Theses and Dissertations (Centre for Human Rights)

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The rise of anti-gender movements in Africa and the erosion of LGBTQI+ rights : a case study of Botswana
(University of Pretoria, 2024) Ikpo, David N.C.; miss.sekga@gmail.com; Sekga, Ludo Lone
Understanding the reasons for the raging decline of LGBTQI+ rights in Africa is pivotal to countering this undoing of human rights. The recognition and understanding of anti-gender movements is critical in this regard. Presently, the declining state of sexual minority rights is often viewed through examples of countries such as Uganda, where homophobic laws exist and are enforced. This lends itself to a watered-down view of the erosion of rights as merely reflecting that specific environment and creates a problem by masking the existence of interlinked, organised and concerted anti-gender efforts. It in turn limits how these movements can be counteracted and their corrosive effects thwarted. This research illustrates the extent of anti-gender movements through the lens of Botswana, a country with a seemingly progressive stance on SOGIESC rights. Botswana is still failing to ensure the legislative implementation of its decriminalisation decision due to concerted resistance efforts. In this regard, the effect of the anti-gender movements in Botswana draws a contestation between two arms of government. On one end, the judiciary has declared a law unconstitutional and on the other, the legislature has hardened its hand to put the ink to paper and repeal same. This dissertation in using this novel contestation, reaffirms the existence of anti-gender movements and highlights the extent of their reach. It also recommends ways in which states and civil society can respond to these actions to quell the harmful stereotypes that they advance.
Corporate governance frameworks within South African-based non-governmental organisations in the human rights sector
(University of Pretoria, 2024-11) Viljoen, Frans; marnak2204@gmail.com; Dunkle-Kock, M. J.
South Africa’s vibrant and growing civil society is often an important force in high profile legal matters on human rights, and has initiated multiple landmark cases to vindicate the rights contained in the South African Constitution. Unfortunately, the non-governmental sector is not immune from scandals and bad governance. This mini-dissertation focuses on the role of governance frameworks within NGOs in the South African human rights sector, and how a framework can assist such organisations to achieve their human rights outcomes and to manage the internal and external dynamics within an organisation. This research investigates to what extent NGOs in the human rights sector, based in South Africa, implement a corporate governance framework in their operations, and the effect the chosen framework has on the achievement of the organisation’s human rights objectives, and the impact it has on the organisation’s internal and external relationships. The qualitative research in this mini-dissertation consists of small-scale in-depth interviews with key informants. The focus of the interview is the interviewee’s personal experience of the implementation of the corporate governance framework in the organisation. The research showed that corporate governance frameworks are more than just compliance requirements. While compliance is important to ensure good governance within an organisation and secure more funding for the organisation, these frameworks can also assist to manage the power relationships that exist in an NGO. NGOs that regularly review their governance frameworks are more readily able to respond to changes in their environment, and able to manage internal and external pressure. This allows an organisation to excel and effectively execute their mandate.
