African Human Rights Law Journal Volume 20 No 2 2020

African Human Rights Law Journal Volume 20 No 2 2020
Author:
Publisher: Pretoria University Law Press
Total Pages: 531
Release: 2020-01-01
Genre: Law
ISBN:

In 2020, the African Human Rights Law Journal (AHRLJ or Journal) celebrates 20 years since it first was published. The AHRLJ is the only peer-reviewed journal focused on human rights-related topics of relevance to Africa, Africans and scholars of Africa. It is a time for celebration. Since 2001, two issues of the AHRLJ have appeared every year. Initially published by Juta, in Cape Town, South Africa, in 2013 it became as an open-access journal published by the Pretoria University Law Press (PULP). PULP is a non-profit open-access publisher focused on advancing African scholarship. The AHRLJ contains peer-reviewed articles and ‘recent developments’, discussing the latest court decisions and legal developments in the African Union (AU) and regional economic communities. It contains brief discussions of recently-published books. With a total of 517 contributions in 40 issues (436 articles and 81 ‘recent developments’; not counting ‘book reviews’), on average the AHRLJ contains around 13 contributions per issue. The AHRLJ is accredited with the International Bibliography of the Social Sciences (IBSS) and the South African Department of Higher Education, Science and Innovation, and appears in a number of open access portals, including AfricanLii, the Directory of Open Access Journals and SciELO. Over the 20 years of its existence, many significant articles appeared in the AHRLJ. According to Google Scholar the mostcited articles that have appeared in the Journal over this period are (i) T Metz ‘Ubuntu as a moral theory and human rights in South Africa’ (2011) 11 African Human Rights Law Journal 532-559 (with 273 citations); (ii) D Cornell and K van Marle ‘Exploring ubuntu: Tentative reflections’ (2005) 5 African Human Rights Law Journal 195- 220 (with 97 citations); (iii) S Tamale ‘Exploring the contours of African sexualities: Religion, law and power’ (2014) 14 African Human Rights Law Journal 150-177 (with 85 citations); K Kindiki ‘The normative and institutional framework of the African Union relating to the protection of human rights and the maintenance of international peace and security: A critical appraisal’ (2003) 3 African Human Rights Law Journal 97-117 (with 59 citations); and T Kaime ‘The Convention on the Rights of the Child and the cultural legitimacy of children’s rights in Africa: Some reflections’ (2005) 5 African Human Rights Law Journal 221-238) (with 54 citations). This occasion allows some perspective on the role that the Journal has played over the past 20 years. It is fair to say that the AHRLJ contributed towards strengthening indigenous African scholarship, in general, and human rights-related themes, specifically. Before the Journal there was no academic ‘outlet’ devoted to human rights in the broader African context. Both in quantity and in quality the Journal has left its mark on the landscape of scholarly journals. The AHRLJ has provided a forum for African voices, including those that needed to be ‘fine-tuned’. Different from many other peerreviewed journals, the AHRLJ has seen it as its responsibility to nurture emerging but not yet fully-flourishing talent. This approach allowed younger and emerging scholars to be guided to sharpen their skills and find their scholarly voices. The AHRLJ has evolved in tandem with the African regional human rights system, in a dialogic relationship characterised by constructive criticism. When the Journal was first published in 2001, the Protocol on the Establishment of an African Court on Human and Peoples’ Rights (African Court Protocol) was not yet in force. Over the years the Journal tracked the evolution of the African Court on Human and Peoples’ Rights (African Court) from a faltering start, through a phase when it increasingly expressed itself in an emerging jurisprudence, to the current situation of push-back by states signalled by the withdrawal by four states of their acceptance of the Court’s direct individual access jurisdiction. The same is largely true for the African Committee of Experts on the Rights and Welfare of the Child (African Children’s Committee). It was in 2001 that the AU elected the first members of this Committee. It first met in 2002, and its first decade or so was lackluster. The Committee examined its first state report only in November 2008, and decided its first communication in March 2011. Articles by authors such as Mezmur and Sloth-Nielsen, who also served as members of the Committee, and Lloyd, placed the spotlight on the work of the Committee. Initially, these articles primarily served to describe and provide information that otherwise was largely inaccessible, but over time they increasingly provided a critical gaze and contributed to the constructive evolution of the Committee’s exercise of its mandate. By 2011 the African Commission on Human and Peoples’ Rights (African Commission) was already quite well established, but it also underwent significant growth over the subsequent 20-year period. Numerous articles in the Journal trace and analyse aspects of this evolution. Contributions in the Journal also cover most of the AU human rights treaties and soft law standards. A number of issues contain a ‘special focus’ section dealing with a thematic issue of particular relevance or concern, such as the focus on the Protocol to the African Charter on the Rights of Women (2006 no 1); ‘30 years of the African Charter’ (2011 no 2); and ‘sexual and reproductive rights and the African Women’s Protocol’ (2014 no 2). The scope of the Journal extends beyond the supranational dimension of human rights. Over the years many contributions explored aspects of the domestic human rights situation in countries such as the Democratic Republic of the Congo, Eswatini, Ethiopia, Lesotho, Malawi, Mauritius, Nigeria, South Africa, Tanzania, Uganda and Zimbabwe. From time to time the specific focus sections also veered towards domestic human rights protection. See for instance the focus on 20 years of the South African Constitution (2014 no 2); on ‘adolescent sexual and reproductive rights in the African region’ (2017 no 2); on ‘the rule of law in sub-Saharan Africa’ (2018 no 1); and on ‘dignity taking and dignity restorations’ (2018 no 2).

