Towards eradicating female genital mutilation in Nigeria
Posted: 3 September, 2021 Filed under: Dunia Mekonnen Tegegn | Tags: abuse, abuse of women, Africa, child marriage, clitoris, cultural relativism, domestic violence, federal law, female genital mutilation, fgm, FGM/C, fistula, GBV, gender-based violence, Harmful practices, harmful traditional practices, human rights, indigenous areas, international call, maternal mortality, Nigeria, protection, psychological violence, sexual violence, socioeconomic violence, traditional circumcisers, Type II, vagina, violence, women's rights Leave a comment
Author: Dunia Mekonnen Tegegn
Human Rights Lawyer and Gender equality advocate
Nigeria is home to over 180 million people, 49.4% of whom are female. Along with the rest of the population, the Nigerian female population will experience dramatic increases in size by 2050. As far as violence against women is concerned, federal law addresses sexual violence, physical violence, psychological violence, harmful traditional practices, and socio-economic violence. The law also cites spousal battery, forceful ejection from the home, forced financial dependence or economic abuse, harmful widowhood practices, female genital mutilation/cutting (“FGM/C”), other harmful traditional practices, substance attacks (such as acid attacks), political violence, and violence by state actors (especially government security forces) as offenses.
A 2019 survey on domestic violence found that 47% of respondents had suffered from domestic violence or knew someone who had; 82% of respondents indicated that violence against women was prevalent in the country. Police often refused to intervene in domestic disputes or blamed the victim for provoking the abuse. In rural areas, courts, and police were reluctant to intervene to protect women who formally accused their husbands of abuse if the level of alleged abuse did not exceed local customary norms.
Child marriages in Zimbabwe and the failure by the State to fulfil its obligations to protect the rights of children
Posted: 26 August, 2021 Filed under: Nqobani Nyathi | Tags: ACERWC, Africa, African Commission, child marriage, child marriages, children's rights, Committee of Experts on the Rights of the Child, constitution, Constitution of Zimbabwe, discrimination, gender inequality, girl child, human rights, Maputo Protocol, Marriage Act, Marriages Bill, provisions, religion, religious justification, religious sects, reproductive health, rights of children, rule of law, sexual rights, SRHR, women's rights, Zimbabwe Leave a comment
Author: Nqobani Nyathi
Researcher, Centre for Human Rights, University of Pretoria
Introduction
Recently, there have been reports about a 14-year old child who died during childbirth. The reason why such a tragedy happened and may continue to happen is the State’s failure or unwillingness to eradicate child marriages. This article seeks to outline Zimbabwe’s legislative framework regarding child marriages and its obligations in terms of international law.
The legal position
Child marriage is illegal in Zimbabwe as held by Zimbabwe’s Constitutional Court. In January 2016, the apex court rightly found that the legislative provisions legalising child marriages were inconsistent with the Constitution of Zimbabwe. The Constitution has fairly strong provisions promoting and protecting the rights of children, including the right to be protected from sexual exploitation or any form of abuse. The Court also observed that historically there has been a “lack of common social consciousness on the problems of girls who became victims of early marriages.”
The fact that child marriages had to be declared illegal through litigation exposes this lack of common social consciousness. Zimbabwe had been clinging to the archaic law legalising the marriage of children in terms of both the Marriage Act 81 of 1964 and the Customary Marriages Act 23 of 1950.
Uganda’s new Sexual Offences Act fails to address the toxic culture of victim blaming
Posted: 2 July, 2021 Filed under: Elizabeth Kemigisha | Tags: consent, gender-based violence, girls, justice, sex, sexual activity, Sexual and Gender-Based Violence (SGBV), sexual assault, sexual crimes, sexual offences, Sexual Offences Act, Sexual Offences Bill, sexual violence, sgbv, toxic, Uganda, victim blaming, victims, women, women's human rights, women's rights 1 Comment
Author: Elizabeth Kemigisha
FIDA Uganda
On 3 May 2021, Uganda’s Parliament passed the Sexual Offences Act, 2021. This Act – which has been 21 years in the making – can be applauded for increasing protection and redress to survivors of sex-related crimes. The majority of MPs supported the Bill and its core purpose of combating sexual violence and consolidating laws of sexual offences, providing for punishment of perpetrators of sexual offenses, providing for procedural and evidential requirements during trial of sexual offences and other related matters. Many of the MPs agreed that if passed the Bill would fill the gaps that exist in the current laws making the legal framework more adequate and aligned with the international human rights standards that Uganda ascribes to. However, the final version of the Bill which was passed falls short of these international standards for the protection of human rights – and the rights of women in particular – on various fronts, including in its limited definition of rape, its failure to recognise marital rape and the criminalisation of false sexual accusations.
