The Changing Nature of Conflicts is putting a new strain on Human Rights
Posted: 31 January, 2025 Filed under: Michael Aboneka | Tags: abduction, adequate nutrition, Boko Haram, conflict, Convention on the Rights of the Children, DRC, education, Ethiopia, forced displacement, gross human rights violations, Israel-Hezbollah, livelihood, property, right to food, sexual violence, Somalia, Starvation, starvation tactic, Sudan, violence against children 2 Comments
Author: Michael Aboneka
Advocate of the Courts of Judicature of Uganda
There is a new shift from the conventional war of state-to-state confrontations to new forms of conflict with no clear boundaries between military and civilian spheres.[1] According to the Alert 2024 Report, 2023 recorded 36 armed conflicts the highest ever since 2014 with new cases in Ethiopia, Somalia, DRC, Sudan and Israel-Hezbollah.[2] This article explores how these new forms of conflicts have increased starvation, forced displacement and violence against children, in the face of increasing rise of non-state actors involved in conflict.
Harnessing Data for Human Rights and Sustainable Development: A Call to Action from the African Commission on Human and Peoples’ Rights
Posted: 23 January, 2025 Filed under: Hlengiwe Dube | Tags: abuse in data usage, accessible data, ACHPR, advancing human rights, Africa, African Commission on Human and Peoples’ Rights, data access, digital age, digital transformation, discrimination, economic growth, education, election processes, gender equality, governance, harnessing data access, health, human progress, poverty eradication, Privacy Concerns, privacy violations, Resolution ACHPR/Res.620 (LXXXI) 2024, sustainable development, The Africa We Want, unequal access to information, United Nations’ SDGs 1 Comment
Author: Hlengiwe Dube
Centre for Human Rights, University of Pretoria
In a world increasingly shaped by the digital revolution, data has become one of the most valuable resources for economic growth, governance, and human progress. From enhancing public service delivery to promoting political participation, the transformative potential of data is undeniable. However, the rapid advancements in technology also bring significant challenges, including privacy concerns, unequal access to information, and the potential for abuse in data usage. Considering these complexities, during its 81st Ordinary Session in November 2024, the African Commission on Human and Peoples’ Rights (ACHPR), adopted Resolution ACHPR/Res.620 (LXXXI) 2024, which seeks to promote and harness data access as a tool for advancing human rights and sustainable development in Africa.
The Deadly Intersection of Climate Change and Insecurity Hits Women and Girls the Hardest
Posted: 9 October, 2024 Filed under: Mary Izobo | Tags: Africa, climate change, climate-related disasters, climate-smart agriculture, conflict, conflict-affected regions, displacement, droughts, eco-tourism, economic opportunities, economic vulnerability, education, gender inequalities, girls, healthcare, Horn of Africa, increased hunger, insecurity, natural resources, political stability, poverty, renewable energy, resources, socioeconomic equality, violence, women, Women and Girls Leave a comment
Author: Mary Izobo
International Human Rights Lawyer, Gender Equality Advocate and Governance Expert
Introduction
In today’s world, climate change is no longer just an environmental issue. It is a catalyst for conflict and insecurity. What is often overlooked is how this toxic mix impacts women and girls the hardest, especially in fragile and conflict-affected regions. When water sources dry up, droughts wipe out crops, and the land becomes infertile, competition for dwindling resources becomes violent. Women-led and gender-sensitive climate action in Africa is key to sustainable peace, political stability and greater socioeconomic equality.
From the Sahel to the Horn of Africa to Southern Africa, climate change fuels conflicts over natural resources like land, food and water, turning communities and countries against each other. In all of this chaos, women and girls bear the brunt. The effects of climate change and insecurity exacerbate existing gender inequalities, especially in countries facing economic and social inequalities, political instability and resource scarcity.
