The Weight of Votes: Analysing the Principle of Equality in Kenya’s Electoral Boundaries
Posted: 6 November, 2024 Filed under: Uday Makokha Keya | Tags: Constitution of Kenya, customary international law, democracy, electoral body, electoral boundaries, electoral system, Independent Electoral Boundary Review Commission, Kenya, legal framework, population quota, Principle of Equality, protected constituencies, UDHR, unfair representation, Universal Declaration of Human Rights Leave a comment
Author: Uday Makokha Keya
Third-year law student, Kabarak University
“A vote is like a rifle: its usefulness depends upon the character of the user”
-Theodore Roosevelt.
“Democracy amplifies the notion of legitimacy of the government and that people are the source of authority for the government. Conversely, democracy can as well be curtailed, and serve as a tool to access power for the elites.”[1]
The Universal Declaration of Human Rights (UDHR) asserts that the legitimate source of authority for the government is the people,[2] and for a government to be legitimate, it ought to draw its authority from the people. While the UDHR is not a treaty, there is predominant consensus that it forms part of customary international law and should therefore be implemented by all states. To that effect, the 2010 Constitution of Kenya provides that citizens have a right to elect their leaders.[3] Further, the law provides that elections for every representative are conducted after every five years.[4]
International human rights day: A call to Eritrea to own up to its shocking human rights record!
Posted: 14 December, 2015 Filed under: Lebogang Maxelegu | Tags: 10 December 2015, African Court of Justice and Human Rights, CEDAW, COI, Committee on the Rights of the Child, Convention on the Rights of the Child, discrimination, Eritrea, forced labour, ICCPR, international human rights obligations, MDG, situation of human rights in Eritrea, UDHR, UNHRC, United Nations General Assembly, UPR Leave a comment
Author: Lebogang Maxelegu
Assistant Researcher, Centre for Human Rights, University of Pretoria
10 December 2015 marked the 65th anniversary of the International Human Rights Day, which the international community celebrates annually to commemorate the adoption of the Universal Declaration of Human Rights (UDHR) in 1948. The UDHR is arguably the first global document to pronounce on human rights standards that countries ought to aspire to. Though not a treaty itself and therefore not binding on Member States, the UDHR serves as the cornerstone for the definition of human rights and fundamental freedoms as outlined in the United Nations Charter, which is legally binding on all State Parties including Eritrea which joined the United Nations(UN) in 1993.
The UDHR is also the bedrock upon which treaties such the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were founded. Eritrea has notably ratified both covenants, further and invariably placing upon itself a legal obligation to abide by the human rights norms enunciated in the declaration as well as other ratified treaties.
The United Nations General Assembly held its Seventieth Session in October 2015, during which the Minister of Foreign Affairs of Eritrea, H.E. Mr. Osman Saleh, was invited to address the assembly. In his speech, the Honourable Minister declared that Eritrea is making remarkable progress in building a nation founded on the respect for human rights, contrary to what he described as “unfair and baseless accusations” of human rights violations that Eritrea has been subjected to. But is Eritrea truly making the progress that it has committed itself to in terms of the UDHR? Is it being unfairly targeted by the international community? These questions warrant an examination of some of the observations on the state of human rights in Eritrea made by treaty bodies and the Commission of Inquiry (COI) on the situation of human rights in Eritrea.
Right to food: A ‘black and white’ choice?
Posted: 25 April, 2013 Filed under: Bereket Kefyalew | Tags: ACHPR, Africa, African Commission, CEDAW, civil society, Committee on Elimination of Discrimination Against Women (CEDAW), CRC, democracy, Ethiopia, food security, human rights, ICCPR, ICESCR, NGOs, right to food, UDHR 3 Comments
Author: Bereket Kefyalew
Freelancer based in Copenhagen, Denmark
The Ethiopian government often associates its developmental ideology with the East Asian model, while at the same time defining itself as a progressive democratic government. Paradoxically, the government defends itself from prodemocracy critics by arguing that food security comes first, then slowly comes democracy. Within this context, I analyse the right to food as a legal concept and how it can be used as a means to achieve food security in Ethiopia.
Ethiopia has ratified and adopted the main instruments establishing the right to food such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the Covenant on the Rights of the Child; the Convention on the Elimination of All forms of Discrimination Against Women; and the African Charter on Peoples’ Rights. Ethiopia is also bound by international humanitarian law, having ratified the Geneva Convention of 1999 and the Additional Protocols thereto of 1977.
AfricLaw 