Centre for Human Rights (CHR)

The Centre for Human Rights works towards greater education, awareness, and dissemination of publications on human rights across Africa. Based at the University of Pretoria, the Centre has positioned itself in an unmatched network of lawyers, national and international civil servants and human rights practitioners across the entire continent. http://www.chr.up.ac.za/

Library Articles

Rights away from Home: Climate Induced Displacement of Indigenous Peoples and the Extraterritorial Application of the Kampala Convention

In this article it is demonstrated how climate change is linked to the displacement of indigenous peoples and how their rights are threatened in Africa. The article examines the basis of the Kampala Convention, underscoring the extraterritorial nature of activities underlying their displacement, and the way it may be applied extraterritorially to enhance the protection of indigenous peoples...

The Climate Change Regulatory Framework and Indigenous Peoples’ Lands in Africa: Human Rights Implications

This book examined the regulatory frameworks which relates to climate change at international, regional and national levels, as they affect indigenous peoples’ lands in Africa. It demonstrates how, at national level especially, a climate change regulatory framework can offer inadequate protection to indigenous peoples’ land tenure and use, a development that can negatively affect the realization...

Evidence Obtained Through Violating the Right to Freedom from Torture and other Cruel, Inhuman or Degrading Treatment in South Africa

"Although South African courts have expressly held that any evidence obtained through torture is always inadmissible, the author is unaware of a decision from a South African court to the effect that evidence obtained through cruel, inhuman and degrading treatment is, like evidence obtained through torture, inadmissible in all circumstances. In this article, the author first deals with the...

Public Participation in Decentralised Governments in Africa: Making Ambitious Constitutional Guarantees More Responsive

Published: 2015
Following the example of South Africa, recently Kenya, Tunisia and Zimbabwe have adopted constitutions that contain bills of rights, embrace the ideals of decentralization and profess a commitment to participatory democracy. Different forms of local government, in these countries, are constitutionally protected and accorded some degree of self-governing powers. As part of the state's...

Striking a Balance between Community Norms and Human Rights: The Continuing Struggle of the East African Court of Justice

Published: 2015
The East African Court of Justice (EACJ) finds itself in a difficult position, which this article exposes to a certain extent. The Court is barred as such from deciding on matters being faced with, that contains human rights allegations. The EACJ is often called upon to draw a line between what might constitute a human rights case and a claim relating to an East African Community (EAC) norm...

A Rights-Based Approach to Environmental Protection: The Zimbabwean Experience

Published: 2015
"Stemming from the common law, international law and statute, Zimbabwean law has always recognised the prominent role that environmental rights should play in the environmental regulatory framework. In theory, this was based on recognition of the fact that the provision of such rights, and their full enjoyment by citizens, would allow Zimbabweans the opportunity to live in a clean and...

The Al Bashir Debacle

This article discusses the failure of states to comply with their obligation to execute the warrant issued by the International Criminal Court for the arrest of President Omar Hassan Ahmed Al Bashir of Sudan. There are serious charges against President Al Bashir, for which he will have to stand trial, including acts of genocide, based on action taken on instructions of President Al Bashir to...

Strengthening Constitutional Order and Upholding the Rule of Law in Central Africa: Reversing the Descent towards Symbolic Constitutionalism

Some of the challenges were examined in this article that have arisen as part of attempts during the past two decades to entrench a culture of constitutionalism and respect for law in Central Africa. It shows how, from a background of constitutions that did not promote any constitutionalism, the countries in this region generally adopted constitutions which contained most of the core elements of...

Anti-Terrorism Measures in South Africa: Suspicious Transaction Reporting and Human Rights

The consistent increase in terrorist acts continues to be a major drawback to the development of countries. Terrorism became a serious risk and poses a huge threat to society. There are two factors that exacerbate this threat: first is the challenge of finding a definition suited to the terrorism phenomenon; the second is linked to the difficulty of detecting this crime. As it is accepted that...

Child Marriage in Nigeria: (Il)legal and (Un)constitutional?

Published: 2014
The article examines two issues. The first is the statutory elaboration of the constitutional protection of children, and the second is the suggestion that religious marriages trump children’s rights in Nigeria’s constitutional jurisprudence. These issues are discussed together in the context of the belief that the absence of statutory protection of children is not fatal to their human rights...

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