Why Uganda’s LGBTQ court ruling is a stain on the country and the continent
Posted: 11 April, 2024 Filed under: Nimrod Muhumuza | Tags: constitutional principles, democracy, equality, homosexuality, human dignity, LGBTQ community, LGBTQ persons, mental health, right to health, right to housing, sexual orientation, social justice, Uganda, Uganda Constitutional Court Leave a comment
Author: Nimrod Muhumuza
Doctoral researcher
Introduction
Stories about “trials by ordeal” abound in Africa and worldwide. In some parts of the continent, these “trials” still exist – with predictably unjust and sometimes fatal results. Trials by ordeal are capricious and unscientific, and the overall system is poor in evaluating evidence, reasoning, and arguments and arriving at a solid judgment. Today, we have a system of courts that is supposed to bring a certain sobriety, meticulousness, reasoning, and coherent judicial philosophy that rises above the occasional hot-headedness of the legislature or the overzealousness of the executive. Regularly, the system works as it should. Other times, it does not. Careful and solid judicial reasoning can still lead to a regressive and disputed decision, and a progressive ruling may come from poor and shaky rationale. Sometimes, a regressive decision may be founded on porous, incoherent, contradictory reasoning, as illustrated by the Uganda Constitutional Court’s (Con-Court) decision on the constitutionality of the Anti-Homosexuality Act, 2023 (AHA), delivered on 3 April 2024.
From Hope to Crisis: Senegal’s Victory and Togo’s Setback
Posted: 8 April, 2024 Filed under: Nyasha Mcbride Mpani, Uncategorized | Tags: African Union's Charter on Democracy, and Governance, authoritarian regimes, changes to the constitution, constitutional change, coups, decline in democracy, democracy, discrimination, elections, fragile region, human rights abuses, pervasive corruption, restrictions on press freedom, security, Senegal, stability, Togo Leave a comment
Author: Nyasha Mcbride Mpani
Southern African project leader, Data for Governance Alliance
A few hours after 44-year-old Senegal’s President-elect Diomaye won the hotly contested elections, which had seemed impossible due to outgoing President Macky Sall’s attempt to tamper with the constitution and defer elections to November 2024, a sense of relief swept through Senegal and the region. The elections brought a sigh of relief to a region struggling with a decline in democracy, marked by excessive executive power and a rise in popular coups. His victory comes at a crucial moment and is seen as an opportunity to strengthen democracy not only in Senegal but also in West Africa. Senegal’s return as Africa’s and West Africa’s poster child for democracy is hoped for, as the region has witnessed democratic backsliding over the past years. This regression has been characterised by pervasive corruption, authoritarian regimes, restrictions on press freedom, human rights abuses, discrimination against minorities, and economic downturns, eroding public trust.
Read the rest of this entry »Beyond the ballot: AI, voter rights and the future of elections in Africa
Posted: 28 March, 2024 Filed under: Bonolo Makgale | Tags: Access to Information, AI technology, Artificial intelligence, democracy, democratic engagement, digital democracy, digital technology, digital transformation, elections, electoral fraud, Fake News, governance, inequality, information age, right to vote, socioeconomic status, technological challenge, user-friendly interfaces, voter rights, Yiaga Africa Leave a comment
Author: Bonolo Makgale
Centre for Human Rights, University of Pretoria
Introduction
The year 2024 is an extraordinary year for elections in all its hazardous glory as it sets the record for the greatest number of people living in countries that are holding elections. More voters than ever in history will be heading to the polls in at least 64 countries representing a combined population of about 49% globally. Many of these votes will test the limits of democracy, while others will be exercises in rubber-stamping and the results of which, for many, will prove consequential for years to come. Yet, these elections are taking place against the backdrop of a relentless global evolution of digital technology which has ushered in a new era of unprecedented challenges in the democratic and political space. In an era of data manipulation and the growing influence of artificial intelligence, democracy stands at a critical crossroads.
Senegal’s future hangs in the balance – #GardonsLesYeuxSurLeSénégal, West Africa’s longest-standing democracy!
