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Ngang, Carol Chi. "Self-Determination and the Southern Cameroons’ Quest for Sovereign Statehood". African Journal of International and Comparative Law 29, n. 2 (maggio 2021): 288–308. http://dx.doi.org/10.3366/ajicl.2021.0364.
Testo completoAbstract (sommario):
In this article, I provide a historical narrative and legal analysis of the Southern Cameroons’ quest for sovereign statehood on the basis of the right to self-determination under international law, which grants entitlement to political independence and to socio-economic and cultural development. This account is motivated by the manner in which the question of self-determination for the Southern Cameroons has been dealt with since the times of decolonisation, resulting in yet another bloody conflict on the African continent. Contrary to the global commitment to secure universal peace and security and the adherence by member states of the African Union to human rights and a peaceful and secure Africa, the escalating conflict in the Southern Cameroons not only challenges these aspirations but has also generated a humanitarian emergency of enormous proportions. Because self-determination is guaranteed to apply unconditionally within the context of decolonisation, I post two important questions. First, why was the Southern Cameroons deprived of the right to sovereign statehood when other trust territories gained independence? Second, is the Southern Cameroons still entitled to assert sovereignty on the basis of the inalienable right to self-determination? In responding to these questions, I explain how self-determination for the Southern Cameroons was compromised and further provide justification for the legitimate quest to sovereign statehood.
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Mecenero, Silvia, David A. Edge, Hermann S. Staude, Bennie H. Coetzer, André J. J. Coetzer, Domitilla C. Raimondo, Mark C. Williams et al. "Article continued - Outcomes of the Southern African Lepidoptera Conservation Assessment (SALCA)". Metamorphosis 31, n. 4 (27 marzo 2022): 110–33. http://dx.doi.org/10.4314/met.v31i4.5.
Testo completoAbstract (sommario):
Issue consists of one article divided into downloadable PDFS.
The Southern African Lepidoptera Conservation Assessment (SALCA) was a collaborative venture between the Lepidopterists’ Society of Africa (LepSoc Africa), the Brenton Blue Trust (BBT) and the South African National Biodiversity Institute (SANBI), and formed part of the National Biodiversity Assessment (NBA). SALCA was founded on the importance of Lepidoptera both ecologically and as biodiversity indicators and the proven expertise of the participants during the Southern African Butterfly Conservation Assessment (SABCA). The main outcomes of the SALCA project are presented and discussed here.The SALCA tool, a custom-designed interactive distribution database, enabled high quality data to be derived so that accurate conservation assessments could be produced in accordance with IUCN methodology. The Red Lists of SALCA and SABCA facilitated the first opportunity to calculate the Red List Index (RLI) for South African butterflies during the period from 2012–2018. Other metrics required for the NBA included protection level and threats analyses. A further outcome was the critical habitat mapping for butterflies, which formed part of a screening tool implemented by SANBI, to ensure that land use changes did not cause any further loss of butterfly biodiversity.A comprehensive distribution database was developed for South African moths, enabling data to be analysed so that moth species potentially threatened could be short-listed for further investigation.Geographical hotspots and ecosystems (vegetation types) containing butterflies of conservation concern are highlighted. The societal, economic and human wellbeing benefits of conserving Lepidoptera are identified. Responses by LepSoc Africa to the increasing pressures on South African Lepidoptera biodiversity, are also reported on and discussed. The significant outcomes of SABCA and SALCA are benchmarked against a well-known European butterfly atlasing and conservation assessment project.The 165 SALCA Red Lists and conservation assessments are presented at the end of this publication.
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Published
2022-03-27
Issue
Vol. 31 No. 4 (2020)
Section
Articles
All copyright for publications belongs to the Lepidopterists’ Society of Africa NPC (LepSoc Africa) and/or the individual author(s), in terms of a Creative Commons license, which can be viewed at http://creativecommons.org/licenses/by-nc-nd/3.0/, and which only allows users to copy, distribute and transmit the work, whilst prohibiting commercial use and preventing alteration, transformation of, or building upon the work. The finally formatted, printed version is under the copyright of LepSoc Africa as the publisher, although the author(s) retain the right to fully use the content of the article, provided that the publisher is acknowledged. Text extracts may be used by third parties with prior, written permission from the Metamorphosis Editor and (as a minimum) the senior author. The journal name, volume, number and date of publication must be acknowledged by the third party together with the author(s) and title of the article.
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Howard, Rhoda, Chris Dunton e Mai Palmberg. "Human Rights and Homosexuality in Southern Africa". African Studies Review 41, n. 1 (aprile 1998): 190. http://dx.doi.org/10.2307/524705.
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Banda, Fareda. "Women, Law and Human Rights in Southern Africa". Journal of Southern African Studies 32, n. 1 (marzo 2006): 13–27. http://dx.doi.org/10.1080/03057070500493720.
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Munro, W. A. "Measuring Democracy and Human Rights in Southern Africa". Comparative Studies of South Asia, Africa and the Middle East 26, n. 1 (1 gennaio 2006): 153–54. http://dx.doi.org/10.1215/1089201x-2005-020.
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Mlambo, Courage. "The Nexus between Information Communication Technology and Human Rights in Southern Africa". Information 13, n. 8 (29 luglio 2022): 362. http://dx.doi.org/10.3390/info13080362.
Testo completoAbstract (sommario):
The study sought to empirically test the contribution of information and communication technology (ICT) to the advancement of human rights, drawing on the fact that safeguarding human rights through the use of ICT is a field of increasing interest to academics and those working towards the advancement of human rights and development practitioners. The literature on ICT and human rights holds the view that ICT can play a significant role in the advancement of human rights. ICT has become an essential instrument for realising human rights, and ensuring its accessibility must be a primary concern for all governments. However, despite the increase in ICT usage, the southern African region has been marred by atrocities and human rights violations. Many southern African governments regularly impose restrictions on human rights defenders, journalists, and rights activists, often to suit political goals. The use of ICT has extensive effects on the human rights agenda and forms an important tool in its endeavours to gather, analyse, and spread information and advocate for fitting remedies in response to human rights infringements. It is against this background that this study sought to examine the contribution of ICT to the advancement of human rights. The study was quantitative in nature, using panel data to estimate its model. The findings reveal a weak positive relationship between ICT and the advancement of human rights. The study recommends that governments and civil society encourage the use of ICT functionality in ways that advance human rights.
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Merrett, Christopher, e Roger Gravil. "Comparing Human Rights: South Africa and Argentina, 1976–1989". Comparative Studies in Society and History 33, n. 2 (aprile 1991): 255–87. http://dx.doi.org/10.1017/s0010417500017035.
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Until recently it was rare to bring South Africa and Latin America into a shared focus for any purpose at all. Both regions habitually looked towards the United States of America and Western Europe and showed no interest in each other. With a few exceptions there was scant intellectual concern aroused by their common southern location. In the last few years, however, a number of academics have begun to show interest in comparisons and contrasts derivable from South Africa and Latin America. Our intention is to join this promising trend by examining the vexing question of human rights in South Africa and Argentina since the Soweto massacre and Peronist collapse in 1976. In that historic year of burgeoning abuse, Richard Claude complained that “comparative human rights research has not been systematic.” Concentration on definite themes in two appallingly delinquent countries may contribute to the general improvement he urged.
