Pub Date : 2021-01-01DOI: 10.17159/1996-2096/2021/v21n1a17
B. Bwire, M. Akech, Agnes Meroka-Mutua
SUMMARY Sexual violence is a human rights violation and is addressed under a growing number of international agreements including the 1993 Declaration on the Elimination of Violence against Women, among others. This article uses the due diligence standard, as elaborated on by the UN Special Rapporteur on Violence against Women, to interrogate Kenya's domestic accountability efforts with regard to sexual violence in the 2007/2008 post-election violence. It finds that Kenya suffered from a number of structural and systemic shortcomings that resulted in its failure to meet its obligation to prevent, investigate, prosecute and compensate for such acts of sexual violence perpetrated by both state and non-state actors. Key among them are a lack of well-coordinated multi-sectoral approaches to address sexual violence; human capacity gaps in the provision of medico-legal services to survivors; and systemic failures in the investigation and prosecution of sexual violence cases. The article further highlights the hope for future accountability inherent in the recent ruling in Constitutional Petition 112 of 2013 which held the state accountable for all gaps and shortcomings in responding to sexual violence during the post-election violence. The article concludes by advocating community-based multi-sectoral approaches in prevention and response to sexual violence in the Kenyan context with an emphasis on improving both human and technical capacities for provision of medico-legal services to survivors. Key words: sexual violence; human rights; Kenya 2007-2008 postelection violence; medico-legal responses to sexual violence
{"title":"Utilising the due diligence standard to interrogate Kenya's accountability efforts with regard to survivors of sexual violence in the 2007-2008 post-election violence","authors":"B. Bwire, M. Akech, Agnes Meroka-Mutua","doi":"10.17159/1996-2096/2021/v21n1a17","DOIUrl":"https://doi.org/10.17159/1996-2096/2021/v21n1a17","url":null,"abstract":"SUMMARY Sexual violence is a human rights violation and is addressed under a growing number of international agreements including the 1993 Declaration on the Elimination of Violence against Women, among others. This article uses the due diligence standard, as elaborated on by the UN Special Rapporteur on Violence against Women, to interrogate Kenya's domestic accountability efforts with regard to sexual violence in the 2007/2008 post-election violence. It finds that Kenya suffered from a number of structural and systemic shortcomings that resulted in its failure to meet its obligation to prevent, investigate, prosecute and compensate for such acts of sexual violence perpetrated by both state and non-state actors. Key among them are a lack of well-coordinated multi-sectoral approaches to address sexual violence; human capacity gaps in the provision of medico-legal services to survivors; and systemic failures in the investigation and prosecution of sexual violence cases. The article further highlights the hope for future accountability inherent in the recent ruling in Constitutional Petition 112 of 2013 which held the state accountable for all gaps and shortcomings in responding to sexual violence during the post-election violence. The article concludes by advocating community-based multi-sectoral approaches in prevention and response to sexual violence in the Kenyan context with an emphasis on improving both human and technical capacities for provision of medico-legal services to survivors. Key words: sexual violence; human rights; Kenya 2007-2008 postelection violence; medico-legal responses to sexual violence","PeriodicalId":36136,"journal":{"name":"African Human Rights Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67473580","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.17159/1996-2096/2021/v21n1a9
Adetokunbo Johnson
SUMMARY The state reporting process is one of the important means through which human rights compliance is monitored. Pursuant to article 62 of the African Charter on Human and Peoples' Rights and article 26(1) of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, state parties are required to provide a detailed report on the human rights situation in their respective countries to the African Commission on Human and Peoples' Rights. The state report should be submitted every two years, and should outline the steps, the progress made, and challenges encountered in realising the rights provided for in the African Women's Protocol. Unfortunately, only a handful ofstates have fulfilled this reporting obligation. Consequently, this article identifies and investigates barriers to fulfilling reporting obligations under the African Women's Protocol. Specifically, it interrogates why some African governments have failed to fulfil their reporting obligations after showing significant commitment by their ratification of this instrument. It is acknowledged that while there might be a myriad of barriers that could be advanced, the article identifies specific barriers to non-reporting on the African Women's Protocol. It concludes with some form of optimism, arguing that the difficulties to fulfilling the reporting obligations on the African Women's Protocol notwithstanding, African governments should be held accountable and made to see the value that could be derived from reporting on human rights compliance. The African Commission's need to take up proactive steps to facilitate increased seriousness to the reporting process itself, which would then encourage and compel state parties to begin to take their reporting obligations seriously and fulfil the obligations therein, is underscored. Finally, to overcome these barriers, recommendations are proffered to critical stakeholders such as the African Commission, African governments and civil society organisations. Key words: African Charter; African Women's Protocol; women's rights; state reporting; African Commission