COVID-19: How more access to the internet can reduce existing barriers for women’s rights in Africa
Posted: 4 May, 2020 Filed under: Nelly Warega, Tomiwa Ilori | Tags: Access to Information, access to information online, Africa, civil society organisations, coronavirus, COVID-19, CSOs, digital platforms, digital skills, domestic violence, health services, inequalities, International Covenant on Civil and Political Rights, internet access, Kenya, Lagos State Government Health Service Commission, lockdown, mainstream media, maternal health, maternal mortality, Mozambique, Nigeria, pandemic, PPE, PPEs, smart phones, South Africa, Uganda, women's rights Leave a comment
Authors: Nelly Warega* and Tomiwa Ilori**
*Legal Advisor, Women’s Link Worldwide
**Doctoral researcher, Centre for Human Rights, University of Pretoria
On 17 April 2020, a Twitter user tweeted about a hospital in Lagos that demanded personal protective equipment (PPE) from a woman seeking to give birth at the facility. The incident, according to the user happened at the General Hospital, Ikorodu, under the Lagos State Government Health Service Commission. The PPEs have become important for health workers given the surge in transmission COVID-19 across the world. However, despite the rising demand and scarcity of PPEs, a conversation on the propriety of placing the burden of procurement of PPEs on expectant mothers is vital.
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.
#IAmToufah makes the message clear: We are not going to wish the rape crisis away
Posted: 25 July, 2019 Filed under: Satang Nabaneh | Tags: #IAmToufah, #Jammeh2Justice, #TimeIsUp, culture of rape, Fatou ‘Toufah’ Jallow, gender-based violence, human rights abuses, President Jammeh, rape, sexual crimes, sexual violence, The Gambia, women's rights, Women’s Act 2010 Leave a comment
Author: Satang Nabaneh
Project Officer, Women Rights Unit, Centre for Human Rights, University of Pretoria
In dealing with past human rights abuses and upholding standards of respect for human rights, The Gambia’s transition from an abusive regime to democracy must also entail justice for victims of gender-based violence. Consequently, the most illustrative example of addressing sexual violence being part of the democratisation of society happened last month when 23-year-old former beauty queen, Fatou ‘Toufah’ Jallow accused former President Jammeh of rape.
Toufah detailed her story from the starting point of winning the state-sponsored beauty pageant in 2014 when she was 18 years old. Over the next few months, Jammeh lavished her with cash gifts and other favors including installation of running water in her family house. She was offered a position as a “protocol girl,” to work at the State House, which she declined. She also turned down his marriage proposal. During a pre-Ramadan Quran recital at State House, Jammeh locked her in a room and told her: “There’s no woman that I want that I cannot have.” She said that he then hit and taunted her, injected her with a liquid, and raped her. Days later, she fled to neighboring Senegal.
Effectiveness of intervention measures to address female genital mutilation in Ethiopia: A discussion
Posted: 14 May, 2019 Filed under: Henok Ashagrey | Tags: bodily harm, Children and Youth’s Affairs, children's rights, Constitution of Ethiopia, Criminal Code of Ethiopia, cultural practice, Ethiopia, female genital mutilation, fgm, harmful customs, Harmful practices, infibulation, Ministry of Women, North Shewa, rights of children, violations, violence against women, women's rights Leave a comment
Author: Henok Ashagrey
Legal Researcher at the Secretariat of the African Committee of Experts on the Rights and Welfare of the Child
Despite certain signs of progress, interventions to address harmful practices in the Federal Democratic Republic of Ethiopia (Ethiopia) are still ineffective. To be effective, these interventions require more inclusivity, stronger cooperation between levels of government, and a focus on changing societal values.
Harmful practices are a principal factor in the violations of women’s rights in Ethiopia. For example, in the North Shewa rural region in the North of Ethiopia, where I come from, harmful practices against women and girls, particularly female genital mutilation (FGM), are accepted as valid cultural practice. The practitioners of FGM justify their acts on religious and cultural grounds.
