International human rights day: A call to Eritrea to own up to its shocking human rights record!

Legogang MaxeleguAuthor: Lebogang Maxelegu
Assistant Researcher, Centre for Human Rights, University of Pretoria

10 December 2015 marked the 65th anniversary of the International Human Rights Day, which the international community celebrates annually to commemorate the adoption of the Universal Declaration of Human Rights (UDHR) in 1948. The UDHR is arguably the first global document to pronounce on human rights standards that countries ought to aspire to. Though not a treaty itself and therefore not binding on Member States, the UDHR serves as the cornerstone for the definition of human rights and fundamental freedoms as outlined in the United Nations Charter, which is legally binding on all State Parties including Eritrea which joined the United Nations(UN) in 1993.

The UDHR is also the bedrock upon which treaties such the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were founded. Eritrea has notably ratified both covenants, further and invariably placing upon itself a legal obligation to abide by the human rights norms enunciated in the declaration as well as other ratified treaties.

The United Nations General Assembly held its Seventieth Session in October 2015, during which the Minister of Foreign Affairs of Eritrea, H.E. Mr. Osman Saleh, was invited to address the assembly. In his speech, the Honourable Minister declared that Eritrea is making remarkable progress in building a nation founded on the respect for human rights, contrary to what he described as “unfair and baseless accusations” of human rights violations that Eritrea has been subjected to. But is Eritrea truly making the progress that it has committed itself to in terms of the UDHR? Is it being unfairly targeted by the international community? These questions warrant an examination of some of the observations on the state of human rights in Eritrea made by treaty bodies and the Commission of Inquiry (COI) on the situation of human rights in Eritrea.

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Sexual violence against children: Are girls in Mozambique little angels or sex objects?

michael_addaneyAuthor: Michael Addaney
Student (MPhil Human Rights and Democratisation in Africa), Centre for Human Rights, Faculty of Law, University of Pretoria

Global statistics indicate that child sexual abuse is increasing with an estimated 150 million girls and 73 million boys under the age of 18 having experienced forced sexual intercourse or other forms of sexual abuse. According to the East, Central and Southern Africa Health Commission, one out of three girls in Sub-Saharan African experiences some form of sexual violence before the age of 18. In Mozambique alone, 33% of children between 12 and 15 years have been victims of sexual violence, one of the highest rates in the world.

Also, the United Nations Children’s Fund (UNICEF) observes that child prostitution is a growing concern in Mozambique. The Mozambican Ministry of Gender, Children and Social Affairs links the increased sexual violence with the country’s failure in the realisation of the child’s right to education with an estimated 36% of girls aged between 13 and 18 years married instead of being in school.

This situation is also attributed to the Mozambican civil war which weakened institutions particularly those protecting the rights and welfare of children. Despite major sector-specific strategic frameworks to combat sexual violence against children, these are often done with little consultation and coordination. This has had a deleterious effect on the enforcement of children’s rights through the existing legal and institutional arrangements.

Meanwhile, Mozambique is a state party to the Convention on the Rights of the Child (CRC), African Charter on the Rights and Welfare of the Child (ACRWC), African Charter on Human and Peoples’ Rights (African Charter), Convention on Elimination of all forms of Discrimination against Women (CEDAW) and all the relevant international human rights instruments. The domestic framework for addressing sexual violence against children includes the Children’s Act of 2008 and Juvenile Justice Act of 2008 which translate the CRC and the ACRWC into national child rights legislation.

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