‘Year of justice for Africans and people of African descent through reparations’: Can Mauritius lead by example or remain a spectator?
Posted: 26 March, 2025 Filed under: Lakshita Kanhiya, Michael Gyan Nyarko | Tags: 37th Ordinary Assembly, administration of justice, African Committee of Experts on the Rights and Welfare of the Child, African Court on Human and Peoples’ Rights, African Court Protocol, African Union, Anil Kumarsingh Gayan, beacon of democracy, colonial heritage, economic stability, historic declaration, human rights, Mauritian legal system, Mauritius, quest for justice, reparations, Year of Justice for Africans and People of African Descent Through Reparations 1 Comment |
Author: Lakshita Kanhiya Legal Associate, Initiative for Strategic Litigation (ISLA) in Africa |
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Author: Michael Gyan Nyarko Deputy Executive Director, Institute for Human Rights and Development in Africa (IHRDA) |
The Heads of States and Governments of the African Union (AU) have declared 2025 the ‘Year of Justice for Africans and People of African Descent Through Reparations’. This historic declaration, made during the 37th Ordinary Assembly held in Addis Ababa in February 2024, resonates deeply within the broader quest for justice, human rights, and the long-overdue reckoning with colonial legacies across the continent. As the continent prepares to collectively reflect on justice and reparations, it becomes imperative to critically assess the structures and systems that hinder the realisation of justice for African people. One such structural barrier lies in the reluctance of several African states, including Mauritius, to fully embrace the jurisdiction of the African Court on Human and Peoples’ Rights (African Court) through direct access for individuals and NGOs under article 34(6) of the Protocol establishing the African Court (African Court Protocol /Protocol).
The ACtHPR: From the Politics of Gender to the Gender of Politics? Why Women’s Representation on the Bench is not Enough
Posted: 26 May, 2021 Filed under: Linda Ajemba | Tags: ACtHPR, African Committee of Experts on the Rights and Welfare of the Child, African Court on Human and Peoples’ Rights, Bureau of the Court, Court Protocol, elections of judges, female majority bench, Gender of Politics, gender parity, Politics of Gender, right of women Leave a comment
Authors: J. Jarpa Dawuni & Sègnonna H. Adjolohoun
In September 2018, the African Court on Human and Peoples’ Rights (ACtHPR or the Court) made history by swearing in two female judges, thereby bringing the Court’s composition to six women out of its 11 judges. The Court had thus achieved a female majority bench for the first time since its inception in 2006. The symbolic representation of women judges made the bench the most gender-balanced of all times. While women currently make up 55% of judges on the ACtHPR, they account for 35% of all judges since the Court was established, and only 20% of the leadership in the institution (i.e., two women have served in the Bureau versus eight men). In the following discussion, we analyse why women’s symbolic representation has not translated into their substantive leadership within the Court. We query whether the changes introduced to the Rules of Court in 2020, will be a catalyst for a sustainable women’s representation in the Court’s Bureau in the elections slated for 31 May 2021.
Realising the right to birth registration to prevent statelessness in Africa: in the context of the General Comment on Article 6 of the African Children’s Charter
Posted: 15 December, 2014 Filed under: Ayalew Getachew Assefa | Tags: 20th Ordinary Session, ACERWC, Africa, African Charter on the Rights and Welfare of a Child, African Children’s Charter, African Committee of Experts on the Rights and Welfare of the Child, Article 6, birth, birth registration, citizenship, confidentiality, ethnic minorities, General Comment, registration of birth, statelessness, UNICEF 2 Comments
Author: Ayalew Getachew Assefa
Legal researcher, Secretariat of the ACERWC
As is the case with other human rights, the right to birth registration and nationality are interrelated, and the realization of these rights plays a great role in preventing statelessness. Birth registration, as an act of recording a birth of a child by a governmental authority with the effect of granting the child a legal personality, establishes the existence in law of a child. It is through birth registration and acquisition of a birth certificate that the parentage of children, their age, and their place of birth can be recorded. These elements play a significant role in according nationality for children, and hence prevent statelessness.
It is in consideration of this fact that Article 6 of the African Charter on the Rights and Welfare of the Child (ACRWC/the African Children’s Charter) recognizes three interlinked rights and imposes an obligation on State Parties to take legislative measures to prevent statelessness among children. In order to clearly spell out and explain the obligations of State Parties in implementing the provision, the African Committee of Experts on the Rights and Welfare of the Child (ACERWC), in April 2013, adopted a General Comment (the General Comment) on this particular Article. This article briefly explains the reasons why the Committee decided to develop the General Comment and the major principles included in the General Comment.
AfricLaw 
Corporal punishment as a public health concern: Breaking the cycle of violence against children in Africa
Posted: 25 September, 2025 | Author: AfricLaw | Filed under: Nqobani Nyathi | Tags: 1.2 billion children, Africa, African Charter on the Rights and Welfare of the Child, African Committee of Experts on the Rights and Welfare of the Child, Children with disabilities, corporal punishment of children, dropout rates, General Comment 9, global public health concern, Guidelines on Ending Violence Against Children in Africa, no benefits, physical force, public health crisis, religion, religious traditions, tradition, violence, World Health Organisation (WHO) | 1 CommentDoctoral Candidate, Centre for Human Rights, University of Pretoria
On 20 August 2025, the World Health Organisation (WHO) launched a report declaring corporal punishment of children a global public health concern. By definition, corporal punishment is any punishment where physical force is used with the intention of causing some degree of discomfort or pain, however light.
The statistics are staggering. An estimated 1.2 billion children around the world are subjected to corporal punishment at home every year. Children exposed to such violence are more likely to suffer from anxiety, depression, low self-esteem and emotional instability. These effects often persist into adulthood, increasing the risk of alcohol and drug use, and violent behaviour. In schools, corporal punishment contributes to dropout rates and poor educational outcomes.
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