{"title":"Barriers to fulfilling reporting obligations in Africa under the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa","authors":"Adetokunbo Johnson","doi":"10.17159/1996-2096/2021/v21n1a9","DOIUrl":"https://doi.org/10.17159/1996-2096/2021/v21n1a9","url":null,"abstract":"SUMMARY The state reporting process is one of the important means through which human rights compliance is monitored. Pursuant to article 62 of the African Charter on Human and Peoples' Rights and article 26(1) of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, state parties are required to provide a detailed report on the human rights situation in their respective countries to the African Commission on Human and Peoples' Rights. The state report should be submitted every two years, and should outline the steps, the progress made, and challenges encountered in realising the rights provided for in the African Women's Protocol. Unfortunately, only a handful ofstates have fulfilled this reporting obligation. Consequently, this article identifies and investigates barriers to fulfilling reporting obligations under the African Women's Protocol. Specifically, it interrogates why some African governments have failed to fulfil their reporting obligations after showing significant commitment by their ratification of this instrument. It is acknowledged that while there might be a myriad of barriers that could be advanced, the article identifies specific barriers to non-reporting on the African Women's Protocol. It concludes with some form of optimism, arguing that the difficulties to fulfilling the reporting obligations on the African Women's Protocol notwithstanding, African governments should be held accountable and made to see the value that could be derived from reporting on human rights compliance. The African Commission's need to take up proactive steps to facilitate increased seriousness to the reporting process itself, which would then encourage and compel state parties to begin to take their reporting obligations seriously and fulfil the obligations therein, is underscored. Finally, to overcome these barriers, recommendations are proffered to critical stakeholders such as the African Commission, African governments and civil society organisations. Key words: African Charter; African Women's Protocol; women's rights; state reporting; African Commission","PeriodicalId":36136,"journal":{"name":"African Human Rights Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67473779","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.17159/1996-2096/2021/v21n1a10
A. Amin
SUMMARY The incorporation of socio-economic rights in the African Charter on Human and Peoples' Rights should be considered a vital move towards the transformation of socio-economic conditions of the people on the continent. However, the envisaged socio-economic transformation depends largely on how these rights are interpreted. It is the task of the supervisory organs of the African Charter to develop the scope and content of these rights and their related obligations through interpretation. To achieve this interpretative objective, interpretive process of the supervisory organs should be guided by an appropriate approach to interpretation that is applied coherently. This article argues that the teleological approach to treaty interpretation is an appropriate approach to interpreting socio-economic rights in the African Charter. The article develops a methodology for application of the teleological approach through which socio-economic rights in the African Charter may be effectively interpreted. Key words: socio-economic rights; African Charter; effective interpretation; teleological approach to interpretation
{"title":"A teleological approach to interpreting socio-economic rights in the African Charter: Appropriateness and methodology","authors":"A. Amin","doi":"10.17159/1996-2096/2021/v21n1a10","DOIUrl":"https://doi.org/10.17159/1996-2096/2021/v21n1a10","url":null,"abstract":"SUMMARY The incorporation of socio-economic rights in the African Charter on Human and Peoples' Rights should be considered a vital move towards the transformation of socio-economic conditions of the people on the continent. However, the envisaged socio-economic transformation depends largely on how these rights are interpreted. It is the task of the supervisory organs of the African Charter to develop the scope and content of these rights and their related obligations through interpretation. To achieve this interpretative objective, interpretive process of the supervisory organs should be guided by an appropriate approach to interpretation that is applied coherently. This article argues that the teleological approach to treaty interpretation is an appropriate approach to interpreting socio-economic rights in the African Charter. The article develops a methodology for application of the teleological approach through which socio-economic rights in the African Charter may be effectively interpreted. Key words: socio-economic rights; African Charter; effective interpretation; teleological approach to interpretation","PeriodicalId":36136,"journal":{"name":"African Human Rights Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67473389","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.17159/1996-2096/2021/v21n1a12
