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Centre News & Events: 2015
Call for Papers: Conference on the effective implementation of disability rights in Africa

The Centre for Human Rights at the Faculty of Law, University of Pretoria invites papers for a conference on disability rights in Africa.

About the Conference

The focus is on the effective implementation of disability rights to overcome barriers faced by children and youth with disabilities in Africa. The conference will be held at the Centre for Human Rights from 3 - 4 November 2015 in Pretoria, South Africa. The conference will coincide with the launch of the third issue of the African Disability Rights Yearbook. It is anticipated that papers presented at this conference will be reworked by authors and submitted for consideration for publication in the 2016 issue of African Disability Rights Yearbook.

Background

The Convention on the Rights of Persons with Disabilities (CRPD) now enjoys at least 70 percent ratification by African States. However, without effective implementation, the obligations imposed on states by the CRPD would remain a distant promise to persons with disabilities in the African region.

 

 


 
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Capacity building workshop on state reporting on the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa

The Gender Unit of the Centre for Human Rights organised a 2 day workshop on increasing States’ capacity for reporting under the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Women’s Protocol) in collaboration with the Ministry of Justice, in Rwanda. The workshop was held on 26 and 27 May 2015 at the Lake Kivu Serena hotel in Rwanda

Twenty two key government and civil society stakeholders involved in the state reporting process in Rwanda attended this workshop.

The main objectives of the workshop were to disseminate and popularise the Guidelines on State Reporting on the Women’s Protocol and to build and strengthen the capacity of the key stakeholders in Rwanda on state reporting under the Women’s Protocol.  Also, to ensure that the Rwandan government complies with its state reporting obligations under the Women’s Protocol.

Presentations were given on the African human rights system and the Women's Rights Protocol. An expert from Rwanda provided an overview of the situation of women’s human rights, highlighted progress and challenges in Rwanda.  A representative from the Ministry of Justice and the head of the State Reporting Unit in Malawi shared experiences of drafting Malawi’s state report on the African Charter on Human and Peoples’ Rights and the Women’s Rights Protocol. This presentation was particularly beneficial considering that Malawi is the first country to have followed the guidelines on reporting on Part B on the Women’s Rights Protocol.

 

 


 
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Centre for Human Rights launches a glossary of human rights terms in Tigrinya

The Centre for Human Rights (CHR) at the Faculty of Law, University of Pretoria, in collaboration with a group of Eritrean human rights lawyers, launches a glossary of human rights terms in Tigrinya. This is in line with one of the CHR’s main objectives, that is a wider dissemination of publications on human rights in Africa, including the advancement of a human rights literature in indigenous African languages.

The glossary, published as the Eritrean government is undergoing closer scrutiny by a United Nations-mandated Commission of Inquiry on Human Rights in Eritrea (COIE), represents a timely initiative. Its main objective is familiarization of key human rights terms in the Tigrinya language. The publication is also seen as part of the CHR’s long-standing commitment to advance human rights in Eritrea.

In its most common understanding, a glossary is an alphabetical list of words or terms relating to a specific subject, with additional explanation on the meaning of the words.

 

 


 
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African Children’s Rights Committee finds Uganda conscripted child soldiers in case submitted by Centre for Human Rights students

The  African Committee of Experts on the Rights of the Child (African Children’s Rights Committee) made public its third decision (Communication 2/2009, Hansungule and Others (on behalf of children in Northern Uganda) v Uganda, decided at the Committee’s 21st ordinary session, 15-19 April 2013.) In this decision, the African Children’s Rights Committee finds that Uganda conscripted and used child soldiers, in violation of article 22(2) of the African Charter on the Rights and Welfare of the Child (African Children’s Charter). Article 22(2) provides that state parties to the African Children’s Charter must take ‘all necessary measures to ensure that no child shall take a direct part in hostilities and refrain, in particular, from recruiting any child’. A child is defined as anyone under the age of 18.

This case relates to the situation of insurrection and instability that prevailed in Northern Uganda for some twenty years between 1986 and 2006. During this time, the government of Uganda had to deal with the activities of the Lord’s Resistance Army (LRA), including the abduction of thousands of children. The Committee found that in the period 2001 to 2005, children were conscripted into and used in the Ugandan Defence Force. In its decision, the Committee notes that the African Children’s Charter does not allow for the voluntary recruitment of children into the armed forces of a state.

