fbpx

Granting asylum seekers refugee status on the basis of persecution on the grounds of sexual orientation in Africa – best practice or just best laws from South Africa?

Following a seminar organised by the Centre for Human Rights, which revealed the difficulties of asylum seekers in South Africa applying for refugee status on the basis of sexual orientation or gender identity, the Centre calls on the South African government to appoint trained professionals to process applications in a sensitive manner and in an environment that protects the privacy and dignity of applicants, with a view to achieving a humane yet thorough and expedited process.

pdfDownload this statement

The Centre for Human Rights, University of Pretoria is pleased to announce the start of a comprehensive study into the impact of the United Nations (UN) human rights treaty system in 20 countries around the world.

pdfDownload this statement

The Centre for Human Rights, Faculty of Law, University of Pretoria, deplores any form of sexual harassment and is steadfastly committed to supporting the University community in any way possible to ensure that it is a safe environment – free from sexism, racism and other forms of discrimination – and to foster the values of equality, integrity, human dignity, privacy and mutual respect.

pdfDownload this statement

SUMMARY: In 2015, the African Commission on Human and Peoples’ Rights (African Commission), based in Banjul, The Gambia, and the AU body supervising state compliance with the African Charter on Human and Peoples’ Rights, granted observer status to the NGO Coalition of African Lesbians (CAL). When the Executive Council of the African Union (AU), with its headquarters in Addis Ababa, Ethiopia, subsequently considered the Commission’s activity report, it directed the African Commission to retract the observer status granted to CAL. A potential deadlock was avoided when two NGOs (the Centre for Human Rights and CAL) submitted a request for an advisory opinion to the African Court on Human and Peoples’ Rights, soliciting the Court’s view on how the matter could be resolved. However, the Court has now declined to give its view, on the basis that the two NGOs were not competent to bring the request. This decision puts the Commission and the Executive Council on a potential collision course. The circumstances of the case revealed that the system of NGO obtaining observer status with the AU is illusory, as no NGO has as yet obtained this status. 

pdfDownload this statement

The Centre for Human Rights, University of Pretoria, and Pan Africa International Lesbian, Gay, Bisexual, Transgender, and Intersex Association (Pan Africa ILGA) strongly condemn the recent arrest of parents and NGO personnel at a training workshop on HIV prevention. 

On Friday 15 September 2017, Zanzibari police, acting on the orders of the District Commissioner, arrested a group of twenty parents, local partners and staff of an implementing NGO for organising and attending a workshop on peer-to-peer parent HIV and AIDS prevention. The workshop was aimed at addressing stigma and discrimination in the family with regards to HIV and AIDS. According to a local NGO leader, the group was accused of “training people on homosexuality”, which is not a crime in any known law in operation in Tanzania. 
 

The Centre for Human Rights, Faculty of Law, University of Pretoria, through its Sexual Orientation, Gender Identity and Expression (SOGIE) Unit, applauds last week’s judgment by the High Court of South Africa Gauteng Local Division in Johannesburg, sitting as an equality court, in the matter of the South African Human Rights Commission v Jon Qwelane. The Court found that Qwelane’s derogatory comments about gays, published in 2008, constituted hate speech, and ordered him, within 30 days, to apologise unconditionally to the lesbian, gay and bisexual community.

pdfDownload this statement

The Centre for Human Rights, Faculty of Law, University of Pretoria, is currently presenting its Advanced Human Rights Course on The Right to Development in Africa, from 21 to 25 August 2017. The course is aimed at responding to the eternal question: ‘is development a human right’? What does it mean in the African context?

As part of the short course, the Centre hosted the Flemish Delegation to Southern Africa. The delegation was led by the Flemish Minister-President Hon Geert Bourgeois and Dr Geraldine Reymenants, General Representative of the Government of Flanders. Also present were representatives from the University of Pretoria: Prof Tiniyiko Maluleke (Special Advisor to the Vice-Chancellor of the University of Pretoria), Prof Andre Boraine (Dean, Faculty of Law, University of Pretoria) and Mr Norman Taku (Assistant Director, Centre for Human Rights).

pdfDownload this statement
pdfDownload the lecture by Hon Minister-President Geert Bourgeois

 The Centre for Human Rights, Faculty of Law, University of Pretoria, takes note of media reports and images circulating on social media, suggesting that the Deputy Minister of Higher Education, Mduduzi Manana, has been involved in a case of assaulting a woman in a public place (restaurant) over the weekend.

pdfDownload this statement

“Persons with albinism face significant barriers restricting their participation in society on an equal basis with others and preventing them from realising basic rights such as the right to physical and mental health, including access to adequate health care, and the right to education, social services, legal protection, and redress for rights abuses.”

