Author: Mary Izobo
International Human Rights Lawyer and Gender Advocate
The International Day of the Girl Child is commemorated globally every year on 11 October since 2012 to highlight the injustices girls face based on their gender, while advancing the fulfilment of their rights, development and wellbeing. The United Nations theme for the International Day of the Girl Child 2020 is ‘My voice, our equal future.’ There is a specific emphasis on the girl child because there is a direct form of discrimination against girls who are often deprived of their fundamental human rights. Millions of girls from birth are discriminated against on the grounds of sex and gender. This year, as we commemorate the International Day of the Girl Child, it is important to bring to the world’s attention, child marriage which continues to be an unending anathema that serves as a challenge in the fulfilment and enjoyment of the rights and welfare of the girl child.
Child marriage is the marriage of a child before he or she turns 18 years of age. It is a global phenomenon that continues to obstruct the wellbeing of young boys and girls. Child marriage affects both boys and girls, but nine in ten children married off before they turn 18 years are girls. Every two seconds, a girl is married off, before she is physically, psychologically or emotionally developed enough to become a bride or mother. An estimated 650 million women and girls in the world today were married before they turned 18 years and one-third of these women and girls were married off before they turned 15 years. According to United Nations International Children Emergency Fund (UNICEF), out of the world’s population, 1.1 billion are girls and 22 million of them are married off before they attain adulthood.
Author: Masalu Masanja
LLM (HRDA) student, Centre for Human Rights, University of Pretoria
The Pan-African Parliament (PAP) is among the nine organs of the African Union (AU) established with the aim of ensuring the full participation of African people in the development and economic integration of Africa. This purpose is anchored under Article 17 of the of the AU Constitutive Act. One of the objectives of PAP is the promotion of peace and security on the continent. In terms of its mandate, PAP is limited to consultative and advisory power within the AU. Its full-fledged legislative power is provided for under the Protocol to the Constitutive Act of the African Union on the Establishment of the Pan-African Parliament (Malabo Protocol), which is yet to come into force. This opinion piece seeks to examine critically the resolution on peace and security with a specific focus on the Continental Early Warning Mechanism (CEWM).
War and violence in Africa are among the stumbling blocks to economic development and integration in Africa. Consequently, the PAP passed a resolution on the promotion of peace and security in Africa at its Second Session of the Fourth Parliament held from 5 to 17 October 2015. This opinion piece specifically focuses on PAP’s recommendation on the need of reinforcing CEWM in conflict prevention in Africa and the establishment of an African centre for conflict and arbitration focusing on providing training and capacity building on alternative dispute resolution mechanisms in the five sub-regions of Africa, under the oversight of African Court on Human and Peoples’ Rights.
Author: Satang Nabaneh
Post-doctoral Fellow, Centre for Human Rights, University of Pretoria
Discrimination and stigma relating to persons with albinism remain the norm in many Africa countries. Persons with albinism have been subjected to gross human rights violations. In some extreme cases, persons with albinism in the African region have been killed for rituals or subjected to other physical abuse. While attention has been given to the killings of persons with albinism worldwide, little attention has been given to other human rights violations they encounter while seeking social services, particularly health care services. Deep-rooted prejudices and stereotypes about persons with albinism tend to aggravate human rights violations they experience. Discrimination against persons with albinism can lead to deleterious health consequences and at the same time hinder access to care for them.
Authors: Nelly Warega* and Tomiwa Ilori**
*Legal Advisor, Women’s Link Worldwide
**Doctoral researcher, Centre for Human Rights, University of Pretoria
On 17 April 2020, a Twitter user tweeted about a hospital in Lagos that demanded personal protective equipment (PPE) from a woman seeking to give birth at the facility. The incident, according to the user happened at the General Hospital, Ikorodu, under the Lagos State Government Health Service Commission. The PPEs have become important for health workers given the surge in transmission COVID-19 across the world. However, despite the rising demand and scarcity of PPEs, a conversation on the propriety of placing the burden of procurement of PPEs on expectant mothers is vital.
