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.
Making policy changes on the domestic level: a critical exposition of the Convention of the Rights of Persons with Disabilities (CRPD)
Posted: 9 February, 2021 Filed under: Oludayo Olufowobi | Tags: affirmative action, charity approach, Convention of the Rights of Persons with Disabilities, CRPD, disability, Discrimination Against Persons with Disabilities, domestic level, economic empowerment, human rights, inclusion, inclusivity, infrastructural deficits, legislation, Nigeria, poverty, PWDs, SDGs, Sustainable Development Goals, United Nations Leave a comment
Author: Oludayo Olufowobi
Law student, University of Lagos
Fifteen percent of the world population experience some form of disability, with between 110 million and 190 million people experiencing significant disabilities. Persons with disabilities are more susceptible to experiencing more adverse socio-economic or living conditions compared to others. The Convention on the Rights of Persons with Disabilities (CRPD) aims to bridge this gap. At the domestic level, persons with disabilities are most times subjected to live as second-class citizens. Discriminatory practices in our society and deficits in inclusive infrastructure exacerbate this problem. It is against this premise that this article seeks to explore the peculiarities of the Nigerian landscape, taking into account its plaguing insecurity, infrastructural deficits, and lapses in the protection of the human rights of persons with disabilities. There is a focus on the Discrimination Against Persons with Disabilities (Prohibition Act) 2018 vis-a-vis the government’s quest to realise the objectives of the CRPD.
Re-imagining post COVID-19 Nigeria through the lens of socio-economic rights guarantees
Posted: 9 July, 2020 Filed under: Oyeniyi Abe | Tags: African Charter, COVID-19, gas, GDP, global pandemic, human rights, impact, International Bill of Rights, Nigeria’s exports, oil, Ouagadougou Declaration, pandemics, socio-economic rights, weak health care system 2 Comments
Author: Oyeniyi Abe
Research Fellow, Centre for Comparative Law in Africa, Faculty of Law, University of Cape Town, South Africa.
The surge in susceptibility to pandemics is a threat to the existence of not only the global order but a nation state bedeviled by weak health care system and non-existent guarantees of socio-economic rights. The socio-economic impact of the COVID-19 global pandemic, has resulted into a decline in demand for the sole product of Nigeria’s exports – oil and gas, affecting Nigeria in disproportionate ways, and causing serious consequences as a result of systemic deficiencies and lack of quality health care systems. This article considers that this is an opportune time for the government to consider constitutional and realistic guarantees of socio-economic rights, amongst other things, as veritable shields against the threat of a pandemic.
Lack of consultation led to persons with disabilities being neglected in the COVID-19 response
Posted: 18 May, 2020 Filed under: Maluta Mulibana | Tags: Autism South Africa, coronavirus, COVID-19, CRPD, disability rights coordinating mechanisms, disaster management response, essential services, functional speech, government, homeless persons, human rights, lockdown, pandemic, persons with disabilities, social communication, UN Convention on the Rights of Persons with Disabilities 20 Comments
Author: Maluta Mulibana
Centre for Human Rights, University of Pretoria
The South African Government, a signatory to the UN Convention on the Rights of Persons with Disabilities (CRPD), neglected the inclusion of persons with disabilities in their COVID-19 disaster management response. As a response to the COVID-19 pandemic, the president of South Africa announced a “lockdown” of the country with effect from the 27 March 2020. According to the “lockdown” regulations, all persons must stay at home, unless they are essential services workers or they go out to access such essential services. Before then, several COVID-19 disaster management committees were established without the inclusion of the disability rights coordinating mechanisms.
While the UN CRPD provides for the consultation of persons with disabilities in its preamble and in article 33 on National Implementation and Monitoring, the government of South Africa neglected the inclusion of its national, provincial and local disability rights coordinating mechanisms, resulting in disability issues being neglected in the coronavirus disaster management response.