United Nations Independent Expert on the enjoyment of human rights by persons with albinism Ms. Ikponwosa Ero in a statement issued today to commemorate the International albinism awareness day

pdfDownload this statement

Madame Chair, Honourable Commissioners, the Centre for Human Rights welcomes the ongoing work of the Working Group on the Death Penalty and Extrajudicial, Summary or Arbitrary Killings in Africa to continue placing questions concerning the right to life, the supreme human right, high on the agenda of the African Commission.

pdfDownload this statement

At the recently concluded 29th Session of the African Committee of Experts on the Rights and Welfare of the Child (African Children’s Rights Committee) held in Lesotho, the Centre for Human Rights and RADDHO, an NGO based in Senegal, participated and presented a joint submission on the implementation of Committee’s decision in the decisions Centre for Human Rights and la Rencontre Africaine pour la Defense des Droits de l’Homme (on behalf of Senegales Talibés) v Senegal (Talibe case) ACERWC, Comm/001/2012, 15 April 2014.

This case deals with the conditions of some 100,000 children (called Talibés) who, while attending Koranic schools in Senegal, are required to beg on the streets of Dakar and other urban centres, to secure their own survival.  The Centre for Human Rights and RADDHO submitted the case as far back as 2012.

pdfDownload this Press Statement 

STATEMENT BY NGO WITH OBSERVER STATUS: CENTRE FOR HUMAN RIGHTS, FACULTY OF LAW, UNIVERSITY OF PRETORIA

60th session of the African Commission on Human and Peoples’ Rights 11 May 2017, Niamey, Nigee

pdfDownload this Press Statement

Over the past six months, the English-speaking part of Cameroon has experienced serious repression and continuous human rights violations. The crisis erupted in October 2016, following a series of sit-in strikes and non-violent actions initiated by common law lawyers and teachers’ trade unions in protest against the government’s policy of assimilation through the imposition of the civil law judges to preside over cases in common law courts and French-speaking teachers to teach in English schools. This policy seems designed to systematically wipe out the legal and education systems of the peoples of Southern Cameroons.

The government’s lethal response to the strikes and protest actions led to the death of at least 8 protesters on 8 December 2016, and subsequent extra-judicial killings, disappearances, rape, maiming, torture and other forms of degrading and inhumane treatment. Civil society organisations coordinating the strikes and protest actions were banned on 17 January 2017.  Leaders, including Justice Ayah Paul Abine (Supreme Court Judge), Dr Felix Agbor Balla (prominent international human rights lawyer), Dr Neba Fontem (a university lecturer), Mr Mancho Bibixy (a civil rights activists), and hundreds of other activists and protesters were arrested and transferred to the nation’s capital, Yaoundé (a civil law jurisdiction). They are currently being tried in a military court on charges of terrorism, which carries a death penalty if found guilty. These actions violate the right to fair trial. This is happening in spite of the African Commissions’ ruling in the Kelvin Gunme v Cameroon (para 215(1)(ii)) forbidding the transfer of accused persons from the English-speaking part to be tried in the French-speaking part of the country.

pdfDownload this Press Statement

The Centre for Human Rights, Faculty of Law, University of Pretoria, expresses deep concern about the treason charge Zambia’s opposition party leader Hakainde Hichilema is facing.

The Centre is deeply concerned about the serious recent ethnic tensions in Zambia, which appear to be politically motivated and to be part of an orchestrated campaign by sections of senior level politicians seeking to earn political dividends at the expense of peace in the country.  