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Durojaye, Ebenezer. "The human rights implications of virginity testing in South Africa". International Journal of Discrimination and the Law 16, n. 4 (24 luglio 2016): 228–46. http://dx.doi.org/10.1177/1358229116641242.
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This article examines the historical context of virginity testing in Southern Africa with a focus on South Africa. It then examines the arguments often adduced in justifying the introduction of this practice. The two major arguments to support the reintroduction of virginity testing, namely, that it helps in reducing the spread of HIV and in preserving societal moral values are critically examined. Thereafter, the article discusses how the ever contentious debate between universalists and relativists applies to virginity testing. The last part of the article then considers the human rights implications of virginity testing.
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Takirambudde, Peter Nanyenya. "Protection of Labour Rights in the Age of Democratization and Economic Restructuring in Southern Africa". Journal of African Law 39, n. 1 (1995): 39–63. http://dx.doi.org/10.1017/s0021855300005878.
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The contours of human rights, especially labour rights, have undergone significant shifts in the recent past in Southern Africa. Labour law regimes have been overhauled, resulting in large-scale changes, liberalization of controls over trade unions, loosening of strictures relating to the right to strike, freeing collective bargaining from excessive governmental interference and the extension of protective legislation to previously excluded workers. These developments have been a function of dramatic changes throughout die region. The transition in Soudiern Africa has encompassed die political, economic and legal fabrics of most countries. It has been under way since die late 1980s and is being extended daily. In die constitutional zone, diere is a discernible trend towards the constdtutionalization of social rights, thus settling the debate regarding positive and negative rights in favour of the interdependence, indivisibility and interconnectedness of human rights. The transformation in Soudiern Africa is emblematic of three critical developments: democratization, economic liberalization and paradigmatic transitions in law.
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Mubangizi, John C., e Prenisha Sewpersadh. "A Human Rights-based Approach to Combating Public Procurement Corruption in Africa". African Journal of Legal Studies 10, n. 1 (18 agosto 2017): 66–90. http://dx.doi.org/10.1163/17087384-12340015.
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Corruption is a threat to human rights as it erodes accountability and violates many international human rights conventions. It also undermines basic principles and values like equality, non-discrimination, human dignity, and social justice – especially in African countries where democratic systems and institutional arrangements are less developed than in most European, Asian and American countries. Corruption occurs in both the public and private sectors and affects human rights by deteriorating institutions and diminishing public trust in government. Corruption impairs the ability of governments to fulfil their obligations and ensure accountability in the implementation and protection of human rights – particularly socio-economic rights pertinent to the delivery of economic and social services. This is because corruption diverts funds into private pockets – impeding delivery of services, and thereby perpetuating inequality, injustice and unfairness. This considered, the focus of this paper is on public procurement corruption. It is argued that by applying a human rights-based approach to combating public procurement corruption, the violation of human rights – particularly socio-economic rights – can be significantly reduced. Through a human rights-based approach, ordinary people can be empowered to demand transparency, accountability and responsibility from elected representatives and public officials – particularly those involved in public procurement. In the paper, reference is made to selected aspects of the national legal frameworks of five African countries: South Africa, Uganda, Kenya, Nigeria and Botswana.
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Possi, Ally. "The East African Court of Justice: Towards Effective Protection of Human Rights in the East African Community". Max Planck Yearbook of United Nations Law Online 17, n. 1 (2013): 173–95. http://dx.doi.org/10.1163/18757413-90000084.
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Human rights in Africa are under the microscope of regional and subregional mechanisms. The regional mechanism is under the auspices of the African Union (AU), in which human rights come under the scrutiny of the African Court on Human and Peoples’ Rights and the African Commission on Human and Peoples’ Rights. Sub-regional organizations, established as Regional Economic Communities (RECs), have recently developed their own jurisprudence in promoting and protecting human rights in Africa through their legally constituted institutions. The Economic Community of West African States (ECOWAS), the East African Community (EAC) and the Southern African Development Community (SADC) have emerged as front runners in realizing human rights in Africa. The principles governing the operations of the EAC in meeting its objectives include the promotion and protection of human rights. The EAC has established the East African Court of Justice (EACJ), tasked with interpreting and ensuring the application of the EAC Treaty. This article pinpoints key challenges that the EACJ is currently encountering and tries to find possible solutions which can improve the functioning of the EACJ to effectively protect human rights in the Community.
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Putri, Alvela Salsabilah, Puti Jasmine Choirunissa e Riana Salma. "Global Actors’ Effort towards Gender Equality in Women's Health in East and Southern Africa". Global: Jurnal Politik Internasional 23, n. 1 (9 luglio 2021): 104. http://dx.doi.org/10.7454/global.v23i1.580.
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According to 2020 UNAIDS data, there are approximately 20,700,000 people infected with HIV, with 12,900,000 infected are women in Eastern & Southern Africa. This condition is caused by the lack of health rights for women which is also based on the limited rights of women to matters such as education, employment and finance. This study aims to examine the role of global government in accommodating global actors to address issues of gender equality in women's health in Eastern and Southern Africa. This research is built on the concept of global governance theory and feminism. The research method used is qualitative research methods using case studies. This paper concludes that global actors (governmental and non-governmental) make important contributions through international cooperation and produce various programmes for women's empowerment and health assistance. These programmes and assistance are producing slow but steady changes to gender equality and the well-being of women in the Eastern and Southern Africa region. Because through these various health programmes and assistance, women in the Eastern and Southern Africa region can optimise their rights as women as well as human beings.
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Ngwena, Charles. "An Appraisal of Abortion Laws in Southern Africa from a Reproductive Health Rights Perspective". Journal of Law, Medicine & Ethics 32, n. 4 (2004): 708–17. http://dx.doi.org/10.1111/j.1748-720x.2004.tb01976.x.
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The World Conference on Human Rights (the Vienna Conference) that was held in Vienna in 1993, marked an important beginning in the recognition of reproductive and sexual rights as human rights. Among other goals, the Vienna Conference sought to end gender discrimination in all its manifestations; gender-based violence, sexual harassment, and sexual exploitation. However, the turning point for the development of reproductive and sexual rights was the consensus that emanated from the International Conference on Population and Development held in Cairo in 1994 (the Cairo Conference), and the Fourth World Conference on Women in held in Beijing 1995 (the Beijing Conference) as evidenced by the programs for action that were adopted.The Cairo Conference defined reproductive health as “a state of complete physical, mental and social well-being and not merely the absence of infirmity, in all matters relating to the reproductive system and to its functions and processes.”
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Pooe, T. K. "Has it Reinvented Iron Law? South Africa’s Social Industrialisation, not Iron Industrialisation". Law and Development Review 11, n. 2 (26 giugno 2018): 467–511. http://dx.doi.org/10.1515/ldr-2018-0027.
