Where to Zimbabwe? Another stage set for flawed elections under Mnangagwa’s leadership
Posted: 3 April, 2023 Filed under: Nqobani Nyathi | Tags: accountability, African Commission on Human and Peoples Rights, amendment of the Constitution, by-elections, constitution, Constitution of Zimbabwe, democracy, electoral disputes, Emmerson Mnangagwa, free and fair elections, government-affiliated media, Guidelines on Access to Information and Elections in Africa, human rights, Luke Malaba, peaceful resolution, Private Voluntary Organisations Bill, PVO Bill, rise to power, unlawful killings, violence, ZEC, Zimbabwe, Zimbabwe Electoral Commission 1 Comment
Author: Nqobani Nyathi
Doctoral Candidate and Project Officer, Centre for Human Rights, University of Pretoria
In 2018, and perhaps at the peak of his popularity, Emmerson Mnangagwa narrowly won a disputed Presidential election in Zimbabwe. In the aftermath, chaos ensued, and soldiers shot and killed people. No one has been held accountable so far, perpetuating an environment of impunity and fear. Mnangagwa’s unconstitutional rise to power the previous year had subverted democracy and as predicted, he has continuously demonstrated an unsettling disregard for the Constitution and the principles of democracy. Zimbabwe’s next general election is scheduled for some time this year, on a date yet to be announced. If Mnangagwa persists on his current path of undermining the Constitution, the election could lack the legitimacy necessary for a functioning democracy.
Inclusive national dialogue and accountability for rights violations can heal Ethiopia from a culture of impunity
Posted: 16 May, 2022 Filed under: Dunia Mekonnen Tegegn | Tags: (CEDAW), abduction, accountability, anxiety, conflict, Convention on the Elimination of Discrimination against Women, crimes against humanity, Criminal Code, depression, Ethiopia, Ethiopia’s National Defense Force, gang rape, gender-based violence, impunity, International Criminal law, mental health problems, sexual violence, sexually transmitted diseases, Tigray People Liberation Front, transitional periods, unwanted pregnancy 2 Comments
Author: Dunia Mekonnen Tegegn
Human Rights Lawyer and Gender equality advocate
On 3 November 2020, conflict broke out between the Tigray People Liberation Front and Ethiopia’s National Defense Forces when the Tigray People Liberation Front assaulted the Northern command. Due to the conflict in Ethiopia, women and girls continue to bear the brunt of the cruel and inhuman acts committed by all parties involved in the conflict for the last 17 months. Many have lost their lives, suffered sexual violence, been displaced, and starved. Young girls, women living with disability, older women, and refugee women have been the target of brutal sexual violence. These crimes are horrific in nature as they represent the level of vengeance and humiliation pursued by actors to the conflict. Reports have highlighted the extent of these violations and implicated all sides to the conflict in war crimes and crimes against humanity. Read the rest of this entry »
Reflecting on the South Sudan we want: 10 years on after independence
Posted: 23 July, 2021 Filed under: Joseph Geng Akech | Tags: 10 years, accountability, Armed Struggle, Commission for Truth, Compensation and Reparation Authority, conflict, constitutional democracy, corruption, dream nation, human rights, inclusive, independence, justice, liberty, non-violent, peace, pluralistic, prosperity, Reconciliation and Healing, rule of law, silencing the guns, South Sudan, South Sudan we want, SPLM/A, Sudan, Sudan People’s Liberation Movement/Army, underdevelopment, war 1 Comment
Author: Joseph Geng Akech
South Sudanese human rights lawyer and LLD candidate, University of Pretoria, South Africa
Summary
New nations struggle to find their route to stability, and they have the opportunity to learn from those which have already travelled the path towards nation-building. The birth of South Sudan was received with joy, far and wide, as it emerged out of decades of sacrifices for principles that every South Sudanese believe in – justice, liberty and prosperity. The hard-won new State was born with much hope, but it rapidly became a monster of its own making. Consumed by senseless wars, endemic corruption and underdevelopment – iniquities which fomented popular resistance and drove the need for secession.
Constitutionalisation of public service and administration in Africa
Posted: 23 March, 2021 Filed under: Paul Mudau | Tags: accountability, administration, African Constitutions, Constitutional Reform, democracy, good governance, human rights, public administration, public policies, public service, rights of individuals, transparency Leave a comment
Author: Paul Mudau
Senior Lecturer in the Department of Public, Constitutional and International Law at the University of South Africa
‘Modern African constitutions’ produced by the recent wave of constitutional reforms that swept across Africa generally transpired in the constitutionalisation of public service and administration. Public administration is any institution with operations aimed at applying, enforcing or fulfilling public policies and programmes or undertaking public service duties as well as regulating the conduct of public servants. Public service is any service or public-interest activity provided by government under the authority of the relevant administration.
Rethinking the North-South divide in international criminal justice: Reflections from an African viewpoint
Posted: 25 October, 2016 Filed under: Francis Dusabe | Tags: accountability, Africa, African Court on Human and Peoples’ Rights, African Union, AU, collaboration, courts, Hissène Habré, ICC, International Criminal Court, international criminal justice, International Criminal law, law, regional mechanisms, Rome Statute 2 Comments
Author: Francis Dusabe
Legal Researcher
‘Whatever you do for me but without me, you do against me’– Mahatma Gandhi, 1869-1948
More than ever before, Africa is at both sides of the coin; it is the subject of international criminal law because African states have steadfastly stood for the creation of the International Criminal Court and an object of international criminal law because of the unfortunate participation of Africans in atrocities that ravages their continent.
