In this article, the discourse around humanitarian intervention involving international human rig... more In this article, the discourse around humanitarian intervention involving international human rights law, morality, and politics, is considered, and a right to intervention given the rigours of sovereignty is questioned. Further issues interrogated are: if intervention takes place, should it be authorised by the United Nations or should unilateral intervention by regional organisations or a single country be permissible in the face of mass killings, genocide and similar events; and what factors drive the act or omission of unilateral intervention for humanitarian purposes? The debate around these inquiries is introduced by considering the intermeshing of world politics and international law in a substantially globalising world - with particular reference to state sovereignty and the role of the United Nations. Thereafter, the evolution of humanitarian intervention and its contemporary development is examined - in the specific context of the 2011 humanitarian intervention in Libya. T...
Poverty is not new. It is not a recent affliction of humankind. It has always been with us. In th... more Poverty is not new. It is not a recent affliction of humankind. It has always been with us. In that regard, I have argued elsewhere that of all the social phenomena that have a significant impact on human rights, poverty probably ranks highest. Some have actually argued that poverty is in itself a violation of human rights.
This article analyses the impact that recent and current developments on the African continent ha... more This article analyses the impact that recent and current developments on the African continent have had, and continue to have, on the promotion and protection of human rights. Such developments include the establishment of an African Court on Human and Peoples' Rights, the formation of the African Union to replace the Organization of African Unity, democratic change in Africa and the advent of a new constitutionalism that embraces the concept of a bill of rights. An understanding of recent and current trends in the promotion and protection of human rights in Africa has to take into account the historical and international context within which the African system operates. Several challenges still inhibit the promotion and protection of human rights in Africa, including various ongoing regional and internal conflicts, the prevalence of poverty, ignorance and diseases, the predominance of political and social disharmony and the continued existence of unacceptable cultural and custo...
Comparative and International Law Journal of Southern Africa, 2014
Since the early 1960s, the rights of victims of crime have been a matter of grave concern. This i... more Since the early 1960s, the rights of victims of crime have been a matter of grave concern. This is because victims of crime have been marginalised and situated on the periphery of the criminal justice process with little focus on a victim-centred processes directly addressing the rights of offenders. This article first explores international developments in the area of victim protection, discussing the approaches of international bodies and criminal tribunals, especially the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Court (ICC), with the latter being perhaps the 'gold standard'. A review of the different approaches adopted by Uganda and South Africa follows. This includes reference to pertinent legislation and policy frameworks in both countries. The main distinguishing aspect is that South Africa's approach is based on an extensive policy framework, while Uganda's focus is rather on a legislative framework. It is important that...
This article focuses on xenophobia in the South African labour market and the effect it can and d... more This article focuses on xenophobia in the South African labour market and the effect it can and does have on foreign employees. In contrast to current scholarship that portrays xenophobia in South Africa as a consequence of anti-immigrant sentiments and stereotypes that stem from social, political, economic and cultural misconceptions, this paper argues that the causes of xenophobia are much more complex than that. In addition to those misconceptions, it is argued, xenophobia in South Africa may well have its genesis in the pre-1994 apartheid and colonialism era which sought to impose segregation and instill hatred between and among black people. The main argument in the paper, however, is that the South African legal framework and its implementation do not go far enough in addressing the problem of xenophobia in the workplace. As a result, the rights of foreign employees are negatively impacted and not sufficiently protected. To underscore this point, the paper undertakes a discuss...
Departing from the premise that human rights are those rights possessed by virtue of being human,... more Departing from the premise that human rights are those rights possessed by virtue of being human, this contribution revisits the traditional classification of human rights into three 'generations' of rights. The author criticises aspects of this division from an African perspective, such as the prioritisation of civil and political ('first generation') rights above other 'generations', as well as the inappropriate classification of the right to culture with other socio-economic ('second generation') rights and the right to development as a 'third generation' right. A proposal is then made for the reconfiguration of rights into the following four categories: civil and political rights, social and survival rights, economic, developmental and environmental rights and cultural and spiritual rights.
