The perpetual endeavour: Gender-mainstreaming and sustainable development in Kenya
Posted: 20 August, 2019 Filed under: Juliet Nyamao | Tags: abuse of women, Agenda for Sustainable Development, Constitution of Kenya, discrimination, electoral violence, gender inequalities, poverty, unjust laws 6 Comments
Author: Juliet Nyamao
Human Rights Attorney, Kenyan Bar
According to Amnesty International’s Africa 2017/2018 report, women disproportionately bear the brunt of poverty. Persistent discrimination, marginalisation and abuse of women and girls, have systematically become institutionalised by unjust laws. Although the Constitution of Kenya guarantees equal rights and freedoms for both men and women, long-standing gender inequalities have significantly impeded the overall contribution of women and girls in achieving Kenya’s sustainable development agenda. Read the rest of this entry »
The impact of state surveillance and censorship of sexuality on the lives of LGB Ethiopians living in Addis Ababa
Posted: 28 January, 2019 Filed under: Selamawit Tsegaye Lulseged | Tags: Addis Ababa, African Charter, African Charter on Human and Peoples' Rights, censorship, constitution, constitutional ban, Criminal Code, discrimination, eroticism, Ethiopia, FDRE, hegemony, hetero-normative, human rights, ICCPR, ICESCR, imprisonment, International Bill of Rights, LGB, Penal Code, same-sex, same-sex sexual act, sexual minority rights, sexuality Leave a comment
Author: Selamawit Tsegaye Lulseged
African Union Human Rights Observers Mission in Burundi (formerly)
Dialogue regarding same-sex sexual act and eroticism is a recent phenomenon in Ethiopia. As is true for most African countries, in Ethiopia, there is a strong heterosexual culture that bases its legitimacy on the hegemony of masculinity. The social construction is based on the values of family that depends on traditional gender role and religious dogmas. In many discourses, lesbian, gay and bisexual (LGB) individuals are mentioned in relation to pedophilia, mental sickness and people who chose deviant sexual behavior. Thus, same-sex sexuality is not only something that is pushed under the rug, but also subjected to state scrutiny and embargo.
The constitutional problems to protect the principle of linguistic equality in Cameroon
Posted: 28 August, 2018 Filed under: Frank Maxime Yankam Lemdjo | Tags: Anglophone Cameroonians, Anglophone crisis, bijural system, Cameroon, Common Law principles, constitutional marginalization, constitutional system, discrimination, dominant francophone, linguistic equality, official languages, OHADA treaty 4 Comments
Author: Frank Maxime Yankam Lemdjo
Researcher, Peace and Security Department, African Union.
Cameroon will soon elect its next President. Whilst preparation of this important event is underway, the country is facing one of its greatest social crisis known as the Anglophone crisis. This reflection aims to point out the fact that the Constitution adopted on 18 January 1996[1] and revised by law 2008/001 of 14 April 2008[2]cemented a constitutional system that has failed to achieve one of the principles that the same Constitution guarantees: the principle of equality between Francophone and Anglophone. Article 1(3) of the Constitution states that ‘the official languages of the Republic of Cameroon shall be English and French, both languages having the same status’. The Constitution sets out the principle of linguistic equality in Cameroon, without further explanation on how this principle would be guaranteed. The same article further states that ‘the State shall guarantee bilingualism throughout the country. It shall endeavor to promote and protect national languages’. In the meantime, the preamble of the Constitution states that: ‘the State shall ensure the rights of minorities […] in accordance with the law’. But the Constitution does not provide a definition for the term ‘minorities’.
The outlaws in Malawi: The travails of sexual minorities in a Southern African country
Posted: 10 July, 2018 Filed under: Urerimam Raymond Shamaki | Tags: criminalize, discrimination, homosexuality, ICCPR, intersex, LGBTI, Malawi, Penal Code, sex reassignment surgery, sexual minorities, transgender, transsexual 1 Comment
Author: Urerimam Raymond Shamaki
Barrister and solicitor of the Supreme Court of Nigeria; LLM (Human Rights and Democratisation in Africa) Candidate
Introduction
Homosexuality is still considered a crime in many countries of the world. Malawi is one of the 33 countries in Africa and 72 in the world that still criminalises homosexuality. Although there is no direct law prohibiting homosexuality in Malawi such as is the case in countries like Nigeria with the Same-Sex Prohibition Act 2015, there are still provisions of some laws indirectly affecting homosexual activities in Malawi. This article briefly reviews some of the provisions of these laws and how they impact on the rights of sexual minorities in Malawi.
The unclear relation between Angola and its Muslim citizens and migrants: Is Angola discriminating against them?