Hichilema faces two charges, one for obstructing President Edgar Lungu’s motorcade, and another for treason, which is a non-bailable offence. Treason is an extremely serious offence, for which the maximum penalty is the death penalty.

pdfDownload this Press Statement

The Centre for Human Rights joins the rest of South Africa to celebrate Freedom Day 2017. On 27 April 1994, there was a major shift in South Africa’s trajectory with the first non-racial post-apartheid election being held in the country. Twenty three years ago, by this symbolic exercise, apartheid and oppression were formally rejected and South Africa resolved to ensure democracy and equality. This Freedom Day milestone was preceded by the struggle, bloodshed, purposefulness, hard work and the resilience of the people of South Africa. However, it is pertinent to note that the celebration of Freedom Day is South Africa’s victory just as much as it is the victory of Africa and the world. In Nelson Mandela’s speech at the 1995 Freedom Day celebration, he stated that Freedom Day marks a ‘transition from a history of oppression to a future of freedom.’ While revelling in our glorious past on a day like today, South Africa’s present and tomorrow are equally to be reflected upon and attended to.

pdfDownload this Press Statement

Delegates to a symposium on land, heritage and human rights gathered in Pretoria for an urgent dialogue.

They heard that a human rights approach to land redistribution, grounded in the effective implementation of Section 25 of the 1996 Constitution of South Africa, can still guarantee a life of dignity, equality and freedom for all South Africans. This was the view expressed by Prof. Bongani Majola, Chair of the South African Human Rights Commission. Prof Mathole Motshekga, Chair of the Parliamentary Portfolio Committee for Justice and Correctional Services, agreed with this sentiment, adding that Parliament has not done enough to effectively make use of the possibilities allowed for under Section 25 of the Constitution, to adopt enabling legislation.

pdfDownload this Press Statement 

The Centre for Human Rights, Faculty of Law, University of Pretoria, takes note, with satisfaction, of the South African government’s revocation of its ‘Instrument of Withdrawal’ in line with the decision of the North Gauteng High Court of 22 February 2017. In its decision, the High Court found that the deposit of South Africa’s ‘Instrument of Withdrawal’ was unconstitutional because Parliament’s approval for withdrawal from the Statute of the International Criminal Court (ICC Statute) was not sought or obtained. The Court ordered the government to revoke its withdrawal notice, which it has now done.

pdfDownload this press statement

In commemorating International Women’s Day with the UN theme focusing on “Women in the Changing World of Work: Planet 50-50 by 2030,” the Centre for Human Rights, Faculty of Law, the University of Pretoria, welcomes the nomination of Justice Mandisa Muriel Lindelwa Maya as the President of the Supreme Court of Appeal. She has extensive experience having served in the Constitutional Court, Supreme Court of Appeal, the Labour and the High Court. If Justice Maya’s nomination gets confirmed, she would become South Africa’s first woman President of the Supreme Court of Appeal. This would be ground breaking and a major step in ensuring that women are represented equally in the judiciary and in achieving gender equality.

pdfDownload this press statement

(On 22 February  2017 the Centre for Human Rights welcomed the judgment of the Full Bench of Gauteng Division, Pretoria, in the matter of Democratic Alliance v Minister of International Relations and Cooperation and Others (case no. 83145/16). The CHR, represented by the Legal Resources Centre, was joined as a party to the proceedings by the applicant for its interest in the matter. Read the joint statement with the LRC here.)

pdfDownload this letter

The Centre for Human Rights, University of Pretoria is gravely concerned about the on-going human rights violations, particularly of the right to freedom of expression in the North West and South West regions of the Republic of Cameroon (English-speaking Cameroon).

Since 17 January 2017, internet connections have been completely shut down in English-speaking Cameroon, reportedly on the orders of the Ministry of Communications. This action is an apparent attempt to suppress the use of social media to mobilise the mass protests that have taken place in English-speaking Cameroon since November 2016. The Centre for Human Rights had on 17 February, expressed concern about the deteriorating human rights situation in English-speaking Cameroon, sighting ‘reports of arbitrary arrests, abductions, extra-judicial killings, involuntary disappearances, rape, torture and inhumane treatment of detainees, trial of civilians by military tribunals, shut down of internet services and the shutdown of schools’.

pdfDownload this press statement in PDF

  • Premium
  • Standard Compliant Channels
  • $100
  • Completely synergize resource taxing relationships via premier market
  • 10 GB of space
  • Support at $15/hour
  • Sign Up

Granting asylum seekers refugee status on the basis of persecution on the grounds of sexual orientation in Africa – best practice or just best laws from South Africa?

