A critique of the Resolution (PAP-Res. 06(VI)/06) and Recommendation (PAP-Rec. 08(VI)/06) of the Pan-African Parliament (PAP) on migration in Africa.Posted: 14 November, 2022 Filed under: Eva Abugabe | Tags: Africa, African Charter on Human and Peoples Rights, African migrants, AU Convention for the Protection and Assistance of Internally Displaced Persons, dangerous journeys, demographic distributions, governance, human rights, IDPs, international human rights instruments, International Organisation for Migration, Kampala Convention, Mediterranean Sea, migration, Pan-African Parliament, PAP, PAP-Rec. 08(VI)/06, PAP-Res. 06(VI)/06, SADC, Southern African Development Community, Sub-Saharan African countries, unapproved avenues, xenophobia 1 Comment
Author: Eva Abugabe
MPhil candidate, Centre for Human Rights, University of Pretoria
The PAP in its sixth session of the First Parliament in 2006 resolved to ending migration in Africa. Based on PAP-Rec(08(VI)06), the PAP acknowledged migration as a regional priority due to increasing refugee crisis, migrant remittances, movement of labour, the African Diaspora and brain drain, feminisation of migration, xenophobia and human trafficking. In PAP-Res (06(VI)06), the PAP furthermore demanded continuous agenda setting in its debate, regional and national collaborations in learning best practices including encouraging governments to address the challenges by observing good governance and promoting investment in economies, infrastructure and creating employment.
The article critically analyses the PAP’s resolutions and recommendations against regional and international human rights instruments. It aims to position the PAP as an active protector of human rights while making it more visible to Africans, its primary constituents. Its thrust is to also evoke deliberate interventions and broadly contribute to the actualisation of the Africa We Want Agenda, Agenda 2063 and to the 2030 Agenda for Sustainable Development specifically target 10.7 of Goal 10.
The SADC Tribunal: Concerted efforts for waves of change we want to seePosted: 19 June, 2015 Filed under: Patricia Mwanyisa | Tags: 2014 Protocol, access to justice, AEC, African Charter, Campbell Case, civil society, COMESA, ECCAS, ECOWAS, IGAD, justice, lawyers, legal mechanisms, ratification, RECs, SADC, SADC Heads of States, SADC Tribunal, Southern African Development Community, Zimbabwe 5 Comments
Author: Patricia Mwanyisa
Human Rights, Justice and Rule of Law Programme Officer, Open Society Initiative for Southern Africa (OSISA)
Victoria Falls in Zimbabwe is known for its spectacular and majestic water falls. In August last year it was not just water that was falling at Victoria Falls but the SADC Tribunal as we know it fell spectacularly as leaders from the Southern African Development Community approved a new protocol to reconstitute the SADC Tribunal. The new tribunal has a limited mandate. By adopting a new protocol, the leaders effectively buried the SADC Tribunal which used to operate under the 2000 protocol. They decided to ignore recommendations from their own legal advisors and attorney generals and created a new Tribunal whose mandate is limited only to the adjudication of inter-state disputes. Simply put, under the 2014 Protocol, citizens are deprived of their right to refer a dispute between themselves and their government to the SADC Tribunal. Without a tribunal, justice and redress will remain elusive for people of the region.
It is important to remember that central to the demise of the tribunal is the case of Mike Campbell and Others v Zimbabwe (Campbell Case) in which the Tribunal found in favor of Zimbabwean white farmers whose land had been compulsorily acquired and without compensation by the Zimbabwean government. In retaliation Zimbabwe strategically attacked the jurisdiction and operation of the tribunal, mobilized support for its suspension and ultimately, its eventual disbandment. By succumbing to the demands of Zimbabwe, SADC Heads of state have ultimately eliminated the access of individuals and groups to the Tribunal at the behest of one State [Zimbabwe] and consequently depriving the entire region of the benefits of such an important institution. Discussions and decisions on the utility of the Tribunal should rather surpass the opinion of one State’s argument based on just one case and personal short term gains. Even so, Zimbabweans themselves and particularly politicians and elected MPs who represent the people of that country must objectively review the wisdom in taking such a stance – more so at a time when Zimbabwe chairs the SADC bloc. They must never forget that they too are ordinary individuals who also depend on fair, transparent and accessible judicial mechanisms which they may need at some point in their lives regardless of their political affiliations. That is, at any given time the tide turns, politicians whether in opposition or in power are susceptible to becoming victims of State sanctioned attacks on the dignity of individuals, including political violence.