Climate change and the 2024-2025 South Sudan National Budget Discourse: A call for the inclusion of climate adaptation budget
Posted: 15 July, 2024 Filed under: Justin Monyping Ater | Tags: adaptation strategies, climate adaptation, climate change, Climate change and the 2024-2025 South Sudan National Budget Discourse: A call for the inclusion of climate adaptation budget, climate mitigation, education, health, human rights, human rights treaties, national budget, national human rights frameworks, National Legislature, Paris Agreement, right to life, South Sudan, UNFCCC, United Nations Framework Convention on Climate Change Leave a comment
Author: Justin Monyping Ater
Law lecturer, School of Law, University of Juba, South Sudan
Introduction
On 30 June 2024, the first Undersecretary of the National Ministry of Finance and Planning of South Sudan issued a public notice announcing the end of the ‘Fiscal Year 2023/2024’. The Undersecretary further noted that the:
‘Ministry of Finance and Planning will not receive new claims until the 2024/2025 Budget is passed by the National Legislature and assented into law’.
As indicated in the notice itself, whatever is contained in it, was to be effective immediately considering the date it was issued. This is because under section 15(5) of the Public Financial Management and Accountability Act, 2011:
‘The Financial Year shall cover a period of 12 months, which shall run from 1st July to 30th June each year’.
South Africa at 30: Navigating the legacy of policy versus lived realities
Posted: 10 June, 2024 Filed under: Naledi Joyi | Tags: apartheid, coalition government, community development, democracy, democratic principles, economic empowerment, education, equality, freedom, historical injustices, human rights violations, justice, pit toilets, serious crimes, socio-economic challenges, South Africa, structural inequalities, sustainable peace, violence 1 Comment
Author: Naledi Joyi
Gender Officer, Centre for the Study of Violence and Reconciliation
After three decades of democracy, South Africa stands at a crossroads grappling with the interplay between policy aspirations and lived realities of the majority of the black population. The country boasts one of the most progressive constitutions globally because it is based on equality, freedom and justice. Yet the lived realities of its citizens leave one asking ‘what good is a constitution if it cannot be implemented?’. Although policies to address historical injustices and structural inequalities have been developed, implementation has been a challenge leaving many of the previously disadvantaged populations still disadvantaged, resulting in the country being dubbed the most unequal society in the world, with the rich getting richer and poor getting poorer. The country’s identity is closely linked with violence, entrenched in the legacy of apartheid, which used violence as a method of control.
Violence against women and girls in Africa: A global concern to ponder on International Women’s Day and beyond
Posted: 8 March, 2018 Filed under: Kennedy Kariseb | Tags: Africa, conflict, education, empowerment, feminism, girls, human rights, international human rights, international law, International Women's Day, IWD, IWD2018, pandemic, sexual violence, SRVAW, treaty, UN, United Nations, VAW, violence, violence against women, women, women's human rights, women's rights, women's rights movement 2 Comments
Author: Kennedy Kariseb
Doctoral candidate, Centre for Human Rights, Faculty of Law, University of Pretoria
It has been four decades since the United Nations (UN) observed for the first time International Women’s Day (IWD) on 8 March 1975. Although there are traces of celebration of this day, dating as far back as 1909, its formal initiation came in the wake of the first World Conference of the International Women’s Year that took place in Mexico City, Mexico. Its object, as aptly argued by Temma Kaplan, is to mark ‘the occasion for a new sense of female consciousness and a new sense of feminist internationalism’.[i]
In a sense, 8 March is meant to be a day of both celebration and reflection for women the world over: a celebration of the gains made in enhancing women’s rights and the overall status of women globally, while reflecting and strategising on the voids and shortcomings still persistent in the women’s rights discourse. The occasion of the forty-third celebration of the IWD clearly marks an opportunity for feminist introspection on the broader question of violence against Women (VAW) and its regulation under international law. This is because while VAW is not the only form of human rights abuse women suffer, it is one in which the gendered aspect of such abuse is often the most clear and pervasive.
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.
