PULP (Pretoria University Press) launches Socio-Ecnomic Rights Series
On Tuesday 8 December 2009, Pretoria University Law Press (PULP) and Community Law Centre (CLC) held a book launch with an African theme launching PULP’s “Socio-Economic Rights Series” which consists of 6 titles:
This was an occasion with a difference. A very large audience listened attentively under the stars to the brief addresses made by the various authors before they tucked into a menu designed specifically to capture the spirit of socio-economic rights. Corn on the cob, samp and beans, pap and vleis served on tin plates were heartily enjoyed by all present.
Visit www.pulp.up.ac.za for more information
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PULP launched its Socio-Economic Rights Series.
Visit www.pulp.up.ac.za
for more information.
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Thoko Kaime receives a commemorative copy of his book to celebrate the book launch |
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Graduation Ceremony for Master of Laws (LLM) degree in Human Rights and Democratisation in Africa on 10 December 2009
29 outstanding law students from 20 countries have just completed a Master of Laws (LLM) in Human Rights and Democratisation in Africa. This is the 10th group of students to graduate on this programme, which is presented by the Centre for Human Rights in collaboration with eight partner institutions from across the continent.
The students were drawn from a variety of backgrounds, including the civil service, the judiciary, academia, and some recent graduates. They spent the first six months at the University of Pretoria, where they were taught by internationally renowned lecturers. In June they undertook field trips to Rwanda, Sierra Leone, Kenya and Sudan. The next six months were spent at one of the partner institutions where they completed a dissertation and an internship with a human rights organization.
Since its inception in 2000, 291 students from 35 African countries have graduated from the programme, and gone on to hold various positions in government, academia, and the NGO sector. 30 students from 20 countries have already been selected to participate in the programme next year.
The keynote address at the well-attended Graduation ceremony which took place at the University of Pretoria on International Human Rights Day, 10 December, was delivered by the UN High Commissioner for Human Rights, Judge Navi Pillay, who was awarded an honorary doctorate by the University of Pretoria. Also during the ceremony, Ms Edna Adan Ismail was awarded the Chancellor’s Medal for her outstanding contribution to humanity, in particular with regard to helping the under-privileged realize their right to health.
A number of prizes were awarded to deserving students, including the Nelson Mandela Prize for the best academic performance.
A less formal ceremony took place immediately after graduation during which a number of short speeches were made. Professor Christof Heyns, who was the inspiration behind the creation of the LLM Programme, outlined how he had been inspired by the European Master’s degree programme in Human Rights and Democratisation to introduce something similar for Africa.
Ambassador Lodewijk Briët of the European Union delivered some encouraging supporting remarks as the principal donor.
LLM Programme Manager, Martin Nsibirwa, introduced the recipient of the Chancellor’s Medal, Ms Edna Adam Ismail, who accepted the award in a moving address which she accepted on behalf of those individuals and groups both in Somaliland and elsewhere who have taken great personal risk to ensure that others may live in peace and dignity.
A special prize for the alumnus or alumna who best furthered the spirit of the programme in their subsequent career is also awarded annually. Mr Norman Taku, Assistant Director of the Centre for Human Rights, gave the background to the Vera Chirwa prize and introduced this year’s recipient, Mr Gabriel Shumba, Director of the Zimbabwe Exiles Forum, who responded briefly.
After the much-loved French tutor of the graduates, Mme Nicole von Wesphalen had presented two prizes to deserving students, Professor Kofi Quashigah, Dean of the Faculty of Law at the University of Ghana and Chair of the LLM Council, spoke on behalf of the nine partner institutions.
The next speaker was Ms Patricia Atim, Class Representative for 2009, who entertained the audience with an address presented on behalf of her classmates. She was followed by Ms Monica Mbaru, a graduate of the Class of 2005, who spoke on behalf of the 55 alumni who had returned to Pretoria to celebrate the 10th anniversary of the programme.
The final speaker for the afternoon was Professor Frans Viljoen, Director of the Centre for Human Rights, who gave an overview of the programme and extended thanks to donors and colleagues who had made this special event possible. And then, finally, it was party-time!
The LLM Programme is sponsored by the European Commission, the Raoul Wallenberg Institute for Human Rights and Humanitarian Law, German Academic Exchange Service (DAAD), the Royal Netherlands Ministry of Foreign Affairs, and the Embassy of Finland. |
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The class of 2009 from the LLM (Human Rights & Democratisation) programme throw their hats in the air.
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Judge Navi Pillay, who was awarded an honorary doctorate by the University of Pretoria |
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Ms Edna Adam Ismail, recipient of the Chancellors's Medal with Prof Chris de Beer, Senior Vice-Principal of the University of Pretoria. |
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Ambassador Lodewijk Briët awards Mr Gabriel Shumba, Director of the Zimbabwe Exiles Forum with the Vera Chirwa Award. |
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Some of the LLM students who graduated on International Human Rights Day on the the 10th of December 2009. |
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First World Human Rights Moot Court Competition
International Human Rights day is celebrated worldwide on 10 December of each year, to commemorate the adoption of the Universal Declaration of Human Rights by the United Nations in 1948. While the celebrations are normally conducted from the headquarters of the High Commissioner for Human Rights of the United Nations in Geneva, they were centred this year in South Africa, on the campus of the University of Pretoria.