Following a seminar organised by the Centre for Human Rights, which revealed the difficulties of asylum seekers in South Africa applying for refugee status on the basis of sexual orientation or gender identity, the Centre calls on the South African government to appoint trained professionals to process applications in a sensitive manner and in an environment that protects the privacy and dignity of applicants, with a view to achieving a humane yet thorough and expedited process.

pdfDownload this statement

The Centre for Human Rights, University of Pretoria is pleased to announce the start of a comprehensive study into the impact of the United Nations (UN) human rights treaty system in 20 countries around the world.

pdfDownload this statement

The Centre for Human Rights, Faculty of Law, University of Pretoria, deplores any form of sexual harassment and is steadfastly committed to supporting the University community in any way possible to ensure that it is a safe environment – free from sexism, racism and other forms of discrimination – and to foster the values of equality, integrity, human dignity, privacy and mutual respect.

pdfDownload this statement

SUMMARY: In 2015, the African Commission on Human and Peoples’ Rights (African Commission), based in Banjul, The Gambia, and the AU body supervising state compliance with the African Charter on Human and Peoples’ Rights, granted observer status to the NGO Coalition of African Lesbians (CAL). When the Executive Council of the African Union (AU), with its headquarters in Addis Ababa, Ethiopia, subsequently considered the Commission’s activity report, it directed the African Commission to retract the observer status granted to CAL. A potential deadlock was avoided when two NGOs (the Centre for Human Rights and CAL) submitted a request for an advisory opinion to the African Court on Human and Peoples’ Rights, soliciting the Court’s view on how the matter could be resolved. However, the Court has now declined to give its view, on the basis that the two NGOs were not competent to bring the request. This decision puts the Commission and the Executive Council on a potential collision course. The circumstances of the case revealed that the system of NGO obtaining observer status with the AU is illusory, as no NGO has as yet obtained this status. 

pdfDownload this statement

The Centre for Human Rights, University of Pretoria, and Pan Africa International Lesbian, Gay, Bisexual, Transgender, and Intersex Association (Pan Africa ILGA) strongly condemn the recent arrest of parents and NGO personnel at a training workshop on HIV prevention. 

On Friday 15 September 2017, Zanzibari police, acting on the orders of the District Commissioner, arrested a group of twenty parents, local partners and staff of an implementing NGO for organising and attending a workshop on peer-to-peer parent HIV and AIDS prevention. The workshop was aimed at addressing stigma and discrimination in the family with regards to HIV and AIDS. According to a local NGO leader, the group was accused of “training people on homosexuality”, which is not a crime in any known law in operation in Tanzania. 
 

The Centre for Human Rights, Faculty of Law, University of Pretoria, through its Sexual Orientation, Gender Identity and Expression (SOGIE) Unit, applauds last week’s judgment by the High Court of South Africa Gauteng Local Division in Johannesburg, sitting as an equality court, in the matter of the South African Human Rights Commission v Jon Qwelane. The Court found that Qwelane’s derogatory comments about gays, published in 2008, constituted hate speech, and ordered him, within 30 days, to apologise unconditionally to the lesbian, gay and bisexual community.

pdfDownload this statement

The Centre for Human Rights, Faculty of Law, University of Pretoria, is currently presenting its Advanced Human Rights Course on The Right to Development in Africa, from 21 to 25 August 2017. The course is aimed at responding to the eternal question: ‘is development a human right’? What does it mean in the African context?

