The right to life in Africa: General Comment No. 3 on the African Charter on Human and Peoples’ RightsPosted: 10 February, 2016
Author: Paul Ogendi
Researcher, Working Group on death penalty and extrajudicial summary or arbitrary killings in Africa, African Commission on Human and Peoples’ Rights
During its 57th Ordinary Session held from 4 to 18 November 2015 in Banjul, The Gambia, the African Commission on Human and Peoples’ Rights (the Commission) adopted General Comment No. 3 on the African Charter on Human and Peoples’ Rights (General Comment No. 3) focusing on the right to life.
The document is timely because the protection of the right to life is currently under threat globally. Africa is no exception.
The Commission in 2012 expanded the work of one of its working groups focusing on the right to life to include not just death penalty but also extrajudicial, summary and arbitrary killings in Africa.
Some of the salient features of the new General Comment are discussed below.
Respecting the rights of urban refugees in East Africa through a human rights approach to urbanisationPosted: 7 September, 2015
The city is the new refugee camp…
~ International Rescue Committee
Article 1 of the 1951 United Nations (UN) Convention relating to the Status of Refugees (1951 Convention) defines refugee as ‘a person who is outside his or her country of nationality or habitual residence due to a well-founded fear of persecution base on race, religion, nationality, membership of a particular social group or political opinion and is unable or unwilling to avail him or herself of the protection of that country or to return there for fear of persecution’. Due to contextual issues, article 1 of the 1969 Organisation for African Unity’s Convention Governing the Specific Aspects of Refugee Problems in Africa (1969 OAU Convention) added a second paragraph to the 1951 Convention to incorporate people that have been displaced due to liberation wars and internal upheavals.
Meanwhile, there is no internationally recognised definition for urban refugees. However, the Refugee Consortium of Kenya (RCK) defines an urban refugee as a refugee who satisfies the international requirements for obtaining a refugee status and has self-settled in a city or town. Recent decades have experienced rapid population growth with most cities witnessing urban sprawl. The United Nations High Commissioner for Refugees (UNHCR) reported in 2009 that an estimated 58 percent of the world’s 10.5 million refugees now reside in cities.
Despite it being mostly rural region, UN Habit has projected that Sub-Saharan Africa and for that matter countries in Eastern Africa will have more than half of its population residing in urban areas by 2026. Characteristically, there has been increasing flow of refugees to urban areas in this region too. According to official UNHCR 2015 statistics, four Eastern African countries (Kenya, Uganda, Tanzania and Ethiopia) host more than 1.5 million refugees. These refugees are mostly from 9 countries (Somalia, South Sudan, Sudan, Uganda, Ethiopia, Eritrea, Rwanda, Burundi and DR Congo).
Africa, the second most populous continent with the fastest growing population on the globe faces complex and integrated human security threats. From a broader perspective, human security is far more than the absence of violent conflict. It encompasses respect for human rights, good governance, access to education and health care and ensuring that each individual has opportunities and choices to fulfill his or her potential. In Africa, addressing these issues requires alleviating poverty, promoting economic growth, freedom from fear and access to a healthy natural environment as well as and preventing conflict. Characteristically, Africa is associated with war, poverty, genocide, diseases and grievous abuses of human rights, prolonged armed conflicts and rising terrorist activities. Conventionally, the African Union has adopted several instruments to deal with these peace and security threats. This article focuses on increased armed conflicts and terrorist activities on the continent.