As part of the celebrations the UN High Commissioner for Human Rights, Judge Navi Pillay, served as the President of the First World Human Rights Moot Court, an event in which 10 teams from the five United Nations regions around the world argued a case about discrimination as if they were doing so before an international court.
The teams in the final rounds were:
- Africa
Université de Yaoundé II, International Relations Institute of Cameroon and the American University in Cairo, Egypt. The winner of this round was the American University in Cairo, Egypt.
- Western Europe and others
The University of Lucerne Law Faculty in Switzerland and Freie University, Berlin, Germany. The winner of this round was The University of Lucerne Law Faculty in Switzerland.
- Eastern Europe
Debrechen University, Hungary, and the Institute of International Relations of Taras Shevchenko Kyiv National University of Ukraine. The winner of this round was the Institute of International Relations of Taras Shevchenko Kyiv National Unversity of Ukraine.
- Asia
Gujarat National Law University and the National Law School of India University. The winner of this round was the National Law School of India.
- Latin America and the Caribbean
Universidad Juarez Del Estado De Durango of Mexico and Pontificia Universidade Catolica de Sao Paulo of Brazil. The winner of this round was Pontificia Universidade Catolica de Sao Paulo of Brazil.
The judges for the World Human Rights Moot Court Competition included former Chief Justice Pius Langa, former Chief Justice Arthur Chaskalson, from South Africa; Advocate Jobi Makinwa, Civil Society Coordinator of the UN Global Compact in New York; and George Mugwanya, Senior Counsel of the International Criminal Tribunal for Rwanda. The final rounds were open to the public. |
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Justice Arthur Chaskalson, Former President of the Constitutional Court of South Africa was a judge in the final round of the competition.
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High Commissioner Navanethem Pillay served as the President of the First World Human Rights Moot Court. |
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The winner of the African round was the team from the American University in Cairo, Egypt. |
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Future Africa - NEPAD Book launch
From the Pretoria News, 12 November 2009
Former President Thabo Mbeki has urged African leaders to take charge of their own destiny. Speaking at the launch of the book Future Africa (Prospects for Democracy and Development under NEPAD) at the university of Pretoria on 11 November 2009, Mbeki said that unfortunately there were a number of African countries which relied on donor support.
He said some of these countries were so reliant on donor support that they could not pay their public servants if such support was not available. "Yes, we are poor but we need to take charge of our destiny if we are to get out of poverty," said Mbeki. He said the book by Dr Hesphina Rukato, a former deputy chief executive officer at the NEPAD Secrateriat, contained a serious analysis of some issues relating to NEPAD.
Mbeki said that when NEPAD was launched about nine years ago, it was aimed at the socio-economic transformation of the continent. "The project is facing problems, but we cannot abandon it."
One of the biggest problems with the Africa continet "is that we believe many untruths about ourselves", he said.
"The consequences is that we take wrong decisions based on these untruths", he said. Mbeki said Rukato's book had to serve as a reference for researchers and should be treated as volume one of a series.
Rukato said one of the biggest problems facing NEPAD was that there was no succession plan. "Steps need to be taken to addreess this problem is Africa is to claim its place in the 21st century," she said. Rukato, who wrote the book as a senior reseracher in the Centre for Human Rights at the University of Pretoria, said sacrifices should be made in order to change "a continent as diverse as Africa".
"There are certain things which need to be done in order to strengthen the partnerships with other stakeholders," she said. She described the book as her personal contribution to the NEPAD process. |
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Former President Mbeki shares a moment with Dr Hesphina Rukato
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Former President Mbeki urged African leaders to take charge of their own destiny |
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A law student gets an autograph from the former president |
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Centre launches two new publications
The Centre for Human Rights have launched two new publications.
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Prof Frans Viljoen hands a copy of the Overview Report to Commissioner Bitaye, Chairperson of the Working Group on Indigenous Communities in Africa.
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Prof Frans Viljoen hands a copy of the Advocacy Tool on the Protocol on the Rights of Women to Commissioner Maiga, Special Rapporteur on the Rights of Women in Africa (African Commisssion Human and Peoples' Rights) at the 46th Session of the African Commisssion. |
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The Right to Know: Screening of documentary
On 14 October 2009, the Centre for Human Rights, in collaboration with IDASA, hosted the screening of a documentary and discussion on the linkage between the right to know and the right to education. The documentary was introduced by Mr Benedicto Kondowe, the Director of the Civil Society Coalition for Quality-Based Education (CSCQBE) in Malawi. The aim of this organisation is to ensure the actual realisation of the right to basic education, as guaranteed in the Malawian Constitution. In their work, and in the documentary which they have prepared, the importance of access to information as a means to ensure the right to education is stressed. Parents and other stakeholders need to know exactly how money is allocated and should have a say in the process of budgetary allocation.