In 1993 the World Conference on Human Rights adopted the Vienna Declaration and Programme of Acti... more In 1993 the World Conference on Human Rights adopted the Vienna Declaration and Programme of Action which proclaimed, inter alia, that "democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing." Whereas this interdependence is possible and indeed desirable, the statement tends to ignore the contradictions and challenges posed by the relationship between these ideals and one of the leading characteristics of the contemporary world - globalisation. The relationship between globalisation and democracy is quite complex. So, too, is the relationship between globalisation and development. Moreover, the structural and institutional changes associated with globalisation have a significant impact on the protection of human rights, particularly in the developing world. Nowhere is this complex relationship more prominent than on the African continent. This is due to the unique circumstances and peculiar challenges that A...
Introduction In traditional African societies, matters of sexuality are usually not openly discus... more Introduction In traditional African societies, matters of sexuality are usually not openly discussed in public. Issues of sexual and reproductive health are seen as being strictly private and are only dealt with through well-defined channels like public health officials and health providers. This might be one of the reasons why sexual and reproductive rights of women are widely violated and abused in Africa. The other reason relates to the existence of numerous gender-based cultural and traditional practices that are harmful to women. The cultural and traditional practices reviewed in this paper include female genital mutilation (FGM), marriage by abduction (ukuthwala), virginity testing, early/child marriages, polygamy and other practices that are inherently harmful--including those that directly or indirectly result in violence against women. All these practices, which have the potential of violating sexual and reproductive rights of women, exist in varying extents in many African...
Abstract The purpose of this article is to explore and analyse the link between human rights and ... more Abstract The purpose of this article is to explore and analyse the link between human rights and poverty on the one hand and the role human rights can and do play in poverty reduction on the other. Drawing on research conducted by the author, the article shows how levels of public awareness of human rights are directly linked to levels of poverty in South Africa. Lack of knowledge and public awareness of human rights is mainly prevalent among the poor. Any programme aimed at reducing poverty in South Africa should adopt a holistic strategy that not only incorporates a human rights approach but also addresses the question of the low levels of human rights education.
The South African Constitution, particularly its Bill of Rights, is regarded as one of the most p... more The South African Constitution, particularly its Bill of Rights, is regarded as one of the most progressive in the world. The Ugandan Constitution, adopted around the same time as its South African counterpart, also has a Bill of Rights. Lawyers and advocacy groups in both countries have taken advantage of their constitutions to challenge the government to enforce several rights ranging from health care services, education, water and sanitation, to housing and social security, albeit at a lower scale and with less impact and significance in Uganda than South Africa. The purpose of this paper is to discuss and determine the constitutional impact of strategic litigation in South Africa and Uganda. The paper begins with a conceptual context of strategic litigation. The specific reasons for the choice of the two countries are highlighted before focusing, in a comparative way, on some relevant organizations and the various court decisions that have emanated from strategic litigation in b...
This article focuses on corruption in Uganda and South Africa. It begins with a brief analysis of... more This article focuses on corruption in Uganda and South Africa. It begins with a brief analysis of the effects of corruption on the two countries before looking comparatively at their anti-corruption legal frameworks by analysing the relevant constitutional and legislative anti-corruption provisions. The choice of Uganda and South Africa for comparison is based on several factors. The two countries have much in common. They are both transitional societies with disturbing histories characterised by apartheid, oppression and repression in South Africa , and colonialism and military dictatorships in Uganda. In the mid-1990s, the two countries adopted new constitutions that contained Bills of Rights. Such similarities justify comparison for purposes of shared perspectives, approaches and good practices. Moreover, there are many benefits to be gained from comparative research involving cross-national studies - including a deeper understanding of how different countries do things in the co...
This article explores the impact of the COVID-19 pandemic on vulnerable people in South Africa in... more This article explores the impact of the COVID-19 pandemic on vulnerable people in South Africa in the specific context of poverty and inequality. It does so by first looking at the conceptual context and then highlighting the extent of the impact both from a constitutional and human rights context and from a legislative context. It uses the poor and vulnerable as a proxy to explore the impact of the pandemic (and the measures put in place to contain it) on the specific constitutional rights of vulnerable people, before suggesting a human rights-based approach to managing the pandemic. It concludes that, despite the South African government having undertaken some of the actions recommended, there remains room for improvement and scope for further research, as the pandemic is expected to continue for some time.