Tamo Atabongawung
SUMMARY This article examines the relationship between business actors and the implementation of the right to development in Africa. It focuses on the implications of a possible (future) international legally-binding instrument on business and human rights. Although there is no guarantee that such an instrument will eventually be adopted and ratified by states in the near future, the article nevertheless critically examines ways in which the clarification of some issues associated with this process could help revitalise the implementation of the right to development in Africa. It concludes that a legally-binding instrument on business and human rights might elucidate certain contested human rights principles such as international cooperation and assistance; extraterritoriality and accountability, which are central to a meaningful implementation of the right to development on the continent. Key words: Africa; transnational corporations and human rights; right to development and accountability; African Charter
{"title":"A legally-binding instrument on business and human rights: Implications for the right to development in Africa","authors":"Tamo Atabongawung","doi":"10.17159/1996-2096/2021/v21n1a12","DOIUrl":"https://doi.org/10.17159/1996-2096/2021/v21n1a12","url":null,"abstract":"SUMMARY This article examines the relationship between business actors and the implementation of the right to development in Africa. It focuses on the implications of a possible (future) international legally-binding instrument on business and human rights. Although there is no guarantee that such an instrument will eventually be adopted and ratified by states in the near future, the article nevertheless critically examines ways in which the clarification of some issues associated with this process could help revitalise the implementation of the right to development in Africa. It concludes that a legally-binding instrument on business and human rights might elucidate certain contested human rights principles such as international cooperation and assistance; extraterritoriality and accountability, which are central to a meaningful implementation of the right to development on the continent. Key words: Africa; transnational corporations and human rights; right to development and accountability; African Charter","PeriodicalId":36136,"journal":{"name":"African Human Rights Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67473431","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.17159/1996-2096/2021/v21n1a25
Tinashe Kondo, Shadreck Masike, Brian Chihera, Bright Mbonderi
SUMMARY In 2013 Zimbabwe enacted a new Constitution, introducing a raft of new changes, among them, the introduction of constitutional socio-economic rights. Not soon thereafter socio-economic rights were tested in the case of Mushoriwa v City of Harare in 2014. The High Court made a finding in favour of the applicant, a decision which enforced the right to water in section 77 of the Constitution. The ruling offered the view that the water bylaws used were unconstitutional and contrary to the enabling statute. This judgment was welcomed as a 'first true test' of socio-economic rights under the 2013 Constitution. In Hove v City of Harare the High Court judge agreed with the reasoning of the Court in Mushoriwa v City of Harare that, in the event of a genuine dispute of a water bill, there should be a recourse to the courts for remedies. In 2018, however, the Supreme Court overturned the decision in the Mushoriwa case. It declared that water disconnections in terms of the water bylaw are above board. This raises questions as to the constitutional obligation to protect the right to water imposed upon all organs of the state. It is against this background that this article reviews the case of Mushoriwa and makes comments on the effects of this judgment, specifically about the enforcement of socio-economic rights in Zimbabwe. Keywords: constitutionality; right to water; Mushoriwa; socio-economic rights
