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Sunday 12 June 2016 was a sad day in the history of the struggle for LGBTI rights in the world. Fifty revellers were gunned down at Pulse, a gay club in Orlando, Florida, USA. The gunman’s actions were apparently inspired by his hatred for persons of a different sexual orientation and gender identity.
The Centre for Human Rights (CHR) and the Centre for Sexualities, AIDS and Gender (CSA&G), both at the University of Pretoria, believe in and work for the realisation of the rights of all persons on the African continent, including sexual minorities, based on the rights protected by the African Charter on Human and Peoples’ Rights. We strongly condemn this heinous act, and call upon all to respect the rights of all persons around the globe irrespective of what or who they are.
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The Centre for Human Rights (CHR), Faculty of Law, University of Pretoria welcomes the publication of the report of the Commission of Inquiry on human rights in Eritrea (COIE) confirming that crimes against humanity have been committed in Eritrea. This report comes a few weeks after Eritrea’s jubilant 25th independence anniversary, during which the country celebrated its liberation after a long struggle.
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The Centre for Human Rights, Faculty of Law, University of Pretoria, congratulates Eritrea on its 25th independence celebrations. Today, 24 May 2016, marks 25 years since Eritrea declared independence from Ethiopia after 30 long years of civil war. To the Eritrean people, 24 May 1991 marked the beginning of an era they hoped would bring peace, justice, equality and prosperity. The people of Eritrea had long hoped for a democratic society where human rights and fundamental freedoms are respected, upheld and defended and an unrestricted space created for personal as well as community development.
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In a statement on 18 April 2016, the Centre for Human Rights expressed grave concern about the human rights situation in The Gambia, on the basis of events that took place from 14 to 16 April 2016. The Centre called on the government of The Gambia to diligently investigate the events; bring to justice and punish those responsible; release from detention those involved in peaceful protest; and provide adequate medical attention to those injured in the protests and in detention.
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It’s Freedom Day, a day that reminds us that on 27 April 1994, South Africa had its first democratic elections. All South Africans were for the first time free to vote. Since then, millions of South Africans have expressed their political freedom in numerous elections at various levels of government.
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Centre for Human Rights condemns human rights violations in The Gambia and calls for relocation of AU African Year of Human Rights celebrations and seat of the African Commission.
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Statement of the Centre for Human Rights
(University of Pretoria)
58th ordinary session of the African Commission on Human and Peoples’ Rights, Banjul, The Gambia, 7 April 2016
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The Centre for Human Rights (the Centre) is delighted to note that the Botswana Supreme Court of Appeal ruled against the Attorney General of that country, and chose to uphold the decision of a lower court instructing the relevant government department to register the organisation Lesbians, Gays and Bisexuals of Botswana (LEGABIBO) as an NGO in Botswana.
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The Centre for Human Rights (CHR), Faculty of Law, University of Pretoria, welcomes the clarity provided in the Supreme Court of Appeal (SCA) judgment in the case of The Minister of Justice and Constitutional Development and Others v The Southern Africa Litigation Centre and Others, on the matter of the visit of the Sudanese head of state, President Omar al-Bashir, to South Africa, and the failure of the South African government to arrest him in accordance with South Africa’s obligations under the International Criminal Court (ICC) and the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 (ICC Act).
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The Centre for Human Rights, Faculty of Law, University of Pretoria, regrets the decision by the ANC’s National General Council, this weekend, that South Africa should withdraw from the ICC Statute. Although this is a political decision, which still has to be converted into a legally binding format, decisions by the highest policy-making organ of the ruling party, the ANC, are highly influential. It calls on the ANC to engage in an inclusive and participatory process, involving all national and international stakeholders.
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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.
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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.)
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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.
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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.
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The Centre for Human Rights has learned with shock and distress of the assassination of Prof Gilles Cistac. He was shot four times in the chest by unidentified gunmen in Maputo this morning, Tuesday 3 March 2015. The Centre wishes to express its sincere condolences to the family of Gilles Cistac for the loss of our good friend and esteemed colleague. We join Gilles Cistac’s friends, colleagues and indeed the people of Mozambique in expressing our sadness and outrage at this huge loss to his family, to academia and the legal profession, and to the fraternity of human rights defenders.
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The Centre for Human Rights feels compelled to comment on recent remarks by the South African Speaker of the House of Assembly, when she said "If we don't work we will continue to have cockroaches like Malema roaming all over the place," at the Mmabatho Civic Centre in Mafikeng.
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Advocacy Mission of the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) on the situation of children in South Sudan (03-09 August, 2014)
Juba, 08 August 2014. Following the Resolution on the situation of children in South Sudan and Central African Republic adopted during its 23rd Ordinary Session (16 April, 2014), the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) expressed its concerns on the humanitarian challenges hindering the protection and well-being of children in the two countries;
Recalling the Statement issued by the African Union Peace and Security Council (AU-PSC) on its 434th Session, the ACERWC decided to assess the situation of children in South Sudan with a view of strengthening its efforts to promote the welfare of children in Africa;
The ACERWC accordingly, conducted an advocacy mission to assess the situation of children affected by the conflict in South Sudan from 03 - 09 August, 2014, in accordance to its mandate to promote and protect the rights of children pursuant to the African Charter on the Rights and welfare of the Child (ACRWC).
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The Centre for Human Rights, Faculty of Law, University of Pretoria, learnt with great disappointment that Thulani Maseko and Bheki Makhubu have been sentenced to terms of two years’ imprisonment each, without the option of a fine. The magazine and published were fined E100 000 (USD10 000). These sentences confirmed our worst fears. We therefore reiterate our call to the South African government to take diplomatic and other steps to exert pressure on the government of Swaziland to release Thulani and Bheki. We further urge the government to engage with the Swaziland government about its encroachment of free expression.
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The Centre for Human Rights, University of Pretoria, applauds the United Nations Human Rights Council’s (UNHRC) decision to extend the mandate of the Special Rapporteur on the situation of human rights in Eritrea and the setting up of a landmark Commission of Inquiry (COI) on Eritrea.
Resolution (A/HRC/26/L.6) renewing the mandate and assigning the COI to investigate the human rights situation in Eritrea for a period of one year was adopted without a vote at the close of the 26th UNHRC regular session on 27 June 2014.
Prof Frans Viljoen, Director of the Centre for Human Rights, expressed the hope that “the Human Rights Council's decision would not only increase the possibility for international engagement, but also see to an actual improvement in the human rights situation in Eritrea. I congratulate the Special Rapporteur and her team of researchers at the Centre, for their dedicated work”.
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The Unaccompanied children of Eritrea: a plea for collective responsibility
As the African continent celebrates the Day of the African Child, 16 June 2014, the Centre for Human Rights (CHR), University of Pretoria, focuses on the plight of unaccompanied children fleeing from a militarised society that is destabilising the social fabric of the country. Thousands of unaccompanied minors take risky journeys across the borders into Ethiopia, Sudan and further afield.