As part of the short course, the Centre hosted the Flemish Delegation to Southern Africa. The delegation was led by the Flemish Minister-President Hon Geert Bourgeois and Dr Geraldine Reymenants, General Representative of the Government of Flanders. Also present were representatives from the University of Pretoria: Prof Tiniyiko Maluleke (Special Advisor to the Vice-Chancellor of the University of Pretoria), Prof Andre Boraine (Dean, Faculty of Law, University of Pretoria) and Mr Norman Taku (Assistant Director, Centre for Human Rights).

pdfDownload this statement
pdfDownload the lecture by Hon Minister-President Geert Bourgeois

 The Centre for Human Rights, Faculty of Law, University of Pretoria, takes note of media reports and images circulating on social media, suggesting that the Deputy Minister of Higher Education, Mduduzi Manana, has been involved in a case of assaulting a woman in a public place (restaurant) over the weekend.

pdfDownload this statement

“Persons with albinism face significant barriers restricting their participation in society on an equal basis with others and preventing them from realising basic rights such as the right to physical and mental health, including access to adequate health care, and the right to education, social services, legal protection, and redress for rights abuses.”

United Nations Independent Expert on the enjoyment of human rights by persons with albinism Ms. Ikponwosa Ero in a statement issued today to commemorate the International albinism awareness day

pdfDownload this statement

Madame Chair, Honourable Commissioners, the Centre for Human Rights welcomes the ongoing work of the Working Group on the Death Penalty and Extrajudicial, Summary or Arbitrary Killings in Africa to continue placing questions concerning the right to life, the supreme human right, high on the agenda of the African Commission.

pdfDownload this statement

At the recently concluded 29th Session of the African Committee of Experts on the Rights and Welfare of the Child (African Children’s Rights Committee) held in Lesotho, the Centre for Human Rights and RADDHO, an NGO based in Senegal, participated and presented a joint submission on the implementation of Committee’s decision in the decisions Centre for Human Rights and la Rencontre Africaine pour la Defense des Droits de l’Homme (on behalf of Senegales Talibés) v Senegal (Talibe case) ACERWC, Comm/001/2012, 15 April 2014.

This case deals with the conditions of some 100,000 children (called Talibés) who, while attending Koranic schools in Senegal, are required to beg on the streets of Dakar and other urban centres, to secure their own survival.  The Centre for Human Rights and RADDHO submitted the case as far back as 2012.

pdfDownload this Press Statement 

STATEMENT BY NGO WITH OBSERVER STATUS: CENTRE FOR HUMAN RIGHTS, FACULTY OF LAW, UNIVERSITY OF PRETORIA

60th session of the African Commission on Human and Peoples’ Rights 11 May 2017, Niamey, Nigee

pdfDownload this Press Statement

Over the past six months, the English-speaking part of Cameroon has experienced serious repression and continuous human rights violations. The crisis erupted in October 2016, following a series of sit-in strikes and non-violent actions initiated by common law lawyers and teachers’ trade unions in protest against the government’s policy of assimilation through the imposition of the civil law judges to preside over cases in common law courts and French-speaking teachers to teach in English schools. This policy seems designed to systematically wipe out the legal and education systems of the peoples of Southern Cameroons.

The government’s lethal response to the strikes and protest actions led to the death of at least 8 protesters on 8 December 2016, and subsequent extra-judicial killings, disappearances, rape, maiming, torture and other forms of degrading and inhumane treatment. Civil society organisations coordinating the strikes and protest actions were banned on 17 January 2017.  Leaders, including Justice Ayah Paul Abine (Supreme Court Judge), Dr Felix Agbor Balla (prominent international human rights lawyer), Dr Neba Fontem (a university lecturer), Mr Mancho Bibixy (a civil rights activists), and hundreds of other activists and protesters were arrested and transferred to the nation’s capital, Yaoundé (a civil law jurisdiction). They are currently being tried in a military court on charges of terrorism, which carries a death penalty if found guilty. These actions violate the right to fair trial. This is happening in spite of the African Commissions’ ruling in the Kelvin Gunme v Cameroon (para 215(1)(ii)) forbidding the transfer of accused persons from the English-speaking part to be tried in the French-speaking part of the country.

pdfDownload this Press Statement

The Centre for Human Rights, Faculty of Law, University of Pretoria, expresses deep concern about the treason charge Zambia’s opposition party leader Hakainde Hichilema is facing.

The Centre is deeply concerned about the serious recent ethnic tensions in Zambia, which appear to be politically motivated and to be part of an orchestrated campaign by sections of senior level politicians seeking to earn political dividends at the expense of peace in the country.  