{"title":"One step forward, two steps back: A review of Mushoriwa v City of Harare in view of Zimbabwe's constitutional socio-economic rights","authors":"Tinashe Kondo, Shadreck Masike, Brian Chihera, Bright Mbonderi","doi":"10.17159/1996-2096/2021/v21n1a25","DOIUrl":"https://doi.org/10.17159/1996-2096/2021/v21n1a25","url":null,"abstract":"SUMMARY In 2013 Zimbabwe enacted a new Constitution, introducing a raft of new changes, among them, the introduction of constitutional socio-economic rights. Not soon thereafter socio-economic rights were tested in the case of Mushoriwa v City of Harare in 2014. The High Court made a finding in favour of the applicant, a decision which enforced the right to water in section 77 of the Constitution. The ruling offered the view that the water bylaws used were unconstitutional and contrary to the enabling statute. This judgment was welcomed as a 'first true test' of socio-economic rights under the 2013 Constitution. In Hove v City of Harare the High Court judge agreed with the reasoning of the Court in Mushoriwa v City of Harare that, in the event of a genuine dispute of a water bill, there should be a recourse to the courts for remedies. In 2018, however, the Supreme Court overturned the decision in the Mushoriwa case. It declared that water disconnections in terms of the water bylaw are above board. This raises questions as to the constitutional obligation to protect the right to water imposed upon all organs of the state. It is against this background that this article reviews the case of Mushoriwa and makes comments on the effects of this judgment, specifically about the enforcement of socio-economic rights in Zimbabwe. Keywords: constitutionality; right to water; Mushoriwa; socio-economic rights","PeriodicalId":36136,"journal":{"name":"African Human Rights Law Journal","volume":"47 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67473612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.17159/1996-2096/2021/v21n1a6
Avani Singh, Tina Power
SUMMARY Africa is increasingly welcoming and participating in the technological revolution that is occurring the world over. A significant rise in access to the internet and other digital technologies means that children can engage, communicate, share, learn and develop in previously unimaginable ways. Technology, to a large extent, has fundamentally changed the way in which children exercise and realise their rights. This article argues that in order for children to be safe and empowered both on and off-line - and have their privacy respected, protected and promoted - a variety of stakeholders need to come to the table. Drawing on recent international developments around children's rights in a digital environment, this article reflects on the various roles of key stakeholders in advancing the privacy rights of children. The article submits that the advancement of children's privacy rights in Africa is indeed achievable and attainable, provided there are collaborative commitments from public and private decision makers and parents, caregivers and guardians and, importantly, that children are part of the solution. As we look to the future of the right to privacy in Africa, the article concludes with a selection of recommendations on the right to privacy going forward. Key words: children's right to privacy; technological advancements; digital spaces; multi-sectoral approach; children's participation
{"title":"Understanding the privacy rights of the African child in the digital era","authors":"Avani Singh, Tina Power","doi":"10.17159/1996-2096/2021/v21n1a6","DOIUrl":"https://doi.org/10.17159/1996-2096/2021/v21n1a6","url":null,"abstract":"SUMMARY Africa is increasingly welcoming and participating in the technological revolution that is occurring the world over. A significant rise in access to the internet and other digital technologies means that children can engage, communicate, share, learn and develop in previously unimaginable ways. Technology, to a large extent, has fundamentally changed the way in which children exercise and realise their rights. This article argues that in order for children to be safe and empowered both on and off-line - and have their privacy respected, protected and promoted - a variety of stakeholders need to come to the table. Drawing on recent international developments around children's rights in a digital environment, this article reflects on the various roles of key stakeholders in advancing the privacy rights of children. The article submits that the advancement of children's privacy rights in Africa is indeed achievable and attainable, provided there are collaborative commitments from public and private decision makers and parents, caregivers and guardians and, importantly, that children are part of the solution. As we look to the future of the right to privacy in Africa, the article concludes with a selection of recommendations on the right to privacy going forward. Key words: children's right to privacy; technological advancements; digital spaces; multi-sectoral approach; children's participation","PeriodicalId":36136,"journal":{"name":"African Human Rights Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67473718","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.17159/1996-2096/2021/v21n1a14
Basutu S Makwaiba