This article describes how the COVID-19 pandemic has exposed and worsened the existing social and... more This article describes how the COVID-19 pandemic has exposed and worsened the existing social and economic conditions of rural people in South Africa, how their livelihoods have been affected and how their rights have been violated as a result. The rights considered and discussed include those contained in the South African Bill of Rights with a particular focus on socio-economic rights which, by their very nature, have important social and economic dimensions. The implications of these social and economic dimensions on rural people under the COVID-19 pandemic are discussed. The article partly adopts a qualitative research methodology in which information gathered through interviews, webinar discussions, and workshops with various stakeholders and participants are presented and analysed. The paper also discusses the balance between the need to prevent the spread of the COVID-19 pandemic through lockdown measures, the impact of these measures on rural livelihoods, and the constitutio...
Comparative and International Law Journal of Southern Africa
That National Human Rights Institutions (NHRIs) play an important role in the protection and prom... more That National Human Rights Institutions (NHRIs) play an important role in the protection and promotion of human rights is a well-known fact. This has been widely acknowledged by the United Nations (UN). Also well-known is the fact that several African countries have enacted new constitutions during the last two to three decades. One of the most salient features of those new constitutions is that they establish NHRIs, among other things. Given their unique role and mandate, these NHRIs can and do play an important role in the realisation of the sustainable development goals contained in the UN 2030 Agenda for Sustainable Development. Adopting a case study approach, this article explores the role NHRIs have played in the promotion and protection of human rights in selected African countries and implications for sustainable development in those countries. The main argument is that there are several lessons African countries can learn from each other on how their NHRIs can more meaningf...
The purpose of this paper is to discuss and determine the role that national human rights institu... more The purpose of this paper is to discuss and determine the role that national human rights institutions have played in promoting and protecting human rights in selected African countries. The countries chosen for discussion include South Africa, Uganda, Kenya, Ghana and Ethiopia. There are specific reasons for the choice of these countries. The paper highlights these reasons before discussing the various human rights institutions in detail and concluding with comparative lessons and recommendations on how the role and effectiveness of these institutions can be enhanced.
There is an undisputed and critical link between human rights and development, which is recognise... more There is an undisputed and critical link between human rights and development, which is recognised by various international human rights instruments. After defining the concepts 'human rights' and 'development'-based on the views of a variety of bodies, institutions and human rights instruments-and discussing their interplay and relationship, this paper explores and acknowledges the level and extent of current pra ctices of integrating human rights and development in Africa. It pays specific attention to the roles and dimensions of civil and political rights on the one hand, and socioeconomic rights on the other, and how they impact on development in different, but important ways. Opportunities and prospects for promoting a human rights-based approach to development are discussed, with some mention of the role of the African Charter on Human and Peoples Rights, the African Commission on Human and Peoples' Rights, and the African Court of Justice and Human Rights. However, pa rticular and most attention is pa id to the variou s stra tegies of the Unite Nations Millen nium Development Goals (MDGs). Challenges such as poverty, poor governance, lack of democracy, conflict, health, and unpalatable cultural practices prevailing in Africa, are discussed. This considered, and given the backdrop of Africa's varied and substantial political and socioeconomic challenges, it is argued that adopting a human rightsbased approach to development in Africa is imperative and critical.
Albinism is a genetic condition that occurs in people of all races and in all parts of the world.... more Albinism is a genetic condition that occurs in people of all races and in all parts of the world. In Tanzania, and in many other places where it occurs, children living with albinism constantly are subjected to discrimination, stigmatisation, persecution and ridicule. However, the most disturbing phenomenon is the mindless killing of these children. The threat of being murdered forces some of these children to flee from their homes and communities. In an attempt to address the situation and to protect these children, the Tanzanian government has established temporary holding shelters. This article explores the challenges faced by children at these temporary holding shelters and the extent to which their rights are violated. Despite Tanzania's ratification of the 1989 UN Convention on the Rights of the Child in 1991, which compels it to prevent violence against children and to uphold the right of all children to human dignity and physical integrity, human rights violations against these children abound. It is evident that the Tanzanian government's commitment to protect all children, as required by the Law of the Child Act, is lacking in implementation and effectiveness. The article utilises secondary data
In this article, the discourse around humanitarian intervention involving international human rig... more In this article, the discourse around humanitarian intervention involving international human rights law, morality, and politics, is considered, and a right to intervention given the rigours of sovereignty is questioned. Further issues interrogated are: if intervention takes place, should it be authorised by the United Nations or should unilateral intervention by regional organisations or a single country be permissible in the face of mass killings, genocide and similar events; and what factors drive the act or omission of unilateral intervention for humanitarian purposes? The debate around these inquiries is introduced by considering the intermeshing of world politics and international law in a substantially globalising world - with particular reference to state sovereignty and the role of the United Nations. Thereafter, the evolution of humanitarian intervention and its contemporary development is examined - in the specific context of the 2011 humanitarian intervention in Libya. T...
