COVID-19, Darfur’s food security crisis and IDPs: From ruins to ruins
Posted: 4 August, 2020 Filed under: Gursimran Kaur Bakshi | Tags: chemical attacks, children, conflict, COVID-19, crimes against humanity, Darfur, displacement, famine, Human Rights Watch, human tragedy, IDPs, internally displaced persons, International Criminal Court, Kampala Convention, Land of Killing, London Declaration, Omar Al-Bashir, pandemic, State-Sponsored Terrorist(SST), Sudan, war Leave a comment
Author: Gursimran Kaur Bakshi
Student, National University of Study and Research in Law, Ranchi, India
Background
Darfur, a region in the west of Sudan is known as a ‘Land of Killing’. Since 2003, more than 300 000 people have been killed, and over 2.7 million have been forcibly displaced as a result of a genocide that has left the legacy of displacement and destitution. The war was initiated by the government-backed armed groups known as ‘Janjaweed’ militants in 2003, who have been accused of systematic and widespread atrocities, such as murdering and torturing of the civilian population, including raping their women and intentionally burning their villages.
Has the COVID-19 pandemic exposed the fragility of South Africa’s constitutional democracy?
Posted: 23 July, 2020 Filed under: Paul Mudau | Tags: apartheid-era, Bill of Rights, Collins Khoza, constitutional democracy, coronavirus, COVID-19, COVID-19 pandemic, Cyril Ramaphosa, democracy, Disaster Management Act, extraordinary legal measures, Gary Pienaar, isolation measures, lockdown, lockdown regulations, National Disaster Management Centre, nationwide lockdown, pandemic, PCCC, South Africa, state of emergency, Table of Non-Derogable Rights 2 Comments
Author: Paul Mudau
PhD Candidate and Researcher, School of Law, University of the Witwatersrand
On 15 March 2020, and while owing to medical and scientific advice and with the aim of controlling and managing the invasion and the spread of the invisible enemy, the Coronavirus (COVID-19) pandemic, the President of South Africa Cyril Ramaphosa introduced extraordinary legal measures, placed the country under a nationwide lockdown and sealed its international borders. The lockdown took effect from 27 March 2020. The President simultaneously declared a national state of disaster in terms of section 27 of the Disaster Management Act (52 of 2002). Apart from the 1996 Constitution, the Disaster Management Act is applicable during lockdown together with other relevant statutes such as the Criminal Procedure Act 51 of 1977 and Prevention of Combating and Torture of Persons Act 13 of 2013. This, was followed by a series of announcements and impositions of numerous lockdown Regulations and Directives that require hygienic practices, physical and social distancing, quarantine, and isolation measures.
A dark cloud or the promise of rain: Section 25 and the fate of land restitution in South Africa
Posted: 15 July, 2020 Filed under: Ross Booth | Tags: 1913 Land Act, amendment to section 25, ANC, costly lawsuits, COVID-19, expropriation of land without compensation, inequality in land ownership, Joint Constitutional Review Committee, Joint CRC, land, Land reform, land reformation, land restitution, lockdown, property, property ownership, Section 25, South Africa Leave a comment
Author: Ross Booth
Third year LLB student, University of KwaZulu-Natal
In recent years, there have been growing calls for land reformation and a fairer distribution of property in South Africa. Many have called for what is known as the expropriation of land without compensation, while others view this as an extremely dangerous and radical procedure. Despite the differences of opinion, we are currently observing what could become one of the most significant changes to land reform in the history of SA’s democracy. Seemingly given the backseat in light of our current struggle against the COVID-19 pandemic, an amendment to section 25 of our Constitution is on the cards and could result in a variety of changes to the current state of land restitution.
As it stands, section 25 is a far-reaching provision of the Constitution that deals with security of tenure, property rights, and restitution for those previously discriminated against under colonial and Apartheid land practices. Section 25(1) begins by offering some assurance to property owners by stating:
“No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.”
Re-imagining post COVID-19 Nigeria through the lens of socio-economic rights guarantees
Posted: 9 July, 2020 Filed under: Oyeniyi Abe | Tags: African Charter, COVID-19, gas, GDP, global pandemic, human rights, impact, International Bill of Rights, Nigeria’s exports, oil, Ouagadougou Declaration, pandemics, socio-economic rights, weak health care system 1 Comment
Author: Oyeniyi Abe
Research Fellow, Centre for Comparative Law in Africa, Faculty of Law, University of Cape Town, South Africa.
