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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 de…

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

"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 fa…

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

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 lo…

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

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 …

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…

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 challeng…

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

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 …

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 Presi…

Insurgency in Nigeria: Addressing the Causes as Part of the Solution

The problem areas articulated by the former Chief Justice Dahiru Musdapher concerning causative factors of insurgency and instability in Nigeria, is examined in this article and a solution is proposed utilising an institutional framework that incorp…

The Promotion of Regional Environmental Security and Africa’s Common Position on Climate Change

The consequences of climate change poses a serious threat to peace and security on the African continent. It may, for instance, result in competition for and conflict about scarce resources. Potential conflict may be reduced by the capacity to adap…

The Right to Health Care in the Specific Context of Access to HIV/ AIDS Medicines: What can South Africa and Uganda Learn from each other?

Many African countries, either exclude socio-economic rights from their constitutions or include them in the Preamble or the section on Directive Principles of State Policy. The South African Constitution is well known for its inclusion of this cat…

Benign Accommodation? Ukuthwala, ‘forced marriage’ and the South African Children’s Act

This article evaluates the implications of the Children’s Act 38 of 2005 for ukuthwala. As a preliminary procedure to a customary marriage, the ukuthwala is a practice whereby, a young man forcibly takes a girl to his home. The practice, in recent …

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 natu…

Overview Report of the Research Project by the International Labour Organization and the African Commission on Human and Peoples’ Rights on the Constitutional and Legislative Protection of the Rights of Indigenous Peoples in 24 African Countries

"This report provides the results of a research project by the International Labour Organization (ILO) and the African Commission’s Working Group on Indigenous Communities/Populations in Africa (African Commission Working Group), with the Centre…

Gender Justice in Post Conflict Countries in East, Central and Southern Africa

"The articles in this magazine offer fresh and analytical perspectives on topics ranging from the role of women in the Inter-Congolese peace process to the gender justice dimensions of the conflict in Darfur. New opportunities are explored as we con…

The Nature of South Africa's Legal Obligations to Combat Xenophobia

"In March 2008, a wave of xenophobic violence swept across many parts of South Africa, including Tshwane. This study aims to provide an analysis of the potential role that law, and particularly human rights law, may play in combatting such violence …

African Human Rights Law Journal Volume 11 No 2

"The content of this issue is divided into three parts. In the first part, special attention is given to the commemoration of 25 years since the entry into force of the African Charter on Human and Peoples’ Rights (African Charter) on 21 October 198…

The Impact of the Protocol on the Rights of Women in Africa on Violence against Women in six Selected Southern African Countries : An Advocacy Tool

"The aim of this publication is to contribute to popularisation of the Women’s Protocol, in this case with respect to its provisions relating to violence against women, by elaborating on the content and meaning of the relevant articles. Furthermore,…

Gender Justice in Post Conflict Countries in East, Central and Southern Africa

"During a country's transition to peace, unique opportunities emerge to promote gender equality and gender justice, particularly in the context of peace negotiations and post-conflict reconstruction processes and structures. The articles in this mag…

Human Rights under Threat : Four Perspectives on HIV, AIDS and the Law in Southern Africa

"The aim of this paper is to examine the existing HIV testing and counseling policies, particularly those aimed at the routine testing of individuals attending health institutions in the SADC region, and to consider the human rights implications of …

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