A call to action: Protecting women’s rights in Sub-Saharan Africa during COVID-19 pandemic
Posted: 20 April, 2020 Filed under: Juliet Nyamao | Tags: Burkina Faso, Cameroon, coronavirus, Cote d'Ivoire, COVID-19 outbreak, equality, gender-based violence, Ghana, human rights, informal employment, International Health Regulations (2005), international obligations, John Hopkins University Corona Virus Resource Center, Kenya, pneumonia, protection of human rights, public health emergency, rule of law, Senegal, South Africa, stringent policies, tax relief measures, unemployment funds, WHO Regional Office for Africa Report, women, women's rights, World Health Organization, Wuhan City Leave a comment
Author: Juliet Nyamao
Human Rights Attorney, Kenyan Bar
On 31 December 2019, The World Health Organisation (WHO) was alerted to several cases of pneumonia in Wuhan City, Hubei Province of China. One week later, on 7 January 2020, Chinese authorities confirmed that they had identified a novel coronavirus as the cause of the pneumonia. Following this discovery, China witnessed unprecedented increase in morbidity and mortality rates of victims of the virus. Ultimately, the Director-General of WHO, Dr Tedros Adhanom Ghebreyesus declared the COVID-19 outbreak a public health emergency of international attention under the International Health Regulations (2005), following recommendations from the members and advisers to International Health Regulations (IHR) Emergency Committee for Pneumonia. Although measures were taken to halt international travel the virus had already spread to other regions of the world including Africa. According to the John Hopkins University Corona Virus Resource Center, the pandemic has had devastating effects in Europe, Asia and the Americas with mortality rate of more than 100,000 people, with a total of more than 1.7 million confirmed cases worldwide.
20 years after the TRC: Are we any the better?
Posted: 18 August, 2016 Filed under: Thabang Mokgatle | Tags: African Charter on Democracy, Amnesty Committee, apartheid, conflict, Constitutional Court of Uganda, Desmond Tutu, El Salvador, Human Rights Violations Committee, justice, Khulumani Support Group, maximalists, minimalists, Mpho Tutu, Patricia Campbell, peace, pragmatics, rainbow nation, reconciliation, Reparation and Rehabilitation Committee, retribution, rule of law, social intervention, South Africa, survivors, TRC, truth, Truth and Reconciliation Commission, Tshepo Madlingozi, victims 3 Comments 
Author: Thabang Mokgatle
Candidate Attorney, Rushmere Noach Incorporated, Port Elizabeth, South Africa
“We are looking to maintain not retribution but reparation; we are seeking room for humanity rather than revenge”
– Desmond Tutu, First hearing of the TRC in April 1996
15 April 2016 marked the twentieth anniversary since the Truth and Reconciliation Committee (TRC) first commenced in South Africa. In reflecting on the occasion, the words of Desmond Tutu above quoted have unveiled two pertinent questions: Did post-apartheid South Africa, in 1996, require a moment for justice or for reconciliation? Would the pursuit of the former in the first instance, not have led to the achievement of the latter? There is a growing sense that in prioritising the ‘rainbow nation’, the TRC substantially undermined the realisation of justice (institutional justice through the court system). Victims of apartheid-era crimes have supposedly been short-changed, leaving much to be desired since the TRC first convened.
Suppressing dissent: The Gambian reality
Posted: 19 April, 2016 Filed under: Satang Nabaneh | Tags: 1997 Constitution, Abubacarr Saidykhan, Amnesty International, Babucarr Ceesay, Ban Ki-moon, deprivation of life, detention, Ebrima Barry, Gambia Students Union (GAMSU), human rights violations, Human Rights Watch, immunity, insurrection, Lasana Jobarteh, law enforcement, mutiny, Ousainou Darboe, peaceful protests, President Jammeh, Public Order Act, right to protest, riot, rule of law, Solo Sandeng, The Gambia, United Democratic Party (UDP), United Nations, unlawful arrests, use of force 3 Comments
Author: Satang Nabaneh
Gambian Reporter to the Oxford Constitutions Online Project
The right to freedom of assembly as guaranteed by the 1997 Constitution includes the right to take part in peaceful demonstrations. However, people are deterred from organising and participating in such demonstrations. Section 18(4)(C) allows for the use of force and the deprivation of life in the ‘suppression of a riot, insurrection or mutiny’. This gives law enforcement officials with immunity when a person dies under circumstances in which reasonable force was used.