Victimised twice: Wartime rape in South Sudan is a women’s rights violation
Posted: 14 May, 2018 Filed under: Dunia Mekonnen Tegegn | Tags: armed conflict, CEDAW, Convention on the Elimination of Discrimination against Women, gender-based discrimination, Geneva Conventions, harmful traditional practices, Maputo Protocol, rape, religious dogmas, sex stereotypes, sexual slavery, sexual violence, social prejudice, South Sudan, war, war crimes, women empowerment, women's rights 2 CommentsAuthor: Dunia Mekonnen Tegegn
Human rights lawyer, Ethiopia
In December 2013, South Sudan was plunged into a massive scale of violence because of the outbreak of conflict between the Sudan Liberation Army and the Sudan People Liberation Movement. The fight took an ethnic turn as soldiers from the country’s largest groups, the Dinka, and Nuer, divided their loyalties to either President Kiir or his deposed vice, Mr Machar respectively. While some civilians were caught in the cross fire, others were deliberately targeted along ethnic lines. Women are the immediate victims of this conflict because of rampant sexual abuse perpetrated against them.
Violence against women and girls in Africa: A global concern to ponder on International Women’s Day and beyond
Posted: 8 March, 2018 Filed under: Kennedy Kariseb | Tags: Africa, conflict, education, empowerment, feminism, girls, human rights, international human rights, international law, International Women's Day, IWD, IWD2018, pandemic, sexual violence, SRVAW, treaty, UN, United Nations, VAW, violence, violence against women, women, women's human rights, women's rights, women's rights movement 2 Comments
Author: Kennedy Kariseb
Doctoral candidate, Centre for Human Rights, Faculty of Law, University of Pretoria
It has been four decades since the United Nations (UN) observed for the first time International Women’s Day (IWD) on 8 March 1975. Although there are traces of celebration of this day, dating as far back as 1909, its formal initiation came in the wake of the first World Conference of the International Women’s Year that took place in Mexico City, Mexico. Its object, as aptly argued by Temma Kaplan, is to mark ‘the occasion for a new sense of female consciousness and a new sense of feminist internationalism’.[i]
In a sense, 8 March is meant to be a day of both celebration and reflection for women the world over: a celebration of the gains made in enhancing women’s rights and the overall status of women globally, while reflecting and strategising on the voids and shortcomings still persistent in the women’s rights discourse. The occasion of the forty-third celebration of the IWD clearly marks an opportunity for feminist introspection on the broader question of violence against Women (VAW) and its regulation under international law. This is because while VAW is not the only form of human rights abuse women suffer, it is one in which the gendered aspect of such abuse is often the most clear and pervasive.
Banning female circumcision in The Gambia through legislative change: The next steps
Posted: 19 January, 2016 Filed under: Satang Nabaneh | Tags: Africa, Anti-FGM Board, Anti-FGM Prosecution Unit, Domestic Violence Act, female circumcision, female genital mutilation, fgm, harmful traditional practices, Maputo Protocol, Ministry of Women’s Affairs, Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, right to dignity, right to health, Sexual Offences Act, The Gambia, women's rights, Women’s (Amendment) Bill 2015 2 Comments
Author: Satang Nabaneh
Lecturer at the Faculty of Law, University of The Gambia.
There is nothing more powerful than a decision made at the right time, especially one which is a desideratum. So it was with the ban on female genital mutilation (FGM) in The Gambia. From the coastal village of Brufut, on the chilly night of 24 November 2015, President Jammeh declared a ban on FGM stating that it was a cultural and not a religious practice (that is not to say that the practice would have been justifiable if it was a religious practice, given its well documented harmful effects). The news was as unexpected as it was music to the ear. It was every campaigner’s wish, to see an end to FGM in The Gambia. This was swiftly followed by the passing of the Women’s (Amendment) Bill 2015 by the National Assembly on 2 December 2015 to prohibit female circumcision. The amendment addresses one of the key deficiencies of the Women’s Act 2010 which was the absence of a provision on eliminating harmful traditional practices. The Amendment Act added sections 32A and 32B in the Women’s Act. With the enactment, The Gambia joined a number of African countries in adopting legislation as a reform strategy for ending FGM.
AfricLaw 