The rights to life and freedom from torture of children associated with Non-State Armed Groups
(University of Pretoria, 2024-11-17) Skelton, Ann, 1961-; Maslen, Stuart; ftinsae@gmail.com; Birhane, Fikire Tinsae
There are hundreds of thousands of children who are associated with non-State armed groups (NSAGs), recruited either forcefully or voluntarily. These children are subjected to various experiences during their association, which pose significant threats to them, including direct threats to their lives and serious harm to their physical and psychological wellbeing. Consequently, a range of protections of these children, as recognized under international law, are affected. Based on exploration of the main threats they face, it is argued that the rights to life and freedom from torture of these children are particularly implicated. It is also argued that international law rules that provide protection in this regard impose binding obligations on States, as well as NSAGs. Accordingly, it is analysed and argued that territorial States within whose territorial jurisdiction NSAGs operate, and third States that aid, assist or support NSAGs extraterritorially have certain obligations to ensure that NSAGs observe the children’s rights. It is also shown that rules of international law have established certain obligations on NSAGs in this regard. in doing so, relevant rules of international humanitarian law (IHL) and international human rights law (IHRL), augmented with rules of international criminal law (ICL), are assessed. Relatedly, since international organizations, notably the United Nations (UN), are also influential actors engaged in activities related to the situation of such children, obligations under international law possibly applicable to them are also investigated. Moreover, the thesis appraised issues related to remedies and reparations that could be sought by the children whose rights are violated
The role of social activism in pursuing accountability for police abuse of power in Africa
(University of Pretoria, 2024-11) Heyns, Christof; Probert, Thomas; oyakhiromeiru@yahoo.com; Oyakhirome, Iruebafa Lily
Reports of police abuse of power, such as extrajudicial killings and torture are widespread in Africa. When these occur, the public expects the state to hold its agents accountable. Police accountability in human rights is crucial, as it develops a culture of human rights and enhances police effectiveness which can (re-)establish legitimacy and restore public confidence in the police. Though formal mechanisms of police accountability are tasked with holding the police accountable, they sometimes fail to do this effectively. Although there have been several studies on the role and importance of formal mechanisms of police accountability, few qualitative studies exist in Africa that assess the role of social activism in police accountability. This study investigates the role of social activism campaigns in pursuing police accountability for abuse of power in Africa, by examining the #EndSARS campaign in Nigeria, the Khayelitsha police inefficiencies campaign in South Africa, and the Social Justice Centres campaign in Kenya. Using empirical, case study, and doctrinal research methods, this study examines how these campaigns pursue investigations, remedies, and reforms in the process of accountability. This study finds that social activism campaigns pursue police accountability through the socialisation and reinforcement of norms, transnationalisation of issues across borders, and materially contributing to the accountability process, thereby applying pressure on the state and formal mechanisms of accountability to hold the police accountable.
The right to education of internally displaced children in Burkina Faso
(University of Pretoria, 2024-10-20) Fokala, Elvis; Gikonyo, Constance V. Wangeci; elsamelissatapsoba@gmail.com; Tapsoba, Elsa Melissa
This research focuses on the right to education of internally displaced children in Burkina Faso. Since 2015, this country has been facing a security crisis marked by terrorist attacks that have led to the forced displacement of more than two million people, 50% of whom are children. Unfortunately, many of these children are unable to access adequate education. The methodology adopted in this study is based on a doctrinal analysis of international, regional and national legal instruments relating to the right to education and the rights of the child. The results of the research highlight the major challenges faced by the government of Burkina Faso in guaranteeing the right to education of these internally displaced children. The steady increase in the number of IDPs, combined with an already fragile education system and chronic underfunding of education in emergency situations, highlights the limitations of the state in responding effectively to the pressing needs of this vulnerable population.
The role of the hybrid court in the Gambia in ensuring accountability for human rights violations during Yahya Jammeh's regime
(University of Pretoria, 2024-10-15) Killander, Magnus; saidoumamadou2011@yahoo.com; Bah, Mamadou Saidou
Hybrid courts are defined as courts that blend national and international legal frameworks, usually operating in the country where the crimes took place. Hybrid courts are often structured in a manner to ensure that only a small fraction of defendants accused of grave crimes including war crimes, crimes against humanity or other severe crimes are brought before them.