On Thursday, 14 April 2016, Mr. Solo Sandeng, National Organising Secretary and other members of the main opposition United Democratic Party (UDP) were arrested for leading a peaceful protest for electoral reforms and demanding for the resignation of President Jammeh. Two days after the arrest, senior members of the UDP, including the leader Ousainou Darboe, confirmed in a press conference the death of Solo Sandeng while in detention. Lawyer Darboe also stated that two detained female protesters were also in a coma following their arrest and alleged brutal torture by the security agents. Angered by the harsh treatment meted on the detainees, Darboe and a group of UPD stalwarts led began a protest march but were swiftly rounded up by Gambia’s security force and arrested. Eyewitnesses said the security agents fired tear gas at the crowd to disperse it.
It’s official: The East African Court of Justice can now adjudicate human rights cases
Posted: 1 February, 2016 Filed under: Ally Possi | Tags: African Charter of Human and Peoples’ Rights, Appellate Division, EAC, EAC Member States, EACJ, East African Community, East African Court of Justice, First Instance Division, human rights jurisdiction, rule of law, Vienna Convention 4 Comments
Author: Ally Possi
Lecturer, Law School of Tanzania; Advocate of the High Court of Tanzania
The legitimacy of the East African Court of Justice (EACJ) to adjudicate human rights cases has been a debatable aspect ever since the Court’s inception. Articles 6(d) and 7(2) of the East African Community (EAC) Treaty mention human rights, which ordinarily the EACJ is mandated to interpret. However, article 27(2) of the Treaty implies to suspend what seems to be a legitimate human rights authority of the Court. Consequently, articles 6(d), 7(2) and 27(2) have made litigants, legal scholars and even EACJ judges to be at cross-roads with respect to EACJ’s human rights jurisdiction.
The recent decision in Democratic Party v. The Secretary General of the EAC, Appeal No. 1 of 2014 (Democratic Party case) will make the functioning of the EACJ rather interesting within the near future. In that case, the EACJ unequivocally held that it has ‘jurisdiction to interpret the Charter [African Charter on Human and Peoples’ Rights herein the African Charter] in the context of the [EAC] Treaty.’ This lining of the decision becomes more authoritative as it is from the Appellate Division section of the Court.
Rising against the silencing of the SADC Tribunal: Tanzania
Posted: 5 June, 2015 Filed under: Gertrude Mafoa Quan | Tags: democracy, dispute settlement, good governance, human rights, human rights violations, inter-State disputes, President Jakaya Kikwet, Protocol on the SADC Tribunal, rule of law, Rulings of the Tribunal, SADC, SADC Treaty, SADC Tribunal, South African community, Tanzania, watchdog Leave a comment
Author: Gertrude Mafoa Quan
Candidate Attorney; LLM (Multidisciplinary Human Rights) student at the Centre for Human Rights, University of Pretoria
‘We have created a monster that will devour us all’.
These were the words of Tanzanian President Jakaya Kikwete regarding the SADC Tribunal. This is at best an expression that is the epitome of the fear of SADC leaders of an existing and functioning Tribunal.
Like in many other regions, the SADC tribunal served as the mechanism through which the region’s dispute could be settled. One of the goals of the treaty was to establish a tribunal (which it did) and that the “[t]ribunal shall be constituted to ensure the adherence to and the proper interpretation of the provisions of this Treaty and subsidiary instruments and to adjudicate upon such disputes as may be referred to it” ( SADC Treaty, 1992, Article 16.1). Perhaps one of its most striking promises was in Article 4(c) which bluntly states that ‘ SADC and its Member States shall act in accordance with the principles of human rights, democracy, and the rule of law’. The implication is that all member States could indeed be held accountable should any of the said principles in Article 4(c) be violated. According to the Protocol on the SADC Tribunal, subject to the exhaustion of local remedies, all companies and individuals may approach the Tribunal to seek remedy if and when a member State has infringed on their rights (Article 15).