 

 


 
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The Special Rapporteur on Freedom of Expression and Access to Information for Africa undertakes advocacy mission to Malawi

From 18 to 21 May 2015, the Special Rapporteur on Freedom of Expression and Access to Information in Africa, Commissioner Pansy Tlakula, undertook an advocacy visit to the Republic of Malawi. The purpose of the visit was to meet with government officials and other stakeholders, to advocate for the adoption of an access to information law in accordance with regional and international standards on access to information as embodied in the Model Law on Access to Information for Africa (Model Law). The Special Rapporteur was accompanied during this visit by 4 expert members of the Working Group that developed the Model Law.

During her mission, the Special Rapporteur met with the Minister of Information, Tourism and Civic Education, Honourable Kondwani Nankhumwa, and the Minister of Justice and Constitutional Affairs, Mr Samuel Tembenu. In Parliament, the Special Rapporteur and her delegation met with the Speaker of Parliament, Honourable Richard Msowoya. The delegation also met the Chair and members of the Committee on Media and Communication, as well as the Chairs of several other Committees of Parliament. Other government institutions visited during the mission, are the Malawi National Human Rights Commission, the Office of the Ombudsman, and the Malawi Law Reform Commission.

 

 


 
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Press statement: AU human rights body adopts its second finding in case submitted by Centre for Human Rights

The African Committee of Experts on the Rights of the Child (African Children’s Rights Committee) has made public its second finding on a communication (case) submitted to it. This case deals with the conditions of some 100,000 children (called talibés) who, while attending Qur’anic schools in Senegal, are required to beg on the streets of Dakar and other urban centres, to secure their own survival.  The case was submitted as far back as 2012 by the Centre for Human Rights, University of Pretoria, and the NGO la Rencontre Africaine pour la Defense des Droits de l’Homme (RADDHO), Senegal (Centre for Human Rights and la Rencontre Africaine pour la Defense des Droits de l’Homme (on behalf of Senegales Talibés) v Senegal, ACERWC, Comm/001/2012, 15 April 2014.)

The African Children’s Rights Committee is an African Union (AU) organ, mandated to monitor state compliance with one of the AU’s major human rights treaties, the African Charter on the Rights and Welfare of the Child (African Children’s Charter).  To date, 47 of the 54 AU states have accepted this treaty as binding.  Senegal is one of these states.

 

 


 
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Collaboration between two leading nations on Africa Day 2015


On the occasion of Africa Day 2015, the Centre for Human Rghts (CHR) at the University of Pretoria, South Africa, is proud to announce the signature of a Memorandum of Understanding (MoU) with the National Human Rights Commission (NHRC) of Nigeria.

The MoU seeks to strengthen capacities at the NHRC through access to training programmes offered by CHR, in particular the Advanced Human Rights Courses (AHRC) and the Master's degree programme in Human Rights and Democratisation in Africa.

This is a partnership, not only between two leading African countries, but between civil society/academia and national human rights institutions/government.

It is underpinned by the idea of a united Africa, drawing on its resources and resourcefulness to find common solutions to its diverse challenges.

 

 


 
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Press statement: Making the African Union more people-centred depends on both the AU and the people of Africa

Around the continent, Africans today celebrate “Africa Day”. 25 May marks the day, just over half a century ago, in 1963, on which the African Union (AU)’s predecessor, the Organisation of African Unity (OAU), was formed.  Its main initial aim was to eradicate the remaining vestiges of colonialism from Africa. It was, in fact, the OAU that spearheaded continental and global campaigns for the liberation of South Africa from apartheid. After the advent of the AU, around the turn of the millennium, the regional organization increasingly became less preoccupied solely with inter-state relations and took on a more people-centred posture, with its focus shifting to human security, poverty alleviation and economic growth.

This year, celebrations of this day have more significance for South Africa than in previous years.

For one thing, they come in the awake of the xenophobic violence targeting in particular non-South African Africans (NSAAs). One antidote to xenophobia against NSAAs is to advance a narrative of our historical dependence, our shared cultural heritage, and our interrelated and closely convergent economic interests. Africa Day presents an opportunity to highlight our solidarity with the rest of the continent, to affirm the importance of an inclusive African identity, allowing us to put into a broader perspective recent assertions of a more narrow black South African nationalism.

 

 


 
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Centre presented short course on socio-economic rights

The advanced human rights short course on ‘Judicial enforcement of socio-economic rights in Africa’ is the third in the series of advanced short courses presented by the Centre for Human Rights at the University of Pretoria for 2015. It ran from 11 to 15 May 2015.

Participants at this year’s edition included students, legal practitioners, delegates from human rights institutions, and judges from different African countries.

Experts in socio-economic rights thinking, both from Africa and Europe, provided fresh insights and approach to the issues around the subject of ‘Enforcement of Socio-economic Rights in Africa.’

