Contextualising the right to development in the mineral beneficiation discourse
Posted: 17 December, 2025 Filed under: Nasubila Ng’ambi | Tags: African Charter, African Mining Vision, cultural rights, economic differences, foreign exploitation, Global North, Global South, human rights, industrialisation, infrastructural development, international monopolies, Keba M’baye, Mineral beneficiation, mineral wealth, New International Economic Order, raw commodities, sub-Saharan Africa, The Right to Development, value-added processing Leave a comment
Author: Nasubila Ng’ambi
LLM (cum laude), University of Pretoria
It’s time for Africa
Home to approximately 30% of the world’s critical raw minerals, Africa holds a highly coveted position in the low carbon transition. However, at present Sub-Saharan Africa’s (SSA) development index is an alarming 0.568, with 0.5 being the lowest index and 0.9 being the highest, demonstrating that the region is living far below the privileges that could be afforded by its resource endowments. Several African countries have taken steps to capitalise on their mineral wealth, with Malawi being the most recent African jurisdiction to impose a ban on the exportation of raw minerals.
However, what is the legal, rights-based justification for these measures? This article offers the right to development (RTD) as grounding for the recent measures taken to compel external actors to engage in domestic mineral beneficiation.
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AUCEVAWG: A missed opportunity in the fight against violence towards women and girls in Africa
Posted: 22 September, 2025 Filed under: Lakshita Kanhiya | Tags: African Union (AU) Assembly, AUCEVAWG, combat violence, Convention on Ending Violence Against Women and Girls (CEVAWG), displaced women, ensuring gender-responsive budgeting, free from violence, harmful labour, human rights, older women, questionable consultations, religious fundamentalism, right of women and girls, sexual and gender minorities, shrinking civic space, state obligations, travaux préparatoires, Vienna Convention on the Law of Treaties (VCLT), vulnerable groups, women with disabilities 1 Comment
Author: Lakshita Kanhiya
Initiative for Strategic Litigation in Africa (ISLA)
Introduction
In February 2025, the African Union (AU) Assembly adopted the Convention on Ending Violence Against Women and Girls (CEVAWG), a landmark instrument that seeks to strengthen the continent’s response to one of its most pervasive human rights challenges. The Convention affirms the right of women and girls to live free from violence (Article 2) and extends protection across both public and private spheres, including cyberspace and conflict settings (Article 3). It prescribes comprehensive state obligations from enacting laws to combat violence, ensuring gender-responsive budgeting, and establishing coordinated support services for survivors (Articles 4–5), to protecting particularly vulnerable groups such as displaced women, women with disabilities, and older women (Article 7). The text also contains progressive provisions on the world of work (Article 8), safeguards for girls against harmful labour (Article 9), preventive measures that outlaw customs or traditions invoked to justify violence (Article 10) and guarantees of access to justice and protection for human rights defenders (Articles 11–12).
State-sanctioned human rights violations in Kenya: countering repression with resistance
Posted: 29 August, 2025 Filed under: Edward Kahuthia Murimi | Tags: 2024 Finance Bill, arbitrary arrests, barbaric governance, CIVICUS, death while in police custody, enforced disappearances, extrajudicial killings, global alliance for civil society organisations, human rights, human rights violations, Kenya, Kenya’s Constitution, Multinational Security Support mission to Haiti, President Ruto, protesters, public policy, Rex Masai, right of peaceful assembly, right to life, rule of law, the right to freedom of expression, watchlist, widespread human rights abuses Leave a comment
Author: Edward Kahuthia Murimi
Advocate of the High Court of Kenya
Introduction
Kenya’s human rights situation has deteriorated in the recent past, and the state-sponsored human rights violations in the country can no longer be ignored. The global alliance for civil society organisations, CIVICUS, has recently added Kenya to its watchlist and rated the country as ‘repressed’ following what the organisation described as ‘a disturbing escalation in state-led repression of civic freedoms’. This article aims to shine a light on escalating human rights violations in Kenya in the hope that an international readership will inform some form of restraint by the authorities. It also highlights the disconnect between Kenya’s theoretical commitments to international human rights norms and processes and the blatant disregard for these same norms in practice. It argues that deliberate resistance is the most realistic response to the current onslaught on the exercise of human rights by President Ruto’s government.
