Transitional Justice and Women in Africa: How the Material Turn is still difficult to be seen?
Posted: 28 November, 2022 Filed under: Cristiano d'Orsi | Tags: Africa, African countries, community courts, compensatory assistance, crime against humanity, customary law, domestic instruments, domestic level, gender-based violence, Maputo Protocol, military tribunals, popular culture, rape culture, sexual violence, traditional justice systems, Transitional Justice, violations, violence, violent crime, women, women’s rights Leave a comment
Author: Cristiano d’Orsi
Research Fellow and Lecturer at the South African Research Chair in International Law (SARCIL), University of Johannesburg
As envisaged in the 2003 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), transitional processes should recognize the gendered nature of conflicts in which women are affected disproportionately, both directly and indirectly, by violence (see, for example, Article 10 –Right to Peace- and Article 11 –Protection of Women in Armed Conflicts-).[1] However, gender concerns in Africa have been rarely incorporated into Transnational Justice (TJ) through mainstreaming gender as a crosscutting issue. The nature of the violations to which women are usually subjected on the continent, and the impact of such violations on them, means that the issue of women and TJ should be treated on its own. Nevertheless, there is still a long way to go to comply with this measure. Normally, states emerging from conflicts or authoritarian repression should ensure women’s representation and participation at all stages of TJ processes by writing women’s participation into peace agreements and TJ laws and policies. Nevertheless, seldom has this been the case in Africa.
Climate change and internal displacement
Posted: 14 July, 2022 Filed under: Bernice Asante, Meron Eshetu Birhanu, Zanele Christine Fengu | Tags: climate change, climate policies, climate refugees, climate-related displacement, conflict, gender-based violence, global justice, human trafficking, IDPs, internal displacement, Kampala Convention, medical services, mental health, vulnerable communities Leave a comment
Authors: Zanele Christine Fengu, Meron Eshetu Birhanu and Bernice Asante
“Internal Displacement and climate change are both highly complex phenomena. In the public debate we often hear about ‘climate-related displacement’ or even ‘climate refugees’, and very often this is done with a note of alert”.
The Global Classroom on Human Rights recently held its annual meeting, which was hosted by the Centre for Human Rights, University of Pretoria with Internal Displacement as its theme. The programme featured enlightening presentations from members across the world who reflected on legal and non-legal approaches to the matter. A key message which came from the engagement was the need to adopt a climate justice approach to climate change and how our legal frameworks could embody this principle.
Inclusive national dialogue and accountability for rights violations can heal Ethiopia from a culture of impunity
Posted: 16 May, 2022 Filed under: Dunia Mekonnen Tegegn | Tags: (CEDAW), abduction, accountability, anxiety, conflict, Convention on the Elimination of Discrimination against Women, crimes against humanity, Criminal Code, depression, Ethiopia, Ethiopia’s National Defense Force, gang rape, gender-based violence, impunity, International Criminal law, mental health problems, sexual violence, sexually transmitted diseases, Tigray People Liberation Front, transitional periods, unwanted pregnancy 2 Comments
Author: Dunia Mekonnen Tegegn
Human Rights Lawyer and Gender equality advocate
On 3 November 2020, conflict broke out between the Tigray People Liberation Front and Ethiopia’s National Defense Forces when the Tigray People Liberation Front assaulted the Northern command. Due to the conflict in Ethiopia, women and girls continue to bear the brunt of the cruel and inhuman acts committed by all parties involved in the conflict for the last 17 months. Many have lost their lives, suffered sexual violence, been displaced, and starved. Young girls, women living with disability, older women, and refugee women have been the target of brutal sexual violence. These crimes are horrific in nature as they represent the level of vengeance and humiliation pursued by actors to the conflict. Reports have highlighted the extent of these violations and implicated all sides to the conflict in war crimes and crimes against humanity. Read the rest of this entry »
The Status of Women’s Reproductive Rights in Africa
Posted: 11 March, 2022 Filed under: Satang Nabaneh | Tags: Beijing Declaration, essential services, female genital mutilation, gender-based violence, HIV, human rights instruments, lack of information, Maputo Protocol, maternal mortality, Sexual and reproductive health, sexual and reproductive rights Leave a comment
Author: Satang Nabaneh
Post-doctoral Fellow, Centre for Human Rights, University of Pretoria
Sexual and reproductive health and rights has been recognized to be embodied in human rights instruments. The achievement of sexual and reproductive health relies on realizing sexual and reproductive rights. This means that States have general obligations to respect, protect and fulfill these rights. Despite these obligations, violations of women’s sexual and reproductive health and rights are evident, including denial of essential services such as obstetric care, lack of high-quality care, access to safe abortion, female genital mutilation (FGM), and early marriage. With regard to HIV infections, the WHO African region remains the most severely affected, with nearly 1 in every 25 adults (3.6%) living with HIV and accounting for more than two-thirds of the people living with HIV worldwide.