Posted: 6 October, 2017 Filed under: Cristiano d'Orsi | Tags: Angola, Angolan Constitution, Angolan Muslims, discrimination, freedom of religion, human rights, illegal immigration, ISIS, Islamic, Islamic Community of Angola, Islamic State terror group, John Locke, Law on Religion, Manuel Fernando, religion, Rosa Cruz da Silva 2 Comments
Author: Cristiano d’Orsi
Research Fellow and Lecturer at the South African Research Chair in International Law (SARCIL), University of Johannesburg
Angola is a country where the traditional Islamic relation between Muhajirun (‘immigrants’) and Ansar (‘helpers’: locals)[1] seems not to find a fertile ground. Islam in Angola represents a minority religion, with an estimate number of proselytes amounting to approximately 1%[2] of the entire population.[3] These are mostly Sunnis who arrived in Angola from West Africa,[4] Somalia[5] and from families of Lebanese descent[6] following the end of the Angolan Civil War in 2002.
Historically, as many of these immigrants entered Angola illegally, which created the misperception of associating Islam with illegal immigration and crime (almost predominantly counterfeiting of money and money laundering), although barely any evidence of this has been proved.[7] This was affirmed by the UN Special Rapporteur on Freedom of Religion or Belief on her visit to the country in 2007.[8]
Stripped of Dignity: The Struggle for LGBT Rights in Tanzania
Posted: 17 March, 2017 Filed under: Daniel Marari | Tags: consensual sex, constitution, discrimination, equality, gender identity, hate crimes, HIV/Aids, homosexuality, imprisonment, LGBT, LGBTI, Penal Code, prosecution, sexual minorities, Sexual Offences Special Provisions Act, sexual orientation, Tanzania, unnatural offence, violence 7 Comments
Author: Daniel Marari
LLM, International Human Rights Law, Lund University, Sweden
Although the Tanzanian Constitution (1977) guarantees the right to equality and prohibits discrimination based on gender and sex, lesbian, gay, bisexual and transgender (LGBT) people still face deeply rooted hostility, prejudice and widespread discrimination in the Tanzanian society. Threats of criminal penalty, social exclusion, harassment and violence make it particularly unsafe for one to come out as an LGBT person.
At present, certain homosexual acts between consenting adult males are criminalized under the Penal Code (Chapter 16 of the laws). Under section 154 of the Penal Code, committing or attempting to commit “unnatural offences” are crimes punishable with a maximum sentence of life imprisonment and twenty years’ imprisonment, respectively. “Unnatural offence” is defined as (1) sexual intercourse with any person “against the order of nature” as well as (2) consensual sexual intercourse between a man and man or woman “against the order of nature”. The words “against the order of nature” are not statutorily defined. Also, under section 157 of the Penal Code, it is an offence punishable with a maximum of five years imprisonment for any male person, whether in public or private, to commit an act of gross indecency with another male person. By section 3 of the Sexual Offences Special Provisions Act, “gross indecency” is defined as “any sexual act that is more than ordinary but falls short of actual intercourse and may include masturbation and indecent physical contact or indecent behavior without any physical contact”. Consent is no defense to any of these offences and no distinction regarding age is made in the text of the law. As the consequence of the existence of these laws criminalizing private consensual homosexual acts, LGBT people in Tanzania live in psychological stress and unceasing fear of prosecution and imprisonment.
Read the rest of this entry »
The tragic dialectic between happiness and apartheid
Posted: 21 June, 2016 Filed under: Saul Leal | Tags: apartheid, Barnett Potters, Constitution of South Africa, democracy, discrimination, freedom, happiness, Hendrik Verwoerd, human dignity, human rights, inequality, non-racialism, non-sexism, policy of separate development, prejudice, racism, right to happiness, sadism, segregation, Steve Biko, superiority 3 Comments
Author: Saul Leal
Vice-Chancellor Postdoctoral Fellow, Institute for International and Comparative Law in Africa (ICLA)
Some political speeches announce tragedies. In South Africa, the tragedy was announced during a radio broadcast on 17 March 1961, when the people heard the following statement: “The policy of separate development is designed for happiness, security, and stability (…) for the Bantu as well as the whites”. It was the first phrase proclaimed by the Prime Minister of the Union of South Africa, Hendrik Verwoerd, in his Address to the Nation. The policy of separate development would prove to be a scandalous euphemism. Verwoerd continued to promise that “we shall provide all our races with happiness and prosperity”.[1] Verwoerd would become known as “the architect of apartheid”.