The surge in susceptibility to pandemics is a threat to the existence of not only the global order but a nation state bedeviled by weak health care system and non-existent guarantees of socio-economic rights. The socio-economic impact of the COVID-19 global pandemic, has resulted into a decline in demand for the sole product of Nigeria’s exports – oil and gas, affecting Nigeria in disproportionate ways, and causing serious consequences as a result of systemic deficiencies and lack of quality health care systems. This article considers that this is an opportune time for the government to consider constitutional and realistic guarantees of socio-economic rights, amongst other things, as veritable shields against the threat of a pandemic.
The ‘forgotten tribe’: Persons with disabilities in Ethiopia and the State’s response to COVID-19
Posted: 25 June, 2020 Filed under: Dagnachew B. Wakene | Tags: ableism, African Disability Rights Protocol (ADP), COVID-19, CRPD, Declaration of State of Emergency, disability, Ethiopia, international disability treaty, Marrakesh Treaty, pandemic, persons with disabilities, PWDs, right to life, social distancing, suicide 1 Comment
Author: Dagnachew B. Wakene
Institute for International and Comparative Law (ICLA), Faculty of Law, University of Pretoria
A person with visual impairment residing in Dire Dawa – Ethiopia’s second largest city in the Eastern part of the country – was recently reported to have set himself on fire in broad daylight and in public, apparently attempting to commit suicide. His reason, as later affirmed by his neighbors and acquaintances, was that he was entirely segregated, deserted by society, including friends who, pre-COVID-19, would assist him as his guides, give him a hand to run errands and go out-and-about his daily routines. Now, owing to the COVID-19 era mantra of ‘social distancing’, no one would approach the blind man altogether, hence instilling in him a feeling of despair, abandonment, lack of self-worth, so much so that he no longer saw the need to continue living thus decided to set himself alight right there on the streets of Dire Dawa. He was rushed to the hospital afterwards, but only in vain. The man died a few days later while on treatment.
Enforcement of lockdown regulations and law enforcement brutality in Nigeria and South Africa
Posted: 23 June, 2020 Filed under: Folasade Abiodun, Mary Izobo | Tags: accountability mechanisms, apartheid, coronavirus, COVID-19, enforcement officials, human rights violations, lawlessness, lockdown, lockdown regulations, medical facilities, Nigeria, pandemic, public health, public health interest, right to freedom of assembly, South Africa, use of force Leave a comment
Author: Mary Izobo and Folasade Abiodun
(An earlier version of this article was published by Daily Maverick)
Since January 2020, COVID-19 pandemic, has held the world to ransom and has posed a threat to public health. It has put a lot of pressure on available medical facilities with a record of more than 9 million persons infected and more than 470 000 deaths globally with numbers set to increase. In order to stop the spread of the coronavirus, several countries are taking measures such as the closure of airports, seaports and land borders, isolation and quarantining of persons, banning of religious, sporting and social gatherings, closure of schools and universities, restaurants, public spaces and complete or partial ‘lockdown’ of some countries. The lockdown of countries entails complete restriction of movement as the virus is transmitted through direct contact with infected persons or surfaces. Some of these measures as well as their enforcement , have implications on the right to freedom of movement, the right to freedom of association and the right to freedom of assembly.
Cameroon at cross roads
Posted: 3 June, 2020 Filed under: Dunia Mekonnen Tegegn | Tags: Ambazonia Defense Forces, Ambazonia Governing Council, armed conflict, Cameroon, Central Africa, conflict, coronavirus, COVID-19, displaced, fleeing their home, French government, health systems, Humanitarian Access, International Humanitarian Law, violence Leave a comment
Author: Dunia Tegegn
Human rights lawyer, Ethiopia
The war in Cameroon
The conflict in Cameroon is complex. It involves different actors including the separatists Ambazonia Governing Council, which leads the Ambazonia Defense Forces. The conflict also involves Southern Cameroons Defense Force, Boko Haram and government forces. For many years, Cameroon has been considered a refuge for Boko Haram, where the organisation was tolerated by the Cameroon authorities in the sense of an unspoken mutual non-aggression pact. Since 2013, however, the organisation has extended its attacks to Cameroon itself.
Again and again, the inequality between the Anglophone and the Francophone parts of Cameroon have been the trigger for burgeoning conflicts within society. Other triggers and exacerbators of conflict are corruption and state failure, especially with regard to the education and health systems. Already after the reunification, the Anglophone part began to strive for autonomy, which has intensified since 1990. As a result, the Southern Cameroons National Council (SCNC) was founded in 1995, advocating the separation of the English-speaking part from Cameroon and the establishment of an independent “Republic of Ambazonia”. There were also demonstrations in the Francophone part of Cameroon against a possible secession.