Poverty is not new. It is not a recent affliction of humankind. It has always been with us. In th... more Poverty is not new. It is not a recent affliction of humankind. It has always been with us. In that regard, I have argued elsewhere that of all the social phenomena that have a significant impact on human rights, poverty probably ranks highest. Some have actually argued that poverty is in itself a violation of human rights.
This article analyses the impact that recent and current developments on the African continent ha... more This article analyses the impact that recent and current developments on the African continent have had, and continue to have, on the promotion and protection of human rights. Such developments include the establishment of an African Court on Human and Peoples' Rights, the formation of the African Union to replace the Organization of African Unity, democratic change in Africa and the advent of a new constitutionalism that embraces the concept of a bill of rights. An understanding of recent and current trends in the promotion and protection of human rights in Africa has to take into account the historical and international context within which the African system operates. Several challenges still inhibit the promotion and protection of human rights in Africa, including various ongoing regional and internal conflicts, the prevalence of poverty, ignorance and diseases, the predominance of political and social disharmony and the continued existence of unacceptable cultural and custo...
Comparative and International Law Journal of Southern Africa, 2014
Since the early 1960s, the rights of victims of crime have been a matter of grave concern. This i... more Since the early 1960s, the rights of victims of crime have been a matter of grave concern. This is because victims of crime have been marginalised and situated on the periphery of the criminal justice process with little focus on a victim-centred processes directly addressing the rights of offenders. This article first explores international developments in the area of victim protection, discussing the approaches of international bodies and criminal tribunals, especially the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Court (ICC), with the latter being perhaps the 'gold standard'. A review of the different approaches adopted by Uganda and South Africa follows. This includes reference to pertinent legislation and policy frameworks in both countries. The main distinguishing aspect is that South Africa's approach is based on an extensive policy framework, while Uganda's focus is rather on a legislative framework. It is important that...
This article focuses on xenophobia in the South African labour market and the effect it can and d... more This article focuses on xenophobia in the South African labour market and the effect it can and does have on foreign employees. In contrast to current scholarship that portrays xenophobia in South Africa as a consequence of anti-immigrant sentiments and stereotypes that stem from social, political, economic and cultural misconceptions, this paper argues that the causes of xenophobia are much more complex than that. In addition to those misconceptions, it is argued, xenophobia in South Africa may well have its genesis in the pre-1994 apartheid and colonialism era which sought to impose segregation and instill hatred between and among black people. The main argument in the paper, however, is that the South African legal framework and its implementation do not go far enough in addressing the problem of xenophobia in the workplace. As a result, the rights of foreign employees are negatively impacted and not sufficiently protected. To underscore this point, the paper undertakes a discuss...
Departing from the premise that human rights are those rights possessed by virtue of being human,... more Departing from the premise that human rights are those rights possessed by virtue of being human, this contribution revisits the traditional classification of human rights into three 'generations' of rights. The author criticises aspects of this division from an African perspective, such as the prioritisation of civil and political ('first generation') rights above other 'generations', as well as the inappropriate classification of the right to culture with other socio-economic ('second generation') rights and the right to development as a 'third generation' right. A proposal is then made for the reconfiguration of rights into the following four categories: civil and political rights, social and survival rights, economic, developmental and environmental rights and cultural and spiritual rights.