The CSCQBE is a partner in IDASA’s Right to Know/Right to Education project, which brings together a total of six partners from Southern and Eastern Africa. The project operates as part of IDASA’s Economic Governance Programme. |
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The Right to Know
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| Discussion following the documentary focused on issues such as financial control of expenditure; collaboration between government and civil society; inclusiveness in education, for example of children living with disabilities; litigation as strategy; and challenges to ensure the full realisation of the right to basic education. |
6th Annual African Trade Moot Court Competition
The Annual African Trade Moot is a joint initiative of the University of Pretoria and the University of the Western Cape, with the support of the WTO. The competition is a unique opportunity for students from English-speaking African countries to engage in topical trade issues related to international trade law as argued before the WTO Trade Dispute Settlement Body.
During the week of 28 September - 2 October 2009, students and faculty representatives representing 9 law faculties from 6 countries across Africa, assembled in Pretoria, South Africa, for the 6th Annual African Moot Court competition which was organised by the Centre for Human Rights of the University of Pretoria.
The Universities participating were:
- Bahir Dar University – Ethiopia
- University of Bouake – Côte D’ Ivoire
- Moi University - Kenya
- University of Malawi – Malawi
- Nelson Mandela Metropolitan University – South Africa
- University of Pretoria – South Africa
- University of the Western Cape – South Africa
- University of Zululand – South Africa
- Walter Sisulu University – South Africa
Other universities that had registered but could not make it due to logistical problems were:
- Universite Libre de Kigali – Rwanda
- National University of Rwanda
The four preliminary rounds were conducted in English over two days, with each team arguing before panels of judges comprised of faculty representatives. Each team was required to argue twice for the Applicant and twice for the Respondent.
Day one - Monday, 28th September 2009
The week began with registration on Monday afternoon, where participants each received various handout “goodies”. This was followed by a briefing session, where aspects related to the week’s procedures were highlighted.
The Opening Ceremony followed registration. G guests were welcomed by Gill Jacot-Guillarmod, Senior Liaison Officer at the Centre for Human Rights at the University of Pretoria. The keynote speaker, Prof Michelo Hansungule, delivered an interesting and thought provoking address on Nepad which students wished had been longer.
The drawing of lots and a cocktail ceremony concluded the events for the day.
Day two -Tuesday, 29th September 2009: Preliminary Rounds I & II
This was a full day with pauses only for lunch and tea. The competition between the participants was intense and at the end of the day scores were very close.
Day three - Wednesday, 30th September 2009: Training Seminar
The morning was set aside for students to either improve on their argument or to go on a shopping excursion to Menlyn, one of the biggest shopping centres in Gauteng. It gave them some time to forget about the competition and to relax for a short while.
A training seminar was presented in the afternoon by Mr. Lambert Botha, International Trade Advisor, South African Agricultural Processors Association
Day four - Thursday, 1st October 2009 - Preliminary Rounds III & IV
This was the last chance to make a strong impression! For some of the participants it was a stressful day and as they waited for their “court appearance” several were seen going over their notes. Louise Pieterse from PriceWaterhouseCoopers was on hand to make sure that all scores were recorded accurately and the calculations were correct. When Round IV was over, and during a light finger supper, the faculty representatives together with the students had the opportunity to review the results and comments made by the panelists during the week. PriceWaterhouseCoopers announced the final round participants – Moi University and Bahir Dar University. The drawing of lots followed to determine who would plead for the Applicant and who for the Respondent and then everybody returned to their respective hotels.
Final day - Friday, 2nd October 2009 - Final Round & Closing Ceremony
The final round was scheduled for 10 o’clock so with not much time in hand to really improve on their arguments, everyone returned to the University of Pretoria to hear what was in store as the finalists had not argued against each other during the preliminary rounds,
The panellists for the final round were:
- Maxine Kennett, Director, Trade Facilitation & Capacity Building Project, USAID Southern Africa Global Competitiveness Hub, Gaborone, Botswana
- Advocate A. Saurombe, Senior Lecturer and Advocate, Mercantile Law Department, College of law, University of South Africa
- Mr. Jan Heukelman, Trade Consultant, J Heukelman International
- Nkululueko Khumalo, Senior Researcher: Development through Trade, SAIIA
When both sides had concluded their arguments, the judges began their deliberations. Once a decision had been reached the judges commented on the calibre of the arguments presented and congratulated both teams on their presentations and on the way in which they had acquitted themselves during incisive questioning from the Bench. Mr Hilton Zunkel, Director, Trade Law Chambers, who wrote the Moot problem, gave the participants and guests an in-depth summary on the problem. Only then was the winning team announced by Louise Pieterse of PriceWaterhouseCoopers and prizes awarded. Moi University, represented by Ms. Jerusha Asin Owino and Ms. Viola Gari were declared the winners. The best memorials award went to Bahir Dar University and the best oralist to Ms. Jerusha Asin Owino of Moi University.
