20 years after the TRC: Are we any the better?

thabang_mokgatleAuthor: Thabang Mokgatle
Candidate Attorney, Rushmere Noach Incorporated, Port Elizabeth, South Africa

“We are looking to maintain not retribution but reparation; we are seeking room for humanity rather than revenge”
– Desmond Tutu, First hearing of the TRC in April 1996

15 April 2016 marked the twentieth anniversary since the Truth and Reconciliation Committee (TRC) first commenced in South Africa. In reflecting on the occasion, the words of Desmond Tutu above quoted have unveiled two pertinent questions:  Did post-apartheid South Africa, in 1996, require a moment for justice or for reconciliation? Would the pursuit of the former in the first instance, not have led to the achievement of the latter? There is a growing sense that in prioritising the ‘rainbow nation’, the TRC substantially undermined the realisation of justice (institutional justice through the court system). Victims of apartheid-era crimes have supposedly been short-changed, leaving much to be desired since the TRC first convened.

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Uganda: Why the Constitutional Court should rule on the right to health

michael_addaneyAuthor: Michael Addaney
Senior Research Assistant, University of Energy and Natural Resources, Ghana

A case currently before the Constitutional Court of Uganda is providing an interesting test for how far courts can go in protecting basic human rights. Human rights are rights inherent to all human beings. Every person is equally entitled to them without discrimination. They are interrelated, interdependent and indivisible.

Universal human rights are often guaranteed by law through treaties and various sources of international law which generally oblige governments to respect, protect and fulfill human rights and fundamental freedoms of individuals or groups.

Apart from international obligations, countries have various ways of entrenching human rights. Most contemporary constitutions entrench basic human rights. Such constitutions include the 1996 Constitution of South Africa and the 2010 Kenyan Constitution. Likewise, the 1995 Constitution of Uganda contains the Bill of Rights that guarantees fundamental freedoms and basic rights including the rights to health and to life.

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