Evaluating the genocidal character of the massacres against the Amhara people in Oromia region of Ethiopia
(University of Pretoria, 2024-11-15) Kiremte, Henok Ashagrey; Ateenyi, Dianah Ahumuza; u22953222@tuks.co.za; Mullaw, Alemu Arage
It is evident that the Amhara ethnic group has faced systematic ethnic-based human rights violations, including the killing of tens of thousands of people, in the Oromia region of Ethiopia since the 1990s, escalating sharply in the post-2018 period. The aim of this mini dissertation was to assess whether these ethnically motivated perpetration of human rights violations against the Amhara people constitute genocide. The 1948 Convention on the Prevention and Punishment of the Crime of Genocide (the Genocide Convention/the 1948 Convention) served as the primary legal framework for analysis, supplemented by other global, regional, and national laws and case precedents. Per these frameworks particularly the 1948 Convention, genocide involves three key elements: (1) the victim group must be identified as a national, ethnic, racial, or religious group; (2) the victim group must experience one or more of the five genocidal acts enumerated in Article 2; and (3) these acts must be committed with the intent to destroy the group in whole or in part. This thesis evaluated the situation of the Oromia-based Amhara people against these criteria and arrived at the following conclusions. First, the study establishes that the Amhara people, sharing a common language and culture, constitute a protected ethnic group under the Convention. Second, it determines that the Amhara people have faced at least three acts enumerated in Article 2 of the 1948 Convention since the 1990s on a massive scale: (a) tens of thousands ethnic Amhara people killed through massacres; (b) tens of thousands physically harmed and hundreds of thousands psychologically traumatized; and (c) conditions imposed that seem calculated to bring about their partial or total physical destruction. Finally, the study argued that these acts were carried out with the intent to destroy the Amhara ethnic group, as inferred from the nature and context of the massacre, the presence of plans or actions, the scale of actual destruction, the repeated discriminatory and destructive acts, forced displacement under deplorable conditions, and ethnically charged utterances. Overall, this study presents compelling evidence that the Amhara people living in the Oromia region of Ethiopia experienced violations meeting the threshold to constitute genocide. The systematic assessment of the protected status, enumerated acts, and genocidal intent builds a compelling argument that these ethnically motivated violations against the Amhara people in Oromia Region warrant classification as genocide.
Examining the effects of inheritance practices on women's socio-economic rights in Burundi
(University of Pretoria, 2024-10-23) Mutambasere, Susan; Dr Mokoena, Untalimile Crystal; mugishameru2404@gmail.com; Mugisha, Merveille
This mini-dissertation examines the impact of inheritance practices on women's socioeconomic rights in Burundi, within the context of a patriarchal society where customary law continues to exclude women from inheritance. Despite constitutional guarantees of equality and Burundi’s ratification of regional and international human rights treaties, traditional inheritance practices persist, undermining women's economic empowerment. Women, who form the backbone of Burundi's agricultural economy, face systemic barriers to land ownership, which restrict their access to resources, credit, and decision-making power. The study adopts a desktop research methodology, analyzing domestic, regional, and international legal frameworks, as well as case law and academic literature. It highlights gaps in Burundi’s legal system, including the absence of inheritance laws and limited application of international norms by judges. Furthermore, institutional shortcomings, such as resource constraints in gender-focused ministries, exacerbate these challenges. The research draws lessons from South Africa, where legislative reforms and progressive judicial interpretation have advanced women’s inheritance rights, despite initial resistance from customary practices. These reforms offer valuable insights into addressing gender inequality in Burundi. The dissertation concludes with recommendations for legislative reforms, improved judicial practices, and capacity-building initiatives to ensure women's equal access to inheritance and socioeconomic resources, contributing to gender equality and sustainable development in Burundi.
A right-based approach to self-managed abortion in Nigeria
(University of Pretoria, 2024-08) Durojaye, Ebenezer; chukwumangozichukwu@gmail.com; Chukwuma, Ngozichukwu
In Nigeria, the intersection of restrictive abortion laws, socio-cultural barriers, and inadequate healthcare services has significantly hindered women's access to safe and legal abortion, leading many to resort to self-managed abortion (SMA). This research critically examines self-managed abortion through a rights-based approach, highlighting the urgent need to align Nigeria's legal and policy frameworks with international and regional human rights standards. The study explores how existing legal provisions in Nigeria, such as the Criminal Code and Penal Code, criminalise abortion except under limited circumstances, violating women's rights to autonomy, privacy, and the highest attainable standard of health. It further analyses the socio-cultural factors, including stigma, gender inequality, and religious beliefs, that perpetuate harmful practices and restrict women's access to safe abortion services. Through a comprehensive review of international human rights instruments, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the African Charter on Human and Peoples' Rights, the research emphasises the principles of self-determination, dignity, non-discrimination, freedom from torture, cruel, inhumane or degrading treatment and health as fundamental to women's reproductive rights. The study also draws on lessons from other African jurisdictions, particularly Kenya, to propose a progressive legal and policy framework that supports self-managed abortion in Nigeria. The research concludes with recommendations for legislative reform, increased public awareness, and the integration of SMA into Nigeria's healthcare system. It advocates for a shift from punitive approaches to supportive measures that respect women's autonomy and promote safe reproductive health practices, thereby advancing reproductive rights and health equity in Nigeria. This work is essential for legal, ethical, and policy discourses on reproductive rights in Nigeria, contributing to the broader struggle for gender equality and women's empowerment.