Dealing with statelessness in sub-Saharan Africa: The way forward
Posted: 13 May, 2015 Filed under: Michael Addaney | Tags: ACRWC, African Union, armed conflicts, Burundi, citizenship, civil society, conflicts, Cote d'Ivoire, CRC, Democratic Republic of Congo (DRC), economic migration, education, Eritrea, Ethiopia, Global Trends Report, health services, Kenya, Madagascar, statelessness, strategic advocacy, sub-Saharan Africa, Tanzania, UNHCR, United Nations, United Nations High Commissioner for Refugees, Zimbabwe 1 Comment
Author: Michael Addaney
Student (MPhil Human Rights and Democratisation in Africa), Centre for Human Rights, Faculty of Law, University of Pretoria
‘Statelessness is a profound violation of an individual’s human rights. It would be deeply unethical to perpetuate the pain it causes when solutions are so clearly within reach.’
– Antonio Guterres, United Nations High Commissioner for Refugees (UNHCR)
Statelessness as a legal problem has far reaching political and economic challenges which have attracted rising attention from scholars, human rights activists and international organisations in recent years. Officially, statelessness means a person who is not considered as a national by any State under the operation of its law. The UNHCR started collecting data on stateless persons in the world in 2006 and confirmed in 2011 that the number of stateless persons around the world is in excess of 10 million despite conceding that obtaining the actual statistics is difficult.
The most affected are regions that have suffered or are experiencing armed conflicts or economic migration. Large numbers of stateless population are largely due to policies and laws which discriminate against foreigners despite their deeper roots in the states concerned. For instance, more than 120 000 persons in Madagascar are stateless on the basis of discriminatory citizenship laws and administrative procedures. Moreover, about 170 000 Burundian refugees who fled their country in 1972 are recognised as stateless in Tanzania despite cogent attempts by international and local organisations to have the situation rectified.
The right to education: Children with disabilities in The Gambia
Posted: 2 October, 2014 Filed under: Sheriff Kumba Jobe | Tags: children, Children with disabilities, constitution, Convention on Rights of People with Disabilities, CRPD, disabilities, education, government, inclusive education, The Gambia 1 Comment
Author: Sheriff Kumba Jobe
Graduate, Faculty of Law, University of The Gambia
Section 30 of the 1997 Constitution of the Republic of The Gambia states, “All persons shall have the right to equal educational opportunities and facilities and with a view to achieving the full realization of that right- (a) basic education shall be free, compulsory and available to all; (b) secondary education, including technical and vocational education, shall be made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education.”
It is without doubt that the Gambia has been working toward this constitutional provision and has registered a significant gain in the area of education. The enabling environment has been created to make this fundamental right realistic by acceding and ratifying enormous international conventions such as the African Charter on Human and People Rights, African Charter on the Rights and Welfare of the Child, International Covenant on Economic, Social and Cultural Rights, Convention on Elimination of All forms of Discriminations Against Women, United Nations Convention on the Rights of Child to name just a few; and there are also domestic legal frameworks in addition to the Constitution such as the Children Act 2005 and Women Act 2010 all geared toward promoting right to education among others.
Notwithstanding of the government of The Gambia active role in promotion of children’s rights to education which is translated into the promulgation of the above named laws and building adequate schools in all the four corners of the country. There is yet a huge gap or disparity that needs to be addressed. Children with disabilities in The Gambia are confronted with challenges such as discrimination and marginalisation both in formal and informal institutions. It is therefore urgent to draw the attention of the government into the plight of these children as they equally have right to education as enshrined in the supreme law of the land and the Convention on Rights of Persons with Disabilities.
The myth of inclusive education in Botswana
Posted: 18 August, 2014 Filed under: Tejan Deen | Tags: African Charter on the Rights and Welfare of a Child, Botswana, Children with disabilities, Convention on the Rights of Persons with Disabilities, Convention on the Rights of the Child, CRPD, disability, disability legislation, education, human rights, inclusive education, National Policy on the Care for Persons with Disabilities, persons with disabilities 2 Comments
Author: 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.
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