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 2 Comments
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.
Practical challenges facing National Human Rights Institutions (NHRIs) in Southern Africa: A case of South Africa and Zimbabwe
Posted: 28 October, 2024 Filed under: Namatirayi Ngwasha, Zororai Nkomo | Tags: constitutionalism, corruption scandal, democracy, financial constraints, human rights, jurisprudence, Lancaster House Constitution, Lawrence Mushwana, National Human Rights Institutions, Nkadla debacle, Oilgate Scandal, Paris Principles, political interference, South Africa, Zimbabwe, Zimbabwe Human Rights Commission, Zimbabwe Human Rights Commission Report Leave a comment
Author: Zororai Nkomo
Centre for Human Rights, University of Pretoria
Introduction
The world over, states have the primary responsibility of ensuring that human rights are respected, protected and fulfilled. As entities who negotiate and ratify international human rights instruments, and they must create safeguard mechanisms for people to enjoy these rights.[1] States often establish national human rights institutions in line with the Paris Principles as part of the institutional architecture for the fulfilment of their international human rights obligations. In this regard in 2014, the South African Human Rights Commission Act 40 of 2013 was enacted to replace the Human Rights Commission Act 54 of 1994.[2] The coming into force of this new Act witnessed the expansion of the powers of the commission in line with the Paris Principles.
The Right to Consent: Reimagining Sexual Autonomy for Persons with Disabilities in Zimbabwe through S v Zidyengi
Posted: 18 October, 2024 Filed under: Neville Mupita | Tags: consensual relationship, Convention on the Rights of Persons with Disabilities, CRPD, disability rights, equal recognition, equality, expert evidence, High Court judgment, human rights, inclusion, mental capacity, mentally incompetent adults, persons with disabilities, psychosis diagnosis, right to autonomy, right to dignity, rights of persons with mental disabilities, S v Zidyengi, sexual autonomy, sexual choices, sexual conduct, Zimbabwe, Zimbabwe High Court 1 Comment
Author: Neville Mupita
Centre for Human Rights, University of Pretoria
On 17 July 2024, the Zimbabwe High Court handed a landmark judgment in the case of S v Zidyengi that addresses a key interplay between mental disability and sexual autonomy. This judgment poses a topic of importance under the framework of the Convention on the Rights of Persons with Disabilities (CRPD). This piece uses a human rights-based approach to analyse the High Court judgment within the CRPD’s yardstick.
The impact of internet shutdown on freedom of expression in Ethiopia
Posted: 16 October, 2024 Filed under: Fenot Mekonen Hailu | Tags: Access to Information, Access to the internet, censorship, civil unrest, conflict, democracy, electronic communications, essential information, Ethiopia, Federal Democratic Republic of Ethiopia's Constitution, flow of information, freedom of expression, fundamental freedoms, human rights, information blackout, international law, internet restrictions, internet shutdown, right to freedom of expression, UN human rights instruments 2 Comments
Author: Fenot Mekonen Hailu
LLM Candidate, Centre for Human Rights, University of Pretoria
Introduction
Access to the internet is essential for many aspects of daily life. Even though it is not explicitly classified as a human right, it is considered an enabler for the enjoyment of human rights.[1] One of the threats to internet access nowadays is internet shutdowns. An internet shutdown typically involves the deliberate disruption of internet or electronic communications, rendering them partially or fully inaccessible.[2] These shutdowns often target specific populations or regions to control the flow of information, though they can sometimes impact entire countries.[3] Despite the internet’s crucial role in communication, information sharing, and exercising fundamental freedoms, internet shutdowns have become an alarming issue across the world.[4] The internet has greatly enhanced free speech, enabling individuals to express their opinions without fear of censorship or retribution. It has also encouraged the exchange of ideas and facilitated the spread of information, benefiting society.[5] However, this fundamental right is threatened in Ethiopia by a concerning pattern of internet shutdowns. In response to protests, civil unrest, and other forms of social and political activism, the government has resorted to invasive shutdowns. These measures significantly limit citizens’ freedom of expression, impede democratic dialogue, and obstruct the flow of essential information in society, [6]leaving millions uninformed and potentially infringing on their rights to freedom of expression, access to information, assembly, and association, as well as other human rights.[7]The right to freedom of expression is protected under international law and most national constitutions. This right has evolved to encompass the internet as a vital communication medium, raising important questions about the extent to which internet access is protected under existing normative principles.[8]
Criminalisation of homelessness and poverty by Zimbabwe’s Vagrancy Act Unconstitutional and against the African Charter
Posted: 2 October, 2024 Filed under: Namatirayi Ngwasha, Zororai Nkomo | Tags: AfCHPR, African Court on Human and Peoples’ Rights, Constitution of Zimbabwe, criminal justice system, Criminalisation, criminalisation of poverty, freedom fighters, homeless, homelessness, human rights, inequality, inhumane and degrading treatment, injustice, poverty, racism, slavery, unjust laws, vagabonds, vagrancy laws, Zimbabwe, Zimbabwe’s Vagrancy Act Leave a commentAuthor: Zororai Nkomo
Centre for Human Rights, University of Pretoria
In the mid-1960s, Zimbabwe prosecuted a protracted liberation struggle officially dislodging the colonial government of Ian Smith in 1980. One of the liberation struggle’s philosophical underpinnings was to do away with unjust laws and all forms of segregation, inequality, injustice, and freedom of blacks.