The role of human rights defenders in addressing the impact of child marriage on the girl-child's right to education in South Sudan
(University of Pretoria, 2024-10-23) Fokala, Elvis; Assim, Usang Maria; akotmakur85@gmail.com; Chep, Akot Makur Chuot
Despite legally binding international, regional and domestic legal frameworks on South Sudan that define a child as anyone below 18 years old, child marriage remains prevalent with a rate of 52 per cent. The high rates of child marriage have led to the dropout of 988000 girls from school. The surge in child marriage is attributed to gaps in laws, lack of implementation and cultural practices. The main gap in national laws is that the laws do not define the minimum age of marriage nor criminalise child marriage. Out of ten states and three administrative areas in South Sudan, only Lakes State and Unity State have criminalised and banned child marriage respectively. The gap in the laws is exacerbated by the fact that South Sudan has not ratified the African Charter on the Rights and Welfare of the Child. In addressing the impact of child marriage on the girl-child’s right to education, human rights defenders face several challenges. To address child marriage and its impacts on the girl-child’s right to education, this mini-dissertation recommends setting the minimum age of marriage at 18 years in the national laws, criminalising child marriage, strengthening the implementation of the existing laws, ratifying the African Charter on the Rights and Welfare of the Child, enacting human rights defenders’ specific legislation, reducing the high rates of dropouts, and expanding civic awareness. To attain the main objective, which is the role of human rights defenders in addressing the impact of child marriage on the girl-child in education in South Sudan, this mini-dissertation uses the doctrinal method and participation and evaluation process method. Chapter One gives an overview of the mini-dissertation and covers the research problem, literature review, research questions, research objectives, research methodology, the significance of the research, research limitations, and Chapters’ structure. Chapter Two explores the obligations of South Sudan under the international, regional and domestic legal frameworks in addressing the impact of child marriage on the girl-child’s right to education. Chapter Three discusses the perception of South Sudan’s communities on child marriage and its impacts on the girl-child’s right to education. Chapter Four examines the role of human rights defenders in addressing the impact of child marriage on the girl-child’s right to education, the legal framework governing human rights defenders and challenges human rights defenders face. Chapter Five summarises the conclusions and suggests recommendations.
The implementation by Tanzania of orders of the African Court on Human and Peoples’ Rights requiring constitutional and legislative reform
(University of Pretoria, 2024-10-23) Prof Viljoen, Frans; Dr Eno, Robert; titomagoti@gmail.com; Magoti, Tito Elia
The African Court on Human and Peoples’ Rights (Court) has, in 25 decisions, ordered Tanzania to take legislative (and constitutional) measures to align several laws with the Charter. The decisions are thematically divided into those dealing with criminal justice (15 with the abolition of the death penalty, two with the right to bail, two with the right to legal representation, two with abolition of corporal punishment, one with access to judicial remedies) and one with election management. Two more decisions deal with the right to participate in government. This study finds that Tanzania has partially implemented orders in two instances: the orders in one case related to legal representation, through the enactment of the Legal Aid Act (of 2017); and in the case concerning electoral management, by setting qualifications and positions for civil servants who would be appointed as election directors. This is a total of two orders out of 25 being partially implemented. The hindrances to implementing Court orders include Tanzania’s failure to establish effective democracy and governance institutions, such as the parliament and the judiciary, which would guard rights and promote government accountability. There are also factors relating to the Court, such as inadequacies in enforcing its decisions and not having an appellate chamber. This study recommends that Tanzania promulgate a new constitution with a comprehensive Bill of Rights to effectively guard rights, promote the independence of the judiciary and the checks and balance role of the parliament as well as the accountability of the Government. It is also recommended that Tanzania establish a domestic oversight mechanism to monitor the implementation of Court orders, bolster the role of the Commission for Human Rights and Good Governance in monitoring the implementation of treaty obligations and protection of human rights and ensure effective citizen participation in government.
