work in Southern Africa.
According to the United Nations, unpaid care work encompasses all unpaid services provided by individuals within a household or community to benefit its members. This includes activities like cooking, cleaning, collecting water and fuel, and caring for children, older persons, and individuals living with illnesses or disabilities. Voluntary community work, such as operating community kitchens or childcare services, also qualifies as unpaid care work.
The right to health, dignity and the plight of pregnant women in Rural Malawi
Posted: 11 November, 2024 Filed under: Golda Chilembwe Rapozo | Tags: access to healthcare, adequate health services, core human rights, degrading treatment, International Covenant on Economic, Malawian health department, maternal health, maternal mortality, medical services, poor infrastructure, pregnant women, right to dignity, right to health, running water, Rural Malawi, Social and Cultural Rights Leave a comment
Author: Golda Chilembwe Rapozo
LLM candidate, Centre for Human Rights, University of Pretoria
The right to health and dignity during childbirth
Malawi still experiences one of the highest maternal mortality rates in the world, with 5.7 deaths for every 1000 live births. Poor infrastructure and service conditions mar the maternal experience for women living in rural Malawi. The right to give birth in a dignified manner for women in Malawi is constantly violated. Women are either forced to give birth at home or on their way to health centres due to long distances and poor road infrastructure. In most cases, health centres are located 25 kilometres away, and there are few affordable transportation systems save for bicycles. If they are lucky enough to get to the hospital, they will either have to share beds or sleep on the floor with their newborn babies. In certain instances, these women are even required to bring their own sanitary kits and are subjected to facilities without electricity or running water. In addition, some rural health centres lack trained personnel to provide the necessary care to pregnant women. Not only does this treatment violate their rights, but it also violates the provisions of the International Covenant on Economic, Social and Cultural Rights.
The Weight of Votes: Analysing the Principle of Equality in Kenya’s Electoral Boundaries
Posted: 6 November, 2024 Filed under: Uday Makokha Keya | Tags: Constitution of Kenya, customary international law, democracy, electoral body, electoral boundaries, electoral system, Independent Electoral Boundary Review Commission, Kenya, legal framework, population quota, Principle of Equality, protected constituencies, UDHR, unfair representation, Universal Declaration of Human Rights Leave a commentAuthor: Uday Makokha Keya
Third-year law student, Kabarak University
“A vote is like a rifle: its usefulness depends upon the character of the user”
-Theodore Roosevelt.
“Democracy amplifies the notion of legitimacy of the government and that people are the source of authority for the government. Conversely, democracy can as well be curtailed, and serve as a tool to access power for the elites.”[1]
The Universal Declaration of Human Rights (UDHR) asserts that the legitimate source of authority for the government is the people,[2] and for a government to be legitimate, it ought to draw its authority from the people. While the UDHR is not a treaty, there is predominant consensus that it forms part of customary international law and should therefore be implemented by all states. To that effect, the 2010 Constitution of Kenya provides that citizens have a right to elect their leaders.[3] Further, the law provides that elections for every representative are conducted after every five years.[4]
Decolonising “African values”: The future of LGBTQ+ pride and rights
Posted: 31 October, 2024 Filed under: Lesego Sekhu, Namatirayi Ngwasha | Tags: ACHPR, African Commission of Human and Peoples’ Rights, African countries, African values, anti-rights groups, discrimination, homophobia, homosexuality, human rights violations, LGBTQ+, political persecution, Pride Month, sexual orientation, social exclusion, South Africa Leave a comment
Author: Lesego Sekhu
Research Assistant, Centre for the Study of Violence and Reconciliation
October marks Pride Month in South Africa. Historically, Pride in this country and, more broadly, the rest of the continent has been used for political advocacy, protesting against discrimination and political persecution, and reaffirming LGBTQ+ people’s rights. In the spirit of “leaving no one behind”, this year, our Pride agenda should include radical solidarity with LGBTQ+ people in other African countries who face a growing anti-rights movement specifically targeting LGBTQ+ and other sexually diverse and gender-diverse people.
Practical challenges facing National Human Rights Institutions (NHRIs) in Southern Africa: A case of South Africa and Zimbabwe
Posted: 28 October, 2024 Filed under: Namatirayi Ngwasha, Zororai Nkomo | Tags: constitutionalism, corruption scandal, democracy, financial constraints, human rights, jurisprudence, Lancaster House Constitution, Lawrence Mushwana, National Human Rights Institutions, Nkadla debacle, Oilgate Scandal, Paris Principles, political interference, South Africa, Zimbabwe, Zimbabwe Human Rights Commission, Zimbabwe Human Rights Commission Report Leave a comment
Author: Zororai Nkomo
Centre for Human Rights, University of Pretoria
Introduction
The world over, states have the primary responsibility of ensuring that human rights are respected, protected and fulfilled. As entities who negotiate and ratify international human rights instruments, and they must create safeguard mechanisms for people to enjoy these rights.[1] States often establish national human rights institutions in line with the Paris Principles as part of the institutional architecture for the fulfilment of their international human rights obligations. In this regard in 2014, the South African Human Rights Commission Act 40 of 2013 was enacted to replace the Human Rights Commission Act 54 of 1994.[2] The coming into force of this new Act witnessed the expansion of the powers of the commission in line with the Paris Principles.