Despite all the invaluable efforts by freedom fighters, Zimbabwe is among countries in Africa that are administering an archaic, draconian, and segregative colonial piece of legislation – the administration of vagrancy laws in the criminal justice system- the Vagrancy Act Chapter 10:25.
Narratives of Belonging: The Case of Chidimma Vanessa Adetshina
Posted: 30 September, 2024 Filed under: Namatirayi Ngwasha, Zekhethelo Cele | Tags: Aliens Control Act of 1973, belonging, birth country, Chidimma Vanessa Adetshina, cultural authenticity, debate on identity, Department of Home Affairs, dual heritage, dual identities, heritage, human rights, identity fraud, Immigration Act in 2002, immigration laws, immigration policies, Miss South Africa pageant, national identity, nationality, race, second-generation migrants, social exclusion, socio-economic challenges, The South African Citizenship Act of 1995, tribal affiliations, xenophobic violence 6 Comments
Author: Zekhethelo Cele
LLM Candidate, Centre for Human Rights, University of Pretoria
Chidimma Vanessa Adetshina’s nationality has sparked a significant debate on identity, belonging, and representation between South Africa and Nigeria. Allegedly born in South Africa to a Nigerian father and a Mozambican mother, Chidimma’s story resonates with many second-generation migrants who grapple with dual identities and the challenges of being fully accepted in their birth country while maintaining a connection to their heritage.
Recently crowned Miss Universe Nigeria 2024, Chidimma’s journey has been marked by both triumph and controversy. Her participation in the Miss South Africa pageant faced backlash, with some South Africans questioning her nationality and prompting an investigation by the Department of Home Affairs. The Department suggested that Chidimma’s parents might have obtained South African citizenship fraudulently, with her mother allegedly using an identity number assigned to a South African woman. This led to Chidimma’s withdrawal from the Miss South Africa pageant and set the stage for her subsequent victory in Nigeria.
Mozambique’s struggle for the freedom of peaceful assembly: A complex reality that reaps lives
Posted: 18 September, 2024 Filed under: Denise Ivone Mboana | Tags: Amnesty International, Azagaia, civil war, economic development, excessive force, Excessive Use of Force, freedom of expression, freedom of peaceful assembly, human rights, International Covenant on Civil and Political Rights, Intimidation of victims, lack of transparency, Mozambican National Resistance, Mozambique, multiparty system, peaceful assembly, peaceful protests, police suppression, Regional and International Human Rights Instruments, Restrictive Legal Framework, street protests, The Civicus Monitor, Universal Declaration on Human Rights, unrest, violence 8 Comments
Author: Denise Ivone Mboana
LLM Student, University of Sussex
Introduction
This article aims to provide a brief analysis of the freedom of peaceful assembly in Mozambique. Nestled along Africa’s southeastern coast, Mozambique has a vibrant cultural history. Nevertheless, the nation has confronted substantial challenges rooted in its colonial past and internal conflicts, notably the “16 years’ war” involving the ruling Frelimo party (in power since independence) and the main opposition Mozambican National Resistance (Renamo) party. Following the 1994 peace agreement that concluded the civil war, Mozambique transitioned to a multiparty system, enabling other political parties to participate in elections; after this period of turbulence, the country has made significant progress in recent years towards political stability and economic development.[1] However, in terms of civil participation and freedoms, The Civicus Monitor, a reputable global civil society alliance, ranks Mozambique’s status as “oppressed”[2] and recent events and the current pre-election scenario confirm this assessment. The restrictions on civil liberties, limited freedom of expression, and suppression of dissent are indicative of the challenges faced by Mozambican citizens in exercising their democratic rights.
Paris 2024 Olympics: A landmark for LGBTI athletes in global sports
Posted: 6 September, 2024 Filed under: Lakshita Kanhiya | Tags: (LGBTI) rights, anti-discrimination law, anti-discrimination principles, bisexual, Caster Semenya, fight for equality, French Constitution, French law, gay, human rights, Imane Khelif, International Covenant on Civil and Political Rights (ICCPR), international human rights law, International Olympic Committee (IOC), intersex, Key international instruments, LGBTI athletes, LGBTI culture, LGBTI persons, LGBTI rights, marked a historic event not only in sports but also in the ongoing struggle for lesbian, Paris 2024 Olympics, Penal Code, sports regulation, The Paris 2024 Olympics, transgender, Universal Declaration of Human Rights (UDHR) Leave a comment
Author: Lakshita Kanhiya
Pan-Africa ILGA
The Paris 2024 Olympics,[1] held from 26 July to 11 August 2024, marked a historic event not only in sports but also in the ongoing struggle for lesbian, gay, bisexual, transgender, and intersex (LGBTI) rights. The Olympics is a global platform where the world’s best athletes showcase their talents, but it is also a stage where issues of equality, human rights, and inclusion come into sharp focus.
AfricLaw 