International human rights day: A call to Eritrea to own up to its shocking human rights record!

Legogang MaxeleguAuthor: Lebogang Maxelegu
Assistant Researcher, Centre for Human Rights, University of Pretoria

10 December 2015 marked the 65th anniversary of the International Human Rights Day, which the international community celebrates annually to commemorate the adoption of the Universal Declaration of Human Rights (UDHR) in 1948. The UDHR is arguably the first global document to pronounce on human rights standards that countries ought to aspire to. Though not a treaty itself and therefore not binding on Member States, the UDHR serves as the cornerstone for the definition of human rights and fundamental freedoms as outlined in the United Nations Charter, which is legally binding on all State Parties including Eritrea which joined the United Nations(UN) in 1993.

The UDHR is also the bedrock upon which treaties such the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were founded. Eritrea has notably ratified both covenants, further and invariably placing upon itself a legal obligation to abide by the human rights norms enunciated in the declaration as well as other ratified treaties.

The United Nations General Assembly held its Seventieth Session in October 2015, during which the Minister of Foreign Affairs of Eritrea, H.E. Mr. Osman Saleh, was invited to address the assembly. In his speech, the Honourable Minister declared that Eritrea is making remarkable progress in building a nation founded on the respect for human rights, contrary to what he described as “unfair and baseless accusations” of human rights violations that Eritrea has been subjected to. But is Eritrea truly making the progress that it has committed itself to in terms of the UDHR? Is it being unfairly targeted by the international community? These questions warrant an examination of some of the observations on the state of human rights in Eritrea made by treaty bodies and the Commission of Inquiry (COI) on the situation of human rights in Eritrea.

Read the rest of this entry »

Advertisements

Sexual violence against children: Are girls in Mozambique little angels or sex objects?

michael_addaneyAuthor: Michael Addaney
Student (MPhil Human Rights and Democratisation in Africa), Centre for Human Rights, Faculty of Law, University of Pretoria

Global statistics indicate that child sexual abuse is increasing with an estimated 150 million girls and 73 million boys under the age of 18 having experienced forced sexual intercourse or other forms of sexual abuse. According to the East, Central and Southern Africa Health Commission, one out of three girls in Sub-Saharan African experiences some form of sexual violence before the age of 18. In Mozambique alone, 33% of children between 12 and 15 years have been victims of sexual violence, one of the highest rates in the world.

Also, the United Nations Children’s Fund (UNICEF) observes that child prostitution is a growing concern in Mozambique. The Mozambican Ministry of Gender, Children and Social Affairs links the increased sexual violence with the country’s failure in the realisation of the child’s right to education with an estimated 36% of girls aged between 13 and 18 years married instead of being in school.

This situation is also attributed to the Mozambican civil war which weakened institutions particularly those protecting the rights and welfare of children. Despite major sector-specific strategic frameworks to combat sexual violence against children, these are often done with little consultation and coordination. This has had a deleterious effect on the enforcement of children’s rights through the existing legal and institutional arrangements.

Meanwhile, Mozambique is a state party to the Convention on the Rights of the Child (CRC), African Charter on the Rights and Welfare of the Child (ACRWC), African Charter on Human and Peoples’ Rights (African Charter), Convention on Elimination of all forms of Discrimination against Women (CEDAW) and all the relevant international human rights instruments. The domestic framework for addressing sexual violence against children includes the Children’s Act of 2008 and Juvenile Justice Act of 2008 which translate the CRC and the ACRWC into national child rights legislation.

Read the rest of this entry »


The myth of inclusive education in Botswana

Tejan DeenAuthor: Tejan Deen
Barrister, Republic of Sierra Leone; LLM Candidate at the Centre for Human Rights, University of Pretoria, South Africa

It is now eighteen years since the National Policy on the Care for Persons with Disabilities was adopted in Botswana and to date people with disabilities have only this policy that speaks to their issues. Children with disabilities, who are among the most vulnerable groups of children in Botswana, are still being handled in a ‘medicalised’ manner. These children are segregated especially in the educational system which lacks any form of inclusive education. They have an opportunity to gain formal education only in special schools, most of which are owned by non-governmental organisations such as Cheshire Foundation and Camphill Community Trust. This is completely contrary to the right to inclusive education as guaranteed in international human rights instruments particularly the Convention on the Rights of Persons with Disabilities (CRPD). Inclusive education is a method of education that gives equal opportunity to children with disabilities by guaranteeing their rights to education and creating an amiable environment to realise that right on an equally basis with other children.

Botswana currently has a Draft Reviewed National Policy on the Rights of Persons with Disabilities which has remained a draft since it was drafted in 2010. There is also the Inclusive Education Policy of 2011 which has not had any positive impact on the lives of these children as they are still completely ‘out of the picture’ of mainstream schools, and very little provisional mechanisms have been instituted to address their needs. Camphill Community Trust, for example, is located out of the city of Gaborone, which is an indication of how children with disabilities are treated in Botswana: Not fit for mainstream schools. The policy currently in force is the 1996 National Policy on Care for People with Disabilities. This is a policy with a purely medical approach that focuses on the ‘disability’ as in need of cure and rehabilitation instead of providing the necessary conditions in the society to enable children with disabilities to realise their full potentials. The word “care” implies people who should be taken care of; a social encumbrance which should be remedied through social welfare initiatives and goodwill. This situation is made worse by the fact that Botswana does not have a National Human Rights Institution which could have championed the course of the rights of these children.

Read the rest of this entry »