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Abstract This paper examines whether the current South African legal framework and subsequent policies post-1994 encourage and have emphatically fostered industrialisation in South Africa primarily and Southern Africa more generally. The primary contention of this paper is that the South African State, unlike fellow Southern African States, has a long history with industrialisation and should have laid the foundations for Southern Africa’s large scale industrialisation trajectory. However, the post-1994 government vision for South Africa has never had a Law and Development philosophy that prioritises and fosters industrialisation. Industrial Promotion in Africa, is understood as being concerned with drafting, strategically implementing and investing in industrially minded action plans. Through the prism of Local Economic Development policy and legislation in the Sedibeng region, this paper contends that industrialisation is still a farfetched endeavour despite industrially minded policies like the New Growth Path and the Industrial Policy Action Plans in South Africa. Moreover, South Africa’s industrialisation agenda is compromised by the Law and Development philosophy of the African National Congress led government. At the core of this philosophy is an overestimation of social justice activity like Human Rights promotion at the expense of Asian Developmental States’ non-human rights approach to economic development activity, like industrialisation in rural and township regions of South Africa.
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Tesfai, Aron, Michaela Hynie e Anna Meyer-Weitz. "Human Rights Violations and Mistrust among Refugees in South Africa: Implications for Public Health during the COVID Pandemic". Social Sciences 12, n. 4 (8 aprile 2023): 224. http://dx.doi.org/10.3390/socsci12040224.
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Despite the open policy of integration, refugees in South Africa have been experiencing increasing exclusion and discrimination in socio-economic development and from social services. State-sanctioned discrimination contributes to mistrust among marginalized groups toward the government and its institutions. However, public trust towards healthcare authorities and government institutions is critical during pandemic outbreaks to ensure the population’s willingness to follow public health initiatives and protocols to contain the spread of a pandemic. Eleven key informants, including refugee community leaders and refugee-serving NGOs, were virtually interviewed about refugees’ access to healthcare in South Africa during the COVID-19 pandemic and the consequences of inconsistent access and discrimination on their trust of public healthcare initiatives. Interviews were analyzed using critical thematic analysis. The results suggest that refugees’ access to public healthcare services were perceived as exclusionary and discriminatory. Furthermore, the growing mistrust in institutions and authorities, particularly the healthcare system, and misperceptions of COVID-19 compromised refugees’ trust and adherence to public health initiatives. This ultimately exacerbates the vulnerability of the refugee community, as well as the wellbeing of the overall population.
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Bahri, Mohammad Thoriq. "Understanding the Pattern of International Migration: Challenges in Human Rights Protection". Jurnal Hukum 38, n. 2 (17 luglio 2022): 81. http://dx.doi.org/10.26532/jh.v38i2.21337.
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International Migration can be described as the movement of people from one country to another county. The International Migration is one of the dynamic historical events, which was first legally regulated through the Tanzimat in the Ottoman Empire, signed on the 09 March 1857, which give the people who under the religious prosecuted legal permit to enter Turkey territory. Since then, the mass movement of the people between people becoming very common, especially after World War I, and World War II, when millions of people are moving from one region to another because of the displacement and violence. By utilizing Mixed Migration Center Dataset in 2019, which interviewed 9754 respondents, and the Mexican Government data on Migration in the year 2016, the main pattern of migration and motives are tracked and analyzed. It can be concluded, if the pattern of the migration is from East Africa to North Africa, East Africa to North Africa, East Africa to Southern Africa, East Africa to Europe, the Middle East to Europe, the Middle East to southeast Asia (Indonesia, Malaysia, and Thailand), Bangladesh/Myanmar to Malaysia, and from South America to North America. The motives are economics, Violence and General Security, and Lack of Rights. Still, International Migrants protection becoming a big challenge for many destination countries. From the analysis, can be concluded if the challenges in International Migrants Protection are because of the difference in terms, not all of the destination countries ratified the 1951 Convention about refugees and 1967 protocol as the legal basis and cultural and political context which make society in the destination countries refusing the International MigrantsInternational Migration can be described as the movement of people from one country to another county. The International Migration is one of the dynamic historical events, which was first legally regulated through the Tanzimat in the Ottoman Empire, signed on the 09 March 1857, which give the people who under the religious prosecuted legal permit to enter Turkey territory. Since then, the mass movement of the people between people becoming very common, especially after World War I, and World War II, when millions of people are moving from one region to another because of the displacement and violence. By utilizing Mixed Migration Center Dataset in 2019, which interviewed 9754 respondents, and the Mexican Government data on Migration in the year 2016, the main pattern of migration and motives are tracked and analyzed. It can be concluded, if the pattern of the migration is from East Africa to North Africa, East Africa to North Africa, East Africa to Southern Africa, East Africa to Europe, the Middle East to Europe, the Middle East to southeast Asia (Indonesia, Malaysia, and Thailand), Bangladesh/Myanmar to Malaysia, and from South America to North America. The motives are economics, Violence and General Security, and Lack of Rights. Still, International Migrants protection becoming a big challenge for many destination countries. From the analysis, can be concluded if the challenges in International Migrants Protection are because of the difference in terms, not all of the destination countries ratified the 1951 Convention about refugees and 1967 protocol as the legal basis and cultural and political context which make society in the destination countries refusing the International Migrants
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Viljoen, Germarié, e Bronwen Qumbu. "Informing the regulatory framework on water and sanitation in Southern Africa: The emerging governance framework accompanying SDG 6". South African Journal of Environmental Law and Policy 26 (2020): 39–61. http://dx.doi.org/10.47348/sajelp/v26/a2.
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At least 40% of the people in the Southern African Development Community (SADC) region do not have access to safe water and sanitation, rendering them vulnerable to prolonged conflicts and catastrophes, including exposure to water-borne diseases, other pandemics, poverty and human suffering. Although several international and African regional treaties support the human rights to water and sanitation, the ability of the SADC regulatory framework to give effect to these rights is concerning. In fact, available literature on the SADC’s ability to meaningfully realise these rights is fragmented and scant. This article examines theoretically a novel governance approach to the implementation of Sustainable Goal 6 of the United Nations 2030 Agenda. The article argues that the coercion through regional ‘goal setting’ may provide a conclusive, regional response to the continuing development of water and sanitation rights in the SADC region.
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Magliveras, Konstantinos D., e Gino J. Naldi. "When Politics Prevail Over the Rule of Law: The Demise of the sadc Tribunal". International Human Rights Law Review 10, n. 1 (31 maggio 2021): 124–54. http://dx.doi.org/10.1163/22131035-01001001.
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Abstract The article questions whether the Tribunal of the Southern Africa Development Community (sadc) ought to have entertained human rights cases given that the sadc Treaty does not endow it with such jurisdiction. It then analyses its demise in 2010, which was prompted by several rulings against Zimbabwe, whose policy of expropriating land without compensation was held to violate human rights. The pertinent aspects of these cases are reviewed, and the significance of Zimbabwe’s land reform programme is explained. The article elucidates why sadc leaders were prepared to suspend the Tribunal’s operation. This was a combination of alarm that it could evolve into a quasi-regional human rights court but also solidarity with the then President Mugabe, a hero of Africa’s liberation struggle. Finally, the pronouncements of the Constitutional Court of South Africa and the High Court of Tanzania on the lawfulness of the sadc Tribunal’s suspension are considered.
