Objection! The AU Convention on Ending Violence Against Women and Girls, and the Question of Participatory Legitimacy
Posted: 18 September, 2025 Filed under: Mariam Kamunyu | Tags: ACHPR, advocacy, African Commission on Human and Peoples’ Rights, African feminists, Akina Mama wa Afrika, Anti-Counterfeiting Trade Agreement, AU Convention on Ending Violence Against Women and Girls, AUCEVAWG, civil society actors, ethical implications of exclusion, Fòs Feminista, feminist movements, gender-based violence, international law, legality, Participatory Legitimacy, power imbalances, ravaux préparatoires, Vienna Convention on the Law of Treaties, women and girls in Africa 2 Comments
Author: Dr Mariam Kamunyu
British Academy International Fellow, School of Law and Politics , Cardiff University
In February 2025, the African Union (AU) adopted the African Union Convention on Ending Violence Against Women and Girls (AUCEVAWG), hailed in some corners as a historic legal instrument addressing gender-based violence across the continent. And yet, for many African feminists, the moment was shocking and bittersweet. The adoption marked the culmination of a drafting process that, by most accounts, was characterised by exclusion and opacity, particularly of the very feminist movements whose decades of advocacy laid the groundwork for such a treaty. This article proffers that the lack of meaningful participation by a cross-section of civil society actors undermines the convention’s political and normative legitimacy, even if its legal validity remains intact.
Re-establishing the UN Special Committee Against Apartheid, this time in respect of the State of Palestine
Posted: 26 November, 2024 Filed under: Jaymion Hendricks, Yeabsira Teferi | Tags: apartheid, Committee on the Elimination on Racial Discrimination, discriminatory practices, International Convention on the Elimination of Racial Discrimination, International Court of Justice, international law, military checkpoints, Occupied Palestinian Territory, oppression, racial segregation, roadblocks, Rome Statute, Special Committee against Apartheid, State of Israel, this time in respect of the State of Palestine, unlawful Leave a comment
Author: Jaymion Hendricks
Legal Advisor, International Law
In its landmark advisory opinion on 19 July 2024, the International Court of Justice (“ICJ”/ “the Court”) held that the State of Israel’s continued presence in the Occupied Palestinian Territory (OPT) is unlawful under international law. Of particular importance was the Court’s finding that Israel is violating Article 3 of the International Convention on the Elimination of Racial Discrimination (‘CERD’), which holds that “States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction”.
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]
The injustice of climate mitigation strategies on pastoralist communities in Kenya: An international law perspective
Posted: 19 August, 2024 Filed under: George Njogu | Tags: carbon trading, climate change framework policy, climate change mitigation strategies, climate finance, disease management, environmental justice, Food and Agriculture Organisation, global development objectives, global warming, government, greenhouse gas (GHG) emissions, injustice, international environmental law, international law, Kenya, Kenya Wildlife Conservancy Association (KWCA), Kenya's State Department of Livestock and Fisheries, Kyoto Protocol, livelihood diversification, livestock, Nationally Appropriate Mitigation Action (NAMA), policies Leave a comment
Author: George Njogu
Kabarak University School of Law
Pastoralist communities in Kenya, whose livelihoods depend on livestock, are increasingly being required to reduce their herds as part of climate change mitigation strategies. While the intention behind these measures is to combat global warming and climate change, they disproportionately affect these communities, whose contributions to climate change are minimal compared to industrial activities in developed countries. This disparity raises significant concerns about fairness and equity under international law. This article seeks to explore the reason behind these mitigation practices and recommends a solution to the predicament.
Livestock accounts for approximately 10% of Kenya’s national gross domestic product (GDP) and over 50% of the agricultural GDP. The sector employs half of the agricultural labour force.[1] The primary stakeholders in this subsector are pastoralists and farmers, who primarily raise animals for food and income generation. For pastoralists, however, livestock also serves as a symbol of self-esteem and wealth within their communities.[2]
‘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.
Making sense of Africa’s massive abstentions during the adoption of the UNGA resolution on the Aggression Against Ukraine
Posted: 21 April, 2022 Filed under: Sâ Benjamin Traoré | Tags: abstaining states, African abstentions, double standards, French military presence, global war against terrorism, independent African states, international concerns, international humiliation, international law, international relations, Palestinian struggle, Ukrainian crisis, UNGA resolution, UNGA resolution on the Aggression Against Ukraine, Western hypocrisy 2 Comments
Author: Sâ Benjamin Traoré
Assistant Professor of Law at the Faculty of Governance, Economics and Social Sciences of the Mohammed VI Polytechnic University, Rabat (Morocco).
Introduction
The ongoing Ukrainian crisis has shown profound divisions among African countries. The UN General Assembly’s voting on 2 March perfectly captures such a division. Resolution A/RES/ES-11/1, titled “Aggression against Ukraine”, was adopted by a vote of 141 in favour and 5 against, with 35 abstentions. Of these 35 abstentions, 17 were African states including Algeria, Angola, Central African Republic, Congo, Equatorial, Mali, South Africa, Tanzania, and Zimbabwe. This figure represents almost half of the abstaining states. Eight African countries did not even submit their votes (including Burkina Faso, Cameroon, Ethiopia, Morocco, and Togo) and Eritrea voted against the resolution. All in all, almost half of the African states did not vote in favour of the United Nations General Assembly (UNGA) resolution. The split between African states in the voting also reflects the divide in public opinion about the Ukrainian crisis across African countries. While the West has shown unfailing support for Ukraine, Africa and the rest of the world have adopted a more ambivalent position. The significant number of African abstentions has raised international concerns, especially in the West. This voting attitude of African states abstaining remained almost the same during the adoption of the UNGA resolution on humanitarian assistance to Ukraine on 24 March. South Africa had proposed a rival resolution that was not eventually discussed by the UNGA. On 7 April, more African countries abstained and many other voted against the resolution suspending Russia from the Human Rights Council. It is also well-known now that African countries have not adopted sanctions against Russia despite the avalanche of sanctions adopted by western countries.