Implementation beyond banning: the prohibition of child marriage in Sierra Leone
Posted: 21 October, 2024 Filed under: Sorie Bangura | Tags: ACRWC, African Charter on the Rights and Welfare of the Child, child education, child marriage, Child Rights Act, children’s rights, early marriage, educational level, end child marriage, girls, income poverty line, lack of investment, poverty, Prohibition of Child Marriage Act 2024, reproductive health, Sexual Offences Act, Sierra Leone, teenage pregnancy, toilet facilities, Universal Periodic Review Leave a comment
Author: Sorie Bangura
Manager, Save the Children, Sierra Leone
In 2022, during the third cycle of the Universal Periodic Review (UPR) on Sierra Leone, the UPR working group urged Sierra Leone to ‘allocate adequate budgetary resources for the promotion and protection of children’s rights; harmonising laws to prevent and end child marriage, and undertaking comprehensive awareness-raising on the negative consequences of child marriage on girls; and enforcing the Child Rights Act and enabling the bill on the prohibition of child marriage.’ Fast forward to June 2024, Sierra Leone has enacted the Prohibition of Child Marriage Act 2024. The Act which prohibits and criminalises marrying anyone under the age of 18 also seek to protect the rights and development of girls which has long been violated and hindered.
The Right to Consent: Reimagining Sexual Autonomy for Persons with Disabilities in Zimbabwe through S v Zidyengi
Posted: 18 October, 2024 Filed under: Neville Mupita | Tags: consensual relationship, Convention on the Rights of Persons with Disabilities, CRPD, disability rights, equal recognition, equality, expert evidence, High Court judgment, human rights, inclusion, mental capacity, mentally incompetent adults, persons with disabilities, psychosis diagnosis, right to autonomy, right to dignity, rights of persons with mental disabilities, S v Zidyengi, sexual autonomy, sexual choices, sexual conduct, Zimbabwe, Zimbabwe High Court 1 Comment
Author: Neville Mupita
Centre for Human Rights, University of Pretoria
On 17 July 2024, the Zimbabwe High Court handed a landmark judgment in the case of S v Zidyengi that addresses a key interplay between mental disability and sexual autonomy. This judgment poses a topic of importance under the framework of the Convention on the Rights of Persons with Disabilities (CRPD). This piece uses a human rights-based approach to analyse the High Court judgment within the CRPD’s yardstick.
The impact of internet shutdown on freedom of expression in Ethiopia
Posted: 16 October, 2024 Filed under: Fenot Mekonen Hailu | Tags: Access to Information, Access to the internet, censorship, civil unrest, conflict, democracy, electronic communications, essential information, Ethiopia, Federal Democratic Republic of Ethiopia's Constitution, flow of information, freedom of expression, fundamental freedoms, human rights, information blackout, international law, internet restrictions, internet shutdown, right to freedom of expression, UN human rights instruments 2 Comments
Author: Fenot Mekonen Hailu
LLM Candidate, Centre for Human Rights, University of Pretoria
Introduction
Access to the internet is essential for many aspects of daily life. Even though it is not explicitly classified as a human right, it is considered an enabler for the enjoyment of human rights.[1] One of the threats to internet access nowadays is internet shutdowns. An internet shutdown typically involves the deliberate disruption of internet or electronic communications, rendering them partially or fully inaccessible.[2] These shutdowns often target specific populations or regions to control the flow of information, though they can sometimes impact entire countries.[3] Despite the internet’s crucial role in communication, information sharing, and exercising fundamental freedoms, internet shutdowns have become an alarming issue across the world.[4] The internet has greatly enhanced free speech, enabling individuals to express their opinions without fear of censorship or retribution. It has also encouraged the exchange of ideas and facilitated the spread of information, benefiting society.[5] However, this fundamental right is threatened in Ethiopia by a concerning pattern of internet shutdowns. In response to protests, civil unrest, and other forms of social and political activism, the government has resorted to invasive shutdowns. These measures significantly limit citizens’ freedom of expression, impede democratic dialogue, and obstruct the flow of essential information in society, [6]leaving millions uninformed and potentially infringing on their rights to freedom of expression, access to information, assembly, and association, as well as other human rights.[7]The right to freedom of expression is protected under international law and most national constitutions. This right has evolved to encompass the internet as a vital communication medium, raising important questions about the extent to which internet access is protected under existing normative principles.[8]
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