Some of the judicial officers in attendance were:

  • Justice Afia Serwah Asare-Botwe (Mrs) - Ghana
  • Justice Jerry N. Hlophe - Swaziland
  • Justice Benjamin Isingoma Kabiito - Uganda
  • Justice Elizabeth Musoke - Uganda
  • Mathebe Violet Phatshoane (Judge) – South Africa
  • Lepono Joshua Lekale (Judge) – South Africa
  • Eshetis Yadeta Temesgen (Judge) – Ethiopia
  • Justice Lillian Tibatemwa-Ekirikubinza – Uganda
  • Justice Zak Yacoob (Rtd) – Constitutional Court, South Africa

 

 


 
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United Nations Rapporteur visit to South Africa cancelled

Violence against women is endemic in South Africa: a woman is killed by an intimate partner every eight hours, South Africa is regularly listed as having the highest rate of rape in the world and survivors of sexual violence receive inadequate and inconsistent treatment.

The United Nations Special Rapporteur on Violence against Women, Rashida Manjoo, has been trying to lead a fact finding mission aimed at investigating the high levels of violence against women in South Africa since 2012. However, on 11 May 2015, she said that because of repeated delays and ignored requests by government, she has had to cancel the visit. Her term as Special Rapporteur on Violence against Women ends in July.

This is troubling and suggests disregard by our government of two important things: (i) the gravity of violence against women in South Africa and (ii) the mechanisms and processes of international law that are designed to protect and promote human rights.

 

 


 
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Africa unite: Say NO to xenophobia in South Africa!

Students of the 2015 LLM/MPhil (Human Rights and Democratisation in Africa) class speak out about the recent xenophobic attacks in South Africa.

Background to the campaign:

In April 2015 a new wave of xenophobic attacks were launched against foreigners in South Africa.

In 2008 about 62 people were killed as a result of xenophobic attacks in South Africa.

The Burning Man, one of the victims of the 2008 attacks, became a reference point for demanding justice.

Still, as many as 8 people have died so far in the April 2015 attacks.

Video campaign by:
2015 LLM/Mphil (Human Rights and Democratisation in Africa) students at the Centre for Human Rights, Faculty of Law, University of Pretoria, South Africa

 

 


 
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Statement by the Centre for Human Rights, University of Pretoria, to the 56th ordinary session of the African Commission on Human and Peoples’ Rights, Banjul, The Gambia, 22 April 2015

In this statement, the human rights situation in three countries is addressed: the country from which I come (South Africa); the country in respect of which a Centre report was launched earlier at the session (Eritrea); and the country where we all find ourselves (The Gambia).

South Africa: The African Commission should call for accountability for and a comprehensive approach to xenophobic violence in South Africa, and request authorization to conduct and in fact undertake a mission to South Africa

Like all fellow Africans, I am distressed and appalled by the recent outburst of xenophobic violence in South Africa. As a South African, I am saddened and ashamed of the acts of fellow South Africans, perpetrated against fellow Africans. More pertinently, I am concerned about the lack of a comprehensive and systematic approach by the South African government to effectively deal with this issue.

As we all know, this is part of a series of events. Following similar incidents in 2008, the African Commission, at its 43th session in Ezulwini, Swaziland, adopted a resolution condemning the attacks (the Commission condemned “the attacks and violence perpetrated against migrants in various townships in South Africa”) called for accountability of those responsible (the Commission “called on the South African government to investigate and prosecute those responsible for the attacks, and to institute further measures to ensure the protection of foreign migrants in South Africa, and their property”) and also urged the South African government to authorize a  visit of the Special Rapporteur on Asylum Seekers and Refugees to visit the country (the Commission “had sought authorization for the Special Rapporteur to conduct a fact finding mission on the situation of migrants in that country”).

 

 


 
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Centre launches report on Eritrea in Gambia and calls for decisive action by African Commission

The Centre for Human Rights on 21 April 2015 launched a report deploring the state of freedom of expression, specifically, and the rule of law, more broadly, in Eritrea.

This report, entitled ‘The erosion of the rule of law in Eritrea: Silencing freedom of expression”, was prepared by students from the UN mandated University of Peace, in Costa Rica, and students and staff of the Centre for Human Rights. (The report is available open-access on the web site of PULP, web site link.)

It was launched in collaboration, and under the mandate of the Special Rapporteur on Freedom of Expression and Access to information in Africa of the African Commission on Human and Peoples’ Rights (African Commission). 