A human-rights based approached to assisted reproductive technologies in Kenya
(University of Pretoria, 2024) Budoo-Scholtz, Ashwanee; traceylichuma4@gmail.com; Lichuma, Tracey N.
Access to assisted reproductive technologies is a major issue especially to women who suffer from infertility, women who choose to have children by themselves or persons who identify as LGBTQ+ . A human rights based apprto ART ensures that the policies, practices and services are available to every person who needs it. it further recoginses the right to reproduce as a human right. The right to reproduce encompases a lot of rights that ae enshrined in our national, regional and international laws that as Kenya, we have ratified and are parties to. Some of the rights include but not limited to; right to health, right to non-discrimination and equality etc. The dissertation looks at the reproductive justice theory that looks at reproductive rights holistically and gives individuals the autonomy to choose what to do about their reproductive lives. Whilst there have been several attempts to pass the ART Bill since 2014, there has been a significant movement with the ART bill 2022 that has a little bit of hope. Having laws that regulate ART is still a challenge. The mini dissertation recommends that there be regulatory and legislative polices to monitor the same
Reviewing anti-sodomy laws in Kenya through an inclusive interpretation of article 45(2) of the constitution
(University of Pretoria, 2024-08) Sogunro, Ayodele; mainanyabuti@gmail.com or mainanyabuti@yahoo.com; Nyabuti, Alex Maina
The research problematises the interpretation of Article 45(2) of the Constitution which only recognises marriage between the opposite sex as the stumbling block to decriminalise anti-sodomy laws. It uses doctrinal and qualitative methodology to explore inclusive interpretative approaches within the transformative constitutionalism and queer theoretical framework to augment decriminalisation of anti-sodomy laws. It makes three-pronged findings. First, the existing judicial approaches that cite Article 45(2) of the Constitution to affirm anti-sodomy laws are premised on the colonial and majoritarian heteronormative constructs. Secondly, the approaches deviate from various inclusive interpretative approaches developed within transformative constitutionalism and queer theoretical frameworks as espoused on international, regional and national jurisprudence that has decriminalised ant-sodomy laws. Finally, the research tested the nine inclusive interpretative approaches against Article 45(2) of the Constitution with positive results in reviewing the anti-sodomy laws. It thus recommended that courts embrace decoloniality, draw lessons from comparative jurisprudence and inject a dose of judicial activism to augment inclusive interpretative approaches to decriminalise anti-sodomy laws.
An analysis of the impact of anti-rights actors on abortion rights in Nigeria
(University of Pretoria, 2024-08) Durojaiye, Ebenezer; chiomayoung@gmail.com; Ogwuegbu, Chioma Vivian
The sexual reproductive health and rights of women are deeply rooted in fundamental human rights. This research will challenge those conservative ideologies that limit women to bridge the gender and inequality gap thus ensuring the full protection of those rights. In a patriarchal and religious society like Nigeria, the activities of anti-rights groups often impede the progress made on women’s rights, especially regarding abortion rights. This research aims to examine the history of anti-rights groups in Nigeria as well as examine how the society controls reproduction, specifically abortion rights and the justification they make for exerting such control. Through a thorough analysis of existing literature, journals, books and other sources, this discourse will employ a qualitative methodological approach in six chapters with chapter one being an overview of anti-rights groups and a general outline of the thesis, the problems this research seeks to address and the significance of this research which is to equip abortion rights activists with ways to better counter anti-rights actors. Chapter two will be a deep exploration of the feminist theory vis-à-vis the cultural, religious and political background of Nigerian society. Chapter three will examine the restrictive abortion laws in Nigeria which are heavily influenced by American evangelical groups who advocate against the reproductive rights of women through their conservative influences often shaped by religion. Chapter four will examine the various methods and strategies employed by the right-wing groups, illuminating how this leads to a lack of information which perpetuates unfounded abortion myths and misunderstanding of safe abortion methods. Chapter five will examine international and regional norms regarding abortion around Africa with a special focus on the obstacles women face in accessing safe abortion services. This study will expose how these obstacles lead to self-managed abortions and the subsequent health risks. Finally, chapter five will be a call to action on how to mitigate the actions of anti-right groups on the human rights of women. This chapter will make recommendations on the best approach to tackle anti-right groups and suggestions on the way forward for abortion rights in Nigeria.
