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.
A Decade of Constitutionalised Right to Access Information in Morocco: Reflections on the Progress and Challenges
Posted: 3 July, 2024 Filed under: Reda Benkhadra | Tags: biennial anti-corruption plan, chafafiya.ma, Commission for the Right to Access Information, constitutionalisation, ight to access information, International Covenant on Civil and Political Rights, legislative framework, Model Law, Morocco, politico-militant sphere, Press and Publishing Law, Protection of Personal Data, right to access administrative records, right to information 1 Comment
Author: Reda Benkhadra
Researcher
Originally limited and considered as a right to access administrative records, the right to information has evolved over time to become a key element in strengthening good governance and institutional transparency. By endorsing foundational texts such as Article 19 of the International Covenant on Civil and Political Rights and Article 10 of the United Nations Convention against Corruption (UNCAC), member states have committed to advancing the recognition of this right. In fact, the UNCAC calls upon state parties to take appropriate measures in accordance with their domestic laws to ensure the right to information and facilitate its access.
Proactive disclosure of information post the 2013 Model Law on Access to Information: Assessing the compliance of the Zimbabwe Electoral Commission with the Guidelines on Access to Information and Elections in Africa and the Declaration on Principles of Freedom of Expression in the 2023 harmonised elections.
Posted: 21 June, 2024 Filed under: Idirashe Amanda Chikomba | Tags: Access to Information, African Charter on Human and Peoples Rights, Constitution of Zimbabwe, Cyber and Data Protection Act, Declaration on Principles on Freedom of Expression, Electoral Management Bodies, Guidelines on Access to Information in Africa, International Covenant on Civil and Political Rights, Model Law on Access to Information, national security, Presidential Proclamation, public accountability, right to access information, transparency, ZEC, Zimbabwe, Zimbabwe Electoral Commission Leave a comment
Author: Idirashe Amanda Chikomba
Human rights lawyer
Introduction
Regional and international instruments guarantee the right to access information. Article 9 of the African Charter on Human and Peoples Rights (African Charter) and Article 19 of the International Covenant on Civil and Political Rights (ICCPR) provide for the right to access and receive information. Both treaties have been ratified by Zimbabwe. Section 62 of the Constitution of Zimbabwe, 2013 (the Constitution) also guarantees the right to access information. The provision enunciates access to information to every Zimbabwean citizen or permanent resident, including juristic persons and the media. The duty bearers are outlined as any institution or government agency for purposes of public accountability.
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.
Stepping Away from Traditional Sentencing: Exploring Alternative Punishment Methods in Ethiopia to Reduce Prison Overcrowding
Posted: 18 April, 2024 Filed under: Henok Wolka Worsiso | Tags: Alternative Punishment Methods, community service, compulsory labour, Criminal Code of Ethiopia, economic impact, Ethiopian justice system, financial burden, High incarceration rates, International Covenant on Civil and Political Rights, less serious crimes, low-level crimes, Prison Overcrowding, probation, rehabilitation, social welfare, Stepping Away from Traditional Sentencing: Exploring Alternative Punishment Methods in Ethiopia to Reduce Prison Overcrowding, Tokyo Rules, United Nations Standard Minimum Rules for Non-custodial Measures Leave a comment
Author: Henok Wolka Worsiso
Senior Human Rights Officer at the Ethiopian Human Rights Commission.
Introduction
The Ethiopian justice system has long been confronted with a multitude of challenges, including issues such as prison overcrowding, limited resources, and a lack of focus on rehabilitation. Traditional sentencing methods, which predominantly rely on punitive measures, have proven to be inefficient in addressing the root causes of crime especially in case of less serious crimes. Thus, exploring alternative punishment methods has emerged as a potential solution to alleviate these concerns and promote a more just and rehabilitative approach. According to United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) there are several non-custodial or alternative punishments available as alternatives to imprisonment. In this paper attention is paid to the two alternative punishments specifically: community service and probation.