Factors inhibiting the identification and investigation of human trafficking cases
Posted: 20 February, 2015 Filed under: Monique Emser | Tags: child trafficking, human trafficking, Human Trafficking Awareness Index report, law enforcement, LexisNexis, rule of law, South Africa, victim identification Leave a comment
Author: Monique Emser
Research Associate, Department of Criminal and Medical Law, University of the Free State, South Africa
World Day of Social Justice – Ending human trafficking and forced labour: 20 February 2015
Law enforcement efforts have failed to keep pace with the mutable phenomenon of human trafficking despite the fact that it is regarded as the fastest growing and second most profitable criminal enterprise after drug trafficking.
The biggest challenge facing law enforcement in human trafficking cases is finding victims and their traffickers in the first place, since human trafficking involves the movement and concealment of victims.
Victims of human trafficking often do not self-identify as such. There are numerous reasons for this. Some victims may have consciously engaged in illicit activities, such as undocumented migration into the Republic or engaging in sex work. In such cases, ‘victims are unlikely to report their victimisation to the police or seek help from service providers.’[1] Where trafficking occurs within diaspora communities, self-identification and reporting to the police are even lower.
Others are too traumatised by their experiences and remain in denial. Distrust of law enforcement, fear of retaliation by traffickers, a lack of understanding of basic rights, are further inhibiting factors in relation to victim cooperation and investigation.
Love in a Time of Ebola: Africa deserves a human rights determination
Posted: 6 November, 2014 Filed under: Humphrey Sipalla | Tags: Africa, African Charter, African Commission, African Court, AU Human Rights Strategy, Ebola, Guinea, human rights, International Health Regulations, Liberia, outbreak, rule of law, Sierra Leone, United Nations, West Africa, WHO, World Health Organisation 1 Comment
Author: Humphrey Sipalla
Freelance editor
When the World Health Organisation (WHO) declared “a public health emergency of international concern” in the three fragile West African states of Guinea, Liberia and Sierra Leone, the walls fast closed on them and their peoples. Flight bans, citizen entry bans and ripple effects on trade have been announced by African countries, as well as globally. So severe have been the restrictions that vital energy and food supplies have dwindled, with riots breaking out in some areas. The affected countries have pleaded with “the world” to not inflict collective punishment on their populations, and indeed future.
These real world events have grounding in probably the most innocuously titled yet powerful treaty in the world. Nope, not the UN Charter, not the Geneva or Vienna Conventions… the International Health Regulations (IHR 2005). Usually, ‘regulations’ is legalese for subsidiary legislation. But these regulations treat probably the most incendiary issues in human society: infectious diseases and legality, if not morality of mitigating actions.
The IHR’s aim to provide maximum protection from the international spread of infectious diseases while causing minimal harm to global travel and commerce. It originates from the 1892 International Sanitary Convention that sought to control the spread of cholera in the Suez Canal, providing for coercive ship inspections and quarantines.
It may well be said that the Achilles-like duality of IHR, its true power and weakness, lies not in legal theory but sheer human behaviour. Infectious diseases are frightening. They compound the unknown and bring out the worst elements of our self-preservation instinct. Prior to the 2005 revision, states like India and Peru sat on critical information about disease outbreaks to avoid the punishing reactions of other states. Given the treatment of Guinea, Sierra Leone, Liberia, one wonders what exactly has changed in the real world.
In the absence of democratic principles, tyranny reigns
Posted: 23 September, 2014 Filed under: Thato Motaung | Tags: autocracy, constitution, democracy, Eritrea, freedom, International Day of Democracy, national service, rule of law, tyranny 3 Comments
Author: Thato Motaung
Researcher, Centre for Human Rights, Faculty of Law, University of Pretoria
International Day of Democracy: 15 September 2014
“You may choose to look the other way but you can never say again that you did not know.” – William Wilberforce
When the world celebrated the International Day of Democracy (15 September 2014), I reminded myself of some of the key tenets of democracy, namely: free and fair elections, the rule of law, the upholding of fundamental rights and freedoms — to name but a few. The mention of the rule of law in particular raised red flags in my mind as I pondered where to place Eritrea when choosing between definitions of democracy and autocracy.
