© UN Women, Joe Saade
Ahead of her upcoming publication in CCR XIV, Dr Rishika Sahgal analyses and critiques two cases decided by the apex courts in India and South Africa in 2022, Janhit Abhiyan and Social Justice Coalition. These cases reveal that even when poverty is recognised as a ground within equality law, several tensions or barriers to achieving substantive equality for the impoverished may arise.
In this blog post, Wandile Brian Zondo argues that the Traditional and Khoi-San Leadership Bill 2024 is constitutionally problematic and continues to threaten informal land rights and rural democracy in South Africa.
Ahead of the 10th session of negotiations of the Intergovernmental Working Group on a legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises, David Bilchitz argues that a scope clause is unnecessary and likely to exacerbate divisions.
In this post, Nicholas Herd examines the Zambian Constitutional Court’s Sangwa judgment, placing it within broader discussions on judicial independence and its importance in upholding the rule of law. Drawing lessons for constitutional democracies, he links the judgment to South Africa, where the judiciary struggles with institutional independence due to reliance on the executive for funding, staffing, and logistical support. This dependency grants the executive significant influence, raising concerns about impartiality and undermining the judiciary's independence.
In this post, Nicholas Maple examines the complexities of refugee reception in Southern Africa. Using Zambia as a case study, he highlights how the historical 1970 Refugee (Control) Act continues to influence contemporary policies, despite the adoption of the more progressive 2017 Refugee Act. Maple emphasises the importance of localised approaches and the need to move away from restrictive encampment policies to integrate refugees into urban spaces and uphold their freedom of movement.
In this article, Nico Steytler discusses the implications of South Africa's 2024 elections, which saw the ANC lose its parliamentary majority for the first time in 30 years and the formation of a Government of National Unity (GNU). Steytler examines whether this shift will strengthen democracy and federalism or deepen existing divisions, as the nation grapples with entrenched inequality and the challenges of collaborative governance.
In this article, Joshua Kyeremateng and Theophilus Edwin Coleman offer five reasons why the circuit court in Ghana should have arrived at a different conclusion on the employment status of gig workers in Justice Noah Adade v. Bolt Ghana Limited and Another.
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.
