Call for a corruption-free Africa: A rights based approach

DuniaMekonnenTegegnAuthor: Dunia Mekonnen Tegegn
Human rights lawyer, Ethiopia

Corruption is a threat to human rights in that it erodes accountability and results in impunity. Given the interdependence of human rights, the impact of corruption on the whole spectrum of human rights; economic social and cultural rights as well as that of the civil and political rights is significant. It fundamentally distorts the machineries necessary for the realization of human rights namely good governance and rule of law.

Corruption undermines a government’s ability to deliver goods and services. It results in discriminations in the use and enjoyment of human rights. It further undermines the ability of individuals to access justice and corrode their role as active participants in decisions that affect them within the public service. Corruption has a disproportionate impact on vulnerable groups such as women, children and the poor as it decreases funds available for the provision of basic services like education, health and social services that these groups are mostly dependent on.

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Eritrea: Not the country we struggled for

Khuraisha PatelAuthor: Khuraisha Patel
Student (LLM Human Rights and Democratisation in Africa), Centre for Human Rights, Faculty of Law, University of Pretoria

 

 

Author: Yulia Prystash
Student (LLM Human Rights and Democratisation in Africa), Centre for Human Rights, Faculty of Law, University of Pretoria

Hibo MahadAuthor: Hibo Mahad
Student (LLM Human Rights and Democratisation in Africa), Centre for Human Rights, Faculty of Law, University of Pretoria

 

 

International Women’s Day – 8 March 2015

The United Nations Human Rights Council (UNHRC)’s Working Group on the Issue of Discrimination against Women in Law and in Practice has applauded the extensive legal guarantee of women’s rights and equality across the globe. In its statement on International Women’s Day, the UNHRC indicated however, that this legal guarantee of equality has not translated into reality due to persistent discrimination against women and retrogression from these norms. Eritrea is an example of a country that has not fully translated the legal guarantees on women’s rights to equality into reality. Lack of implementation of laws, religion, tradition, regressive and patriarchal culture as well as the rhetoric of nationalism (“no war – no peace”) continue to hinder the realisation of gender equality in Eritrea.

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The State’s ineptitude or indisposition to deal with Eastern Cape education is a continuous violation of children’s rights

akho_ntanjanaAuthor: Akho Ntanjana
Legal intern, Institute for Human Rights and Development in Africa (IHRDA), Banjul, The Gambia

Without citing any empirical evidence, it is known that the quality of school facilities has an indirect effect on learning and ultimately on its output.  For instance, in a study carried out in India (1996), out of 59 schools in a region, only 49 had structures. Of these 49 schools, 25 had a toilet, 20 had electricity, 10 had a school library and four had a television set. In this study, the quality of the learning environment was strongly correlated with pupils’ achievement in Hindi and mathematics.

Further, a research study was conducted in Latin America that included 50 000 students in grades 3 and 4, it was found that learners whose schools lacked classroom materials and had inadequate libraries were significantly more likely to show lower test scores and higher grade repetition than those whose schools were well equipped (see the United Nations Children’s Fund’s paper ‘Defining Quality Education’). There are many other studies done even in Africa, for example in Botswana, Nigeria and Papua New Guinea, indicating similar outcomes.

There seem to be a correlation between good school infrastructures, other quality dimensions (inter alia the quality of content, psychological aspects, quality processes involved) and the achievement of higher grades by learners. In this opinion piece, I examine the state of education in the Eastern Cape, and the failure by the South Africa government to meet its constitutional and international obligations to provide basic education.

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Will Nubian children have to go to the African Court?

Ayalew Getachew Assefa

Author: Ayalew Getachew Assefa
Lecturer in Law, Makelle University, Ethiopia

Reflections on the Decision of the African Committee of Experts on the Rights and Welfare of the Child concerning the violation of the rights of Nubian children in Kenya

The African Committee of Experts on the Rights and Welfare of the Child (the Committee) has recently made a decision on the communication concerning the violation of the rights of Nubian children in Kenya. (Communication 002/2009 Institute for Human Rights and Development in Africa and Open Society Justice Initiative on behalf of children of Nubian descent in Kenya v Kenya). This body’s first ever decision tells much about the avowed intent of the Committee to address the challenges of the Nubian children as it goes a great length despite the continuous disregard of cooperation from the government of Kenya. In its well-articulated decision, the Committee finds the Government of Kenya in violation of the right to non-discrimination, nationality, health and health services, protection against statelessness and education of Nubian Children living in Kenya. Addressing a wide range of issues, the Committee even goes beyond what was requested by the applicant and interpreted Article 31 of the African Charter on the Rights and Welfare of the Child (African Children’s Charter) in the light of the issues raised (para 66).

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