A cry for help: The COVID-19 pandemic and digital inequalities
Posted: 8 May, 2020 Filed under: Ayodeji Johnson | Tags: coronavirus, COVID-19, digital divide, educational inequalities, human rights, pandemic, poverty eradication, social disruption, social distancing, sustainable development, technological initiatives, unequal access 1 Comment
Author: Ayodeji Johnson
Communications and Advocacy Intern, Centre for Human Rights, University of Pretoria
The COVID-19 pandemic has triggered the current unprecedented times. The coronavirus has ravaged the world as it cuts across sex, age, race, class, and ethnicity in its vicious attack. Currently, almost 4 million cases with at least 270 000 deaths worldwide due to the pandemic.[1] The aforementioned numbers are frightening and has caused the world to slowly move away from public and shared interactions to physical and social distancing, isolating in their homes. While the need for this physical distancing is undeniable as a way to potentially save lives, this forced isolation has also meant that work and particularly study has been confined to homes.
Digital solutions for African elections in the time of COVID-19
Posted: 22 April, 2020 Filed under: Marystella Auma Simiyu | Tags: 2020 African election calendar, African Charter, African Charter on Human and Peoples' Rights, Article 25, coronavirus, COVID-19, e-voting, ECOWAS, election, Election Management Body, emergency powers, Estonia, fair elections, free and fair elections, Guinea, human rights, ICCPR, International Covenant on Civil and Political Rights, Mali, mitigation measures, postpone, PPE, public emergency, referendum, social distancing measures, South Korea, voters, voting, World Health Organisation Leave a comment
Author: Marystella Auma Simiyu
Centre for Human Rights, University of Pretoria
According to the 2020 African election calendar, at least 23 countries had scheduled a presidential, legislative and/or local election. As of 20 April 2020, 10 of these countries including South Africa, Tunisia, Nigeria, Zimbabwe, The Gambia, Cameroon, Libya, Ethiopia, Kenya and Ghana had been forced to postpone these elections and other electioneering activities due to the risk and uncertainty posed by the COVID-19 pandemic that has upended ordinary socio-economic and political activities.
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 comment
Author: 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.
Democracy in times of COVID-19: a time for introspection?
Posted: 8 April, 2020 Filed under: Eduardo Kapapelo | Tags: Angola, basic services, China, COVID-19, democracy, global pandemic, government, health systems, human rights, Hungary, inequality, Institutions, lockdown, massive corruption, militarised society, national lockdowns, pandemic, political system, politics, WHO, World Health Organization Leave a comment
Author: Eduardo Kapapelo
Centre for Human Rights, University of Pretoria
My father used to say ‘politics must be conducted in a country which is open, a country which has the space for deliberation and opposing views’. He added that ‘politics must be conducted in a country which is mature’. We find ourselves in challenging times, times in which the openness and maturity of our countries are being tested.
A scale we can use to test the openness and maturity of our institutions is to interrogate (i), the nature our institutions; and (ii) the quality of our institutions. In regards to their nature we can reflect on how they are structured, what they look like on paper, and how they actually function in reality. As regards quality, we can reflect on how institutions respond to stress – how they respond to the demands of the people and whether they are mature enough to understand that when individuals take to the streets in the exercise of their human rights demanding better quality of life, they are not challenging the State, but rather exercise their constitutional right to be heard.
The AU’s initiative on silencing the guns and human rights: the missing link
Posted: 2 April, 2020 Filed under: Ayalew Getachew Assefa | Tags: African Union, AU, AU Constitutive Act, AU Master Roadmap, AUMR, conflict, conflict-free Africa, human rights, human rights violations, peace, peace and security, Peace and Security Council, PSC, silencing the guns, Solemn Declaration Leave a comment
Author: Ayalew Getachew Assefa
African Committee of Experts on the Rights and Welfare of the Child
The African Union (AU) has designated its theme for the year 2020 to be on ‘Silencing the Guns: Creating Conducive Conditions for Africa’s Development’. The theme is informed by prior initiative that the Union has established mainly during the occasion of the OAU/AU 50th anniversary, where the Heads of State and Government adopted a Solemn Declaration, in which they expressed their determination to achieve the goal of a conflict-free Africa by ridding, among other things, human rights violations from the continent. Following the commitment expressed through the Solemn Declaration, the Peace and Security Council (PSC), in 2016, developed an AU Master Roadmap of Practical Steps to Silence the Guns in Africa by Year 2020 (AUMR), which eventually was endorsed by the Assembly of Heads of States and Governments (Assembly) in 2017.
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.
