Climate change and children’s right to education: Exploring sustainable approaches to climate-induced heatwaves in South Sudan
Posted: 10 May, 2024 Filed under: Justin Monyping Ater | Tags: children’s right to education, children’s rights, climate change, climate change solutions, climate related deaths, climate resilient classrooms, closing of schools, heatwaves, human rights, South Sudan, South Sudan’s Constitution and Child Act 2008, sustainable strategies, United Nations Convention on the Rights of the Child Leave a comment
Author: Justin Monyping Ater
Law lecturer, School of Law, University of Juba, South Sudan
Introduction
South Sudan is increasingly becoming extremely vulnerable to climate change events such as excessive climate-induced heatwaves. Evidence suggests that this may be because the country falls under the category of the least developed Countries (LDC). These countries bear a greater burden of climate change’s adverse consequences than developed countries, yet they emit less greenhouse gases. This is because LDCs lack resources and the capacity to mitigate and adapt to climate change. The rationale also applies within a country. Each state has communities and individuals who are disproportionately vulnerable to climate change and its effects. For instance, as of 14, 15, and 16 March 2024, South Sudan’s government made considerable press releases spotlighting the disproportionate impacts of heatwaves on vulnerable groups such as children. This resulted in, for example, climate related deaths and consequently closing and re-opening of schools without strategies to keep the schools open and avoid the perpetual violation of children’s right to education. In light of this, it is argued that the government’s response of closing down schools was unsustainable. To avoid future interruption to learning, the government should adopt sustainable strategies such as the construction of climate resilient classrooms. However, in the meantime, children should be educated about climate change and its consequences to make them climate resilient. Following this introduction, the article discusses South Sudan’s obligation under international and national frameworks that provide basis for initiating and developing durable strategies to curb climate change and thereby protect children’s right to education.
Sexual and gender-violence against women in the Sudanese conflict
Posted: 22 April, 2024 Filed under: Joris Joël Fomba Tala | Tags: conflict, gender-based violence, human rights, International Covenant on Civil and Political Rights, International Humanitarian Law, rape, Rapid Support Forces, refugee women, reproductive health, Sexual and gender-violence, sexual violence, socio-economic development, Sudan, Sudanese conflict, torture, United Nations Convention against Torture and Other Cruel and Degrading Treatment or Punishment, women’s rights Leave a comment
Author: Joris Joël Fomba Tala
Researcher, Centre for International and Community Law
Introduction
The conflict that broke out in Sudan (Republic of Sudan) on 15 April 2023 between two rival military factions has had disastrous consequences for women. Dubbed the “war of the generals”, the conflict pits Sudan’s armed forces against the Rapid Support Forces (RSF). In its 2024 report, UNFPA said it was very concerned about the escalation of cases of gender-based violence in the Sudanese conflict. This particularly alarming against the background of an already dire situation of women’s rights in Sudan before the outbreak of hostilities, as the Special Rapporteur on violence against women reported about Sudan in 2016. Almost a year after, the fighting continues in the main cities of Sudan, but the fact remains that Sudan still has no functioning government. UN Women says it is “shocked and condemns reports of increasing gender-based violence in Sudan, including conflict-related sexual violence against women and displaced and refugee women”. In the same vein, UN Women Africa expressed its deep concern about the serious consequences of the Sudanese conflict on women and girls and called for immediate action against the violence they face. However, in a context of armed confrontation, it is undeniable that both parties do not respect international legal standards and commit serious violations against women and girls. This article discusses the application of the relevant legal rules for the protection of women applicable to the Sudanese conflict. The first section will identify these rules. The article will then analyse the various forms of sexual and gender-based violence prevailing against women and finally make proposals for better protection of women in the Sudanese conflict.