Author: Tomiwa Ilori
LLD Candidate, Centre for Human Rights, University of Pretoria
In the past, authoritarianism like any other form of illegitimacy has always been paranoid of disruptions. The internet, since its decentralisation in the last century, has blurred boundary lines, projected a classless society and looked to upset apple carts in political spaces. It is typical that this form of “magic” that could redefine state power rattled many governments. African governments soon began to show overt signs of paranoia and not too long, Africa became the first continent to experience an internet shutdown in Egypt on 28 January 2011. Since then, several governments in Africa have constantly violated digital rights with the justification of national security which supposes that both are mutually exclusive.
Violence against women and girls in Africa: A global concern to ponder on International Women’s Day and beyondPosted: 8 March, 2018
Author: Kennedy Kariseb
Doctoral candidate, Centre for Human Rights, Faculty of Law, University of Pretoria
It has been four decades since the United Nations (UN) observed for the first time International Women’s Day (IWD) on 8 March 1975. Although there are traces of celebration of this day, dating as far back as 1909, its formal initiation came in the wake of the first World Conference of the International Women’s Year that took place in Mexico City, Mexico. Its object, as aptly argued by Temma Kaplan, is to mark ‘the occasion for a new sense of female consciousness and a new sense of feminist internationalism’.[i]
In a sense, 8 March is meant to be a day of both celebration and reflection for women the world over: a celebration of the gains made in enhancing women’s rights and the overall status of women globally, while reflecting and strategising on the voids and shortcomings still persistent in the women’s rights discourse. The occasion of the forty-third celebration of the IWD clearly marks an opportunity for feminist introspection on the broader question of violence against Women (VAW) and its regulation under international law. This is because while VAW is not the only form of human rights abuse women suffer, it is one in which the gendered aspect of such abuse is often the most clear and pervasive.
South Africa’s intention to withdraw from the Rome Statute of the International Criminal Court: Time to seriously consider an African alternative?Posted: 28 October, 2016
Author: Owiso Owiso
LLB – Nairobi, PGD Law – KSL
While the decision by South Africa to commence the formal process of withdrawing from the Rome Statute of the International Criminal Court is shocking, honest observers will admit it was not entirely unforeseen. African countries through the African Union (AU) have long voiced misgivings about the International Criminal Court (ICC) and it was just a matter of time before the usually slow-moving AU clock started ticking. The AU had earlier this year urged its members to consider withdrawing from the Rome Statute. This was triggered by the refusal by the United Nations Security Council and the ICC to accede to the AU’s requests for suspension or termination of the cases against Sudan’s president Omar al-Bashir and his Kenyan counterpart Uhuru Kenyatta and his deputy William Ruto.
While South Africa’s decision should be condemned, nothing much is likely to come of such condemnation. Treaties are a product of state consent and it follows that withdrawal is equally a unilateral act of the state. Even if an argument could be advanced against such unilateralism, the process is still a political one which rests almost entirely with the political class, at least in imperfect democracies. South Africa’s move is likely to embolden other African countries to commence similar processes. South Africa is Africa’s biggest economy and the AU’s largest member contributor. It is also arguably one of Africa’s better-off imperfect democracies. For these reasons, it is often the case in continental affairs that other African countries hold on to their cards until South Africa plays after which they emerge from their cocoons and play theirs in more or less similar fashion. With the possible exception of ‘righteous’ Botswana and perhaps Mauritius that considers itself African only when the situation suits it, the possibility that other African countries will follow South Africa’s lead on the ICC cannot be ruled out. In light of such possibility, how then does Africa assure its citizens that the fight against impunity as is entrenched in its founding instrument is still top of its agenda, if at all it ever was?
Rethinking the North-South divide in international criminal justice: Reflections from an African viewpointPosted: 25 October, 2016
Author: Francis Dusabe
‘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.