Towards eradicating female genital mutilation in Nigeria
Posted: 3 September, 2021 Filed under: Dunia Mekonnen Tegegn | Tags: abuse, abuse of women, Africa, child marriage, clitoris, cultural relativism, domestic violence, federal law, female genital mutilation, fgm, FGM/C, fistula, GBV, gender-based violence, Harmful practices, harmful traditional practices, human rights, indigenous areas, international call, maternal mortality, Nigeria, protection, psychological violence, sexual violence, socioeconomic violence, traditional circumcisers, Type II, vagina, violence, women's rights Leave a commentAuthor: Dunia Mekonnen Tegegn
Human Rights Lawyer and Gender equality advocate
Nigeria is home to over 180 million people, 49.4% of whom are female. Along with the rest of the population, the Nigerian female population will experience dramatic increases in size by 2050. As far as violence against women is concerned, federal law addresses sexual violence, physical violence, psychological violence, harmful traditional practices, and socio-economic violence. The law also cites spousal battery, forceful ejection from the home, forced financial dependence or economic abuse, harmful widowhood practices, female genital mutilation/cutting (“FGM/C”), other harmful traditional practices, substance attacks (such as acid attacks), political violence, and violence by state actors (especially government security forces) as offenses.
A 2019 survey on domestic violence found that 47% of respondents had suffered from domestic violence or knew someone who had; 82% of respondents indicated that violence against women was prevalent in the country. Police often refused to intervene in domestic disputes or blamed the victim for provoking the abuse. In rural areas, courts, and police were reluctant to intervene to protect women who formally accused their husbands of abuse if the level of alleged abuse did not exceed local customary norms.
Uganda’s new Sexual Offences Act fails to address the toxic culture of victim blaming
Posted: 2 July, 2021 Filed under: Elizabeth Kemigisha | Tags: consent, gender-based violence, girls, justice, sex, sexual activity, Sexual and Gender-Based Violence (SGBV), sexual assault, sexual crimes, sexual offences, Sexual Offences Act, Sexual Offences Bill, sexual violence, sgbv, toxic, Uganda, victim blaming, victims, women, women's human rights, women's rights 1 Comment
Author: Elizabeth Kemigisha
FIDA Uganda
On 3 May 2021, Uganda’s Parliament passed the Sexual Offences Act, 2021. This Act – which has been 21 years in the making – can be applauded for increasing protection and redress to survivors of sex-related crimes. The majority of MPs supported the Bill and its core purpose of combating sexual violence and consolidating laws of sexual offences, providing for punishment of perpetrators of sexual offenses, providing for procedural and evidential requirements during trial of sexual offences and other related matters. Many of the MPs agreed that if passed the Bill would fill the gaps that exist in the current laws making the legal framework more adequate and aligned with the international human rights standards that Uganda ascribes to. However, the final version of the Bill which was passed falls short of these international standards for the protection of human rights – and the rights of women in particular – on various fronts, including in its limited definition of rape, its failure to recognise marital rape and the criminalisation of false sexual accusations.
African countries need to ensure that the health of refugees is protected during the COVID-19 pandemic
Posted: 21 June, 2021 Filed under: Omotunde Enigbokan | Tags: accessing healthcare, Africa, African Commission, coronavirus, COVID-19, gender-based violence, government, health care, health services, human rights, pandemic, refugees, status, UN, UNHCR, vaccination, women, World Health Organisation, World Refugee Day Leave a comment
Author: Omotunde Enigbokan
Centre for Human Rights, University of Pretoria
The protection of the right to health for refugees in Africa requires urgent attention, especially in this period when evidence shows that new variants of the coronavirus are spreading. As we celebrate World Refugee Day on 20 June 2021, and against the backdrop of the UNHCR’s theme ‘Together we heal, learn and shine’, it is pertinent that we interrogate how African countries are ensuring that the right to health for refugees, is guaranteed. This is particularly important with the development of COVID-19 vaccines worldwide, and in the onset of the administration of these vaccines in Africa.
