In defence of these “disgusting and unnatural”
Posted: 10 March, 2014 Filed under: Benjamin Ng’aru | Tags: African (Banjul) Charter, all persons, Anti-Homosexuality Act, constitution, discrimination, equality of all persons, freedom from inhumane treatment, gays, homosexual acts, homosexuality, human rights, International Covenant for Civil and Political Rights, International Covenant on Economic, Kill the Gays Bill, lesbians, life sentence, morality, Museveni, right to dignity, right to privacy, sexual orientation, Social and Cultural Rights, stigmatisation, Toonen v Australia, transgender, Uganda, un-African, United Nations, Universal Declaration for Human Rights, violence 9 Comments
Author: Benjamin Ng’aru
Legal Assistant, Local Authorities Pensions Trust; Volunteer Programmes Assistant, Legal Exchange Centre, Nairobi, Kenya
On Monday 25 February 2014, Uganda’s long serving president Yoweri Museveni signed the Anti-Homosexuality Act of 2014 (previously referred to as Kill the Gays Bill”). The Long Title thereof provides that this “Act [is intended] to prohibit any form of sexual relations between persons of the same sex; prohibit the promotion or recognition of such relations and to provide for other related matters.” Museveni has also, on record, called homosexuals “disgusting and unnatural” persons. The legislation has since received widespread condemnation from human rights organisations and leaders across the globe.
Whereas homosexuality was, since the colonial era, outlawed with the introduction of the British colonial rule and justice system, the new legislation is an all time low. Section 2(2) of the Act provides for a mandatory life sentence for persons convicted of “homosexual acts”. Section 1 of the Act has a wide margin of what constitutes “homosexual acts” such as “the touching of another’s breast, vagina, penis or anus, … however slight …. with any part of the body or through anything”.
Nigeria’s National Conference: The right to have it right in the education sector
Posted: 21 October, 2013 Filed under: Olaniyi Olayinka | Tags: Academic Staff Union of Universities, Boko Haram, constitution, education, National Conference, Nigeria, Regionalism 2 Comments
Author: Olaniyi Olayinka
Principal Assistant Registrar (Legal Matters) at The Polytechnic, Ibadan (Nigeria)
Calls for an all-inclusive National Conference to fashion out Nigeria’s national focus dates back to before 1922 – the Clifford Constitution – which until recently was never held. President Goodluck Jonathan in his 2013 Independence Day broadcast appointed a committee to facilitate the realisation of the conference. Author Uzodinma Nwaogbe has identified disunity, lack of faith and trust amongst citizens of Nigeria as some of the issues the conference should tackle and has given his support for the conference. The conference, according to Nwaogbe, is a platform for Nigerians to talk about issues that will help develop the country irrespective of religious, political and ethnic difference.
The Nigerian constitution, per Section 18(1), clarifies educational objectives of the government and provides that:
“Government shall direct its policy towards ensuring that there are equal and adequate educational opportunities at all levels.”
This article will determine the adequacy of funding for education in Nigeria and how the conference can pave the way for an improvement.
Education is under the purview of both the federal and state governments, and being less generous about funding education is plausible because they both draw from the same purse.
Realisation of inclusive education for persons with disabilities at rural universities in South Africa
Posted: 10 September, 2013 Filed under: Adrian Jjuuko | Tags: apartheid, constitution, Convention on the Rights of Persons with Disabilities, economic accessibility, education, human rights, inclusive education, non-discrimination, persons with disabilities, physical accessibility, rural universities, South Africa, University of Venda Leave a comment
Author: Adrian Jjuuko
Executive Director of Human Rights Awareness and Promotion Forum (HRAPF); LLM (Human Rights and Democratisation in Africa) candidate, Centre for Human Rights, University of Pretoria, South Africa
South Africa’s efforts to implement inclusive education started before the Convention on the Rights of Persons with Disabilities (CRPD) – to which South Africa is a state party- came into force. This was owing to its legacy of apartheid, a policy of exclusion. It created different universities for both the white and black communities. White universities were comprehensive universities that prepared students for professional careers, while black or rural universities were meant to produce semi-skilled menial workers.
With the fall of apartheid, the new regime adopted a policy of inclusive education, including higher education. Higher education was recognised as a right in terms of Article 26 of the 1996 Constitution. A single system of higher education was created and White Paper 6 of 2001 was adopted as the benchmark of inclusive education at all levels. It goes beyond disabilities, race, gender and other grounds of discrimination. It is an obligation for every educational institution to implement inclusive education, and physical accessibility for persons with disabilities (PWDs) is mandatory.
