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.
Beyond obligation: The more reasons why States should keep reporting to the African Committee of Experts on the Rights and Welfare of the Child
Posted: 15 April, 2024 Filed under: Adiam Zemenfes Tsighe | Tags: advancement of children’s rights, African Charter on the Rights and Welfare of the Child, children’s rights, concluding observations, follow-up visits, National Human Rights Institutions, periodic reports, recommendations, State Party reporting Leave a comment
Author: Adiam Zemenfes Tsighe
Technical Expert, African Committee of Experts on the Rights and Welfare of the Child (ACERWC).
Adopted in 1990 by the then Organisation of African Unity (OAU), the African Charter on the Rights and Welfare of the Child (the Charter), as of March 2024, has been ratified by 50 Member States of the African Union; Morocco, Saharawi Arab Republic, Somalia, South Sudan, and Tunisia are yet to ratify. Pursuant to article 43 of the Charter, Countries that have ratified the Charter are required to submit reports on the status of the implementation of the provisions of the Charter two years after ratification and every three years thereafter. The African Committee of Experts on the Rights and Welfare of the Child (ACERWC/Committee), established under article 32 of the Charter, assumes the mandate to receive and consider such reports. As of February 2024, 42 State Parties have reported to the Committee at least once while 8 State Parties have not submitted any report namely, Cape Verde, Central African Republic, Democratic Republic of Congo, Equatorial Guinea, Gambia, Libya, Mauritius, and Sao Tome and Principe. Among the 42 State Parties that have reported, 23 of them have submitted periodic reports of which 6 State Parties have submitted their second periodic reports. These 6 Countries are Burkina Faso, Kenya, Niger, Rwanda, Senegal, and South Africa. Rwanda has the highest number of reports by submitting its third periodic report to the Committee.
AfricLaw 