During the launch, which took place immediately following the Opening of the 56th ordinary session of the African Commission, in Banjul, The Gambia, a panel discussed the situation of human rights, and freedom expression specifically, in Eritrea. The panel consisted of: the African Commission’s Special Rapporteur on Freedom of Expression Advocate Pansy Tlakula; the UN Special Rapporteur on the Situation of Human Rights in Eritrea; an Björn Tunbäck, from Reporters without Borders.  The Director of the Centre, Frans Viljoen, chaired the panel.

 

 


 
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Launch of a Guide to the General Comments on Article 14 of the Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa

On 21 April 2015 at the 56th Ordinary Session of the African Commission on Human and Peoples’ Rights (African Commission) in the capital of the Gambia, Banjul, the African Commission in collaboration with IPAS Africa Alliance launched General Comments on Article 14 of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol). This guide was distributedin Banjul but it is also available for download. 

Our hope is that the guide, together with the General Comments, will serve to strengthen advocacy towards and realisation of the health and reproductive rights of all women in Africa.

General Comments are instruments that are used to explain the meaning of certain rights and to clarify what actions states should take in order fully to realise the rights that are contained in a particular treaty. The General Comments being launched next week relate to article 14 of the Maputo Protocol, a regional human rights instrument that seeks to improve the status of all women in Africa. The Maputo Protocol supplements the African Charter on Human and People's Rights and to date it has been ratified by 36 African states.

 

 


 

Two General Comments have been issued on Article 14 to the Maputo Protocol, which relates to women's health and reproductive rights. The first General Comments, which were adopted in 2012, focus on the provisions of article 14 which relate to STI's, HIV and AIDS. The second set of the General Comments on article 14 speak to the specific actions that states should take in order to guarantee the health and reproductive rights of women.

As a supplement to the General Comments on article 14, the Centre for Human Rights, with the generous support of the Sigrid Rausing Trust and Equality Now in collaboration with The Solidarity for African Women's Rights Coalition (SOAWR), prepared a guide which is intended to assist states parties to the Maputo Protocol better to understand the commitments contained in article 14. The guide also aims to support civil society in efforts to hold governments accountable for their obligations contained in article 14.

For more information, please contact:

Katy Hindle
Programme Manager: Gender Unit
Centre for Human Rights, Faculty of Law
University of Pretoria
Tel: (012) 420 4525
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
www.chr.up.ac.za

 
Disability Rights and Law Schools Project in Southern Africa Partner’s Meeting

The Centre for Human Rights coordinates a project aimed at promoting disability rights awareness, education and scholarship in Southern Africa. As part of this project, the Centre for Human Rights of the University of Pretoria hosted the Disability Rights and Law Schools Project in Southern Africa Partner’s meeting between 8 - 10 April 2015. In addition to the CHR, the meeting brought together the following partner institutions: Midlands State University, Zimbabwe, University of Zambia, Chancellor College Malawi, Eduardo Mondlane, Mozambique, University of Dodoma, Tanzania, University of Namibia, University of Botswana, University of Nairobi, Kenya and Makerere University, Uganda.

The objective of the meeting was to provide a space for the partners to update each other on ongoing project activities at each partner institution and to plan for the next project cycle while reflecting on sustainability of the project. The meeting included discussions between the partner institutions, Open Society Foundations’ Disability Rights Scholarship Program and the global consortium on disability rights which includes the National University of Ireland, Galway; Cardiff University; University of Leeds; American University, Washington DC; Syracuse University and McGill University. The final day of the meeting featured a workshop on teaching disability rights.

 

 


 
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Centre for Human Rights partners with other leading academic centres to research implementation and compliance with international and regional human rights law

An 'implementation crisis' is widely acknowledged to be afflicting regional and international human rights mechanisms posing a grave threat to their integrity and perceived legitimacy. Against this backdrop, regional and international bodies are pursuing efforts to strengthen their mechanisms for ensuring redress for victims of human rights violations and to ensure the swift and effective implementation of their decisions. This situation adds urgency to a debate which is long-established but remains unresolved: what does it mean to comply with international and regional human rights law and what factors influence whether States comply or not?

In order to explore this question in more detail, four leading academic human rights centres have come together in a unique partnership, funded by the Economic and Social Research Council (ESRC).  These are the Human Rights Implementation Centre at Bristol University; the Human Rights Centre at the University of Essex; Middlesex University; and the Centre for Human Rights at the University of Pretoria. The Open Society Justice Initiative, part of the Open Society Foundations, will also serve as a partner organisation for the research, which will bring together policy makers, practitioners, and academics.

 

 


 
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Press statement: Government, ANC should make words matter to combat xenophobia

The Centre for Human Rights is appalled and deeply concerned not only about the recent recurrence of xenophobic violence, particularly in KwaZulu-Natal, but also by its persistence, and its widespread nature and severity.