Challenges faced by refugees in Africa
Existing research underlines the need for heightening refugees’ access to health facilities. Research further shows that refugees have been particularly hard hit by the COVID-19 pandemic in Africa. This situation is further compounded by the fact that many refugees live in overpopulated camps or reception centres, where they lack adequate access to health services, clean water and sanitation. This makes them more vulnerable to contracting COVID-19.
Accelerating efforts to combat the rise of sexual and gender-based violence in Kenya
Posted: 17 December, 2020 Filed under: Juliet Nyamao | Tags: #Hear Me Too, #MeToo, #Orange the World, #Times Up, 16 Days of Activism against Gender-Based Violence, 160 girls project, Beijing Declaration and Plan of Action, gender-based violence, Kenyan Constitution, Kenyan Penal Code, Maputo Protocol, sexual and reproductive rights 2 Comments
Author: Juliet Nyamao
Human Rights Attorney, Kenyan Bar
16 Days of Activism against Gender-Based Violence is an international campaign that runs yearly from 25 November, the International Day for the Elimination of Violence against Women, to 10 December, International Human Rights Day. The period is observed in many African countries including Kenya, culminating in a colorful thematic event on the last day of the campaign. During this period, governments may reevaluate their national policies and action plans to completely eradicate practices that discriminately affect women in the community. This campaign provides an opportune moment to create awareness, on a worldwide scale, of the prevalence of sexual and gender-based violence (SGBV) and to galvanise support to curtail its escalation to pandemic proportions.
A call to action: Protecting women’s rights in Sub-Saharan Africa during COVID-19 pandemic
Posted: 20 April, 2020 Filed under: Juliet Nyamao | Tags: Burkina Faso, Cameroon, coronavirus, Cote d'Ivoire, COVID-19 outbreak, equality, gender-based violence, Ghana, human rights, informal employment, International Health Regulations (2005), international obligations, John Hopkins University Corona Virus Resource Center, Kenya, pneumonia, protection of human rights, public health emergency, rule of law, Senegal, South Africa, stringent policies, tax relief measures, unemployment funds, WHO Regional Office for Africa Report, women, women's rights, World Health Organization, Wuhan City Leave a commentAuthor: Juliet Nyamao
Human Rights Attorney, Kenyan Bar
On 31 December 2019, The World Health Organisation (WHO) was alerted to several cases of pneumonia in Wuhan City, Hubei Province of China. One week later, on 7 January 2020, Chinese authorities confirmed that they had identified a novel coronavirus as the cause of the pneumonia. Following this discovery, China witnessed unprecedented increase in morbidity and mortality rates of victims of the virus. Ultimately, the Director-General of WHO, Dr Tedros Adhanom Ghebreyesus declared the COVID-19 outbreak a public health emergency of international attention under the International Health Regulations (2005), following recommendations from the members and advisers to International Health Regulations (IHR) Emergency Committee for Pneumonia. Although measures were taken to halt international travel the virus had already spread to other regions of the world including Africa. According to the John Hopkins University Corona Virus Resource Center, the pandemic has had devastating effects in Europe, Asia and the Americas with mortality rate of more than 100,000 people, with a total of more than 1.7 million confirmed cases worldwide.
#IAmToufah makes the message clear: We are not going to wish the rape crisis away
Posted: 25 July, 2019 Filed under: Satang Nabaneh | Tags: #IAmToufah, #Jammeh2Justice, #TimeIsUp, culture of rape, Fatou ‘Toufah’ Jallow, gender-based violence, human rights abuses, President Jammeh, rape, sexual crimes, sexual violence, The Gambia, women's rights, Women’s Act 2010 Leave a commentAuthor: Satang Nabaneh
Project Officer, Women Rights Unit, Centre for Human Rights, University of Pretoria
In dealing with past human rights abuses and upholding standards of respect for human rights, The Gambia’s transition from an abusive regime to democracy must also entail justice for victims of gender-based violence. Consequently, the most illustrative example of addressing sexual violence being part of the democratisation of society happened last month when 23-year-old former beauty queen, Fatou ‘Toufah’ Jallow accused former President Jammeh of rape.
Toufah detailed her story from the starting point of winning the state-sponsored beauty pageant in 2014 when she was 18 years old. Over the next few months, Jammeh lavished her with cash gifts and other favors including installation of running water in her family house. She was offered a position as a “protocol girl,” to work at the State House, which she declined. She also turned down his marriage proposal. During a pre-Ramadan Quran recital at State House, Jammeh locked her in a room and told her: “There’s no woman that I want that I cannot have.” She said that he then hit and taunted her, injected her with a liquid, and raped her. Days later, she fled to neighboring Senegal.
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