Threats to #EndFGM Law in The Gambia
Posted: 22 March, 2024 Filed under: Musu Bakoto Sawo, Satang Nabaneh | Tags: ACERWC, African Commission and the African Committee of Experts on the Rights and Welfare of the Child, anti-FGM campaigners, bodily integrity, cultural heritage, female circumcision, female genital mutilation, fgm, gender-based violence, human rights, Imam Abdoulie Fatty, international outcry, lack of information, legal instruments, Maputo Protocol, Private Member’s Bill, protection of human rights, religious beliefs, The Gambia, Women's Act of 2010, Women’s (Amendment) Act of 2015, Women’s (Amendment) Bill 2024, Yahya Jammeh 17 Comments |
Author: Satang Nabaneh Legal Scholar & Human Rights Practitioner |
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Author: Musu Bakoto Sawo Gambian feminist and human rights lawyer |
In 2015, The Gambia introduced legislation banning female genital mutilation (FGM) through an amendment of the Women’s Act of 2010, following decades of advocacy and sensitization efforts led by civil society organisations (CSOs) and community groups. Section 32A of the Women’s (Amendment) Act of 2015 makes it an offence for any person to engage in female circumcision. Whoever contravenes it is liable on conviction to a term of imprisonment of three years or a fine or both. The Act also stipulates a life sentence when the circumcision results in death. Section 32B (1) addresses those who commission the procedure, stipulating that ‘a person who requests, incites or promotes female circumcision by providing tools or by any other means commits an offence and is liable on conviction to imprisonment for a term of three years or a fine of fifty thousand Dalasis or both’. In addition, a fine of ten thousand Dalasis (approximately $153) as provided in section 32B (2) of the Act is levied against anyone who knows about the practice and fails to report it without a good cause.
Perpetuating Patriarchy via Polygamy: Gaps in Legal Pluralism, the case of Afar and Somali regions of Ethiopia
Posted: 15 March, 2024 Filed under: Rehim Baharu Elala | Tags: child marriage, Civil Code, Deputy Chief Commissioner for Women and Children Affairs, discrimination against women, Ethiopian Constitution, Ethiopian Human Rights Commission (EHRC), family relations, Federal Family Law, fundamental rights, Harmful practices, human rights, human rights violations, polygamy, right to equality, right to health, the right to bodily integrity, traditional practices, women’s marital rights, women’s rights Leave a comment
Author: Rehim Baharu Elala
Human rights attorney and women’s rights advocate
A Somali man should at least have three wives: one to raise the children; a second woman for the housework; and a third one whom he can beat as a warning to the others – An old Somali proverb
The above proverb reflects the societal mindset towards polygamy and the wrong perception towards women’s marital rights. This is besides the cultural and religious influences on women to engage in polygamous marriage both in the Afar and Somali regions. Inequality in the family underlines all other aspects of discrimination against women and is often justified in the name of custom or religion. To eliminate discrimination against women in all matters relating to marriage and family relations, states are expected to take all appropriate measures.[1]
The 1995 Ethiopian Constitution guarantees equal rights for women with men in marital, personal, and family matters under article 34. The frequent mention of equality of men and women in all family relations arises from the need to combat traditional practices based on customary or religious notions that perpetuate discrimination against women.[2]
A year on: Thulani Maseko’s unforgiving legacy in The Kingdom of Eswatini
Posted: 22 January, 2024 Filed under: Lakshita Kanhiya | Tags: #JusticeForThulani, assassination, call for democracy, democratic reforms, Eswatini, human rights, monarchy, oppressive laws, police brutality, pursuit of justice, Tanele Maseko, Thulani Maseko, unchecked state violence Leave a comment
Author: Lakshita Kanhiya
Human Rights Advocate
Twelve months ago, within the silent confines of his home, Thulani Maseko, a valiant advocate for human rights in Eswatini, was mercilessly assassinated before his family’s eyes. His crime? Speaking truth to power and daring to challenge the oppressive laws and unchecked state violence in the Kingdom. Reflecting on this tragic event not only underscores the absence of accountability for Thulani’s murder but also emphasises the urgent call for democracy amid the persistent fear of assassination that lingers in the air. At the heart of Africa’s struggles lies the fractured relationship between democracy and human rights, where the rule of law should stand as an unwavering guardian. Thulani Maseko, through his advocacy, embodied the essence of these principles and in reflecting on his tragic demise, it becomes apparent that Eswatini is at a crossroads, grappling with the repercussions of his absence and the persistent suppression of dissent by an unyielding monarchy.
Struggles and Triumphs: A close look at sexual and gender minority rights in Benin
Posted: 28 November, 2023 Filed under: Lakshita Kanhiya | Tags: Benin, bodily harm, discrimination, Freedom House Report, fundamental rights, gender minorities, harassment, human rights, national unity, non-discrimination, same-sex relations, sexual and gender minority rights, sexual assault, social stigma, violence, Working Group on Benin’s Universal Periodic Review Leave a commentAuthor: Lakshita Kanhiya
Human Rights Advocate
The Republic of Benin has long been considered a beacon of democracy in West Africa.[1] However, between 2016 to 2021, the country witnessed a concerning regression in human rights, as noted in the Freedom House Report of 2021.[2] Benin transitioned from a ‘free state’ to a ‘partly free state’ during this period, in terms of its democratic credentials. Despite this regression, Benin has taken significant strides in protecting the rights of sexual and gender minorities,[3] marking a notable contrast to its neighbouring countries namely Togo, Ghana, Cameroon, and Nigeria.