Due the “credit crunch” sponsors for this year were very limited but the following institutions contributed:
- PULP (Pretoria University Law Press)
- General Bar Association
- Centre for Human Rights
- University of Pretoria
- PriceWaterhouseCoopers
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Centre staff celebrates Do It Day
Friday, 18 September 2009 was a very different day for the staff of the Centre for Human Rights. 17 of us joined hands with 3,845 other South Africans across the country to participate in Do It Day, a day organised by Greater Good South Africa, during which we were able to volunteer our time and energy to help those less fortunate than ourselves.
The team from the Centre, along with 15 other volunteers from other organisations, worked at POPUP, a People’s Upliftment Program on the edge of the city of Pretoria. After being welcomed by POPUP’s management, a video was screened to show us the various projects which POPUP undertakes. And then we got down to work! Some of us cleaned, scraped, painted, created a bulletin board and generally worked at brightening up the reception area in the beautiful, old, but rather tired-looking building near the railway station where POPUP is housed. Another group literally got down and dirty, scraping and cleaning an upstairs bathroom and when it was bright and shiny, they painted the walls. The bathroom looked like new! Another group worked outdoors, scraping the palisade fencing surrounding the POPUP grounds to get the fence ready for another group of volunteers who were coming in the next day to paint it. A fourth group tidied and helped prepare the garden.
The Centre had provided a tasty picnic lunch for the workers and we all took a short break, relaxing on the lawn at noon chatting about the progress we were making.
Before we knew it, it was time to leave but when we stood and contemplated what we had done, it was clearly a case of mission accomplished. The POPUP personnel were effusive in their praise and their thanks for our efforts and invited us to return at any time and to access their website regularly to keep abreast of their activities. Thank goodness we had been forewarned to wear old clothes. Everyone was either grubby or paint-spotted and there were certainly quite a few aching muscles.
The general consensus was that Do It Day had been thoroughly enjoyed by all. It is hoped that similar undertakings will occur on a regular basis. The University of Pretoria and the Faculty of Law place considerable emphasis on Community Engagement, a commitment fully supported by the Centre for Human Rights.
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Prof Hansungule addresses African Development Bank
On Friday 18 September 2009, Professor Michelo Hansungule addressed a joint meeting of the two Boards of the African Development Bank (AfDB) at the temporary location of the Bank in Tunis, in the North African country of Tunisia. The meeting comprising forty plus Vice Presidents, Executive Directors, Executive Directors' Advisors, Senior Management of the Bank Group which consists of the Boards of the AfDB and the African Development Fund was chaired personally by the President of the AfDB, Rwandan national and reknowned African economist Dr. Donald Kaberuka. Dr. Kaberuka was previously Rwanda Finance Minister in the government of President Paul Kagame.
Professor Hansungule was presenting his preliminary report on a study he had been commissioned earlier in the year as Independent Consultant to Review the Bank’s Independent Review Mechanism (IRM) the regional development Bank introduced in June 2004 and which started operating in 2006. IRM is an independent mechanism providing people affected by Bank-financed projects with the means to complain to the highest Bank decision making authorities the two Boards of the Executive Directors as well as the President in his capacity as Chairperson of the Boards and to request an investigation into the project to determine whether Management has complied with Bank policies and procedures in the conceptualisation, design and implementation of the project. To operate the IRM, the Bank has introduced a number of policies, rules and procedures including in environmental and social, governance, gender, involuntary resettlement, agriculture, etc. Key among these policies is the emphasis on consultation that before the Bank Group embarks on financing the project and throughout the project cycle, it must acquit the obligation in its policies to adequately consult with the communities affected and who are likely to be affected by the project. For example, if the Bank-financed project involves entails creating a dam in which people in the area will need to be removed and their livelihoods changed as a result of the removal or displacement, the policies require that the Bank undertakes consultations with the people which consultation would include the possibility by the borrower to award them with adequate compensation and restitution.
Professor Hansungule’s paper was roundly praised by the two Boards and provided with valuable comments from several Executive Directors that addressed the meeting after his presentation. Important issues it raised include strengthening the capacity of IRM to effectively address its mandate to entertain complaints from affected communities, revising the enabling Resolution to promote wider participation by the general public in the instrument, reviewing the modus operand governing the making of complaints through to compliance review, introducing some modifications to the problem solving initiative the unique feature of the IRM relative to similar instruments in other international development banks, etc. After the presentation, Professor Hansungule was invited by Dr. Kaberuka to a private discussion.
Centre staff participate in 67 Minutes for Mandela Project
In line with the Centre's resolve to help those less fortunate than ourselves, the Centre decided to contribute to the 67 Minutes for Mandela Project which was introduced by the Nelson Mandela Foundation to honour the former President's 91st birthday and acknowledge the 67 years he had committed himself to improving the lives of others.