Academics and pandemics: A student’s perspective during the lockdown
Posted: 26 May, 2020 Filed under: Ross Booth | Tags: academia, anxiety, contact learning, COVID-19, data bundles, demoralising, law, law student, LLB, lockdown, online learning, pandemic, stressful time, student, student life, students, UKZN, unemployment, work ethic, zoom calls Leave a commentAuthor: Ross Booth
Third year LLB student, University of KwaZulu-Natal
For a lot of people (including myself) the 1st of January 2020 felt like a day that couldn’t come sooner. 2019 had been an especially difficult study year with the leap from first to second year comparable to an Olympic long jump. However, what I didn’t anticipate is that 2020 would spiral into disaster, almost from the get go.
UKZN students began the year in the usual fashion – one or two introductory lectures followed by an extra two weeks of holiday as our colleagues vented their frustration at the University and NSFAS respectively. However, the SRC and relevant university officials managed to quash the unrest relatively early on and lectures slowly began to commence accordingly. In conversation with a classmate shortly thereafter, I recall uttering the phrase “the worst is over” regarding the likelihood that the strikes would continue. As is always the case, good old Murphy was eavesdropping around a corner, holding his satchel of bad luck – preparing the unthinkable. And like clockwork, a virus initially described as a strong case of the sniffles managed to globetrot its way from Wuhan to sunny Durban – taking a few pit stops on the way. With that, the university was once again closed and lectures ground to a halt.
The impact of technology on mental health during COVID-19
Posted: 22 May, 2020 Filed under: Foromo Frederic Loua, Johnson Mayamba, Mustapha Dumbuya | Tags: access to internet, anger, anxiety, costs of data, COVID-19, depressing information, depression, economic meltdown, face masks, information overload, insomnia, lockdown, movement restrictions, pandemic, South Africa, South African Depression and Anxiety Group (SADAG), stress, United Nations Development Programme (UNDP), Zoom Leave a comment
Authors: Mustapha Dumbuya, Johnson Mayamba & Foromo Frédéric Loua
As the world continues to battle the novel coronavirus, also known as COVID-19, which by 14 May 2020 had recorded more than 4 million confirmed cases globally and claiming more than 300,000 lives. One can be tempted to say that the fight might still be far from ending. Even as researchers work tooth and nail to find a vaccine, with Madagascar claiming to have found a herbal cure, some have described such efforts as more of a marathon than a sprint. In fact, the World Health Organisation (WHO) has warned that people may have to learn how to live with Covid-19 because it ‘may never go away.’
When the cases were fast-rising, governments around the world adopted various measures to contain the spread of COVID-19. On 26 March 2020, South Africa went into a 21-day total nationwide lockdown amid increasing cases of the pandemic. Other measures announced included wearing face masks and other forms of movement restrictions. The lockdown was later extended but it has since been eased since the beginning of May 2020 to ameliorate economic meltdown not only in South Africa but globally.
Apart from having a disastrous impact on economies, these measures come with a plethora of other challenges. The current social distancing policies have had a major impact on people’s lives and wellbeing, especially for those living alone or away from family and loved ones. COVID-19 related social and physical distancing could lead to a feeling of increased loneliness and depression.
The right to peaceful assembly and the COVID-19 pandemic: a threatened right; an ironic connection
Posted: 21 May, 2020 Filed under: Foluso Adegalu | Tags: Absolute prohibition, African Charter on Human and Peoples' Rights, African Constitutions, article 11, Bill of Rights, COVID-19, government, international law, national security, Non-prohibition, pandemic, Partial prohibition, peaceful assembly, physical distancing, physical gathering of persons, public safety, social distancing, The right to peaceful assembly 1 Comment
Author: Foluso Adegalu
Centre for Human Rights, University of Pretoria
The right to peaceful assembly enables individuals to express themselves collectively and to participate in shaping their societies and can be of particular importance to marginalised and disenfranchised members of society. The right to peaceful assembly entails a legitimate use of the public space. Although the exercise of the right to peaceful assembly is normally understood to pertain to the physical gathering of persons, comparable human rights protections also apply to acts of collective expression through digital means, for example online gatherings.
The right to peaceful assembly is guaranteed under both international and national laws. The right to peaceful assembly is guaranteed under article 11 of the African Charter on Human and Peoples’ Rights, which provides that:
every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.