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Muntingh, Lukas M. "Africa, Prisons and COVID-19". Journal of Human Rights Practice 12, n. 2 (luglio 2020): 284–92. http://dx.doi.org/10.1093/jhuman/huaa031.
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Abstract Africa’s prisons are a long-standing concern for rights defenders given the prevalence of rights abuses, overcrowding, poor conditions of detention and the extent to which the criminal justice system is used to target the poor. The paper surveys 24 southern and east African countries within the context of COVID-19. Between 5 March and 15 April 2020 COVID-19 had spread to 23 southern and east African countries, except Lesotho. The overwhelming majority of these countries imposed general restrictions on their populations from March 2020 and nearly all restricted visits to prisons to prevent the spread of the coronavirus. The pandemic and government responses demonstrated the importance of reliable and up to date data on the prison population, and any confined population, as it became evident that such information is sorely lacking. The World Health Organization recommended the release of prisoners to ease congestion, a step supported by the UN Subcommittee on Prevention of Torture. However, the lack of data and the particular African context pose some questions about the desirability of such a move. The curtailment of prison visits by external persons also did away with independent oversight even in states parties to the Optional Protocol to the Convention against Torture (OPCAT). In the case of South Africa, prison monitors were not listed in the ensuing legislation as part of essential services and thus were excluded from access to prisons. In the case of Mozambique, it was funding being placed on hold by the donor community that prevented the Human Rights Commission from visiting prisons. The COVID-19 pandemic has highlighted long-standing systemic problems in Africa’s prisons. Yet African states have remained remarkably reluctant to engage in prison reform, despite the fact that poorly managed prisons pose a significant threat to general public health care.
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Vollmer, SC, e DT Vollmer. "Global perspectives of Africa: Harnessing the universal periodic review to process sexual and gender-based violence in SADC member states". Stellenbosch Law Review 33, n. 1 (2022): 8–41. http://dx.doi.org/10.47348/slr/2022/i1a1.
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This article examines the responsiveness of the African human rights system to sexual and gender-based violence (“SGBV”) from a collaborative framework combining both legal and computational methodologies. This alternative lens is proposed to address the need for urgent attention to the increasing SGBV and other human rights violations of persons based on their real or perceived sexual orientation, gender identity and expressions, and/ or sex characteristics (“SOGIESC”), as current research has not yet fully understood the reasons for the enduring gap between the norms and their implementation. Primarily, the focus of this research provides an intersection of the (un)responsiveness of the African human rights system to SGBV and the (in)adequacy of state responses to SGBV, including laws and practices that exacerbate SGBV, with a focus on the Southern African Development Community (“SADC”). The Universal Periodic Review (“UPR”), under the auspices of the United Nations Human Rights Council, was used to determine to what extent African states recognise and articulate positions on SGBV – results of which were used to assess further support through human rights mechanisms under the African human rights system. This article considers the international human rights record of African states on the issues of SGBV SOGIESC-based discrimination and violence. Through a systematic evaluation of the UPR record, the work presented here provides a framework for developing recommendations and/or observations for an integrated approach to advancing SOGIESC rights under the African human rights system. An artefact of the work is the development of a preliminary computational software program that was demonstrated to have captured trends in the aforementioned information with increased efficiency, potentially lowering costs and increasing accessibility.
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Nkhata, Mwiza Jo. "The Short Happy Life of the SADC Tribunal: the Perils of Regional Integration in Southern Africa". African Journal of Legal Studies 11, n. 1 (11 giugno 2018): 1–32. http://dx.doi.org/10.1163/17087384-12340026.
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AbstractUnder the Treaty Establishing the Southern African Development Community (the Treaty) one of the institutions of the Southern African Development Community (SADC) was the Southern African Development Community Tribunal (the Tribunal). The Tribunal was established as the sole judicial organ of SADC. The Tribunal was established as part of the reorganisation of regional integration efforts within Southern Africa. The global atmosphere prevailing at the time the Tribunal was established, together with the lofty statements in the SADC’s founding instruments, suggest that there was a regional commitment to the ideals of human rights, rule of law and democracy among SADC member States. The Tribunal’s life, however, was short-lived. This paper analyses the prospects and lessons for regional integration within the SADC region from the perspective of the disbanding of the Tribunal and attempts to decipher the implications of the disbanding for regional integration in Southern Africa.
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LEGASSICK, MARTIN. "Studded with Diamonds and Paved with Gold: Miners, mining companies and human rights in Southern Africa". African Affairs 92, n. 368 (luglio 1993): 479–81. http://dx.doi.org/10.1093/oxfordjournals.afraf.a098657.
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Forbes-Genade, Kylah, e Dewald van Niekerk. "The GIRRL program: A human rights based approach to disaster risk reduction intervention in Southern Africa". International Journal of Disaster Risk Reduction 24 (settembre 2017): 507–14. http://dx.doi.org/10.1016/j.ijdrr.2017.04.001.
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Nicholas, Patrice K., Ntombizanele Mfono, Inge B. Corless, Sheila M. Davis, Eva O’Brien, Jonathan Padua, Stephanie Ahmed et al. "HIV vulnerability in migrant populations in southern Africa: Sociological, cultural, health-related, and human-rights perspectives". International Journal of Africa Nursing Sciences 5 (2016): 1–8. http://dx.doi.org/10.1016/j.ijans.2016.09.003.
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Brett, Peter. "Who are judicial decisions meant for? The ‘global community of law’ in Southern Africa". International Political Science Review 39, n. 5 (novembre 2018): 585–99. http://dx.doi.org/10.1177/0192512118773449.
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Rationalist models of judicial decision-making expect courts to defend their institutional integrity in politically sensitive cases. This article presents two African case studies of courts not doing so. They have elicited predictable backlash from executives and placed their institutions in avoidable danger. I argue that judges’ desire for esteem from emerging global judicial networks can explain this otherwise puzzling behaviour. These new networks become particularly salient in human rights cases. This conclusion partially supports Anne-Marie Slaughter’s controversial claims about the significance of ‘the global community of law’ but also identifies risks this poses for courts’ domestic authority. The argument is made with reference to two recent and well-known decisions by the High Court of Botswana and the Southern African Development Community Tribunal. The first case, Sesana (2006), dealt with the vexed question of indigenous rights in Africa. The second case, Campbell (2008), concerned the compensation of expropriated commercial farmers from Zimbabwe.
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Soyapi, Caiphas Brewsters. "Water Security and the Right to Water in Southern Africa: An Overview". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (3 gennaio 2017): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1650.