Posted: 12 June, 2023 Filed under: Nyasha Mcbride Mpani, Uncategorized | Tags: Afrobarometer, civil rights, civil society organisations, constitutional term limits, death threats, democracy, democratic change, freedom of expression, human rights, injustice, one-man rule, one-party rule, rape, repression, Senegal, use of force, violent demonstrations, youth corruption Leave a commentAuthor: Nyasha Mcbride Mpani
Southern African project leader, Data for Governance Alliance
While the world is still grappling with the complexities arising from power struggles in Sudan, with two warlords vying for control, the situation in Senegal has added to the mounting problems on the African continent. Since February 2021, Ousmane Sonko, the leader of the Senegalese opposition, has faced charges of rape and of sending death threats. However, what started as a legal matter seems to have turned into a politically charged trial. Unfolding events have revealed a deeply troubling pattern of repression and injustice in Senegal.
Read the rest of this entry »Where to Zimbabwe? Another stage set for flawed elections under Mnangagwa’s leadership
Posted: 3 April, 2023 Filed under: Nqobani Nyathi | Tags: accountability, African Commission on Human and Peoples Rights, amendment of the Constitution, by-elections, constitution, Constitution of Zimbabwe, democracy, electoral disputes, Emmerson Mnangagwa, free and fair elections, government-affiliated media, Guidelines on Access to Information and Elections in Africa, human rights, Luke Malaba, peaceful resolution, Private Voluntary Organisations Bill, PVO Bill, rise to power, unlawful killings, violence, ZEC, Zimbabwe, Zimbabwe Electoral Commission 1 Comment
Author: Nqobani Nyathi
Doctoral Candidate and Project Officer, Centre for Human Rights, University of Pretoria
In 2018, and perhaps at the peak of his popularity, Emmerson Mnangagwa narrowly won a disputed Presidential election in Zimbabwe. In the aftermath, chaos ensued, and soldiers shot and killed people. No one has been held accountable so far, perpetuating an environment of impunity and fear. Mnangagwa’s unconstitutional rise to power the previous year had subverted democracy and as predicted, he has continuously demonstrated an unsettling disregard for the Constitution and the principles of democracy. Zimbabwe’s next general election is scheduled for some time this year, on a date yet to be announced. If Mnangagwa persists on his current path of undermining the Constitution, the election could lack the legitimacy necessary for a functioning democracy.
To whom it may concern: South Sudan may not be ready for elections, yet democracy cannot wait
Posted: 25 July, 2022 Filed under: Joseph Geng Akech | Tags: African expert, challenges, democracy, democratic future, Election Commission, election readiness, elections, Humanitarian relief, International Institute for Democracy and Elections Assistance, legislation, permanence of transitions, political transition, public perceptions, Revitalised Peace Agreement, security stabilisation, South Sudan, Transitional Period, United Nations Mission in South Sudan, unprepared 2 Comments
Author: Joseph Geng Akech
Assistant Professor of Law, University of Juba, and independent researcher in human rights & constitutional designs
Introduction
Early this year, Yach Garang, political science PhD student at the University of Juba authored a blog piece asking ‘will South Sudan be ready for its first democratic elections come 2023?’ According to him, certain benchmarks are critical for South Sudan’s democratic election readiness. These include security stabilisation, enactment of electoral laws, adoption of a new constitution and conduct of population census. While I agree with his ‘benchmarks’, I contend that South Sudan may not be ready for elections, but it is imperative to note that democracy cannot wait for a perfect environment.
This piece, therefore, is addressing those to whom the democratic future of the country remains a priority.
To be a healthy democratic state, Ethiopia needs Stability through Peace and Security, Inclusive Development, and Good Governance.