These incidents take place against the background of highly publicized utterances inflaming animosity, stoking the fires of hatred towards non-South Africans from Africa who find themselves in South Africa. 

In response, the Presidency issued a statement. As too often, however, it smacks of formalism and did little to change the public discourse. For the most part, the voice of the government and the ANC has remained mute on this issue. On a number of occasions, statements from these quarters have even contributed to a climate of hostility towards non-nationals.

It seems important to us that President Zuma, government ministers, and the ANC leadership unequivocally distance themselves from all statements that foment xenophobic violence.  “We need to hear language that makes a difference, words that loudly and clearly counter the toxic discourse that has been allowed to take us down a spiral of violence”, said Prof Frans Viljoen, Director of the Centre.

 

 



 
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The Special Rapporteur on Freedom of Expression and Access to Information for Africa undertakes advocacy visit to Mauritius

From 8 to 10 April 2015, the Special Rapporteur on Freedom of Expression and Access to Information in Africa, Commissioner Pansy Tlakula, undertook an advocacy visit to the Republic of Mauritius. The purpose of the visit was to meet with government officials to advocate for the adoption of an access to information law in accordance with regional and international standards on access to information as embodied in the Model Law on Access to Information for Africa (Model Law). The Special Rapporteur was accompanied during this visit by 4 expert members of the Working Group which developed the Model Law.

During her visit, the Special Rapporteur met with several government Ministers such as: Honourable Pravind Jugnauth, Minister of Technology, Communication and Innovation; Honourable Fazila Daureeawoo, Minister of Social Security, National Solidarity and Reform Institutions; Honourable Prithvirajsing Roopun, Minister of Social Integration, Empowerment and Training and Honourable Soodesh Callichurn, Minister for Labour, Industrial Relations, Employment and Training.

 

 


 
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Opening Ceremony for LLM/MPhil (Human Rights and Democratisation in Africa) students

On 8 April 2015, the Centre for Human Rights welcomed the 16th set of students for its Masters Programme in Human Rights and Democratisation in Africa.

The class of 2015 is made up of 29 outstanding individuals from 16 African countries as well as from France, Germany and Ukraine.

In recognition of the pivotal role other professions play in the advancement of democracy and human rights on the continent, the class of 2015 has 6 non-lawyers (including a Police officer) whose presence on the course bring fresh perspectives and interdisciplinary approaches. The diversity of this class is therefore not only reflected in the different nationalities but also in the vast array of backgrounds and expertise.

The event was attended by eminent personalities, from academics to human rights activists, government officials, University of Pretoria staff  and members of the diplomatic corps.

 

 



 
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Short course on the effective implementation of disability rights in Africa

The Centre for Human Rights, University of Pretoria, hosted an advanced short course with a focus on the effective implementation of disability rights in Africa from 9 - 13 March 2015.

Eighteen lectures were delivered at the course on a diverse range of issues including the development of disability as a human rights issue at the global, regional and domestic levels, regulation of disability discrimination in the African, European and American regions, constitutional regulation of disability discrimination, regulation of disability in select countries (Ireland, Kenya, Malawi, United States of America and Zimbabwe) and finally applying the UN Convention on the Rights of Persons with Disabilities to selected areas (including access to justice, accessibility of goods and services, legal capacity, inclusive education, reproductive and sexual health and national implementation and monitoring).

The course drew instructors from eight countries and about fifty participants coming from at least twenty five countries. Participants included policy makers and implementers, civil society groups as well as advocates for disability law reform, lawyers, and students of the LLM on the Human Rights and Democratization in Africa course.

 

 



 
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PULP launches book on sexual and reproductive health rights in Africa
Pretoria University Law Press (PULP) launched its latest publication Strengthening the protection of sexual and reproductive health and rights in the African region through human rights, edited by Charles Ngwena and Ebenezer Durojaye.
 
The proceedings were convened by Prof Anton Kok (Deputy Dean of the Faculty of Law) and Prof Charles Ngwena explained more about the book and its contributions.
 
Professor Rebecca Cook (Co-Director, International Reproductive and Sexual Health Law Programme, University of Toronto) was the guest speaker.
 
Contributing authors to the book include: Onyema Afulukwe-Eruchalu; Rebecca Amollo; Ayodele Atsenuwa; Tiffany Banda; Fana Hagos Berhane; Eunice Brookman-Amissah; Ebenezer Durojaye; Lisa Forman; Tinyade Kachika; Godfrey Kangaude; Simangele Mavundla; Charles Ngwena; Susana SáCouto; Karen Stefiszyn; Jaime Todd-Gher; and Christina Zampas.
 

 

 



 
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