Human Rights Manual and Sourcebook for Africa

Human Rights Manual and Sourcebook for Africa
Author: Keir Starmer
Publisher: BIICL
Total Pages: 1486
Release: 2005
Genre: Civil rights
ISBN: 0903067846

At a time when the issue of human rights in Africa is making many advances, Human Rights Sourcebook and Manual for Africa introduces easy-to-use jurisprudence. The first section covers key principles and human rights norms which are detailed in straightforward language. The second section is devoted to the death penalty, detailing the relevant provisions from both international and regional instruments and offering a comparative commentary as to how the principles and relevant rights relate to the death penalty. The third section summarizes key case law from international, regional and domestic African courts and tribunals. The case summaries detail the facts and decisions and include a headnote of relevant concepts for quick reference. The fourth section focuses on thirteen African countries, yet the reports are a useful comparative resource for all countries. From conducting the research and compiling the material for this final section, it is apparent that nothing like this has been attempted before in Africa. Much of the work emanates from primary research and investigation conducted by local research teams in the individual countries. Investigative research includes visiting prisons, physically counting the individuals on death row and interviewing the detainees to obtain their age and the length of time they had been on death row.

African Human Rights Yearbook Volume 4 2020

African Human Rights Yearbook Volume 4 2020
Author:
Publisher: Pretoria University Law Press
Total Pages: 540
Release: 2020-01-01
Genre: Law
ISBN:

The three institutions making up the African regional human rights system, the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, and the African Committee of Experts on the Rights and Welfare of the Child, decided to jointly publish the African Human Rights Yearbook, to spearhead studies on the promotion and protection of human rights, and to provide a forum for constructive engagement about the African human rights system with academics and other human rights commentators on the continent. Volume 4 of the Yearbook, published in 2020, contains 24 contributions by scholars from Africa and beyond. Les trois institutions qui composent le système régional africain des droits de l’homme, la Cour africaine des droits de l’homme et des peuples, la Commission africaine des droits de l’homme et des peuples et le Comité africain d’experts sur les droits et le bien-être de l’enfant ont décidé de publier conjointement l’Annuaire africain des droits de l’homme pour encourager les études sur la promotion et la protection des droits de l’homme et offrir un forum d’interaction constructive sur le système avec les universitaires et observateurs du continent. Le Volume 4 de l’Annuaire, publié en 2020, contient 24 contributions de chercheurs du continent et d’ailleurs.

Culture and International Law

Culture and International Law
Author: Paul Meerts
Publisher: Hague Academic Press
Total Pages: 266
Release: 2011-08-12
Genre: Law
ISBN: 9789067046824

Hague Academic Press, a T.M.C. Asser Press imprint How do different cultures deal with international law and how does international law influence the rules and regulations of these cultures? Is international law an effective tool in protecting cultural heritage, especially in wartime? Does it protect the heritage of cultures in a balanced way? Above all, how do you define 'culture' and 'international law'? These important questions were asked at the Fourth Conference of the Hague Academic Coalition (HAC) (entitled 'From Peace to Justice') in April 2007. Valuable views, from different angles and perceptions, were presented and discussed. This book, in which questions, views and suggestions are brought together, intends to trigger an international debate and a search for clarity on these issues in the near future and is valuable for academics, international lawyers, judges, solicitors, political scientists, historians, diplomats and all those with an interest in cultures and international law.

