In celebration of the 20th anniversary of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol), ALM will be running a series reflecting on its progress and challenges. We will bring to you blog posts authored by women’s rights experts from the region providing commentary on various aspects of the Protocol.

Same-sex unions are currently not performed in Namibia. However, last month, the Namibian Supreme Court held that the Namibian government should recognize same-sex marriages conducted outside Namibian jurisdiction. In this article, Mahima critically analyzes the judgment of the court in Digashu and Others v GRN and Others; Seiler-Lilles v GRN and Others, bringing to the fore human rights issues, and comparativism in judicial reasoning.

In the second of a two-part series focused on the contested presidential election in Nigeria, Ugochukwu Ezeh argues that the timeous judicial determination of electoral disputes is crucial to ensuring that leaders possess credible and legitimate democratic mandates.

In the first of a two-part series of blog posts focused on the contested presidential election in Nigeria, Ugochukwu Ezeh considers the existing electoral dispute resolution system and argues that it leaves much to be desired.

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.

Towards the end of February 2023, Vanuatu and 18 other States formally uploaded the final Draft Resolution requesting an advisory opinion on climate change from the International Court of Justice (ICJ). This draft resolution was officially adopted on the 29th of March. Dr. Tracey Kanhanga explains why it was important for African States to co-sponsor Vanuatu’s Draft Resolution and vote for its adoption as well as the potential impact that the advisory opinion will have in strengthening domestic climate change regulatory frameworks.

A “SLAPP” suit is strategic litigation against public participation and has its origin in the United States of America and Canada. Courtney Jones discusses the application of the SLAPP defence in South African law following the Constitutional Court’s judgment in Mineral Sands Resources (Pty) Ltd v Reddell.

The agency problem arises when people in positions of authority fail to act in the best interests of the people they represent. To address this issue, it is necessary to ensure that decisions are not solely made by those in power. Ben Nyabira argues that solutions to this problem lie in public participation.

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.

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.

Mari Margil reflects on the shift towards a new system of law in which the rights of nature – including that basic right to even exist – are respected and protected.

Despite being lauded for having one of the most progressive constitutions in the world, South Africa's  climate policies and legislation are arguably retrogressive. This is clear in their central concern for a brand of development that is premised on the historical development trajectories of the Global North. Camilla Hyslop argues that it is time to write an African response to climate change, which is progressive, decolonial and inherently inclusive.

Women in African prisons endure abuse, violence, endemic overcrowding, inadequate food, and poor hygiene and sanitation. Sohela Surajpal examines this problem and argues that a feminist movement committed to protecting and empowering the most marginalised among us must look to alternative visions of safety and justice that a divestment from carceral politics might offer us.

Covid-19’s potentially devastating impact motivated unrivalled global efforts to develop vaccines, which the World Health Organization (WHO) identified as the most effective protection against the disease. Although largely viewed positively, there has been notable mistrust and hesitancy due to concerns about health-related risks associated with Covid-19 vaccines. This has raised questions in the employment context as some employers have quickly moved towards making vaccines mandatory.

When it comes to assessing the legacy of the Zondo Commission in South Africa, what might success look like?