Lives at stake: Religion, death penalty, and the rights of sexual and gender minorities in Africa
Posted: 21 November, 2023 Filed under: Lakshita Kanhiya | Tags: Africa, Anti-Homosexuality Act 2023, capital punishment, death penalty, discrimination, harassment, human rights, ICCPR, International Covenant on Civil and Political Rights, international human rights law, moral values, religion, religious missionaries, same-sex consensual relations, sexual and gender minority rights, societal stigma, torture, violence 1 CommentAuthor: Lakshita Kanhiya
Human Rights Advocate
The African continent presents a complex landscape for the protection of human rights, where various issues intersect, including capital punishment, sexual and gender minority rights, and the influence of religion. One of the most alarming and dire challenges in this regard is the imposition of the death penalty on sexual and gender minorities,[1] a practice that fundamentally contradicts human rights principles, including the right to life and the prohibition of torture or cruel, inhuman, or degrading treatment or punishment.[2]
The Maputo Protocol: Abolitionist or tolerative approach to polygamy, in the light of Ethiopia’s reservation?
Posted: 21 August, 2023 Filed under: Meron Eshetu Birhanu | Tags: Article 650, Criminal Code, cultural norms, Ethiopia, human rights, imprisonment, lack of legal protection, Maputo Protocol, Maputo Protocol Ratification Proclamation, monogamy, polygamous marriage, polygamy, polygamy belt, religious laws, religious norms, Revised Family Code, social norms, traditional practices, women’s rights 1 Comment
Author: Meron Eshetu Birhanu
Technical Assistant, African Commission on Human and Peoples’ Rights (ACHPR)
Despite growing modernity and advocacy for women’s rights, polygamy remains a common practice embraced by social, cultural, and religious norms[1] in most parts of Africa, including Ethiopia. The highest proportion of polygamy in Africa is found in the so-called ‘polygamy belt’, which spans from Senegal in West Africa to Tanzania in East Africa.[2] According to the 2016 Ethiopian Demographic and Health Survey, 11 percent of married women in Ethiopia are in polygamous relationships, of which 9 percent have one co-wife and 2 percent have two or more co-wives.[3]
‘Afrofuturism’, Pop Culture & Mainstreaming TWAIL
Posted: 13 July, 2023 Filed under: Adithya Variath | Tags: academic exploration, Afrofuturism, Black Panther, hierarchical problems, human rights, imperialism, international law, Karal Vašák, nanotechnology, political legitimacy, popular culture, technology, theoretical frameworks, TWAIL Leave a comment
Author: Adithya Variath
Assistant Professor, Maharashtra National Law University Mumbai, India
Despite Africa’s growing geopolitical significance, its under-representation and under-participation in the discourse of international law-making is a paradox. The absence of local contexts and an indigenous approach to law has been bedevilling the culture of academic exploration and human rights law research in third-world countries. For the first world global academic circle, any effort to provide an alternative structure (like TWAIL or Afrofuturism) face hostility and resistance from European counterparts. This is also because imperialism, as a post-colonial leftover of defining the context and content of international law has penetrated the understanding and pedagogies of human rights law in Africa.
Impact of artificial intelligence on effective judicial protection
Posted: 26 June, 2023 Filed under: Jackeline Maribel Payé Salazar | Tags: access to justice, AI technology, AI-based programmes, algorithms, Artificial intelligence, automated court decisions, challenges, civil jurisdiction, COMPAS software, human rights, judge-robot systems, judicial protection, justice administration systems, predictable justice, regulatory frameworks Leave a comment
Author: Jackeline Maribel Payé Salazar
Lawyer
Introduction
Artificial intelligence (AI) makes a significant contribution to achieving timely and predictable justice. However, it is necessary to analyze the challenges that its use represents for the right to effective judicial protection. This right includes not only the right of people to access the courts of justice and to obtain a judicial decision in a reasonable period of time but also the right to obtain a decision duly motivated. This supposes that judicial decisions have to express the reasons on which they are based. In this sense, the author asks: is it possible to sufficiently guarantee the right to effective judicial protection if we use expert systems based on AI? What are the benefits of AI in the justice administration system? What is the “dark side” of AI? What are its limits, from the perspective of the right to effective judicial protection?
AfricLaw 