Pastor Melvyn Naidoo, whom we had met on our visit to the Mamelodi Old Aged Home, identified the Andries Snyman Resort for the Aged in Eersterus, as an institution in dire need of support. A collection was held in the office, a large supply of tea treats was purchased, and on 30 July 2009 several members of the staff went to engage with the old folk in the home in an effort to bring a little sweetness into their lives.
We stayed a lot longer than 67 minutes and it's hard to say who benefitted most: the old folk at the Resort or the Centre staff. Conversations took place, songs were sung, there was even some dancing, and a thoroughly pleasant morning was had by all. We departed feeling that South Africa's elder statesman would definitely have approved of the way his name was honored on that occasion.
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18th African Human Rights Moot Court Competition
During the week of 10 to 15 August 2009, students and faculty representatives representing 70 law faculties from 26 countries across Africa, assembled in Lagos, Nigeria for the 18th African Human Rights Moot Court Competition. The event was organised by the Centre for Human Rights, Faculty of Law, University of Pretoria, in collaboration with the University of Lagos (UNILAG).
The competition simulated the African Court on Human and Peoples’ Rights, which was recently established by the African Union for the African continent. The theme this year was arguing the rights for minority groups as enshrined in the African Charter.
The Competition was officially opened in the main Auditorium of the University of Lagos, by Nigeria’s Attorney-General, Justice Chief Michael Kaase Aondoakaa on behalf of Nigeria’s Vice-President, Goodluck Jonathan. UNILAG's Department of Dramatic Arts entertained the audience with an exhilarating performance of music, dance and drama, centered on a human rights theme.
The four preliminary rounds were conducted in French, English and Portuguese over two days in the lecture rooms of the Faculty of Humanities, with each team arguing in a separate court in their own language before panels of judges comprised of faculty representatives. Each team was required to argue twice for the Applicant and twice for the Respondent.
Thursday was allocated to relaxation. Students and faculty representatives were treated to a visit to the Oba's Palace in Lagos where they met with His Royal Majesty Alaiyeluwa Oba Riliwanu Babatunde Osuolale Aremu Akiolu, the Oba of Lagos, who welcomed them and took them on a tour of the palace. Then the entire group headed for Akoda beach where they had lunch and relaxed playing a variety of games on the sand before being attracted to the dance floor by the throbbing African music.
Friday and Saturday kept everyone very busy. The audience was entertained by performances by short-listed candidates who had submitted scripts in English, French and Portuguese.
The Conference on International Law and Human Rights Litigation in Africa also took place, with papers being presented by a large number of delegates from across the continent. In addition, a training course was presented for International Law in Domestic Courts (ILDC) reporters and those interested in becoming ILDC reporters.
The highlight of the week, however, definitely took place on Saturday, 15 August, in the main Auditorium of the University of Lagos, when the top two English teams, the top two French teams, and the top two Portuguese-speaking teams merged to form two new combined teams of six students each in the final round. Justice Muhammadu Lawal Uwais, former Chief Justice of Nigeria, presided over a panel of eminent jurists which included Justice Awa Nana Daboya, President of the Court of Justice of ECOWAS, represented by Mr Yusuf Danmadami, Advocate Reine Alapini Gansou, Member of the African Commission on Human and Peoples’ Rights, Prof Mamadou Badji, Director of the Centre des Relations Internationales et de la Francophonie, Mrs Ayo Obe, Member of the Board of the Open Society Initiative for West Africa, and Dr David Padilla, Former Assistant Executive Secretary, Inter-American Commission on Human Rights
In a closely contested final round, the team appearing for the Applicant, viz., the University of Ghana, the University de Dschang from Cameroon, and Eduardo Mondlane University from Mozambique, were declared the winners. The Respondents and runners-up were represented by the University of Cape Town, Gaston Berger de St Louis of Senegal, and the University of Zambeze from Mozambique.
The week’s proceedings were concluded on Saturday evening with a banquet at the Sheraton Hotel and Sunday, 16 August, saw everyone heading for home, with friendships having been forged and contact details exchanged. The general consensus was definitely that the 18th African Human Rights Moot Court Competition had been a major success.
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Students in traditional dress at the opening ceremony
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A student arguing in the preliminary rounds on Tuesday
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Faculty representatives served as judges during the preliminary rounds
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Time to bond and make new friendships between the rounds |
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Students arguing in the peliminary rounds on Tuesday |
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The second day of the
preliminary rounds |
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Students in traditional dress at the opening ceremony
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Prof Frans Viljoen, Prof Oyewo Oyelowo and Mr Norman Taku
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Faculty representatives served as judges during the preliminary rounds
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After the preliminary rounds, students and faculty represenatives peruse score sheets |
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Perusal of the score sheets before the
6 finalist teams are
announced
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Joy and excitement when the finalists of the 18th African Human Rights Moot Court is announced |
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A view of Lagos, on the way to visit the Oba, as part of the excursion |
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The Oba of Lagos, discussing various law issues with the participants |
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| Some welcome
relaxation on Akado Beach |
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On the beach
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On the beach |
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| On the beach |
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On the beach
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On the beach |
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| On the beach |
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Members of the respondent team
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Before the judges arrive
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Arguing the Moot problem in the final round
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Arguing the Moot problem in the
final round
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The judges and auditors of the
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| The winners of the final round of the 18th African Human Rights Moot Court Comeptition |
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Good Governance General Course 2009
The principle of good governance has been embraced by many organisations and institutions across Africa. This was evidenced by the enthusiasm demonstrated by the number of institutions, both in the public and private sector, who sent representatives to the annual good governance course presented by the Centre for Human Rights, University of Pretoria. The course was held from 13 – 24 July 2009. Fifty (50) participants from nineteen (19) African countries attended.
