© UN Women, Joe Saade
In this post, Arthur van Coller highlights the critical need to focus on preventing genocide rather than merely responding to its aftermath. He explores key indicators that signal the potential onset of genocidal violence, including acts of incitement and hate speech that may escalate tensions. van Coller also highlights the valuable role of the International Criminal Tribunal for Rwanda in establishing legal precedents for recognising and addressing these warning signs.
In this week’s post, Nurina Ally and others offer an overview of the Constitutional Court’s operations, shedding light on aspects of the Court's work that rarely receive attention. Their analysis captures the bigger picture and highlights some of the unique challenges the Court encounters.
In this week’s post Celiwe examines the Sustaining the Wild Coast cases, where South Africa’s courts evaluated the lawfulness of Shell and Impact's seismic exploration rights along the Wild Coast. While the High Court suspended the exploration due to insufficient consultation with affected communities and environmental concerns, the Supreme Court of Appeal overturned the decision, emphasizing foreign investment. The article highlights the legal tension between corporate interests, environmental protection, and marginalized communities’ rights
Lee-Anne Germanos Manuel discusses the significance of The Embrace Project v Minister of Justice and Correctional Service, in which the applicants successfully challenged the constitutionality of certain provisions relating to consent-based sexual offences in the Criminal Law (Sexual Offences and Related Matters) Act 32 of 2007 in the High Court of South Africa. The constitutional challenge focused on the element of criminal intent and its effect on consent and now awaits confirmation by the Constitutional Court.
In this post, Art Wynberg and Daniel Robert Erasmus unpack the Democratic Alliance v Hlophe case, where the Court interdicted Dr. Hlophe, an MP for the uMkhonto we Sizwe (MK) Party, from participating in the Judicial Services Commission (JSC) processes. They critique the Court's classification of the National Assembly's designation of Dr. Hlophe to the JSC as Administrative Action (AA) under the Promotion of Administrative Justice Act (PAJA). The post examines the broader implications of this ruling, suggesting it could set a precedent for increased judicial review of parliamentary decisions.
In this post, Rebecca Gore highlights the systemic barriers faced by female inmates in accessing menstrual health management. Drawing on South Africa's prison system, the author discusses how female inmates experience a shortage of sanitary pads, lack of access to tampons, water, private spaces, and limited education on menstruation. Her examination of existing legal and policy frameworks reveals the gap between international standards and the lived realities of incarcerated women in South Africa.
In this post, Marthinus van Staden discusses the intersection of land dispossession and labor control in South Africa’s colonial and apartheid history, as highlighted by the recent case of Izaacs v Government of the Republic of South Africa and Others. This landmark ruling, delivered by the Land Claims Court in October 2023, sheds light on the enduring legacy of racially motivated land theft and its profound impact on indigenous South Africans.
In this last post as part of the ‘Maputo at 20’ series, we speak with Hon. Commissioner Ramatoulie Janet Sallah-Njie, the Special Rapporteur on the Rights of Women in Africa, about the future of the Maputo Protocol, it’s potential for advancing women's rights in Africa, and the challenges that need to be addressed for its full realisation.
In spite of the Maputo Protocol's clear prohibition of Violence Against Women (VAW), the ongoing prevalence of violence in Africa has spurred calls for a regional treaty aimed at eradicating such violence. Against this backdrop, Adetokunbo Johnson reflects on the innovation of the Maputo Protocol's explicit VAW prohibition and questions the need for an additional instrument.
Reflecting on the progress made since the inception of the Maputo Protocol, Kerigo Odada interrogates how health financing and resource allocation have affected the realisation of reproductive rights in Africa. The author calls on state parties to bridge the gap between political commitment and legal implementation by directing resources towards bolstering reproductive health initiatives as mandated by the Protocol.
La mise en œuvre du Protocole de Maputo est supervisée par deux institutions des droits de l'homme de l'Union africaine. Dans cet article de blog, Ashwanee Budoo-Scholtz nous guide à travers les étapes entreprises par la Commission africaine et la Cour africaine pour superviser la réalisation du Protocole de Maputo.
The implementation of the Maputo Protocol is overseen by two African Union human rights institutions. In this blog post, Ashwanee Budoo-Scholtz takes us through the steps that have been taken by the African Commission and the African Court as they oversee the realization of the Maputo Protocol.
In this week’s blog post, Matilda Lasseko-Phooko explores the implementation of the Maputo Protocol and sheds light on the role played by women leaders in making this possible.