Religious fundamentalisms and its influence on regulating reproductive rights in Uganda
(University of Pretoria, 2024-08) Durojaye, Ebenezer; counselrose@gmail.com; Wakikona, Rose
This research reflects on the influence of religious fundamentalisms on the proposed Human Assisted Reproductive Technology bill of 2023 in Uganda and how this shall affect the reproductive rights of people who do not conform to the heteronormative standards of sexuality and reproduction. Uganda has domesticated several international and regional human rights instruments that demonstrate an aspiration to rely on human rights standards and norms when legislating on reproductive rights but by adopting very narrow criteria on who can use Assisted Reproductive Technologies (ARTs), outlawing commercial surrogacy and failing to address the exorbitant cost of ARTs, the bill instead stands to violate reproductive rights by limiting choice all in a bid to centre the ‘natural’ family within reproduction. The research is divided into six chapters with chapter 1 giving background and context, chapter 2 discussing the theoretical framework of reproductive justice, chapter 3 analysing the obligations of Uganda under the human rights system, chapter 4 discussing the influence of religious fundamentalisms on reproductive rights in Uganda, chapter 5 looking at comparative legislation on ARTs from India and South Africa and chapter 6 making recommendations for embracing reproductive rights within ARTs.
Refugee women’s access to and use of emergency contraceptives as a reproductive health right in Kenya
(University of Pretoria, 2024-08) Budoo-Scholtz, Ashwanee; anneteopiyo26@gmail.com; Opiyo, Annet Achieng
This dissertation focuses on discussing the access and usage of emergency contraceptives among refugee women as a human rights issue. The study incorporates the intersectionality and reproductive justice theory to explain the barriers to access and usage of emergency contraceptives among refugee women and demystify the concept of choice. It highlights the refugee women’s exposure to sexual violence during a flight from their home country and settlement in the host country as a justification for the provision of emergency contraceptives. Besides, failure to provide access to emergency contraceptives has a grave impact on refugee women’s reproductive health. The study proceeds to evaluate the extent to which emergency contraceptives are available to refugee women residing in Kenya. Notably, access and usage are limited because of the cultural, religious, economic, informational and institutional barriers that occur. Despite the existing barriers, the study acknowledges the existence of legal and statutory frameworks that hold Kenya accountable for actualising the mandate. Invoking article 2(6) of the Constitution of Kenya, the global and regional laws Kenya has ratified on reproductive rights form part of her laws. However, the finding in this research is that despite the existing legal frameworks at the national, regional, and international levels, implementation remains a mirage. This research proposes two mechanisms, advocacy and professional accountability, to strengthen health systems as a mitigation to the existing barriers and limited implementation. The advocacy initiatives discussed include policy and budget advocacy, community advocacy, legal advocacy through strategic litigation, and media advocacy. With regard to professional accountability, the study relies on the Hippocratic Oath and provisions entrenched under the Health Act Kenya to ensure medical practitioners adhere to the set duty of care to refugee women accessing reproductive health services. Finally, the study recommends the incorporation of an intersectionality theory in the Kenyan legislative process aimed at advancing reproductive rights and access to emergency contraceptives for refugee women. Lumping all women in one category leads to limitations in advancing this right as it fails to consider the unique barriers and challenges refugee women face.