Unlike what many think, Africa has a lot to offer in the development of international criminal law, be it at domestic, regional and international level. Domestically, Africa leads other continents in the nationalisation of international criminal law either through domestication of the Rome Statute or the incorporation of main principles of international criminal law as enshrined in major conventions and treaties in national law.
Call for a corruption-free Africa: A rights based approach
Posted: 13 April, 2015 Filed under: Dunia Mekonnen Tegegn | Tags: abuse, accountability, Africa, corruption, discrimination, failed government, human rights, impunity, public service systen, right to clean water, right to education, right to health care 1 CommentAuthor: Dunia Mekonnen Tegegn
Human rights lawyer, Ethiopia
Corruption is a threat to human rights in that it erodes accountability and results in impunity. Given the interdependence of human rights, the impact of corruption on the whole spectrum of human rights; economic social and cultural rights as well as that of the civil and political rights is significant. It fundamentally distorts the machineries necessary for the realization of human rights namely good governance and rule of law.
Corruption undermines a government’s ability to deliver goods and services. It results in discriminations in the use and enjoyment of human rights. It further undermines the ability of individuals to access justice and corrode their role as active participants in decisions that affect them within the public service. Corruption has a disproportionate impact on vulnerable groups such as women, children and the poor as it decreases funds available for the provision of basic services like education, health and social services that these groups are mostly dependent on.
It is time to take maternal mortality in Kenya seriously
Posted: 19 March, 2015 Filed under: Clara Burbano-Herrera | Tags: accountability, African Charter on Human and Peoples' Rights, African Union, Beijing Declaration, Brazil, Cairo International Conference on Population and Development, Campaign beyond Zero, Convention on the Elimination of all forms of Discrimination against Women, Kenya, Kenya National Commission on Human Rights, KNCHR, maternal mortality, preventable death, women's human rights, women's rights 3 Comments
Author: Clara Burbano-Herrera
Fulbright Postdoctoral Research Fellow at the FXB Center for Health and Human Rights, Harvard University (USA)
Maternal mortality rates reflect disparities between wealthy and poor women, and between developed and developing countries. [i] Frequently, whether women survive pregnancy and childbirth is related to their social, economic and cultural status. The poorer and more marginalized a woman is, the greater her risk of death. [ii] Ninety–nine per cent (99%) of maternal deaths occur in developing countries, and most of these deaths are preventable. [iii]
While worldwide maternal mortality has declined – in 2013, the global maternal mortality ratio (MMR) was 210 maternal deaths per 100,000 live births, down from 380 maternal deaths in 1990 (a 45 per cent reduction) [iv] – unfortunately in Kenya maternal mortality has decreased very little, i.e., from 490 to 400[v] in the period between 1990 and 2013, compared to the Millennium Development Goal No. 5 (MDG) target [vi] of 147 per 100,000 births. [vii]
Chapter 9 institutions: for the sake of accountability and constitutional democracy
Posted: 31 March, 2014 Filed under: Kenneth Sithebe | Tags: accountability, Chapter 9 institutions, constitution, constitutional democracy, corruption, democracy, good governance, human rights, investigate, Nkandla, President Zuma, Public Protector, rule of law, South Africa Leave a comment
Author: Kenneth Sithebe
Candidate Attorney, Centre for Child Law, Faculty of Law, University of Pretoria
When we neither punish nor reproach evildoers, we are not simply protecting their trivial old age, we are thereby ripping the foundations of justice beneath new generations. – Solzhenitsyn
It is in the wake of the Public Protector’s findings regarding an upgrade to the President Zuma’s private residence in Nkandla that, the importance and our tolerance for Chapter 9 institutions comes to the fore. Having presented her findings to the public, the Public Protector was hailed by some as a heroin to a South Africa that is ridden with corruption, whilst some questioned her credibility and the integrity of her office. It is submitted that these debates are ordinary in a vibrate democracy like South Africa’s and should be welcome. However, what should not be welcome are unsubstantiated remarks aimed at undermining the office of the Public Protector, or any of the other Chapter 9 institutions, namely, the South African Human Rights Commission; the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities; Commission for Gender Equality; the Auditor General; and Electoral Commission. These institutions, as provided for in section 181 of the Constitution, form a cornerstone to the sustenance of democracy and are important for the full realisation of other democratic principles such as accountability, respect for the rule of law and human rights.
Should the African Union be accountable and answerable to the African Court on Human and Peoples’ Rights?
Posted: 11 July, 2012 Filed under: Roopanand Amar Mahadew | Tags: accountability, African Charter on Human and Peoples' Rights, African Court on Human and Peoples’ Rights, African Union, transparency 1 Comment
Author: Roopanand Amar Mahadew
Doctoral candidate, Department of Political Science, University of Delhi
The African Court on Human and Peoples’ Rights (the Court) has recently delivered a judgment in the case of Femi Falana v The African Union. The judgment is rather controversial on various levels. Firstly, the Court decided to interpret Articles 5(3) and 34(6) which, read jointly, imply that individuals or Non-Governmental Organisations (NGOs) can have access to the Court only if the state from which they are has deposited the declaration accepting the jurisdiction of the Court in accordance with Article 34(6). This was certainly not the issue in the Falana case. What had to be determined was whether the African Union (AU), which is not a state party to the African Charter on Human and Peoples’ Rights or the Protocol establishing the African Court (the Protocol), could be sued and such an interrogation required the interpretation of Articles 3, 30 and 34 (1&4) of the Protocol. Secondly, the Court, at the very onset, failed to consider whether or not it has jurisdiction ratione personae and decided to proceed to judicial consideration of the applications which is procedurally flawed.
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