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The southern African region’s water-related problems are quite diverse. From the struggles of indigenous communities in Botswana to the cholera outbreaks in Zimbabwe; from the difficulties of poor communities in accessing basic water services to the disputes between municipal councils and individual well-to-do water users, it is abundantly evident that water security is a goal/vision that needs to be pursued by governments. Yet, much of the holistic scholarly focus on water security within the region has been on transboundary water management, to the exclusion of local/national water constitutional frameworks. Through four cases from Botswana, South Africa, Zambia and Zimbabwe the paper addresses selected aspects of the varied water issues, in particular the constitutional right to water and how that impacts on water security within the region. The literature and case law reviewed in the paper indicate that while there are benefits to constitutionalising the right to water as a fundamental right, courts are still able to read the right to water into existing rights, especially the right to life. However, reading in has its own limitations, including that courts sometimes leave hanging/unpronounced government duties/responsibilities where the right to water is not provided for. Accordingly, the paper attempts to show that while the right to water could be read into other existing rights like the right to life, water security could be better achieved through an independent constitutional human right to water, which creates constitutional duties on the state.
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Hofisi, Miriam, e M. T. Lukamba. "The Political Economy of Rights to the COVID-19 Vaccine in Southern Africa". African Journal of Development Studies (formerly AFFRIKA Journal of Politics, Economics and Society) SI, n. 2 (15 gennaio 2022): 121–36. http://dx.doi.org/10.31920/2634-3649/2022/siv2a7.
Testo completoAbstract (sommario):
Access to vaccine and medical technologies is a right derived from the right to health as enshrined in the International Covenant on Economic, Social, and Cultural Rights and other international and national conventions. However, there is a void between the commitment in principle to enhancing this access as part of the right to benefit from scientific progress on the one hand, and technical considerations surrounding universal access to health goods on the other hand. In Southern Africa, studies on the COVID-19 vaccine focused on how the international community has failed to commit itself to helping developing countries in providing aid towards vaccine procurement. Little effort has been directed at exploring alternatives to the manufacturing of generic vaccine. The study aimed to explore the possibilities of increasing the availability of generic vaccines in Southern Africa. An exploration of the potential of state institutions together with Africa-based pharmaceutical companies to ascertain the possibility of carrying out the task of manufacturing the vaccine was done. This was done through document analysis from literature that has been published on vaccine production of even other diseases as well as that of COVID-19. Literature comprised of official documents, academic publications as well as company documents. In addition to that, an analysis of documents on the enabling legal framework was also conducted. Through document analysis, national medicine policies that were reviewed indicated that although health is a constitutional right, the drafting of it did not factor the element that lack of access to vaccines seriously compromise the right to health. There was inadequate availability of human expertise, while commitment at national level was insignificant. On the enabling legal framework, it was noted that the World Trade Organisation, Trade Related Aspects of Intellectual Property also created inequality of access by prioritising intellectual rights more than access to health. Given the lack of expertise, insignificant national commitment, and promotion of the rights to health in some Southern African states, a higher mortality risk is imminent. Hence the need for a comprehensive establishment of equitable access to COVID-19 vaccine in Southern Africa countries.
28
Mgoqi, Wallace. "The Work of the Legal Resources Centre in South Africa in the Area of Human Rights Promotion and Protection". Journal of African Law 36, n. 1 (1992): 1–10. http://dx.doi.org/10.1017/s0021855300009682.
Testo completoAbstract (sommario):
The Legal Resources Centre (LRC) is a non-profit-making law centre. Its aims are to encourage belief in the value of law as an instrument of justice and to give practical effect to this goal by providing legal and educational services in the public interest. It is controlled and funded by the Legal Resources Trust (LRT) which is a South African charitable and educational trust registered under the Fundraising Act. It is supported by development agencies, corporations, charitable foundations and concerned individuals. The trustees include judges, senior advocates and attorneys. For the fiscal year April 1990 to March 1991 the trustees of the LRT approved a budget of R8.5 million for the work of the LRC's offices.The LRC was established after nation-wide consultations on the desirability of a legal resources centre produced positive feedback from a wide range of constituencies, and it became operational at the beginning of 1979. It seeks to fulfil the following purposes:(a) To provide legal representation for litigants in any court of law, tribunal or body before whom a party may be represented by counsel or attorney.(b) To conduct a programme in legal education and conduct seminars of educational value.(c) To engage in research in legal areas including all matters relevant to the effective administration of justice.(d) To publish the results of any research undertaken by it, and any material relevant to its objects.
29
OBREGON, RAFAEL. "Communication from a Human Rights Perspective: Responding to the HIV/AIDS Pandemic in Eastern and Southern Africa". Journal of Health Communication 8, n. 6 (novembre 2003): 613–14. http://dx.doi.org/10.1080/713852170.
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Zahn, Ryan, Ashley Grosso, Andrew Scheibe, Linda-Gail Bekker, Sosthenes Ketende, Friedel Dausab, Scholastica Iipinge, Chris Beyrer, Gift Trapance e Stefan Baral. "Human Rights Violations among Men Who Have Sex with Men in Southern Africa: Comparisons between Legal Contexts". PLOS ONE 11, n. 1 (14 gennaio 2016): e0147156. http://dx.doi.org/10.1371/journal.pone.0147156.
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31
Ghosh, Shubha. "Universities as Engines of Development". Law and Development Review 14, n. 2 (1 giugno 2021): 723–51. http://dx.doi.org/10.1515/ldr-2021-0042.
Testo completoAbstract (sommario):
Abstract The Bayh–Dole Act was enacted in the United States in 1980 to promote economic development and growth at regional and national levels. A key engine is research generated within universities. This article addresses the question of how universities can serve as engines of development. Drawing on Cooter and Shaeffer’s work on law and development, specifically what they call the double trust problem, this article shows how the Bayh–Dole Act was justified as resolving the double trust problem arising from lack of property rights in university research. This article presents the argument that this goal of the Bayh–Dole Act ignores how universities solve another dimension of the double trust problem, namely the generation of human capital. The author examines the theoretical justifications for the Bayh–Dole Act and universities and the empirical policy literature assessing university patenting and commercialization in the United States, South Africa, and India.
32
Yesufu, Shaka. "The continuity of police brutality in post-apartheid South Africa". ScienceRise, n. 2 (30 aprile 2022): 21–29. http://dx.doi.org/10.21303/2313-8416.2022.002408.
Testo completoAbstract (sommario):
The objects of this research are: First, to highlight that police brutality is still ongoing in South Africa despite the end of the apartheid regime in South Africa in 1994. Second, to explore the concept of police brutality and its definitional related concepts like excessive force, reasonable force, lethal force, and de-escalation. Third, to explore possible avenues of rebuilding citizens’ loss of trust and confidence in the police.
The researcher investigated the following problems: Police excessive use of force on citizens resulting in injuries or loss of lives, understanding of reasonable force, when can police officers make use of force, a lack of proper police accountability, and citizens’ lack of trust and confidence of the police.
The main results of the research are: first, police brutality is still ongoing in South Africa due to reported incidents of brutality in some instances resulting in loss of lives at the hands of the police. Second, a conceptualization of police/citizen partnership is needed in South Africa, benefits derived from community police need to be explored more for the understanding of all stakeholders. Third, the culture of promoting violence within and outside the police service needs to be addressed. Fourth, Police brutality is an abuse of power, it portrays police officers in a bad light seen by many as oppressive apparatus of the state designed to perpetuate immediate unlawful violence against citizens. The police service has a lot to do when it comes to winning the hearts and minds of citizens. Contemporary policing must respect the rights and dignity of citizens and enforce the law without fear or favour within the laid down the constitutional mandate.