However, there is a need to give special focus to rural universities on account of their history if South Africa is to fulfil its obligations under Article 24 of the CRPD. This article seeks to highlight the implementation of inclusive education for PWDs at one of the rural universities – the University of Venda.
Right to stand for elections as an independent candidate in the African human rights system: The death of the margin of appreciation doctrine?
Posted: 19 August, 2013 Filed under: Adem Kassie Abebe | Tags: African Charter, African Commission on Human and Peoples’ Rights, African Court, African Court on Human and Peoples’ Rights, constitution, elections, Inter-American Court on Human Rights, International Covenant on Civil and Political Rights, international human rights, margin of appreciation doctrine, Mtikila, right to association, right to equality, right to political participation, right to stand for elections, Tanzania, Tanzanian Court of Appeal 8 Comments
Author: Adem Kassie Abebe
Post-doctoral Fellow, University of Pretoria
Although the right to stand for elections is recognised as an essential aspect of the right to political participation, international human rights law does not specifically address the right of individuals to stand for elections as independent candidates, for example, without being a member of and sponsored by a political party. In fact, the only implied reference to independent candidacy is to be found in General Comment No 25 of the United Nations Human Rights Committee, the organ in charge of monitoring compliance with the International Covenant on Civil and Political Rights, on the right to participation. The Committee observes that “[t]he right of persons to stand for election should not be limited unreasonably by requiring candidates to be members of parties or of specific parties” (paragraph 21). What constitutes an “unreasonable” limit to the right of persons to stand for election is not apparent. As a result of the lack of a clear rule, the law and practice in relation to independent candidates varies across borders. In some countries, individuals must be members of political parties to be able to stand for election. In others, they may stand for elections as independent candidates. In some others, independent candidates are allowed in relation to local elections but not in relation to parliamentary and presidential elections.
It is within this context of uncertainty that the African Court had to decide whether the ban on independent candidacy in Tanzania was compatible with the right to equality, the right to political participation, and the right to association in the African Charter on Human and Peoples’ Rights (Tanganyika Law Society and The Legal and Human Rights Centre and Reverend Christopher Mtikila v The United Republic of Tanzania, Applications 009 and 011/2011). This case is interesting in many respects. Firstly, the case presented the African Court the first opportunity to address the margin of appreciation doctrine. Secondly, the application presented a test case to evaluate the trajectory of the African Court towards the jurisprudence of other international and regional human rights organs on similar issues. Thirdly, Tanzania is not the only African country that bans independent candidacy. The decision of the Court therefore has consequences for many other African countries.
Realising the right to health for children with HIV/AIDS in Botswana: Policy based approach v rights based approach
Posted: 13 August, 2013 Filed under: Rashid Dumbuya | Tags: African Charter on Human and Peoples' Rights, African Charter on the Rights and Welfare of a Child, Botswana, children, Children's Act, constitution, Convention on the Rights of the Child (CRC), HIV/Aids, ICESCR, mother-to-child transmission, public health, Public Health Act, right to health, South Africa, TAC, Treatment Action Campaign 1 Comment
Author: Rashid Dumbuya
LLM (Human Rights and Democratisation in Africa) candidate, Centre for Human Rights, University of Pretoria, South Africa; Barrister and Solicitor, Sierra Leone
Botswana faces significant challenges on the HIV/AIDS epidemic. According to the third Botswana AIDS Impact Survey (BAIS III) which took place in 2008, 17.6% of Batswana were living with HIV/AIDS. The survey revealed that about 18 000 children below the age of 19 were HIV positive.
Strong political commitment at national level has however resulted in impressive scale up in HIV treatment for children under the Prevention of Mother-to-child Transmission programme. Children are currently treated in about 33 centres issuing antiretroviral drugs. However, Baylor Children’s Clinical Centre of Excellence provides a more in-depth pediatric content. There are also community-based non-governmental organisations (NGOs) such as Child Line, Mpule Kwelagobe Centre, SOS Children’s Home and Paolo Zanichelli Children’s Centre that are currently providing specialised services to vulnerable children. It is however important to point out that, in Botswana, the needs of HIV/AIDS affected children are not provided for in a comprehensive National legal framework. Care and treatment for children with HIV is currently addressed in overall HIV policy guidelines.