Licence denied: The legal roadblocks facing deaf drivers in Africa – Reflections on Musukwa & others v Road Transport and Safety Agency
Posted: 30 June, 2025 Filed under: Jeff Barker, Michael Gyan Nyarko | Tags: adequate standard of living, African Charter, Convention on the Rights of Persons with Disabilities, CRPD, deaf drivers, dignity, disability, equal protection of the law, freedom of movement, human rights, human rights instruments, limitation of rights, public safety, right to employment, right to non-discrimination, Supreme Court of Zambia 1 Comment |
Author: Jeff Barker Intern, Institute for Human Rights and Development in Africa |
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Author: Michael Gyan Nyarko Deputy Executive Director, Institute for Human Rights and Development in Africa (IHRDA) |
Introduction
In a 2024 decision the Supreme Court of Zambia denied an application by three deaf drivers who had taken Zambia’s licensing authority to court.[1] The applicants argued that they were refused a drivers licence solely on the basis of their disability. Surprisingly, the Supreme Court of Zambia found that the licencing process was not discriminatory, and, therefore, there was no need for the government to justify a limitation of rights. The refusal to issue driver’s licences to deaf individuals has implications on several rights, including the right to non-discrimination and equal protection of the law, dignity, freedom of movement and the right to employment and an adequate standard of living, among others. The decision of the Supreme Court of Zambia therefore raises several human rights issues which are more extensively discussed by the authors in a forthcoming journal article. In this brief piece, we share some reflections on the limitation of rights under the African Charter and in particular what would be required of a state, within the African regional human rights system, to justify limiting the rights of deaf drivers?
The New Egyptian Asylum Law and the fate of LGBTIQ+ Refugees in Egypt
Posted: 16 May, 2025 Filed under: Rehim Baharu Elala | Tags: asylum seekers, civil war, debauchery, deportation, detention, Egypt, equality before the law, gender identity, homophobic nature, human rights, LGBTIQ community, LGBTQ refugees, Memorandum of Understanding, non-discrimination, refugee population, rights to privacy, same sex relationship, sexual orientation, torture, voluntary repatriation Leave a comment
Author: Rehim Baharu Elala
Human rights attorney and women’s rights advocate
The refugee population in Egypt has significantly increased following the eruption of the Sudanese civil war between the Sudanese Armed Forces (SAF) and the Rapid Support Forces (RSF) in mid-April 2023. Sudanese refugees and asylum seekers account for 68.7% of the total refugee population in Egypt[1]. Amid this crisis the Egyptian Government enacted a new asylum law in December 2024 without meaningful consultations with the refugee community, human rights organisations and other key stakeholders including UNHCR.
UNHCR was conducting the registration of asylum seekers and Refugee Status Determination (RSD) to offer protection on behalf of the government on the basis of the Memorandum of Understanding (MoU) signed in 1954. The MoU delegates a set of defined responsibilities to UNHCR including but not limited to registration, documentation, refugee status determination (RSD), resettlement (RST), voluntary repatriation, and support for vulnerable individuals, while the Egyptian Government retains the role of the issuance of residence permits for refugees[2]. Despite the backlogs in processing asylum applications, UNHCR Egypt has been the largest and most productive RSD mandate operation globally. The Egyptian government wants to take over the task without indicating a viable transition plan to establish an asylum management system in line with its international and regional undertakings.
Spotlight Turns to AI’s Role in Shaping the Future of Journalism: World Press Freedom Day 2025
Posted: 6 May, 2025 Filed under: Hlengiwe Dube | Tags: AI, algorithmic curation, algorithms, Artificial intelligence, automated fact-checking tools, automated translation, biased news, ChatGPT, critical challenges, democracy, editorial decisions, ethical responsibilities, human rights, independent media, misinformation, multilingual content distribution, real-time content moderation, transformation, transparency, World Press Freedom Day 3 Comments
Author: Hlengiwe Dube
Centre for Human Rights, University of Pretoria
On 3 May 2025, the world observed World Press Freedom Day. This annual commemoration is a reminder of the important role that free, independent media plays in protecting democracy, transparency, and human rights. It is a day for governments to reaffirm their obligation to safeguard press freedom, for journalists and media professionals to reflect on ethical responsibilities, and for the public to honour the many courageous media practitioners who have risked or lost their lives in the pursuit of truth. In 2025, the theme of World Press Freedom Day is as urgent as it is visionary: Reporting in the Brave New World – The Impact of Artificial Intelligence on Press Freedom and the Media. The theme acknowledges the profound and accelerating impact of Artificial Intelligence (AI) on the field of journalism. As AI tools become more deeply integrated into the production, distribution, and consumption of news, this transformation brings with it both groundbreaking opportunities and critical challenges that demand global attention.
‘Year of justice for Africans and people of African descent through reparations’: Can Mauritius lead by example or remain a spectator?