The area of practical use of the research are all citizens affected by crime, police and safer communities, human rights organisations, university students and staff members of the criminal justice department
33
Vladykina, Anna. "The principle of subsidiarity in jurisdiction of courts of subregional economic organizations in Africa on human rights". Международное право, n. 1 (gennaio 2020): 10–28. http://dx.doi.org/10.25136/2644-5514.2020.1.31123.
Testo completoAbstract (sommario):
This article examines whether the framework of judicial discretion or commensurable doctrines of judicial respects found access to jurisdiction in the area of human rights of the three subregional courts created in the context of regional economic communities: Court of the Economic Community of West African States; East African Community Court; and Tribunal of Southern African Development Community. The author also examines the relevance of the rights of depletion of internal means of legal protection as a separate manifestation of subsidiarity in their judicial practice. The author briefly describes the key institutional parameters for each court, the role of procedural subsidiarity in form of depletion of the norm on internal means of legal protection, as well we presence or absence of substantial subsidiarity through formulation of the limits of judicial discretion. The presence of subsidiarity in form of the limits of judicial discretion is an important condition for further work of the courts of subregional economic communities in Africa on protection of human rights, since the presence of “judicial respect” with regards to the decisions of national court and political-legal decisions of the participating countries is a key to recognition and likelihood of execution of rulings of the courts of subregional economic communities on the territory of participating countries of the corresponding communities.
34
Denters, Erik, e Tarcisio Gazzini. "The Role of African Regional Organizations in the Promotion and Protection of Foreign Investment". Journal of World Investment & Trade 18, n. 3 (26 dicembre 2017): 449–92. http://dx.doi.org/10.1163/22119000-12340048.
Testo completoAbstract (sommario):
A complex, fragmented and heterogeneous network of domestic and international legal instruments promotes and protects foreign investment in Africa. While bilateral treaties seem to be increasingly unpopular, regionalism is clearly on the rise in the continent. The article examines how regional treaties have contributed to upgrade the current regulation of foreign investment. From this perspective, Africa can be seen as a normative laboratory. Regional treaties, most prominently those concluded within the Economic Community of West African States (ECOWAS) and the Southern African Development Community (SADC), contain several important novelties meant to rebalance the rights and obligations of the various stakeholders as well as to safeguard host State policy space. The content of these treaties has been brought more in line with the evolution of international law, especially with regard to the protection of the environment, social and human rights, transparency, corruption, public scrutiny, economic development, and corporate responsibility.
35
Tladi, Dire. "National Commissioner of the South African Police Service v. Southern African Human Rights Litigation Centre (Sup. Ct. App. S. Afr.)". International Legal Materials 54, n. 1 (febbraio 2015): 152–74. http://dx.doi.org/10.5305/intelegamate.54.1.0152.
Testo completoAbstract (sommario):
On November 27, 2013, the Supreme Court of Appeal (SCA) handed down a judgment on an appeal from the South African Police Service and Prosecution Authority in National Commissioner of the South African Police Service v. Southern African Human Rights Litigation Centre (the Decision). The Court decided that the South African Police Service is empowered to initiate investigations into alleged crimes against humanity committed in the territory of another state, irrespective of whether the alleged perpetrators are present in South Africa, and ordered the authorities to initiate such investigations.
36
Ruiters, Greg, e Denys Uwimpuhwe. "Capital’s Preference for Foreign African Labour in South Africa: Reflections on Liberal Anti-xenophobia Research". Cosmopolitan Civil Societies: An Interdisciplinary Journal 15, n. 3 (28 marzo 2024): 91–109. http://dx.doi.org/10.5130/ccs.v15.i3.8778.
Testo completoAbstract (sommario):
In South Africa, in many economic sectors, foreign blacks are more likely to get a job than a similarly skilled black South African. This paper is about why employers prefer foreign African labour in South Africa, how this contributes to seeing South African black workers as inferior and how job hoarding networks in employment niches have emerged. We examine this in the context of literature on ‘xenophobia’. Both discursive and material practices of racist-ethnicist employers are significant. In a new hierarchy of fictive labour imaginaries which reflects a new labour ‘frontier’ in a diversified post-apartheid southern African pool. The new frontier reflects neoliberal flexible labour systems which also operate within a human rights free-market framework.
37
Musakwa, Walter, Trynos Gumbo, Gaynor Paradza, Ephraim Mpofu, Nesisa Analisa Nyathi e Ntlakala B. Selamolela. "Partnerships and Stakeholder Participation in the Management of National Parks: Experiences of the Gonarezhou National Park in Zimbabwe". Land 9, n. 11 (22 ottobre 2020): 399. http://dx.doi.org/10.3390/land9110399.
Testo completoAbstract (sommario):
National parks play an important role in maintaining natural ecosystems which are important sources of income and livelihood sustenance. Most national parks in Southern Africa are managed by their states. Before 2007, Gonarezhou National Park was managed by the Zimbabwe Parks Management and Wildlife Authority, which faced challenges in maintaining its biodiversity, community relations and infrastructure. However, in 2017 the Frankfurt Zoological Society and the Zimbabwe Parks Management and Wildlife Authority formed an innovative partnership under the Gonarezhou Conservation Trust (GCT). This study examines the relationship between GCT management, Gonarezhou National Park stakeholders and communities as well as the impact of the relationship on biodiversity and ecosystems. The study also highlights challenges faced and lessons learned in managing Gonarezhou as a protected area. To obtain the information, key informant interviews, Landsat satellite imagery, secondary data from previous studies and government sources were utilized. The results indicate that the concerted efforts of the Gonarezhou Conservation Trust to manage the park are starting to bear fruit in improving biodiversity conservation, ecosystem management and engaging communities. However, challenges such as governance obstacles, problematic stakeholder management, maintaining trust in community relations, ensuring sustainability, managing the adverse impacts of climate change and human-wildlife conflicts must still be navigated to ensure the park’s sustainable management. Notwithstanding challenges, we argue that a partnership arrangement such as the Gonarezhou Conservation Trust is a desirable model that can be applied in national parks in Zimbabwe and Africa for better biodiversity management and tourism.
38
Modise, L. "Inequalities within Uniting Reformed Church in Southern Africa on gender, with special reference to lGBTQIA+: Imago Dei". Acta Theologica 43, n. 2 (13 dicembre 2023): 148–66. http://dx.doi.org/10.38140/at.v43i2.7438.
Testo completoAbstract (sommario):
This article consists of five parts on equality within faith communities. First, the focus is on the creation of human beings as the image of God on an equal basis. The premise is that LGBTQIA+ people are created as human beings in the image of God, deserving to be welcomed in faith communities. Second, the article focuses on the way in which missionaries have taught African converts to interpret the Bible on many serious human rights issues. Third, the position of the Uniting Reformed Church in Southern Africa (URCSA) is discussed, utilising the contents of the General Synods, spanning from Pietermaritzburg (2005) to Stellenbosch (2022). Fourth, this study reflects on the challenges faced by denominations who accept LGBTQIA+ people regarding marriage and their ordination. The challenge seems to be about the fundamental reading of the Bible, confession, and Church Order articles, which are discussed here. Fifth, recommendations are proposed to address this inequality. This article is approached from an anthropological-missional viewpoint when addressing this inequality within communities of faith.