The Zimbabwean government’s measures to address maternal mortality have little prospects of success
Posted: 30 July, 2013 Filed under: Linette du Toit | Tags: Abuja Declaration, African Union, CARMMA, constitution, Maputo Protocol, maternal deaths, maternal mortality, public health, reproductive rights, right to health, right to reproductive healthcare services, women, women's rights, Zimbabwe 2 Comments
Author: Linette du Toit
LLM (Human Rights and Democratisation in Africa) candidate, Centre for Human Rights, University of Pretoria, South Africa
It is a universal and timeless reality that women face the risk of death in the process of giving life. In recent years, this risk has been virtually eliminated for those who have access to the necessary prenatal care and emergency medical assistance. Contrary to the global trend, Zimbabwe has seen a stark increase in its number of maternal deaths and currently sits with a figure that is 50% higher than the sub-Saharan average.
This state of affairs is not surprising in light of the disintegrated nature of Zimbabwe’s public health system, which reached its lowest point in 2008. At that time, government policies led to the closure of public hospitals and a medical school in Harare. Basic resources and emergency care have not been consistently available and the government’s failure to remunerate healthcare professionals with set salaries left many of them with no choice but to leave the country. The continuing epidemic of deaths which could have been prevented indicates an alarming disregard for a variety of rights and obligations on the part of the Zimbabwean government. Questions arise as to whether the government is taking appropriate measures to address the plight of Zimbabwean women.
Realising inclusive education for children with disabilities in Lesotho
Posted: 15 July, 2013 Filed under: Precious Eriamiatoe | Tags: Africa, braille, capacity building, Child Protection and Welfare Act of 2011, children, Children with disabilities, constitution, disability, disability equality training, education, Education Act of 2010, inclusive education, Lesotho, primary education, United Nations Convention on the Rights of Persons with Disabilities 13 Comments
Author: Precious Eriamiatoe
LLM (Human Rights and Democratisation in Africa) candidate, Centre for Human Rights, University of Pretoria, South Africa
Inclusive education advocates for educational systems with an approach that serves the needs of all learners while identifying and overcoming barriers that prevent persons with disabilities from being included in the educational system. Lesotho has a high literacy rate of 87%. In spite of this commendable figure, about 40% of children with disabilities (CWDs) between the ages of 5 and 10 do not attend primary school while 23% of children with disabilities between ages 10 and 20 do not attend high school. These figures are significantly higher when compared to children without disabilities in the same age groups.
The Constitution of Lesotho recognises education as a directive principle of state policy under Chapter 3 of the Constitution and not as a justiciable right. However, the Child Protection and Welfare Act of 2011 and the Education Act of 2010 expressly affirm the right of children with disabilities to education. In addition, Section 4(2)(b) of the Education Act imposes an obligation on duty bearers to ensure that children with disabilities are included in the educational system. The right to education is also protected under Article 24 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). This provision also places an obligation on state parties not to exclude children with disabilities from free and compulsory primary education, and that the inclusion is complemented by accessibility, reasonable accommodation, and effective individualised support aimed at maximising academic and social development. Lesotho ratified the CRPD in 2008 and adopted a free universal primary education in 2001 as a means of achieving education for all. Lesotho has a National Disability Policy of 2011, the Education Sector Strategic Plan 2005-2015, and the Special Education Unit all geared towards achieving inclusive education for people with disabilities. The legal implication of these laws and policies is that the government of Lesotho has obligations under international and domestic law to ensure that children with disabilities are not excluded from the general educational system and that children with disabilities can learn on an equal basis with abled children. However, children with disabilities still do not attend primary school. There is a huge gap between the legal framework and the practical implementation of inclusive education in Lesotho.
Corruption in Ethiopia: Causes and remedies
Posted: 4 July, 2013 Filed under: Daniel Behailu Geberamanuel | Tags: Africa, constitution, corruption, credibility, EPRDF, Ethiopia, Federal Ethics and Anti-corruption Commission of Ethiopia, Global Financial Integrity, human rights, independent judiciary, press freedom, rule of law, separation of power, seperation of power 7 Comments
Author: Daniel Behailu Geberamanuel
PhD student at Law Faculty of Giessen University, Germany
It is often heard (from all concerned) that corruption levels in Africa and particularly in Ethiopia are of concern. Corruption is not only a violation of law and order, but a massive cause for the exacerbation of poverty already entrenched in the society. It frustrates any genuine effort exerted towards societal and economic development both by the government and the people. The ill sides of corruption are not to be undermined nor should efforts to fight it be played up as a political game just to prolong the life of a specific regime posing as the “good guy”. The fight against corruption must not be a tactical step for public attention and a ploy to win the sympathy of people. The fight against corruption by all Ethiopian stakeholders should investigate the root causes of corruption to address the problem sustainably for the following reasons: Ethiopia is cultivating tens and thousands of graduates from universities and technical colleges every year and the lack of jobs is becoming a serious concern.