Posted: 26 March, 2025 Filed under: Lakshita Kanhiya, Michael Gyan Nyarko | Tags: 37th Ordinary Assembly, administration of justice, African Committee of Experts on the Rights and Welfare of the Child, African Court on Human and Peoples’ Rights, African Court Protocol, African Union, Anil Kumarsingh Gayan, beacon of democracy, colonial heritage, economic stability, historic declaration, human rights, Mauritian legal system, Mauritius, quest for justice, reparations, Year of Justice for Africans and People of African Descent Through Reparations 1 Comment |
Author: Lakshita Kanhiya Legal Associate, Initiative for Strategic Litigation (ISLA) in Africa |
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Author: Michael Gyan Nyarko Deputy Executive Director, Institute for Human Rights and Development in Africa (IHRDA) |
The Heads of States and Governments of the African Union (AU) have declared 2025 the ‘Year of Justice for Africans and People of African Descent Through Reparations’. This historic declaration, made during the 37th Ordinary Assembly held in Addis Ababa in February 2024, resonates deeply within the broader quest for justice, human rights, and the long-overdue reckoning with colonial legacies across the continent. As the continent prepares to collectively reflect on justice and reparations, it becomes imperative to critically assess the structures and systems that hinder the realisation of justice for African people. One such structural barrier lies in the reluctance of several African states, including Mauritius, to fully embrace the jurisdiction of the African Court on Human and Peoples’ Rights (African Court) through direct access for individuals and NGOs under article 34(6) of the Protocol establishing the African Court (African Court Protocol /Protocol).
Nigeria’s African Charter Act: The Question of the National Assembly’s Exclusive Legislative Competence to Enact for the Nigerian Federation
Posted: 17 February, 2025 Filed under: Oluwatosin Senami Adegun, Yeabsira Teferi | Tags: 1999 Constitution, Abacha v Fawehinmi, African Charter Act, Houses of Assembly, human rights, legislative powers, National Assembly, Nigeria, Nigerian constitutions, peoples’ rights, public institutions, socio-economic rights 1 Comment
Author: Oluwatosin Senami Adegun
Centre for Human Rights, University of Pretoria
Introduction
By section 12(1) of the Constitution of the Federal Republic of Nigeria of 1999 (1999 Constitution), for a treaty to which Nigeria is a party to have the force of law in Nigeria, the National Assembly must enact such treaty into law. This was the same provision under the Constitution of the Federal Republic of Nigeria of 1979 (1979 Constitution) which was the Constitution in force in 1983 when the National Assembly domesticated the African Charter on Human and Peoples’ Rights by enacting the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act of 1983 (African Charter Act). Section 12 of the 1979 Constitution is the same under the 1999 Constitution. For the purpose of this article, more references will be made to the 1979 Constitution being the Constitution in force when the African Charter Act was enacted.
Oil production in South Sudan: A lifeline for the economy or an infringement on children’s right to a safe, clean and healthy environment?
Posted: 22 November, 2024 Filed under: Akot Makur Chuot, Yeabsira Teferi | Tags: accountability, African Charter on Human and Peoples’ Rights, African Charter on the Rights and Welfare of the Child, business enterprises, children’s rights, Constitution of the Republic of South Sudan of 2011, deaths of children, economic interference, effective remedies, environment, environmental assessments, environmental pollution, fairness, human rights, international human rights law, legislation, Ogoni people, Oil production, oil sector, oil-fields, South Sudan, UN Guiding Principles on Business and Human Rights, violations of children’s rights Leave a comment
Author: Akot Makur Chuot
LLM Candidate, Centre for Human Rights, University of Pretoria
Introduction
Oil-operating companies have been acting carte blanche with absolute impunity in South Sudan without complying with international practices premised on human rights considerations. The human rights violations in Unity and Upper Nile States are a testimony that private businesses in the oil and gas industry are unfettered in South Sudan. As a result, the actions and omissions of oil-operating companies in South Sudan have resulted in violations of children’s rights as will be explored in section 4 of the article. This is attested by the birth of children with deformities, stillbirth and several health concerns. It can be argued that the failure of South Sudan to regulate the business enterprises in the oil sector is a breach of its obligations under international human rights law.
The struggle for prisoners’ voting rights: Analysing the constitutional right to dignity and sovereignty in Kenya
Posted: 18 November, 2024 Filed under: Uday Makokha Keya | Tags: Bill of Rights, democracy, dignity, electoral justice system, equity, fundamental freedoms, general elections, human rights, IEBC, Independent Electoral and Boundaries Commission, Kenya, principles of governance, prisoner`s right to vote, right to dignity, right to vote, Sovereignty, voting rights Leave a comment
Author: Uday Makokha Keya
Third-year law student, Kabarak University
The values on sovereignty of the people, asserted in the constitution of Kenya, imposes on the state the duty to protect, promote and fulfil citizen`s right to elect their representatives as a way of exercising their sovereignty. This right should therefore be achieved through guaranteeing citizens the right to register as voters and, consequently, to elect their leaders. The constitution provides that, every person has a right without unreasonable restriction to be registered as a voter.[1] Therefore, any limitation to the right to vote, has to be necessary,[2] and in accordance to the law.[3] The case of Kituo Cha Sharia V IEBC & 2 Others, affirmed prisoner`s right to vote and elect their representatives linking their right to vote to their dignity, and the exercise of their sovereignty.[4] To guarantee the right to vote to prisoners, they should have equally been provided with the right to register as voters and, to consequently vote in every election cycles.
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