39
Nkwae, Boipuso. "“San Bushmen Are Not Forever”: Human Rights Perspective of Land Access Issues of Hunter-Gatherer Societies in Southern Africa". Human Rights in Development Online 9, n. 1 (2003): 171–204. http://dx.doi.org/10.1163/22116087-90000007.
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40
Hoad, Neville. "Between the White Man's Burden and the White Man's Disease: Tracking Lesbian and gay Human Rights in Southern Africa". GLQ: A Journal of Lesbian and Gay Studies 5, n. 4 (1999): 559–84. http://dx.doi.org/10.1215/10642684-5-4-559.
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41
Tamo, Atabongawung. "Conflict diamonds are forever in southern Africa: the case for a human rights-based approach to the Kimberley process". South African Journal on Human Rights 32, n. 2 (3 maggio 2016): 272–92. http://dx.doi.org/10.1080/02587203.2016.1210886.
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Blay, S. Kwaw Nyameke. "Changing African Perspectives on the Right of Self-Determination in the Wake of the Banjul Charter on Human and Peoples′ Rights". Journal of African Law 29, n. 2 (1985): 147–59. http://dx.doi.org/10.1017/s0021855300006653.
Testo completoAbstract (sommario):
In the history of modern Africa the issue of self-determination has always been of special significance. For a better part of a century and in some cases more, almost the entire continent was subject to colonisation by various European powers. The end of the Second World War and the subsequent adoption of the United Nations Charter, incorporating the principle of self-determination, heralded a new phase for the African colonies in international relations. Defined in its simplest terms, self-determination is the principle by virtue of which a people freely determine their political status and freely pursue their economic, social and cultural development. Selfdetermination is in essence the right of self-government. A territory exercises the right by either opting to establish itself as an independent state, associating with an existing state or by accepting to be integrated into an existing state. Self-determination so defined was thus used as the basis for decolonisation in Africa and provided the foundations for equal statehood for the former colonies of Africa in international relations.After decolonisation, the issue of self-determination still persists in Africa attracting sentiments and implications well exemplified by the conflicts Over Biafra and Katanga in the 1960s and currently in Eritrea, the Tigray province of Ethiopia and the Southern Sudan. The very successful propagation of self-determination as the right of every people to self-government by African nationalists during the colonial days seems to have left behind a legacy of a question for post-independence Africa—is the ideal of self-determination
43
Stevens, Amy, Pete Fussey, Daragh Murray, Kuda Hove e Otto Sake. "‘I started seeing shadows everywhere’: The diverse chilling effects of surveillance in Zimbabwe". Big Data & Society 10, n. 1 (gennaio 2023): 205395172311586. http://dx.doi.org/10.1177/20539517231158631.
Testo completoAbstract (sommario):
Recent years have witnessed growing ubiquity and potency of state surveillance measures with heightened implications for human rights and social justice. While impacts of surveillance are routinely framed through ‘privacy’ narratives, emphasising ‘chilling effects’ surfaces a more complex range of harms and rights implications for those who are, or believe they are, subjected to surveillance. Although first emphasised during the McCarthy era, surveillance ‘chilling effects’ remain under-researched, particularly in Africa. Drawing on rare interview data from participants subjected to state-sponsored surveillance in Zimbabwe, the paper reveals complex assemblages of state and non-state actors involved in diverse and expansive hybrid online–offline monitoring. While scholarship has recently emphasised the importance of large-scale digital mass surveillance, the Zimbabwean context reveals complex assemblages of ‘big data’, social media and other digital monitoring combining with more traditional human surveillance practices. Such inseparable online–offline imbrications compound the scale, scope and impact of surveillance and invite analyses as an integrated ensemble. The paper evidences how these surveillance activities exert chilling effects that vary in form, scope and intensity, and implicate rights essential to the development of personal identity and effective functioning of participatory democracy. Moreover, the data reveals impacts beyond the individual to the vicarious and collective. These include gendered dimensions, eroded interpersonal trust and the depleted ability of human rights defenders to organise and particulate in democratic processes. Overall, surveillance chilling effects exert a wide spectrum of outcomes which consequently interfere with enjoyment of multiple rights and hold both short- and long-term implications for democratic participation.
44
Mecenero, Silvia, David A. Edge, Hermann S. Staude, Bennie H. Coetzer, André J. Coetzer, Domitilla C. Raimondo, Mark C. Williams et al. "Outcomes of the Southern African Lepidoptera Conservation Assessment (SALCA)". Metamorphosis 31, n. 4 (25 marzo 2022): 1–32. http://dx.doi.org/10.4314/met.v31i4.1.
Testo completoAbstract (sommario):
The Southern African Lepidoptera Conservation Assessment (SALCA) was a collaborative venture between the Lepidopterists’ Society of Africa (LepSoc Africa), the Brenton Blue Trust (BBT) and the South African National Biodiversity Institute (SANBI), and formed part of the National Biodiversity Assessment (NBA). SALCA was founded on the importance of Lepidoptera both ecologically and as biodiversity indicators and the proven expertise of the participants during the Southern African Butterfly Conservation Assessment (SABCA). The main outcomes of the SALCA project are presented and discussed here.The SALCA tool, a custom-designed interactive distribution database, enabled high quality data to be derived so that accurate conservation assessments could be produced in accordance with IUCN methodology. The Red Lists of SALCA and SABCA facilitated the first opportunity to calculate the Red List Index (RLI) for South African butterflies during the period from 2012–2018. Other metrics required for the NBA included protection level and threats analyses. A further outcome was the critical habitat mapping for butterflies, which formed part of a screening tool implemented by SANBI, to ensure that land use changes did not cause any further loss of butterfly biodiversity.A comprehensive distribution database was developed for South African moths, enabling data to be analysed so that moth species potentially threatened could be short-listed for further investigation.Geographical hotspots and ecosystems (vegetation types) containing butterflies of conservation concern are highlighted. The societal, economic and human wellbeing benefits of conserving Lepidoptera are identified. Responses by LepSoc Africa to the increasing pressures on South African Lepidoptera biodiversity, are also reported on and discussed. The significant outcomes of SABCA and SALCA are benchmarked against a well-known European butterfly atlasing and conservation assessment project.The 165 SALCA Red Lists and conservation assessments are presented at the end of this publication.
45
London, Leslie, Marion Heap e Laurel Baldwin-Ragaven. "Health and Human Rights: New challenges for social responsiveness". Gateways: International Journal of Community Research and Engagement 2 (3 novembre 2009): 61–81. http://dx.doi.org/10.5130/ijcre.v2i0.1165.