In 1993 the World Conference on Human Rights adopted the Vienna Declaration and Programme of Acti... more In 1993 the World Conference on Human Rights adopted the Vienna Declaration and Programme of Action which proclaimed, inter alia, that "democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually reinforcing." Whereas this interdependence is possible and indeed desirable, the statement tends to ignore the contradictions and challenges posed by the relationship between these ideals and one of the leading characteristics of the contemporary world - globalisation. The relationship between globalisation and democracy is quite complex. So, too, is the relationship between globalisation and development. Moreover, the structural and institutional changes associated with globalisation have a significant impact on the protection of human rights, particularly in the developing world. Nowhere is this complex relationship more prominent than on the African continent. This is due to the unique circumstances and peculiar challenges that A...
Introduction In traditional African societies, matters of sexuality are usually not openly discus... more Introduction In traditional African societies, matters of sexuality are usually not openly discussed in public. Issues of sexual and reproductive health are seen as being strictly private and are only dealt with through well-defined channels like public health officials and health providers. This might be one of the reasons why sexual and reproductive rights of women are widely violated and abused in Africa. The other reason relates to the existence of numerous gender-based cultural and traditional practices that are harmful to women. The cultural and traditional practices reviewed in this paper include female genital mutilation (FGM), marriage by abduction (ukuthwala), virginity testing, early/child marriages, polygamy and other practices that are inherently harmful--including those that directly or indirectly result in violence against women. All these practices, which have the potential of violating sexual and reproductive rights of women, exist in varying extents in many African...
Abstract The purpose of this article is to explore and analyse the link between human rights and ... more Abstract The purpose of this article is to explore and analyse the link between human rights and poverty on the one hand and the role human rights can and do play in poverty reduction on the other. Drawing on research conducted by the author, the article shows how levels of public awareness of human rights are directly linked to levels of poverty in South Africa. Lack of knowledge and public awareness of human rights is mainly prevalent among the poor. Any programme aimed at reducing poverty in South Africa should adopt a holistic strategy that not only incorporates a human rights approach but also addresses the question of the low levels of human rights education.
The South African Constitution, particularly its Bill of Rights, is regarded as one of the most p... more The South African Constitution, particularly its Bill of Rights, is regarded as one of the most progressive in the world. The Ugandan Constitution, adopted around the same time as its South African counterpart, also has a Bill of Rights. Lawyers and advocacy groups in both countries have taken advantage of their constitutions to challenge the government to enforce several rights ranging from health care services, education, water and sanitation, to housing and social security, albeit at a lower scale and with less impact and significance in Uganda than South Africa. The purpose of this paper is to discuss and determine the constitutional impact of strategic litigation in South Africa and Uganda. The paper begins with a conceptual context of strategic litigation. The specific reasons for the choice of the two countries are highlighted before focusing, in a comparative way, on some relevant organizations and the various court decisions that have emanated from strategic litigation in b...
This article focuses on corruption in Uganda and South Africa. It begins with a brief analysis of... more This article focuses on corruption in Uganda and South Africa. It begins with a brief analysis of the effects of corruption on the two countries before looking comparatively at their anti-corruption legal frameworks by analysing the relevant constitutional and legislative anti-corruption provisions. The choice of Uganda and South Africa for comparison is based on several factors. The two countries have much in common. They are both transitional societies with disturbing histories characterised by apartheid, oppression and repression in South Africa , and colonialism and military dictatorships in Uganda. In the mid-1990s, the two countries adopted new constitutions that contained Bills of Rights. Such similarities justify comparison for purposes of shared perspectives, approaches and good practices. Moreover, there are many benefits to be gained from comparative research involving cross-national studies - including a deeper understanding of how different countries do things in the co...
This article explores the impact of the COVID-19 pandemic on vulnerable people in South Africa in... more This article explores the impact of the COVID-19 pandemic on vulnerable people in South Africa in the specific context of poverty and inequality. It does so by first looking at the conceptual context and then highlighting the extent of the impact both from a constitutional and human rights context and from a legislative context. It uses the poor and vulnerable as a proxy to explore the impact of the pandemic (and the measures put in place to contain it) on the specific constitutional rights of vulnerable people, before suggesting a human rights-based approach to managing the pandemic. It concludes that, despite the South African government having undertaken some of the actions recommended, there remains room for improvement and scope for further research, as the pandemic is expected to continue for some time.