SUMMARY Emerging infectious and formidable epidemic diseases are a cause for concern and a serious threat to the global health. At the time of writing a number of these diseases have no cure. States in their domestic legislation applicable to matters of public health have come up with approaches to deal with such diseases. Zimbabwe has enacted primary legislation and regulations dealing with public health in an effort to suppress and prevent these diseases. The Zimbabwean Public Health Act, for example, authorises the notification of infectious and formidable epidemic diseases and the inspection of infected premises. The Act further empowers the Minister of Health and Child Care to enact regulations. Through the Public Health Regulations, the government of Zimbabwe declared COVID-19 a formidable epidemic disease. Warranted by the Health Act, the Minister of Health and Child Care made treatment, testing, detention and isolation compulsory during the period in which COVID-19 is declared a formidable epidemic disease. This article seeks to provide a critical analysis of these measures as provided in the Public Health Act and health regulations in light of the constitutionally-guaranteed rights of privacy, freedom of security, liberty and freedom of movement. The question sought to be answered by the author is whether these measures justifiably trumps the rights of individuals. Key words: infectious diseases; formidable epidemic diseases; public health; fundamental human rights; legislation
{"title":"Tension between the individual's fundamental human rights and the protection of the public from infectious and formidable epidemic diseases","authors":"Basutu S Makwaiba","doi":"10.17159/1996-2096/2021/v21n1a14","DOIUrl":"https://doi.org/10.17159/1996-2096/2021/v21n1a14","url":null,"abstract":"SUMMARY Emerging infectious and formidable epidemic diseases are a cause for concern and a serious threat to the global health. At the time of writing a number of these diseases have no cure. States in their domestic legislation applicable to matters of public health have come up with approaches to deal with such diseases. Zimbabwe has enacted primary legislation and regulations dealing with public health in an effort to suppress and prevent these diseases. The Zimbabwean Public Health Act, for example, authorises the notification of infectious and formidable epidemic diseases and the inspection of infected premises. The Act further empowers the Minister of Health and Child Care to enact regulations. Through the Public Health Regulations, the government of Zimbabwe declared COVID-19 a formidable epidemic disease. Warranted by the Health Act, the Minister of Health and Child Care made treatment, testing, detention and isolation compulsory during the period in which COVID-19 is declared a formidable epidemic disease. This article seeks to provide a critical analysis of these measures as provided in the Public Health Act and health regulations in light of the constitutionally-guaranteed rights of privacy, freedom of security, liberty and freedom of movement. The question sought to be answered by the author is whether these measures justifiably trumps the rights of individuals. Key words: infectious diseases; formidable epidemic diseases; public health; fundamental human rights; legislation","PeriodicalId":36136,"journal":{"name":"African Human Rights Law Journal","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67473453","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.17159/1996-2096/2021/v21n1a16
O. B. Igbayiloye, Daniel Bradlow
SUMMARY The priorities ofAfrican governments regarding the extractive industry tend to focus on economic interests leading them to provide a conducive environment for investments by private entities. Furthermore, reforms in the industry are inclined to promote these priorities with less consideration for adequate protection for affected people and their environment, including protection from resulting social and environmental impacts. The result in economies endowed with mineral resources is that resources are poorly managed and the outcomes of exploitation of mineral resources are environmental degradation, loss of lives, displacement, conflicts between companies and mining communities, protests against mining projects, and human rights violations. These problems in the long run slow down development and forestall its benefits because of poor regard for the concerns of affected people by the government and companies. Filling the gaps in extractive policies, particularly in the area of protection of communities and their environment affected by activities of the extractive industry, is essential to tackle the environmental and social outcomes of mining activities. In this article the legal and institutional framework regulating the mining industry in selected jurisdictions in Africa is examined to determine the extent to which they respond to the problems arising from the development of mineral resources, particularly the human rights violations caused by the adverse impacts of mining. Some lessons are drawn for the benefit of other countries. The article argues that some of these mining policies poorly encourage effective protection of affected communities, particularly human rights, in mining developments. The article proposes that mineral legal regimes need to be strengthened for the effective protection of affected people and their environment. Key words: mining industry; mineral resources; mining; mining policies; human rights