Legal rules and procedures as barriers for judicial enforcement of women’s reproductive rights in Zimbabwe, Namibia and Botswana
(University of Pretoria, 2024-08) Maziwisa, Michelle Rufaro; tambugonese@yahoo.com; Manjonjo, Tambudzai Mubaiwa
Zimbabwe, Botswana and Namibia are parties to international treaties and standards that recognise or are relevant to the protection of reproductive rights for women and have made them justiciable through constitutional recognition. However, the realisation and protection of these rights through these countries’ national judicial enforcement mechanisms are hampered by procedural rules and standards that act as effective barriers for women to access the courts. The study examines the limitations of enforcing reproductive rights through the courts, focusing on common law delict claims illustrated by three decided reproductive rights cases in Zimbabwe, Botswana and Namibia. The study also examines best practices for the enforcement of reproductive rights and makes recommendations to mitigate the barriers.
The role of human rights in post-conflict reconstruction in the Democratic Republic of Congo
(University of Pretoria, 2024-10-22) Killander, Magnus; Akiyode-Afolabi, Abiola; munguiko.m.muliri@gmail.com; Munguiko Muliri, Ramadhan
Since its independence, the Democratic Republic of Congo has endured decades of conflicts and instability. These conflicts, fueled by ethnic tensions, political instability and human rights abuses and violations, have led to the displacement of millions of people, mass casualties, and the destruction of socio-economic infrastructure which hindered the county’s development. They also have devastating impact on vulnerable populations, particularly women and children who are often victims of sexual violence, forced recruitment, and exploitation. The political agreements and other peace initiatives that took place in the Congolese conflicts have not produced the expected effects of pacifying the country, because instead of addressing the real causes of conflicts, they served to share political power between the belligerents, forgetting to rely on the root causes of the conflicts in the country. Although human rights violations are not the only cause of these conflicts, structural conditions such as social inequalities, corrupt and abusive systems of governance, injustices, impunity and insecurity, corruption, and misappropriation of public funds, however, create grievances, dissatisfaction, and frustrations, leading, in turn, to the conditions that encourage actors to resort to violence and armed conflict. Human rights violations being part of the problem, they would be part of the solution, so that they can be fully integrated in any post-conflict reconstruction process in order to build a sustainable peace in the DRC.
The role of civil society in realising racial and social justice for the Creoles in Mauritius through transitional justice processes
(University of Pretoria, 2024-10-23) Kuveya, Lloyd; Moumouni, Guillaume; jolicoeurmrebecca@gmail.com; Jolicoeur, Marie Rebecca
In 2009, Mauritius set up a Truth and Justice Commission to investigate the effects of slavery and colonialism on Mauritian society and aim at achieving social justice and unity. From the emancipation period till now, the Creole population has been marginalized and faced discrimination, exclusion, hate speech, and ethnic or racial stereotypes or stigma in education, economic situation, employment, health, housing, and political life. The state has failed to recognize any form of discrimination against and human rights violations of Creoles. Numerous works of literature have discussed the issue of racism and discrimination in the country, but the paper concentrates on identifying their contemporary forms, assessing their impact on Creoles’ economic, social, and cultural rights, and examining the role of civil society in the realisation of transitional justice processes. The aim of this research is to firstly investigate both the positive and negative contribution of civil society in the implementation of the recommendations of the Truth and Justice Commission and measures taken to combat racism and discrimination against Creoles.
The obligation to respect the right to assembly in Kenya
(University of Pretoria, 2024-10-15) Fokala, Elvis; Gentian, Zyberi; cedkadima@gmail.com; Kadima, Cedric
In a 2023 report, the Kenyan National Human Rights Commission (KNHRC) referred to an outright assault on Article 37 of the Constitution on the right to assemble, demonstrate and picket. Also, in 2024, State authorities in Kenya unleashed disproportionate force against protesters and even deployed the military. KNHRC reported that in one month of protests, about 50 people died, with another 59 abductions and more than 680 arbitrary arrests. Largely, these actions are against international, regional, and domestic obligations on the right to assembly. The State authorities interfered with the demonstrations, including blocking access to roads and using water cannons, teargas, live bullets, and batons, among other tactics, to ensure that the protests did not occur. This research examines why the Kenyan state authorities have long maintained a repulsive attitude and assess the country's progress in implementing international law obligations on the right to freedom of assembly. It also evaluates compliance during various reporting periods under the ICCPR and the African Charter.

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