According to a report by Global Financial Integrity, Ethiopia lost close to $12 billion since 2000 to illicit financial outflows. This is simply disaster in the making. The government must be serious in its fight against corruption because the government’s credibility and whatever level of legitimacy it might have been commanding is put to question. Therefore, in the government cadres’ language, “fighting corruption ought to be a survival issue”.
Every time I hear of anti-corruption efforts in my country, my pain is immense and is summed up by a phrase in the Amharic language “sedo masaded”, roughly translated as “trying to arrest after cutting lose”; the question is why “cut lose”? Why not fix the fence? Why not shut the door to thieves and the corrupt? The question for all of us is how to secure the house. The solution lies in “institutionalising the rule of law”; subsequently, if anyone subverts the system, all due processes of the law must ensue and no one should be considered or consider themselves above the law.
Freedom of the press? Not for the Ugandan press
Posted: 20 June, 2013 Filed under: William Aseka | Tags: Africa, African Charter on Human and Peoples' Rights, African Commission, constitution, Eritrea, freedom of expression, human rights, Human Rights Council, ICCPR, press freedom, right to privacy, Uganda, United Nations, Universal Declaration of Human Rights, World Press Freedom 2 Comments
Author: William Aseka
Program Assistant (Human Rights Advocacy for Children with Disabilities), Governance Consulting
The freedom to form opinions and express them without fear of repression is a fundamental tenet for the development of a pluralistic, tolerant, and democratic society. This right represents not only the right to privacy of individuals to hold opinions and formulate thoughts, but also to express them in a public forum, especially as part of exercising the right to political participation. In addition, the right to access information, that is the right to seek and receive information, which also forms an important component of this right and which has added significance in the current age of information technology, is intrinsic to the transparent functioning of a democratic government and the effective and well-informed participation of civil society. In this context, freedom of opinion, expression and information is one of the core civil and political rights as it is essential for the exercise of all other human rights.
The right to freedom of opinion, expression and information is well-established and protected at both international and regional levels both legally and institutionally. The right is enshrined in various international instruments, namely: the Universal Declaration of Human Rights (Article 19), the International Covenant on Civil and Political Rights (Article 19), the International Convention on the Elimination of all forms of Racial Discrimination (Article 5(d)(viii)), the Convention on the Rights of the Child (Article 13) and the Declaration on Human Rights Defenders (Article 6). The main international human rights body within the United Nations system, the Human Rights Council, also provides through its system of special procedures for a Special Rapporteur on freedom of opinion and expression, which was established in 1993.
Xenophobia in South Africa: The time for introspection has come
Posted: 13 June, 2013 Filed under: Josua Loots | Tags: Africa, African Union, apartheid, constitution, foreign nationals, human rights, mob violence, rule of law, SAPS, South Africa, South African Constitution, xenophobia, xenophobic violence 9 Comments
Author: Josua Loots
Project Manager, Centre for Human Rights, University of Pretoria
Xenophobia, just like so many other unsettling issues in South Africa, is gradually becoming part of the way in which we are perceived as a society. The newest upsurge in xenophobic violence clearly indicates that we have not made significant progress since the problem surfaced in 2008. More unsettling however, is the unwillingness of South Africans from all levels of society to acknowledge and address the problem – media houses neglect to conduct in-depth investigations, politicians fail to express their concern over the issue, the South African Police Service controversially fuels public perception through its involvement in incidents regarding foreign nationals, and civilians exercise mob executions with self-righteousness and pride.
The South African Constitution offers protection to citizens and non-citizens, and is one of few constitutions in the world that indisputably does so. The preamble of the Constitution reiterates South Africa’s commitment to uphold the rule of law, and this commitment greatly depends on consistent application of the law in South Africa. It is imperative that South Africans understand that our own claims on the protection of and rights entrenched in the Constitution depend on respecting the rights of others. Arbitrary mob killings of foreign nationals during the past five years suggest that South Africans struggle to come to terms that all people are equal before the law. Allegations of foreign nationals being involved in criminal activities often lead to mob justice, which is a dangerous step towards corroding the rule of law, and eventually the Constitution upon which our society so greatly depends.
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