Compensation for damage caused by space debris – just pie in the sky?
Posted: 11 June, 2021 Filed under: Jaymion Hendricks | Tags: air, Claims Commission, compensation, damage, international law, Liability Convention, orbital launches, Outer Space Treaty, re-entering, rocket launches, space, space debris, space exploration, space junk, space law, SpaceX, telecommunications law, The Hague Leave a comment
Author: Jaymion Hendricks
Attorney
Space launches have increased significantly in recent years and despite the global pandemic, the year 2020 (together with 2018) marked one in which the most orbital launches took place (114 launches, 104 of which were successful flights). In the past, space activity was mainly undertaken by a handful of well-resourced countries. With the increasing commercialisation of space, there has been a proliferation of private and public space activity. It follows that heightened space activity results in frequent launches which may increase the risk of accidents on the surface of the earth or to aircraft in flight. The risk, however, remains negligible if space actors adhere to the highest technical, safety and environmental standards. The minimal risk is generally outweighed by the economic value and social benefit of outer space activity (scientific knowledge, weather forecasting, telecommunications and earth observation etc.).
Hot water: Treasure hunters vs the law
Posted: 26 November, 2020 Filed under: Ross Booth | Tags: artefacts, Colombia, Convention, country of origin, international law, international treasure hunting organisation, National Heritage Recourses Act, Odyssey Marine Exploration, shipwrecks, sunken fortunes, treasure hunting, UNESCO Convention 1 Comment
Author: Ross Booth
LLB student, University of KwaZulu-Natal
The ocean is an enormous place. In fact, its enormity is estimated to cover an area of 361 million square metres and hold around 97% of the earth’s water. It is thus no surprise that things are sometimes lost to the gargantuan depths. However, what happens when they are found?
Modern-day treasure hunting has become a high-risk-high-reward field, but it seems that in many cases, the risk vastly outweighs the reward. Most people, infatuated by the possibility of discovering sunken fortunes, fail to realise the implications that could arise if they do. In fact, the law has made it virtually impossible to keep the entirety of one’s treasure hunting loot – if any portion at all.
The right to peaceful assembly and the COVID-19 pandemic: a threatened right; an ironic connection
Posted: 21 May, 2020 Filed under: Foluso Adegalu | Tags: Absolute prohibition, African Charter on Human and Peoples' Rights, African Constitutions, article 11, Bill of Rights, COVID-19, government, international law, national security, Non-prohibition, pandemic, Partial prohibition, peaceful assembly, physical distancing, physical gathering of persons, public safety, social distancing, The right to peaceful assembly 2 Comments
Author: Foluso Adegalu
Centre for Human Rights, University of Pretoria
The right to peaceful assembly enables individuals to express themselves collectively and to participate in shaping their societies and can be of particular importance to marginalised and disenfranchised members of society. The right to peaceful assembly entails a legitimate use of the public space. Although the exercise of the right to peaceful assembly is normally understood to pertain to the physical gathering of persons, comparable human rights protections also apply to acts of collective expression through digital means, for example online gatherings.
The right to peaceful assembly is guaranteed under both international and national laws. The right to peaceful assembly is guaranteed under article 11 of the African Charter on Human and Peoples’ Rights, which provides that:
every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.
Violence against women and girls in Africa: A global concern to ponder on International Women’s Day and beyond
Posted: 8 March, 2018 Filed under: Kennedy Kariseb | Tags: Africa, conflict, education, empowerment, feminism, girls, human rights, international human rights, international law, International Women's Day, IWD, IWD2018, pandemic, sexual violence, SRVAW, treaty, UN, United Nations, VAW, violence, violence against women, women, women's human rights, women's rights, women's rights movement 2 Comments
Author: Kennedy Kariseb
Doctoral candidate, Centre for Human Rights, Faculty of Law, University of Pretoria
It has been four decades since the United Nations (UN) observed for the first time International Women’s Day (IWD) on 8 March 1975. Although there are traces of celebration of this day, dating as far back as 1909, its formal initiation came in the wake of the first World Conference of the International Women’s Year that took place in Mexico City, Mexico. Its object, as aptly argued by Temma Kaplan, is to mark ‘the occasion for a new sense of female consciousness and a new sense of feminist internationalism’.[i]
In a sense, 8 March is meant to be a day of both celebration and reflection for women the world over: a celebration of the gains made in enhancing women’s rights and the overall status of women globally, while reflecting and strategising on the voids and shortcomings still persistent in the women’s rights discourse. The occasion of the forty-third celebration of the IWD clearly marks an opportunity for feminist introspection on the broader question of violence against Women (VAW) and its regulation under international law. This is because while VAW is not the only form of human rights abuse women suffer, it is one in which the gendered aspect of such abuse is often the most clear and pervasive.
AfricLaw 