Translating Technology in Africa. Volume 1: Metrics

Translating Technology in Africa. Volume 1: Metrics
Author:
Publisher: BRILL
Total Pages: 188
Release: 2023-11-13
Genre: Science
ISBN: 9004678352

Translating Technology in Africa brings together authors from different disciplines who engage with Science and Technology Studies (STS) to stimulate curiosity about the diversity of sociotechnical assemblages on the African continent. The contributions provide detailed praxeographic examinations of technologies at work in postcolonial contexts. The series of 5 volumes aims to catalyse the development of a field of research that is still in its infancy in Africa and promises to offer novel insights into past, present, and future challenges and opportunities facing the continent. The first volume, on "Metrics", explores practices of quantification and digitisation. The chapters examine how numbers are aggregated and how the resulting metrics shape new realities. Contributors include Kevin. P. Donovan, Véra Ehrenstein, Jonathan Klaaren, Emma Park, Helen Robertson, René Umlauf and Helen Verran

The African Children's Charter

The African Children's Charter
Author: Julia Sloth-Nielsen
Publisher:
Total Pages: 272
Release: 2011-06-28
Genre:
ISBN: 9780754679110

Ten years after the coming into force of the African Charter on the Rights and Welfare of the Child, this volume presents an analysis of its progress so far. Looking both backward and forward it provides a reflection on successes and achievements of the past, as well as setting an agenda for the future.

The Right to Development in International Law

The Right to Development in International Law
Author: Subrata Roy Chowdhury
Publisher: BRILL
Total Pages: 441
Release: 2023-11-27
Genre: Law
ISBN: 9004637680

The chapters in this volume are based on the papers that were presented at the Calcutta seminar organized in March 1992 by the ILA Committee on Lehal Aspects of a New International Economic Order (NIEO). The conference focused on the right to development, in particular its ideas and ideology, human rights aspects and implementation in specific areas of international law. The volume is accordingly organized in three parts. The chapters cover a vast area of subjects, derived from the UN Declaration of the Right to Development. From the developed and underdeveloped world 33 authors discuss topics including: contents, scope and implementation of the right to development; human rights of individuals and peoples; co-operation between the European Community and the Lomé IV states; current developments in investments treaties; refugee protection; development and democracy; concept of sustainable development; environmental issues; protection of intellectual property; transfer of technology; human rights in international financial institutions; and the legal conceptualization of the debt crisis. Professor Oscar Schachter observes in the first chapter that the Declaration continues to be a `challenging subject for legal commentary' for its `detable legal status, its combination of collective and individual rights, its expansive conception of development and its equivocal obligation'. Apart from support, doubts about the concept to the right to development may also be found in this volume.

The African Regional Human Rights System

The African Regional Human Rights System
Author: Manisuli Ssenyonjo
Publisher: Martinus Nijhoff Publishers
Total Pages: 629
Release: 2011-12-23
Genre: Law
ISBN: 9004218149

The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.

African Data Privacy Laws

African Data Privacy Laws
Author: Alex B. Makulilo
Publisher: Springer
Total Pages: 380
Release: 2016-11-30
Genre: Law
ISBN: 3319473174

This volume presents analyses of data protection systems and of 26 jurisdictions with data protection legislation in Africa, as well as additional selected countries without comprehensive data protection laws. In addition, it covers all sub-regional and regional data privacy policies in Africa. Apart from analysing data protection law, the book focuses on the socio-economic contexts, political settings and legal culture in which such laws developed and operate. It bases its analyses on the African legal culture and comparative international data privacy law. In Africa protection of personal data, the central preoccupation of data privacy laws, is on the policy agenda. The recently adopted African Union Cyber Security and Data Protection Convention 2014, which is the first and currently the only single treaty across the globe to address data protection outside Europe, serves as an illustration of such interest. In addition, there are data protection frameworks at sub-regional levels for West Africa, East Africa and Southern Africa. Similarly, laws on protection of personal data are increasingly being adopted at national plane. Yet despite these data privacy law reforms there is very little literature about data privacy law in Africa and its recent developments. This book fills that gap.

Global Perspectives on Press Regulation, Volume 2

Global Perspectives on Press Regulation, Volume 2
Author: Paul Wragg
Publisher: Bloomsbury Publishing
Total Pages: 467
Release: 2024-02-22
Genre: Law
ISBN: 1509950400

In this ground-breaking two-volume set, world-leading experts produce a rich, authoritative depiction of the world's press, its freedom, and its limits. We want press freedom but we also want freedom from the press. A powerful press may expose corrupt government or aid it. It may champion citizens or unfairly attack them. A vulnerable press may lack supporters and succumb to conformity. It may resist, and overcome tyranny. According to common belief, press freedom involves social responsibilities to equip public debate and render government transparent. Is this attitude valid given that the press is usually a private, commercial actor? Globally, the health, authority, and viability of the press varies dramatically. These patterns do not conform to traditional divisions between North and South, East and West. Instead, they are much more complex. How do we measure successful press regulation? What concessions can the state and/or society demand of the press? What constitutes the irreducible core of press freedom? The contributions in Volume 1 look at key jurisdictions in Europe; whereas Volume 2 goes beyond Europe to analyse the situation in key jurisdictions in Asia, Africa, the Americas and Oceania. Each volume can be used independently or as part of the complete set. This work will be incredibly valuable to policy makers and academics who seek to capture the global picture for the purposes of effecting change.