The South African Governor-General was Supreme Chief in the Transvaal up until 1956. At that time, Cape Africans were considered too advanced to be treated as an underclass. Elizabeth Landis, an American expert on Southern Africa affairs, explains that the government had to change this consideration, with the explanation that ‘if we want to bring peace and happiness to the Native population (…) then we cannot do otherwise than to apply this principle which has worked so effectively in the other three provinces, to the Native population of the Cape as well (…)”.[2] Happiness therefore becomes a scapegoat.
International human rights day: A call to Eritrea to own up to its shocking human rights record!
Posted: 14 December, 2015 Filed under: Lebogang Maxelegu | Tags: 10 December 2015, African Court of Justice and Human Rights, CEDAW, COI, Committee on the Rights of the Child, Convention on the Rights of the Child, discrimination, Eritrea, forced labour, ICCPR, international human rights obligations, MDG, situation of human rights in Eritrea, UDHR, UNHRC, United Nations General Assembly, UPR Leave a comment
Author: 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.
We must include and empower people with disabilities
Posted: 8 December, 2015 Filed under: William Aseka | Tags: 3 December 2015, Basic Education Act of 2014, constitution, Constitution of Kenya, Convention on the Rights of Persons with Disabilities, CRPD, disability, disability rights, discrimination, education, emplyment, gender, inlcusion, International Day of Persons with Disabilities, Kenya, Kenya National Survey for Persons with Disabilities, political participation, social participation, social particpation, transportation, United Nations 2 Comments
Author: William Aseka
Disability Rights Program Advisor, Kenya Human Rights Commission
Today one billion people around the world are living with disabilities. According to Kenya National Survey for Persons with Disabilities more than three million people in Kenya are living with disabilities. Many persons with disabilities have good jobs and proper education. However, far too many persons with disabilities in Kenya face barriers to inclusion in many key aspects of society. As a result, people with disabilities do not enjoy access to society on an equal basis with others, which includes areas of transportation, employment, and education as well as social and political participation. The right to participate in public life is essential to create stable democracies, active citizenship and reduce inequalities in society.
Of stereotypes and the ‘unsound mind’ clauses
Posted: 2 October, 2015 Filed under: Patricia Mwanyisa | Tags: Australian Law Reform Commission, Commonwealth Electoral Act, CRPD, disability rights, discrimination, eliminate discrimination, gender perspective, ignorance, inequality, law, mental health, mental illness, prejudice, promote equality, psychological, stereotype, stigma, tolerance, UN Convention on the Rights of Persons with Disabilities, unsound mind Leave a comment
Author: Patricia Mwanyisa
Human Rights, Justice and Rule of Law Programme Officer, Open Society Initiative for Southern Africa (OSISA)
Recently, during my studies I delved into the concept of stereotypes and their effects, albeit from a gender perspective. This academic encounter has become an important one to both my personal and professional frames of reference. I have discovered that my prior use and appreciation of the term stereotype was presumptuous, without depth and assumed familiarity. I had nonchalantly used the term often, in writing and conversation without fully appreciating the intricacies of this concept.
Quite worrying one might say, coming from a professional working on human rights, justice and equality issues – but I believe that my nonchalance is common among many of us. We tend to have a general over familiarisation with issues that form part of the realm in which we work and operate without necessarily appreciating the rudimentary theories underpinning particular terms or concepts.
So I think I deserve some credit for acknowledging my deficiency, and urge that we do not rush to deem as catastrophic such inadequacies in all circumstances because it is impossible to know everything about everything, even in your most familiar of territory. To be expected to know and fully understand each and every detail about a subject is a naïve expectation on the part of peers and an arrogant unintelligent assertion on the part of any such declarants. The universally renowned great mind Michelangelo, is remembered for his famous quote “ancora imparo” reportedly made at the age of 87 which means ‘I am still learning’ – well, so am I. So I ask for your indulgence as I share some of my learning on how stereotypes perpetuate inequality and marginalisation – you might just also learn that we all are still learning and need to keep learning.
I have learnt that stereotypes are a component of stigma. They assign negative attributes to socially salient differences forming what social identity theorists call in-group and out-group categorisation. People tend to stereotype as a means of screening people into either the in-group (us) or out-group (them) which in eventuality determines whether a group is accepted or rejected.
This categorisation (stereotyping) of other(s), provides people with a feeling of comfort and confidence based on what they are accustomed to, for predictability and personal security’s sake. Whilst it may be argued in some quarters that categorisation is useful in, for example, target marketing or planning of community and development projects among other mass planning purposes; unfortunately the cumulative effects of general categorisation and consequent stereotyping in most circumstances reinforce and perpetuate inequality.
AfricLaw 