The rule of law and the respect for human rights stand as prerequisites to realising democratic statehood. The laws which govern a state are enshrined in a constitution; a constitution sets the parameters for lines that cannot be crossed; the principles by which a state should conduct itself. Where then does one begin to place or reference these barriers in a country with no constitution? Who has legitimacy in decision-making? What legal standards are used? The lines continue to blur…
The jeopardy of rule of law; democracy; separation of power and fundamental human rights in Swaziland
Posted: 14 May, 2014 Filed under: Njiti Lucius Batty | Tags: Bheki Makubhu, Centre for Human Rights, freedom of expression, freedom of media, National Magazine Editor, right to bail, right to liberty, right to work, rule of law, separation of power, Swaziland, Thulani Maseko, wrongful arrests 1 Comment
Author: Njiti Lucius Batty
Candidate Advocate, High Court of Tanzania; Tutorial Assistant and Coordinator, University of Dodoma Law Society & Moot Court, Tanzania
Swaziland is the only absolute and pure monarchical country in Africa and has no multi-party system and Ingenyama, the King himself enjoys absolute powers over the executive and he is assisted by the traditional prime minister and official prime minister.
This article portrays the real story on the way rule of law; democracy; separation of power and fundamental human rights in Swaziland are at risk.
In January 2014, Bhantshana Gwebu, the Government Chief Vehicle Inspector of Swaziland was arrested basing on the reason that Gwebu had stopped the vehicle which chauffeured Esther Ota, one of the judges of High Court in the land.
This incidence instigated the minds of both Thulani Maseko, human rights lawyer, activist & the alumnus of the Centre for Human Rights, University of Pretoria in South Africa and Bheki Makubhu, the National Magazine Editor who published the article in National Magazine criticising the whole matter of arresting Gwebu. The article stated only the truth that the Vehicle Inspector was implementing his official roles thus it was unbecoming to arrest him and it was unconstitutional. And no one is above the law and for this case respect of traffic laws had to be followed.
Owing to that article, Maseko and Makhubu were arrested on March 18, 2014 and detained in custody for 20 days as result of the arrest warrant issued by the Chief Justice of Swaziland, Michael Ramodibedi who is also a judge in Lesotho.
Chapter 9 institutions: for the sake of accountability and constitutional democracy
Posted: 31 March, 2014 Filed under: Kenneth Sithebe | Tags: accountability, Chapter 9 institutions, constitution, constitutional democracy, corruption, democracy, good governance, human rights, investigate, Nkandla, President Zuma, Public Protector, rule of law, South Africa Leave a comment
Author: Kenneth Sithebe
Candidate Attorney, Centre for Child Law, Faculty of Law, University of Pretoria
When we neither punish nor reproach evildoers, we are not simply protecting their trivial old age, we are thereby ripping the foundations of justice beneath new generations. – Solzhenitsyn
It is in the wake of the Public Protector’s findings regarding an upgrade to the President Zuma’s private residence in Nkandla that, the importance and our tolerance for Chapter 9 institutions comes to the fore. Having presented her findings to the public, the Public Protector was hailed by some as a heroin to a South Africa that is ridden with corruption, whilst some questioned her credibility and the integrity of her office. It is submitted that these debates are ordinary in a vibrate democracy like South Africa’s and should be welcome. However, what should not be welcome are unsubstantiated remarks aimed at undermining the office of the Public Protector, or any of the other Chapter 9 institutions, namely, the South African Human Rights Commission; the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities; Commission for Gender Equality; the Auditor General; and Electoral Commission. These institutions, as provided for in section 181 of the Constitution, form a cornerstone to the sustenance of democracy and are important for the full realisation of other democratic principles such as accountability, respect for the rule of law and human rights.
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