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 Comment
Author: 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]
How legal frameworks on disinformation help suppression in Burkina Faso and Guinea
Posted: 17 February, 2023 Filed under: Dércio Tsandzana, Simone Toussi | Tags: Burkina Faso, Cybersecurity and Data Protection Act, digital communication platforms, disinformation, false news, Francophone, General Gilbert Diendéré, Guinea, International Covenant on Civil and Political Rights, international human rights standards, misleading documents, suppression, terrorism, transitional periods Leave a comment
Author: Simone Toussi
Digital Rights Researcher, Africa Region
Disinformation, also known as, “all forms of false, inaccurate, or misleading information designed, presented and promoted to intentionally cause public harm or for profit”, [1] is on the rise in Africa, aided by the evolving digital communication platforms. To counter disinformation, several African governments are using provisions in existing laws or enacting new laws that do not comply with international human rights standards[2] on freedom of expression and access to information. As of August 2022, no country in Francophone Africa[3] has enacted legislation specifically on disinformation, but the majority have provisions regulating disinformation in various laws.[4]
A quest for better protection: Sudanese women today
Posted: 11 November, 2021 Filed under: Dunia Mekonnen Tegegn | Tags: (VAWG), African Protocol on Women’s Rights, arbitrarily arrest, CEDAW, child custody, child marriage, conflict areas, displacement, divorce, human rights, immoral behavior, International Covenant on Civil and Political Rights, Islamic fundamentalists, Jebril Ibrahim, knee length skirts, lack of protection, marriage, Muslim Personal Law, Political commitment, public disgrace, Public Order Police Officers, sexual abuse, sharia law, social media, Sudan, tribal and militia violence, Violence Against Women Act, Violence against Women and Girls, wearing trousers, women rights violations Leave a comment
Author: Dunia Mekonnen Tegegn
Human Rights Lawyer and Gender equality advocate
Violence against Women and Girls (VAWG) is regarded as a prevalent and critical hindering factor for human development and peace-building in Sudan. Prior to the revolution, Sudanese women used to face a daily risk of being arbitrarily arrested in public or private places for “indecent or immoral behavior or dress.” Public Order Police Officers in Sudan had the power to decide what is decent and what is not. In most cases women are arrested for wearing trousers or knee length skirts.[1] Though in 2019, the transitional Sudanese government rescinded the public order laws that governed women’s presence in public spaces, resulting in arbitrary arrests and ill-treatment, Sudan still needs to change other aspects of the public order regime that has a discriminatory effect on women.
Sudan is a party to the International Covenant on Civil and Political Rights. Though the Sudanese government approved the ratification of CEDAW and the African Protocol on Women’s Rights following years of demands from Sudanese women, the ratification of CEDAW came with reservations on the articles number 2, 16 and 1/29, which is a clear violation of the rule that prevents reservations that defeat the essential elements and goals of human rights covenants.
COVID-19: How more access to the internet can reduce existing barriers for women’s rights in Africa
Posted: 4 May, 2020 Filed under: Nelly Warega, Tomiwa Ilori | Tags: Access to Information, access to information online, Africa, civil society organisations, coronavirus, COVID-19, CSOs, digital platforms, digital skills, domestic violence, health services, inequalities, International Covenant on Civil and Political Rights, internet access, Kenya, Lagos State Government Health Service Commission, lockdown, mainstream media, maternal health, maternal mortality, Mozambique, Nigeria, pandemic, PPE, PPEs, smart phones, South Africa, Uganda, women's rights Leave a comment
Authors: Nelly Warega* and Tomiwa Ilori**
*Legal Advisor, Women’s Link Worldwide
**Doctoral researcher, Centre for Human Rights, University of Pretoria
On 17 April 2020, a Twitter user tweeted about a hospital in Lagos that demanded personal protective equipment (PPE) from a woman seeking to give birth at the facility. The incident, according to the user happened at the General Hospital, Ikorodu, under the Lagos State Government Health Service Commission. The PPEs have become important for health workers given the surge in transmission COVID-19 across the world. However, despite the rising demand and scarcity of PPEs, a conversation on the propriety of placing the burden of procurement of PPEs on expectant mothers is vital.
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 1 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.
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