Respecting the rights of urban refugees in East Africa through a human rights approach to urbanisation

michael_addaneyAuthor: Michael Addaney
Student (MPhil Human Rights and Democratisation in Africa), Centre for Human Rights, Faculty of Law, University of Pretoria

 

 

Gertrude Mafoa QuanAuthor: Gertrude Mafoa Quan
Candidate Attorney; LLM (Multidisciplinary Human Rights) student at the Centre for Human Rights, University of Pretoria

 

 

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).

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The African Union summit on the International Criminal Court: In whose interest?

wonderr_freemanAuthor: Wonderr Freeman
LLM (Trade and Investment Law in Africa) candidate, Centre for Human Rights, University of Pretoria, South Africa
(Date of article: 4 October 2013)

On 13 October 2013, leaders of African states will meet in Addis Ababa, under the African Union (AU) banner), to consider a possible withdrawal from the Rome Statute creating the International Criminal Court (ICC). African leaders do not find favour with the ICC’s pursuit of Kenya’s “big men”- President Uhuru Kenyatta and Deputy President William Ruto. The AU draws links between the indictment of Kenyatta and Ruto with that of President Omar Al-Bashir of Sudan and Laurent Gbagbo of the Ivory Coast. Having drawn such links, the AU is of the view that the ICC is a western plot to finish-off African leaders. What is striking of the AU’s ICC analysis is the complete lack of consideration for the victims, 99.9% of whom are Africans. It seems as though grave crimes against humanity are of much less importance when a few “big men” stand accused.  What seems to be of extreme importance in the minds of African leaders is that, once again, one of their kind is wanted for crimes against humanity.

African heads of states are rarely united on any issue relevant to development of the continent, such as a common currency, the free movement of people and products, military interventions in war torn regions, etc. However, when it comes to protecting the likes of Bashir and Kenyatta, the AU is zealously united – without regard to the victims of atrocities.

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Homosexuality v. homophobia, which is criminal?

joelle_dountioAuthor: Joelle Dountio
PhD candidate, Faculty of Law, University of Pretoria

Religion, traditional cultural beliefs and law are all used by humans to fuel hatred, stigma, and discrimination towards homosexuals. The rights to equality, non-discrimination and freedom from torture, cruel, inhuman and degrading treatment as upheld by the International Bill of Rights and other human rights instruments are, for the most part, all recognised in the constitutions and other national laws of most African countries.  However, 36 of the 54 African countries have punitive laws on homosexuality. Meanwhile, homosexuality is a sexual orientation and a prohibited ground for discrimination under international human rights law (Toonen v. Australia).

Historically, religion has been used to justify some of the worst atrocities committed against human beings. Some of these atrocities include: slavery, the holocaust, apartheid, racism and terrorism. Today, the Bible is used to justify homophobia based on the famous kingdoms of Sodom and Gomorrah. The question I ask is, does the Bible really mean that we should kill these people as is happening today? And even if it does mean this, what about other practices for which the Bible says people should be killed? This Bible says married women who have sexual relations outside their marriage should be killed. The Bible says we should sell all we have and give the money to the poor. The Bible says we should not make carved images of anything in heaven. Why do Christians not apply these? Apparently man chooses to follow only those sections of the Bible which suit him and enable him to meet his selfish goal irrespective of the consequences to others. Is this not hypocrisy?

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