Hichilema faces two charges, one for obstructing President Edgar Lungu’s motorcade, and another for treason, which is a non-bailable offence. Treason is an extremely serious offence, for which the maximum penalty is the death penalty.

pdfDownload this Press Statement

The Centre for Human Rights joins the rest of South Africa to celebrate Freedom Day 2017. On 27 April 1994, there was a major shift in South Africa’s trajectory with the first non-racial post-apartheid election being held in the country. Twenty three years ago, by this symbolic exercise, apartheid and oppression were formally rejected and South Africa resolved to ensure democracy and equality. This Freedom Day milestone was preceded by the struggle, bloodshed, purposefulness, hard work and the resilience of the people of South Africa. However, it is pertinent to note that the celebration of Freedom Day is South Africa’s victory just as much as it is the victory of Africa and the world. In Nelson Mandela’s speech at the 1995 Freedom Day celebration, he stated that Freedom Day marks a ‘transition from a history of oppression to a future of freedom.’ While revelling in our glorious past on a day like today, South Africa’s present and tomorrow are equally to be reflected upon and attended to.

pdfDownload this Press Statement

Delegates to a symposium on land, heritage and human rights gathered in Pretoria for an urgent dialogue.

They heard that a human rights approach to land redistribution, grounded in the effective implementation of Section 25 of the 1996 Constitution of South Africa, can still guarantee a life of dignity, equality and freedom for all South Africans. This was the view expressed by Prof. Bongani Majola, Chair of the South African Human Rights Commission. Prof Mathole Motshekga, Chair of the Parliamentary Portfolio Committee for Justice and Correctional Services, agreed with this sentiment, adding that Parliament has not done enough to effectively make use of the possibilities allowed for under Section 25 of the Constitution, to adopt enabling legislation.

pdfDownload this Press Statement 

The Centre for Human Rights, Faculty of Law, University of Pretoria, takes note, with satisfaction, of the South African government’s revocation of its ‘Instrument of Withdrawal’ in line with the decision of the North Gauteng High Court of 22 February 2017. In its decision, the High Court found that the deposit of South Africa’s ‘Instrument of Withdrawal’ was unconstitutional because Parliament’s approval for withdrawal from the Statute of the International Criminal Court (ICC Statute) was not sought or obtained. The Court ordered the government to revoke its withdrawal notice, which it has now done.

pdfDownload this press statement

In commemorating International Women’s Day with the UN theme focusing on “Women in the Changing World of Work: Planet 50-50 by 2030,” the Centre for Human Rights, Faculty of Law, the University of Pretoria, welcomes the nomination of Justice Mandisa Muriel Lindelwa Maya as the President of the Supreme Court of Appeal. She has extensive experience having served in the Constitutional Court, Supreme Court of Appeal, the Labour and the High Court. If Justice Maya’s nomination gets confirmed, she would become South Africa’s first woman President of the Supreme Court of Appeal. This would be ground breaking and a major step in ensuring that women are represented equally in the judiciary and in achieving gender equality.

pdfDownload this press statement

(On 22 February  2017 the Centre for Human Rights welcomed the judgment of the Full Bench of Gauteng Division, Pretoria, in the matter of Democratic Alliance v Minister of International Relations and Cooperation and Others (case no. 83145/16). The CHR, represented by the Legal Resources Centre, was joined as a party to the proceedings by the applicant for its interest in the matter. Read the joint statement with the LRC here.)

pdfDownload this letter

The Centre for Human Rights, University of Pretoria is gravely concerned about the on-going human rights violations, particularly of the right to freedom of expression in the North West and South West regions of the Republic of Cameroon (English-speaking Cameroon).

Since 17 January 2017, internet connections have been completely shut down in English-speaking Cameroon, reportedly on the orders of the Ministry of Communications. This action is an apparent attempt to suppress the use of social media to mobilise the mass protests that have taken place in English-speaking Cameroon since November 2016. The Centre for Human Rights had on 17 February, expressed concern about the deteriorating human rights situation in English-speaking Cameroon, sighting ‘reports of arbitrary arrests, abductions, extra-judicial killings, involuntary disappearances, rape, torture and inhumane treatment of detainees, trial of civilians by military tribunals, shut down of internet services and the shutdown of schools’.

pdfDownload this press statement in PDF