This year the course touched on issues concerning business and human rights, corruption in the private and public sector, financial institutions and state responsibility, politics and good governance, HIV/AIDS and good governance, as well as many pertinent contemporary issues across the continent.
The delegates, who were mostly senior professionals from NGOs, inter-governmental organisations, government departments, national human rights institutions, as well as students, engaged in heated debates relating to good governance in a one-day moot exercise. The participants were put in three main groups consisting of applicants, respondents and judges. They argued on admissibility of communications before the African Court of Justice and Human Rights. Other issues argued related to state responsibility, extradition, undemocratic change of government, socio-economic rights, and civil and political rights. The lecturers who presented papers during the course were prominent experts from Africa in the field of good governance.
As part of the course, delegates visited the Apartheid Museum. This, many believed, was a life-time opportunity to learn about the negative effects of the apartheid regime which existed in South Africa until 1994.
Civil Society calls on President Zuma to cooperate with ICC
Several South African civil society organisations and many concerned individuals have endorsed a statement calling upon President Jacob Zuma to honour South Africa’s treaty obligations by cooperating with the International Criminal Court (ICC) in relation to the warrant of arrest issued for President Omar al-Bashir of The Sudan.
Virtually all of South Africa’s leading human rights organisations, including the South African Human Rights Commission, have united around the call for South Africa’s government to respect its own law and Constitution and to disassociate itself from the AU decision to refuse cooperation with the ICC.
The South African based organisations that have endorsed the statement are:
- Aids Consortium
- Centre for Applied Legal Studies (CALS)
- Centre for Human Rights, Faculty of Law, Pretoria University
- Centre for Justice and Crime Prevention
- Centre for the Study of Violence & Reconciliation (CSVR)
- Human Rights Institute of South Africa (HURISA)
- International Centre for Transitional Justice (ICTJ)
- International Crime in Africa Programme, Institute for Security Studies (ISS)
- Khulumani Support Group
- Legal Resources Centre (LRC)
- Lawyers for Human Rights (LHR)
- Open Society Foundation of SA (OSF-SA)
- Open Society Initiative of Southern Africa (OSISA)
- Sonke Gender Justice Network
- South African History Archive (SAHA)
- South African Human Rights Commission (SAHRC)
- Southern African Litigation Centre (SALC)
Prominent South Africans who have endorsed the statement include:
- The Most Reverend Desmond Mpilo Tutu, former Chairperson of the TRC
- Richard Goldstone, former chief prosecutor of the International Criminal Tribunal for the former Yugoslavia and Rwanda; former judge of the Constitutional Court of South Africa
- Advocate Dumisa Buhle Ntsebeza SC, former Commissioner on the International Commission of Inquiry on Darfur appointed pursuant to UN Resolution 1564
- Professor Kader Asmal, Former Minister and Honorary Professor UCT and UWC
- Professor Hugh Corder, Professor of Public law, UCT
- Yasmin Sooka, former TRC Commissioner
- Professor John Dugard, Centre for Human Rights, Pretoria University
- Jody Kollapen, Chairperson of the South African Human Rights Commission
- Professor Karthy Govender, Commissioner of the South African Human Rights Commission and Professor of Law, University of KwaZulu Natal
Comfort Ero, Director of the South African office of the ICTJ said that “the statement is inteded to convey to the government the extent of opposition from civil society organizations for South Africa’s decision not to comply with its national and international legal obligations”. She added that this decision “impacts profoundly on the rule of law, both locally and internationally. We seek a commitment from the SA government that it will comply with the letter of the law in this regard. We await this clarification and we will then decide how to further engage and respond”.
The statement is attached. The statement has also drawn support from a number of foreign based organisations and concerned individuals. A full list of the organisations and individuals who have endorsed the statement can be viewed on the website of the Institute for Security Studies at www.issafrica.org
For inquiries contact:
- International Centre for Transitional Justice (ICTJ): Howard Varney – 071672 0122; Comfort Ero – 082 927 8203
- International Crime in Africa Programme, Institute for Security Studies (ISS): Antoinette Louw – 082 883 5012;
Anton du Plessis – 078 781 3619
- Southern African Litigation Centre (SALC): Nicole Fritz – 082 600 1028
Four days visit to the National Arts Festival in Grahamstown
Starting on 2 July until 6 July 2009, we were privileged to attend the 35th National Arts Festival 2009 in Grahamstown, courtesy of the Centre for Human Rights and the National Arts Festival. This visit was organised as an award for the two LLM students who were the runners up in the 2009 Human Rights photographic competition.