Testo completoAbstract (sommario):
South Africa’s struggle against apartheid discrimination, including struggles in the health sector, laid the basis for a vibrant engagement of staff and students in human rights research, teaching and outreach in the Health Sciences Faculty at the University of Cape Town (UCT). This article provides a brief overview of this background context, then shows how this engagement has continued with new challenges emerging in the post-apartheid democratic period. Teaching at undergraduate and postgraduate levels has been complemented by a programme of ‘Training the Trainers’ in health and human rights. The programme targets teachers of health professionals at institutions in South and Southern Africa, resulting in national adoption of human rights competencies as an essential component of health professionals’ skills base. Research has also extended lessons learnt from the apartheid period into work with vulnerable groups, such as rural farm workers and the deaf, and seeks to build the capacity of marginal populations to change the conditions of their vulnerability in order to realize their rights. Partnerships with civil society organisations have been a strong thread, creating new knowledge and new ways of joint work towards realizing the right to health, including advocacy engagement in civil society movements and regional networks. Further, a focus on health professionals’ practice, in terms of dealing with potential dual loyalty conflicts and their role as gatekeepers in the health services on matters of patients’ rights, has shaped the research agenda. This article illustrates how knowledge production for the public good extends beyond notions of enhancing economic productivity for national development and provides a base for transdisciplinary and transinstitutional engagement. Additionally, non-traditional forms of knowledge networking and transfer have also been explored, including engagement with policy-makers and health managers. Finally, it is shown how the portfolio of social responsiveness activities in the health and human rights envelope has offered significant and novel mutual benefits to the University and the community.
46
Nkhata, Mwiza Jo. "The Role of Regional Economic Communities in Protecting and Promoting Human Rights in Africa: Reflections on the Human Rights Mandate of the Tribunal of the Southern African Development Community". African Journal of International and Comparative Law 20, n. 1 (febbraio 2012): 87–109. http://dx.doi.org/10.3366/ajicl.2012.0022.
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Emeziem, Cosmas. "From Judicial Transplants to Judicial Translations: Constitutional Courts in Southern Africa – A Comparative Review". International and Comparative Law Review 19, n. 1 (1 giugno 2019): 74–124. http://dx.doi.org/10.2478/iclr-2019-0003.
Testo completoAbstract (sommario):
Summary The contemporary legal landscape in Southern Africa and its responsiveness to the challenges in the region can be explained in many ways. Part of the explanation has been the idea of legal transplants—which entails borrowing and adapting legal norms, and structures from different legal systems in order to resolve legal problems in the region. The end of apartheid and other rapid changes in the region—political, racial, economic and social—has directly placed the courts on the frontlines of human rights protection especially on socio-economic rights and other overarching concerns of law reform. The adoption of constitutional courts in some of the countries, and consequent judicial activist turn in the jurisprudence of courts in the region generally; has inserted the courts into the mainstream of policy deliberations. Thus, this paper claims that legal transplant per se does not explain the full reality of what is going on in the region—in terms of nomativization, transmission, adoption, and adaptation of legal ideas within the respective systems in the region. It further claims that a mesh of different understandings and approaches to legal comparison and development is more suitable as a method of studying pluralist complex systems as we see in the region. Hence, the notion of judicial translation—the judiciary forming the membrane, purveyor and capillary of legal transmission—as an essential lens through which we can better view and understand the legal evolution in the region. Taking the institution of courts – particularly constitutional courts—and examining their jurisprudence as epitomized in some of their decisions of finality—the work seeks to begin a meaningful deliberation about the role of courts in law, social change, and policy in the region. It is divided into three major parts for ease of discourse. It is hoped that this would be a fitting exordium into the more significant meaning of legal transplant through judicial intervention in otherwise predominantly policy questions in the Southern African region.
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Nicolaides, Angelo. "Duty, Human Rights and Wrongs and the Notion of Ubuntu as Humanist Philosophy and Metaphysical Connection". Athens Journal of Law 8, n. 2 (31 marzo 2022): 123–34. http://dx.doi.org/10.30958/ajl.8-2-2.
Testo completoAbstract (sommario):
This article reviews and discusses the issue of one’s duty, rights and wrongs within the Humanist African Philosophy of Ubuntu. ‘Ubuntu’ is an Nguni Bantu term denoting "humanity". It asserts that "I am because we are" and expresses of having a sense of "humanity towards others" which in the Zulu language is stated as “umuntu ngumuntu ngabantu”. The roots of African Life, culture and value systems in Southern Africa in particular are found in the philosophy of Ubuntu but they have also been partially influenced by specifically the Judaeo-Christian tradition. Ubuntu considers human rights as moral principles or norms that designate certain standards of human behaviour that are required in dealing with other human beings. One’s rights and duties in society are grounded in a multifaceted philosophy because of the moral aspects which are a mixture of heritage and tradition. Ubuntu avows that society, and not any transcendent being, provides human beings with their basic humanity. An authentic individual human being is part of a complex and important relational, communal, societal, environmental and even mystical world. One’s actions are correct to that extent that they are a matter of living harmoniously with others and doing one’s duty while acting ethically and within the ambit of the law, and thus demonstrating reverence towards others in communal associations. It calls for apology, and forgiveness when doing something wrong and ultimately reconciliation with guilty or injured parties. Keywords: Ubuntu; Rights; Wrongs; Duties; Metaphysics; African humanism
49
Idris, Amir. "Rethinking Identity, Citizenship, and Violence in Sudan". International Journal of Middle East Studies 44, n. 2 (16 aprile 2012): 324–26. http://dx.doi.org/10.1017/s0020743812000086.
Testo completoAbstract (sommario):
Since its political independence in 1956, Sudan has witnessed the rise of armed ethnic and regional protest movements that have resulted in great human suffering and the largest number of refugees and displaced peoples in Africa. These protest movements have challenged the legitimacy of the independent Sudanese state, led by Arabized and Islamized elites at the pinnacle of power, to extend and define citizenship rights and responsibilities. In Darfur, Southern Kordofan, and Blue Nile, these movements are not only currently demanding equal citizenship rights, but they are also demanding recognition of special rights including claims to land, autonomous government, and the maintenance of ethno-national identities. They are thus opening up a debate about what citizenship entails, particularly in a multicultural context; how the current state reconciles competing claims of citizenship; and what kinds of viable institutional mechanisms are required for an effective relationship between the state, its citizens, and local power structures.
50
Kondo, Tinashe. "A Comparison with Analysis of the SADC FIP before and after Its Amendment". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (4 settembre 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1676.
Testo completoAbstract (sommario):
Discourses on rights, duties and obligations predominantly take place within the context of constitutional, administrative and human rights law. In the last decade these debates have also begun to take place in international investment law, an "autonomous branch" of international law. The main debate centres on the adequacy and sustainability of investor-centred regulatory regimes which provide more rights than obligations to investors. The 2006 Southern African Development Community Finance and Investment Protocol (SADC FIP) was a typical example of such a regime. It offered antiquated protections which were characteristic of first generation Bilateral Investment Treaties (BITs). The result was that some countries, such as South Africa, opted not to conform to this binding instrument, which did not match their progressive vision of foreign investment. It is against this backdrop that the SADC FIP was recently amended. The amendment, balances the rights and obligations of investors and state parties to some degree, and moves towards sustainable foreign investment. However, this paper argues that more still needs to be done to modernise the document in line with more recent trends.