This article describes how the COVID-19 pandemic has exposed and worsened the existing social and... more This article describes how the COVID-19 pandemic has exposed and worsened the existing social and economic conditions of rural people in South Africa, how their livelihoods have been affected and how their rights have been violated as a result. The rights considered and discussed include those contained in the South African Bill of Rights with a particular focus on socio-economic rights which, by their very nature, have important social and economic dimensions. The implications of these social and economic dimensions on rural people under the COVID-19 pandemic are discussed. The article partly adopts a qualitative research methodology in which information gathered through interviews, webinar discussions, and workshops with various stakeholders and participants are presented and analysed. The paper also discusses the balance between the need to prevent the spread of the COVID-19 pandemic through lockdown measures, the impact of these measures on rural livelihoods, and the constitutio...
Comparative and International Law Journal of Southern Africa
That National Human Rights Institutions (NHRIs) play an important role in the protection and prom... more That National Human Rights Institutions (NHRIs) play an important role in the protection and promotion of human rights is a well-known fact. This has been widely acknowledged by the United Nations (UN). Also well-known is the fact that several African countries have enacted new constitutions during the last two to three decades. One of the most salient features of those new constitutions is that they establish NHRIs, among other things. Given their unique role and mandate, these NHRIs can and do play an important role in the realisation of the sustainable development goals contained in the UN 2030 Agenda for Sustainable Development. Adopting a case study approach, this article explores the role NHRIs have played in the promotion and protection of human rights in selected African countries and implications for sustainable development in those countries. The main argument is that there are several lessons African countries can learn from each other on how their NHRIs can more meaningf...
The purpose of this paper is to discuss and determine the role that national human rights institu... more The purpose of this paper is to discuss and determine the role that national human rights institutions have played in promoting and protecting human rights in selected African countries. The countries chosen for discussion include South Africa, Uganda, Kenya, Ghana and Ethiopia. There are specific reasons for the choice of these countries. The paper highlights these reasons before discussing the various human rights institutions in detail and concluding with comparative lessons and recommendations on how the role and effectiveness of these institutions can be enhanced.
There is an undisputed and critical link between human rights and development, which is recognise... more There is an undisputed and critical link between human rights and development, which is recognised by various international human rights instruments. After defining the concepts 'human rights' and 'development'-based on the views of a variety of bodies, institutions and human rights instruments-and discussing their interplay and relationship, this paper explores and acknowledges the level and extent of current pra ctices of integrating human rights and development in Africa. It pays specific attention to the roles and dimensions of civil and political rights on the one hand, and socioeconomic rights on the other, and how they impact on development in different, but important ways. Opportunities and prospects for promoting a human rights-based approach to development are discussed, with some mention of the role of the African Charter on Human and Peoples Rights, the African Commission on Human and Peoples' Rights, and the African Court of Justice and Human Rights. However, pa rticular and most attention is pa id to the variou s stra tegies of the Unite Nations Millen nium Development Goals (MDGs). Challenges such as poverty, poor governance, lack of democracy, conflict, health, and unpalatable cultural practices prevailing in Africa, are discussed. This considered, and given the backdrop of Africa's varied and substantial political and socioeconomic challenges, it is argued that adopting a human rightsbased approach to development in Africa is imperative and critical.
Albinism is a genetic condition that occurs in people of all races and in all parts of the world.... more Albinism is a genetic condition that occurs in people of all races and in all parts of the world. In Tanzania, and in many other places where it occurs, children living with albinism constantly are subjected to discrimination, stigmatisation, persecution and ridicule. However, the most disturbing phenomenon is the mindless killing of these children. The threat of being murdered forces some of these children to flee from their homes and communities. In an attempt to address the situation and to protect these children, the Tanzanian government has established temporary holding shelters. This article explores the challenges faced by children at these temporary holding shelters and the extent to which their rights are violated. Despite Tanzania's ratification of the 1989 UN Convention on the Rights of the Child in 1991, which compels it to prevent violence against children and to uphold the right of all children to human dignity and physical integrity, human rights violations against these children abound. It is evident that the Tanzanian government's commitment to protect all children, as required by the Law of the Child Act, is lacking in implementation and effectiveness. The article utilises secondary data
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Papers by John Mubangizi