Towards eradicating female genital mutilation in Nigeria

DuniaMekonnenTegegnAuthor: 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.

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Child marriages in Zimbabwe and the failure by the State to fulfil its obligations to protect the rights of children

Nqobani-NyathiAuthor: Nqobani Nyathi
Researcher, Centre for Human Rights, University of Pretoria

Introduction

Recently, there have been reports about a 14-year old child who died during childbirth. The reason why such a tragedy happened and may continue to happen is the State’s failure or unwillingness to eradicate child marriages. This article seeks to outline Zimbabwe’s legislative framework regarding child marriages and its obligations in terms of international law.

The legal position

Child marriage is illegal in Zimbabwe as held by Zimbabwe’s Constitutional Court. In January 2016, the apex court rightly found that the legislative provisions legalising child marriages were inconsistent with the Constitution of Zimbabwe. The Constitution has fairly strong provisions promoting and protecting the rights of children, including the right to be protected from sexual exploitation or any form of abuse. The Court also observed that historically there has been a “lack of common social consciousness on the problems of girls who became victims of early marriages.”

The fact that child marriages had to be declared illegal through litigation exposes this lack of common social consciousness. Zimbabwe had been clinging to the archaic law legalising the marriage of children in terms of both the Marriage Act 81 of 1964 and the Customary Marriages Act 23 of 1950.

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Why Angola should ratify the African Protocol on the Rights of Persons with Disabilities: Beyond the legal imperative

Author: Eduardo Kapapelo
Centre for Human Rights, University of Pretoria

One of the main objectives of international and regional law is to ensure the widest scope of human rights and welfare. It has been reasoned that when the physical and mental health of individuals is promoted and safeguarded societies have a better chance of establishing peaceful societies in the aftermath of violent conflict.

Some of the earliest literature has identified that a significant proportion of military casualties are psychological. Such literature which has focused heavily from the perspective of soldiers who have had to fight and ultimately kill on the battlefield to a large extent neglected to adopt a wider scope – to include the civilian population who often receives the brunt of such violence in war-time.

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Reflecting on the South Sudan we want: 10 years on after independence

Joseph-Geng-AkechAuthor: Joseph Geng Akech
South Sudanese human rights lawyer and LLD candidate, University of Pretoria, South Africa

Summary

New nations struggle to find their route to stability, and they have the opportunity to learn from those which have already travelled the path towards nation-building. The birth of South Sudan was received with joy, far and wide, as it emerged out of decades of sacrifices for principles that every South Sudanese believe in – justice, liberty and prosperity. The  hard-won new State was born with much hope, but it rapidly became a monster of its own making. Consumed by  senseless wars, endemic corruption and underdevelopment – iniquities which fomented popular resistance and drove the need for secession.

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How would international human rights law deal with a potentially automized future?

Author: Eduardo Kapapelo
Centre for Human Rights, University of Pretoria

Introduction

In a scene from Jonathan Mostow’s Terminator 3: Rise of the Machines, the ‘Terminator’ played by Arnold Schwarzenegger says, ‘Cybernet has become self-aware’. While the context of such words are within a scripted science fiction world, they nevertheless seem to be echoes of a futures we seem to be writing – whether willingly or not.

While Mostow’s ‘killer robots’ or ‘terminators’ –  are essentially autonomous weapons systems sent through time to kill a person seems farfetched and squarely within the realm of science fiction, perhaps it is not life imitating art, but art imitating life. The United States Future Combat System Project which aimed to manufacture a ‘robot army’ seems to have hinted that the future might not be as fictitious as we think.

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The promises and limitations of law in guaranteeing freedom in Africa: The right to a Revolution

Author: Eduardo Kapapelo
Centre for Human Rights, University of Pretoria

One of the main objectives of international and regional law is to maintain peace and security. It has been reasoned that where there is peace and security, humanity stands a better chance to protect individual rights and freedoms. On account of the importance of peace and security at national, regional and international level, States agreed to criminalize those who engage in violent conduct or seek to change governments through the use of violent force. Yet, is it a coincidence that in many dictatorial governments with atrocious human rights records, opposition leaders are often charged of attempting to unconstitutionally change the government of the day? This contribution seeks to discuss the right to a just-revolution and how existing laws promise freedoms but is limited in delivery when it comes to dictatorial governments. In this contribution, a just-revolution is defined as a revolution to overthrow a government of the day whose rule is characterised by gross human rights violations or international crimes such as crimes against humanity and genocide. Do citizens have a right to a just-revolution?

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African countries need to ensure that the health of refugees is protected during the COVID-19 pandemic

Omotunde-EnigbokanAuthor: 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.    

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Constitutionalisation of public service and administration in Africa

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.

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Making policy changes on the domestic level: a critical exposition of the Convention of the Rights of Persons with Disabilities (CRPD)

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.

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Re-imagining post COVID-19 Nigeria through the lens of socio-economic rights guarantees

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.

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