{"title":"An assessment of the regulatory legal and institutional framework of the mining industry in South Africa and Kenya for effective human rights protection: Lessons for other countries","authors":"O. B. Igbayiloye, Daniel Bradlow","doi":"10.17159/1996-2096/2021/v21n1a16","DOIUrl":"https://doi.org/10.17159/1996-2096/2021/v21n1a16","url":null,"abstract":"SUMMARY The priorities ofAfrican governments regarding the extractive industry tend to focus on economic interests leading them to provide a conducive environment for investments by private entities. Furthermore, reforms in the industry are inclined to promote these priorities with less consideration for adequate protection for affected people and their environment, including protection from resulting social and environmental impacts. The result in economies endowed with mineral resources is that resources are poorly managed and the outcomes of exploitation of mineral resources are environmental degradation, loss of lives, displacement, conflicts between companies and mining communities, protests against mining projects, and human rights violations. These problems in the long run slow down development and forestall its benefits because of poor regard for the concerns of affected people by the government and companies. Filling the gaps in extractive policies, particularly in the area of protection of communities and their environment affected by activities of the extractive industry, is essential to tackle the environmental and social outcomes of mining activities. In this article the legal and institutional framework regulating the mining industry in selected jurisdictions in Africa is examined to determine the extent to which they respond to the problems arising from the development of mineral resources, particularly the human rights violations caused by the adverse impacts of mining. Some lessons are drawn for the benefit of other countries. The article argues that some of these mining policies poorly encourage effective protection of affected communities, particularly human rights, in mining developments. The article proposes that mineral legal regimes need to be strengthened for the effective protection of affected people and their environment. Key words: mining industry; mineral resources; mining; mining policies; human rights","PeriodicalId":36136,"journal":{"name":"African Human Rights Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67473570","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.17159/1996-2096/2021/v21n1a1
Nkatha L. Murungi
This special focus on the rights of children under the African Charter on the Rights and Welfare of the Child (African Children’s Charter) is the second instalment of dedicated articles to mark 30 years since the adoption of the African Children’s Charter in 1990. Along with articles published in the first edition of the Special Focus in the second issue of the African Human Rights Law Journal in 2020, the articles in this issue highlight the pertinent contributions of the Charter to key child rights developments and shaping of the child rights discourse in the African region.
{"title":"Editorial: Continuation of the Special Focus to mark 30 years since the adoption of the African Children's Charter","authors":"Nkatha L. Murungi","doi":"10.17159/1996-2096/2021/v21n1a1","DOIUrl":"https://doi.org/10.17159/1996-2096/2021/v21n1a1","url":null,"abstract":"This special focus on the rights of children under the African Charter on the Rights and Welfare of the Child (African Children’s Charter) is the second instalment of dedicated articles to mark 30 years since the adoption of the African Children’s Charter in 1990. Along with articles published in the first edition of the Special Focus in the second issue of the African Human Rights Law Journal in 2020, the articles in this issue highlight the pertinent contributions of the Charter to key child rights developments and shaping of the child rights discourse in the African region.","PeriodicalId":36136,"journal":{"name":"African Human Rights Law Journal","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67473378","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-01DOI: 10.17159/1996-2096/2021/v21n1a3
Rongedzayi Fambasayi, Michael Addaney
SUMMARY This article explores the manner in which climate action at the African regional level protects and promotes children's rights with considerations being had to the principle of intergenerational equity. It establishes that while the concept of intergenerational equity is entrenched in the international and African regional climate change framework for the protection of children, neither the Convention on the Rights of the Child nor the African Children's Charter mentions the concept. However, CRC and the African Children's Charter oblige states to take into consideration the views of children and protect their best interests in climate action (to ensure intergenerational equity) and in achieving a sustainable future. Using a doctrinal research method, the article examines the regional legal and institutional responses to the cascading impacts of climate change and how they safeguard children's rights to a sustainable future. It proceeds to critically analyse child rights-responsive provisions in the African Children's Charter that could potentially enhance the utility of the principle of intergenerational equity in the context of climate action in Africa. The article argues that the principle of intergenerational equity could, in theory, be used as a useful tool for the protection and promotion of the rights and interests of children from climate change impacts. Key words: children's rights; climate change; climate justice; future generations; intergenerational equity
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