The visit was for four days. We arrived on 2 July and were accommodated at John Kotze Residence, Rhodes University. The first day began at 10:30 with a meeting with Mr Ismail Mahomed, the Festival Director, who welcomed us and discussed the Festival’s programme. That day we attended a think-fest seminar where there was a discussion led by Standard Bank Young Artist award winners past and present. This was an excellent opportunity for us to become part of a strong network and share experiences with other successful practitioners and new, emerging artists. Then, we attended a Hands On! Masks Off! presentation on the relationship between the arts and the corporate sector. The presenter discussed designing sponsorship proposals that grab the attention of potential sponsors, and the “hot buttons” you need to push to get attention.
We were given ten complimentary tickets by the National Arts Festival which included a ballet performance, three dance performances, three theatre performances, a student drama, a film entitled Zeitgest Addendum and a presentation on business opportunities during the 2010 World Cup. We also got to tour some parts of the town and the craft market at the Village Green. On our last day, we had a tour in the Albany Museum. This exceeded our expectations and we enjoyed it very much; the people were very helpful and willing to answer our questions with delight. Grahamstown is a friendly town full of cheerful people. Our four days here were very beneficial and enjoyable.
We would like herewith to thank the Centre for Human Rights for giving us the opportunity to experience this great and useful and entertaining visit to the National Arts Festival in Grahamstown. It has added more to our experience and has given us a chance to attend different workshops, seminars and network opportunities for arts practitioners and to see different kind of music, dance and theatre. We also are very grateful to the National Arts Festival for co-sponsoring our visit, especially to the Festival Director, Mr Ismail Mahomed, who gave us an overview of the Festival programme and many tickets to attend the festival; he was really cooperative. Nor do we want to forget our gratitude to the friendly people who hosted us at the John Kotze place.
We recommend that this award be given every year to the winners of the photographic competition.
Ms Sylvie Kawera (Rwanda)
Ms Chongo Chitupila (Zambia)
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Centre for Human Rights engages with the Aged
In line with the emphasis the University of Pretoria is now placing on community engagement, several members of the CHR staff spent a most rewarding morning on Monday, 15 June, International Elder Abuse Day, at the Mamelodi Old Aged Home, not far from the Mamelodi campus of the University of Pretoria.
It was a lovely, sunny winter’s day and the 60 elderly men and women who live at the home thoroughly enjoyed the juice and many platters of treats – both sweet and savoury – which had been contributed by everyone at the Centre. For those of us who were able to participate, it was a truly happy and gratifying occasion. Before the feast began, we were warmly welcomed by an eloquent prayer from one of the inhabitants and it was also he who thanked us profusely before we departed. We loved chatting with the old folk, several of whom were unsighted and several of whom were disabled, but fortunately had wheel chairs to help them get around.
We were very impressed with what we saw at the home. It was clean and neat, there are two vegetable patches which are maintained by members of the community and shared with the home’s residents. Some fruit trees have recently been donated and these are sure to bear fruit and bring pleasure in the years to come. The Matron was kind and patient with her charges and informed us all about the daily routine at the home.
The time flew by all too quickly unfortunately and it wasn’t long before we had to return to the Centre but taking with us some wonderful memories and an even greater awareness of how fortunate we are. Prof Frans Viljoen expressed it succinctly when he thanked everyone for making the core of what human rights are about so visible. We certainly hope to make community engagement an integral part of our activities.
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Several members of the Centre staff pose with residents at the Mamelodi Old Age Home
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Operations Manager, Carole Viljoen, with a resident of the Mamelodi Old Age Home
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Assistant financial manager Sarita-Pienaar Erasmus share a sentimental moment with one of the residents
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Gill Jacot Guillarmod, the Centre's Liaison Officer, chats with a resident of the Mamelodi Old Age Home |
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Lizette Besaans, Manager of the Pretoria University Law Press enjoys a moment with one of the residents |
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Some of the residents at the Home enjoy the winter sun and some tea and snacks |
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LLM Clinical Group on Election Observation and Monitoring observes the Malawi presidential and parliamentary elections
Three students of the LLM programme (Human Rights and Democratisation in Africa) who constitute the Clinical Group on Election Observation and Monitoring had an opportunity to observe the 2009 Malawi presidential and parliamentary election which was conducted on 19 May 2009. Earlier on in April, the group was involved in the observation of the South African election which saw the ANC come into power with a comfortable margin.