Posted: 5 October, 2021 Filed under: Henok Kebede | Tags: Abiy Ahmed, bad governance, corruption, democracy, economic development, economic growth, Ethiopia, ethnic violence, extreme politics, extreme poverty, fundamental rights, inclusive development, internal displacement, peace, peace and security, polarised identity, political uncertainties, political violence, poor infrastructure, respect for human rights, rule of law, security and stability, social development, socio-economic demand, Tigrian elites Leave a comment
Author: Henok Kebede
Lecturer, School of Law at Hawassa University, Ethiopia
Ethiopia is at a crossroads. Despite recorded double-digit economic growth for more than a decade, the arguably slight opening of the political space and the increasing awareness of citizens about their rights and duties, the absence of a clear path to democracy through an institutionally designed system put Ethiopia at the crossroad. Though Prime Minister Abiy Ahmed pledged to reform Ethiopia’s authoritarian state, recently, Ethiopia is going through a hysterical period of political uncertainties whereby one cannot easily venture where the country is heading. Some suggested that Ethiopia is on the right track to democracy, and Abiy Ahmed is playing the dominant role. Others reject the idea that Ethiopia is getting into democracy, saying the reform government is just as undemocratic as its predecessors; it is instead an ‘old wine in a new bottle’.
The South African local government elections and the COVID-19 pandemic
Posted: 20 September, 2021 Filed under: Tariro Sekeramayi | Tags: 2021, African Charter, African Court, Constitution of South Africa, COVID-19, democracy, Dikgang Moseneke, elections, electoral process, fairness, free and fair election, IEC, Independent Electoral Commission, Moseneke Report, municipal elections, pandemic, registration, South Africa, South African Local Government Elections, transparency, voting 2 Comments
Author: Tariro Sekeramayi
Centre for Human Rights, University of Pretoria
South Africa’s local government elections, to elect the municipal tier of government, are constitutionally mandated through section 159 of the Constitution of South Africa to take place every five years. These elections were scheduled to take place towards the end of 2021 and have been the subject of great deliberation in the nation. Conducting elections during a pandemic has been the subject of much debate on the continent and worldwide, with certain countries choosing to continue with elections amid the pandemic and others choosing to postpone their elections amid concerns of the risks involved. Nations on the continent that have held elections during the pandemic include Zambia, Malawi, Ghana, Rwanda, Uganda and Côte d’Ivoire. Given the extent of the risks of holding elections during the pandemic and mixed calls on whether to postpone or continue with elections in the nation, the Independent Electoral Commission (IEC) of South Africa ordered an inquiry commission to determine the nation’s capacity to hold free, fair elections during the initially scheduled period in October.
Constitutionalisation of public service and administration in Africa
Posted: 23 March, 2021 Filed under: Paul Mudau | Tags: accountability, administration, African Constitutions, Constitutional Reform, democracy, good governance, human rights, public administration, public policies, public service, rights of individuals, transparency Leave a comment
Author: Paul Mudau
Senior Lecturer in the Department of Public, Constitutional and International Law at the University of South Africa
‘Modern African constitutions’ produced by the recent wave of constitutional reforms that swept across Africa generally transpired in the constitutionalisation of public service and administration. Public administration is any institution with operations aimed at applying, enforcing or fulfilling public policies and programmes or undertaking public service duties as well as regulating the conduct of public servants. Public service is any service or public-interest activity provided by government under the authority of the relevant administration.
Africa is bleeding: The Anglophone crisis in Cameroon
Posted: 4 November, 2020 Filed under: Mary Izobo | Tags: #StopCameroonViolations, 24 October 2020, Anglophone crisis, autocratic, Cameroon, democracy, discrimination, economic resources, Francophones, human rights violations, inequality, Mother Francisca International Bilingual Academy Kumba, President Paul Biya, rule of law, territorial integrity Leave a comment
Author: Mary Izobo
International Human Rights Lawyer and Gender Advocate
Introduction
The failure to promote the rule of law and democracy creates an environment for conflict, often exacerbated by marginalisation, discrimination, inequality and inequity. The bitterness of citizens roused by violence is usually entrenched in lack of basic services and public infrastructure, corruption, lack of personal and economic security and lack of transparency and accountability of government to its citizens. Thus, the greatest problem of African countries is their failure to protect the economic, political, social, and cultural concerns of its people. This year, 2020 has been marred by a series of human rights violations from Lagos to Kumba, Africa is bleeding.
On 24 October 2020, at least eight children were killed, and dozens wounded by a group of armed men at the Mother Francisca International Bilingual Academy Kumba, in the Southwest Region of Cameroon. There has been a lot of attacks in Cameroon since 2016, however, these attacks have intensified dramatically.
AfricLaw 