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Public Law, East Africa, Human Rights Sylvie Namwase Public Law, East Africa, Human Rights Sylvie Namwase

Uganda’s Anti-Homosexuality Bill and the Demise of the Rule of Law

Recently, the Parliament of Uganda passed the Anti-Homosexuality Bill (AHB) with the objective of establishing, amongst other things, “comprehensive and enhanced legislation to protect the traditional family by strengthening the nation’s capacity to deal with emerging internal and external threats to the traditional heterosexual family.” In this article, Dr. Sylvie Namwase argues that the continued cycle of human rights violations in Uganda falls within the broader context of authoritarian control, and will soon affect other minority groups.

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Human Rights, International Law, East Africa Cristiano d’Orsi Human Rights, International Law, East Africa Cristiano d’Orsi

Will Asylum-seekers and Refugees in Rwanda be Mistreated?Lessons from Rwandan Law, Policy, and Practice Today

Last year the United Kingdom engaged in talks with Rwanda over the two nations’ migration and economic development partnership ( Rwanda asylum plan ). In this article, Dr. D’orsi gives an overview of Rwanda’s position concerning the UK’s plan to deport some asylum seekers to its country. In addition, he assesses Rwanda’s asylum system to determine how safe it is for asylum seekers.

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Human Rights Thato Gaffane Human Rights Thato Gaffane

The Termination of the Zimbabwean Exemption Permit: A Direct Violation of the Principle of Non-refoulment?

Last year, the South African Minister of Home Affairs, Dr. Aaron Motswaledi announced the termination of the Zimbabwean Special Permits (ZEPs) set to expire at the end of 2021. Thato Gaffane argues that this decision is a violation of the international principle of non-refoulment and also, fatally flawed in as far as it lacks consideration for section 33 of the Constitution of the Republic of South Africa.

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International Law, Human Rights Stephen Nkansah Morgan International Law, Human Rights Stephen Nkansah Morgan

Solving Environmental Harms through an African Model of Environmental Justice

Africa faces a variety of developmental woes that have resulted in various injustices, including environmental injustice. Stephen Morgan discusses the importance of recognising this injustice and makes a case for a reorientation of what we assume to be our moral responsibility towards the environment using indigenous African values and practices.

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Reconsidering the Rights and Responsibilities of the Corporate Person

Corporations increasingly enjoy more rights but face fewer consequences for abusing rights. Erika George argues that a new approach is urgently needed and that constitutional courts should be more concerned with the concentrated power of the private sector and protecting the public space for effective policy making and adjudication.

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International Law, Constitutional Law, Human Rights Johannes Masing International Law, Constitutional Law, Human Rights Johannes Masing

Constitutionalism in the Era of Private Power and the Fourth Industrial Revolution

In the course of digitalisation, economic and other activities are increasingly internationalising and their challenges can thus be less frequently addressed through state constitutions. Although there is no constitutional framework that would allow private power to be effectively constrained at the international level, Johannes Masing argues that a certain uniting basis of constitutionalism across borders may be found in human rights.

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Human Rights, International Law Olivier De Schutter Human Rights, International Law Olivier De Schutter

Povertyism is a Major Obstacle to the Eradication of Poverty. It’s Time to Ban it.

United Nations Special Rapporteur, Olivier De Schutter calls for an end to ‘povertyism’ - the discrimination & negative attitudes that bar people in poverty from fully accessing their rights and for states to include socio-economic status as a suspect ground in national anti-discrimination frameworks.

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Human Rights, Constitutional Law Joshua Davis Human Rights, Constitutional Law Joshua Davis

Bwanya v Master of the High Court: Right for the Wrong Reasons

Bwanya v Master of the High Court was the first occasion on which the Constitutional Court expressly refused to follow one of its previous decisions. Joshua Davis considers the basis on which it did so and the implications for the doctrine of precedent, and argues that the judgment was ultimately right for the wrong reasons.

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International Law, Human Rights Alexander Alvarez International Law, Human Rights Alexander Alvarez

Population Displacement and Genocidal Violence in an Age of Climate Change

Climate change and the related crime of ecocide have increasingly been the focus of academic and public attention. As once stable weather patterns become more unpredictable and previously rare weather events become more common and more extreme, we are belatedly recognizing that the ecological destruction inflicted on the world around us poses a tremendous threat to not just the natural world, but to humanity as well.

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International Law, Human Rights Cristiano d’Orsi International Law, Human Rights Cristiano d’Orsi

Several reflections on the displacement in the Sahel due to climate change

Environmental degradation has become a serious problem in the Sahel, which is disproportionately impacted by climate change, with temperatures rising 1.5 times faster than the global average, and the situation is further aggravated by political instability. It is, therefore, consequential that this entire situation has produced – and is producing – a massive displacement of populations within the region.

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Public Law, International Law, Human Rights Tanveer Rashid Jeewa Public Law, International Law, Human Rights Tanveer Rashid Jeewa

Des objets aux sujets de propriété : Réflexion sur le décalage entre la reconnaissance juridique et sociale des droits des femmes à la propriété foncière en Afrique

Tanveer Rashid Jeewa affirme que ce traitement inhumain vient souvent du fait que les femmes n'ont pas de terre à leur nom et par conséquent, pas de sécurité d'occupation, de logement ou de sécurité économique.

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Public Law, International Law, Human Rights Tanveer Rashid Jeewa Public Law, International Law, Human Rights Tanveer Rashid Jeewa

From objects to subjects of property: Reflecting on the gap between legal and social recognition of women’s rights to land ownership in Africa

Women in Africa are often excluded from inheriting, evicted from their lands and homes by in-laws, stripped of their possessions, and have no choice but to engage in risky and non-consensual sexual practices in order to keep their property. Tanveer Rashid Jeewa argues that this inhumane treatment often comes as a result of women having no land to their name and consequently, no security of tenure, shelter or economic security.

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