The students left Pretoria for Blantyre in time to observe the winding up of campaigns two days before the election. Pre-election phase is an important period in an observer’s diary as it allows the observer to analyse the period running up to the election which is a key indicator on how the election itself will turn out. Critical areas to look at here include how the campaigns have been conducted and whether the political field has been even. In this respect, the group visited various urban and rural areas around Blantyre to gauge the preparation and mood of the electorate. Generally, the group found that all parties were able to campaign freely without any hindrance.
The group also held various meetings with a number of key stakeholders in the electoral process. They met with representatives of the Malawi Electoral Commission who briefed them on the preparation and process of the election. Other stakeholders the group met included political party representatives, local civil society organisations, regional and international observer missions such as the Electoral Institute of South Africa and the European Union. The group was able to gather important information pertaining to the whole election from these meetings.
On Election Day, the group visited a number of polling stations in and around Blantyre. They observed the important opening period in order to ascertain how the process commenced in some polling stations and whether there were any problems related to availability of materials. Afterwards the group went round observing how the process was progressing and checking for any signs of disturbances, complaints, irregularities and conduct likely to threaten the credibility of the election.
Following its observations of the electoral process, the group issued an interim statement that concluded that the election was a credible process that largely reflected the true will of the people of the Malawi. The group will soon issue a final detailed report of the election process.
Maria Usang, Sylvie Kawera, & Zwelibanzi Lunga
Clinical Group on Election Observation and Monitoring, 2009
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The team poses for a picture with an official of the Malawi Electoral Commission |
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Sylvie Kawera & Zweli Lunga walking away from a polling station after observing the election process |
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Voters queing to cast the ballot
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LLM students present findings from field trips
The 31 students on the Master of Laws (LLM) in Human Rights and Democratisation in Africa who went on study visits to Rwanda, Kenya, South Sudan and Sierra Leone presented their findings at the Centre for Human Rights.
The event, which was held at the Centre for Human Rights, was attended by representatives of some of the institutions that fund the LLM Programme and other interested persons.
Each group of students was allocated 30 minutes within which they had to give a briefing on their trip and then answer questions. During the presentation, the students were graded and this mark will count towards their academic performance. All the students used power point presentations, with the group that went to Sierra Leone presenting their trip using both power point and dramatisation.
Download the students' reports
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A LLM student delivering a presentation
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Students reporting back on the fieldtrips
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Rwanda, Kenya, South Sudan and Sierra Leone were visited
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Threats to our equality: Threats to Our Equality: Sexual Orientation, the Constitution, and Social Justice - A public lecture delivered by Mr Zackie Achmat
‘The single greatest mistake the gay and lesbian movement committed in 2008 was not to get out and march in solidarity with those who were affected by the xenophobic violence’
stated Mr Zackie Achmat, the founder and chairperson of Treatment Action Campaign, South Africa’s foremost HIV/AIDS activist group, to an audience of some sixty persons, comprised of students, staff, friends and beyond of the Centre for Human Rights, Faculty of Law, at the University of Pretoria. Never one whose deeds sought just to please, but always one to extend his support and help, Zackie (as he insists on being called) continued to advise the class – and especially the young sexual minority rights activists present - that what we (at the University of Pretoria and elsewhere) need is not a ‘Pride week, but a Citizen week’
Zackie appealed to the audience to recognise the common humanity shared amongst each and every one of us, which in itself holds the value and impetus for relentless resistance to all forms of oppression, which still continue in this day and age to threaten our equality. He called for an active and responsible citizenship, which recognises that no matter how one wishes to categorise oneself, the continued threat to our equality may indeed lie in the complicity that one’s silence in the face of inequality holds. |
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Mr Zackie Achmat
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| The Centre for Human Rights is honoured and proud to have had the privilege to host Mr Achmat’s first lecture at the University of Pretoria. We hope that it will not be the last. The Centre also wishes to recognise the instrumental role the LLM students of the advocacy clinical croup, of the Master’s in Human Rights and Democratisation in Africa programme, played in initiating, organising and facilitating Mr Achmat’s lecture.
It is said of Cicero that when he spoke the audience turned to one another and said ‘good speech’, but when Demosthenes spoke, people arose and said ‘Let’s march.’ One can be certain that after lectures like this the people will continue to march with Zackie.
Paavo Kotiaho, LLM Student, Class of 2009 |
Symposium on male circumcision and HIV prevention
A symposium on male circumcision and HIV prevention: policy considerations for South Africa, organised by the Gender Unit at the Centre for Human Rights, was held on Friday, 22 May. Approximately 60 people attended representing a variety of sectors, including academia, public health, NGOs, United Nations Agencies, and traditional leaders. The purpose of the symposium was to share findings from a study undertaken by the Gender Unit on ‘knowledge and understanding of male circumcision messages and its effect on HIV prevention behaviour among men and women respondents in Pretoria and its surrounding communities’; and to stimulate, and engage in, debate through a number of panel presentations on considerations for policy development on male circumcision and HIV prevention in South Africa.
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A symposium was organised on male circumcision and HIV prevention
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The purpose of the symposium was to share findings from a study undertaken by the Gender Unit
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