President Mayardit shouldn’t run in the 2024 election: 3 compelling reasons
Posted: 25 April, 2024 Filed under: Mark Deng | Tags: 2024 election, civil war, communal conflicts, deadly violence, democratic right, epidemic of insecurity, incidents of violence, outbreak of violence, population census, President Mayardit, revitalised agreement, South Sudan, Transitional Period, Unification of forces Leave a commentAuthor: Mark Deng
McKenzie Postdoctoral Research Fellow, University of Melbourne, Australia
In my recent article, I discussed how President Salva Kiir Mayardit has vowed to hold the first election in South Sudan in 2024. In this article, I argue that he shouldn’t run in the election. I provide 3 compelling reasons to justify my argument: President Mayardit’s overstay in power, the need for the country to heal without him in power, and his apparent poor health.
Sexual and gender-violence against women in the Sudanese conflict
Posted: 22 April, 2024 Filed under: Joris Joël Fomba Tala | Tags: conflict, gender-based violence, human rights, International Covenant on Civil and Political Rights, International Humanitarian Law, rape, Rapid Support Forces, refugee women, reproductive health, Sexual and gender-violence, sexual violence, socio-economic development, Sudan, Sudanese conflict, torture, United Nations Convention against Torture and Other Cruel and Degrading Treatment or Punishment, women’s rights Leave a commentAuthor: Joris Joël Fomba Tala
Researcher, Centre for International and Community Law
Introduction
The conflict that broke out in Sudan (Republic of Sudan) on 15 April 2023 between two rival military factions has had disastrous consequences for women. Dubbed the “war of the generals”, the conflict pits Sudan’s armed forces against the Rapid Support Forces (RSF). In its 2024 report, UNFPA said it was very concerned about the escalation of cases of gender-based violence in the Sudanese conflict. This particularly alarming against the background of an already dire situation of women’s rights in Sudan before the outbreak of hostilities, as the Special Rapporteur on violence against women reported about Sudan in 2016. Almost a year after, the fighting continues in the main cities of Sudan, but the fact remains that Sudan still has no functioning government. UN Women says it is “shocked and condemns reports of increasing gender-based violence in Sudan, including conflict-related sexual violence against women and displaced and refugee women”. In the same vein, UN Women Africa expressed its deep concern about the serious consequences of the Sudanese conflict on women and girls and called for immediate action against the violence they face. However, in a context of armed confrontation, it is undeniable that both parties do not respect international legal standards and commit serious violations against women and girls. This article discusses the application of the relevant legal rules for the protection of women applicable to the Sudanese conflict. The first section will identify these rules. The article will then analyse the various forms of sexual and gender-based violence prevailing against women and finally make proposals for better protection of women in the Sudanese conflict.
Beyond obligation: The more reasons why States should keep reporting to the African Committee of Experts on the Rights and Welfare of the Child
Posted: 15 April, 2024 Filed under: Adiam Zemenfes Tsighe | Tags: advancement of children’s rights, African Charter on the Rights and Welfare of the Child, children’s rights, concluding observations, follow-up visits, National Human Rights Institutions, periodic reports, recommendations, State Party reporting Leave a commentAuthor: Adiam Zemenfes Tsighe
Technical Expert, African Committee of Experts on the Rights and Welfare of the Child (ACERWC).
Adopted in 1990 by the then Organisation of African Unity (OAU), the African Charter on the Rights and Welfare of the Child (the Charter), as of March 2024, has been ratified by 50 Member States of the African Union; Morocco, Saharawi Arab Republic, Somalia, South Sudan, and Tunisia are yet to ratify. Pursuant to article 43 of the Charter, Countries that have ratified the Charter are required to submit reports on the status of the implementation of the provisions of the Charter two years after ratification and every three years thereafter. The African Committee of Experts on the Rights and Welfare of the Child (ACERWC/Committee), established under article 32 of the Charter, assumes the mandate to receive and consider such reports. As of February 2024, 42 State Parties have reported to the Committee at least once while 8 State Parties have not submitted any report namely, Cape Verde, Central African Republic, Democratic Republic of Congo, Equatorial Guinea, Gambia, Libya, Mauritius, and Sao Tome and Principe. Among the 42 State Parties that have reported, 23 of them have submitted periodic reports of which 6 State Parties have submitted their second periodic reports. These 6 Countries are Burkina Faso, Kenya, Niger, Rwanda, Senegal, and South Africa. Rwanda has the highest number of reports by submitting its third periodic report to the Committee.
South Sudan is set to hold its first election in 2024: 3 critical preconditions for the election
Posted: 4 April, 2024 Filed under: Mark Deng | Tags: 2024 election, arms proliferation, civil war, communal conflicts, deadly violence, democratic right, epidemic of insecurity, incidents of violence, outbreak of violence, population census, revitalised agreement, South Sudan, Transitional Period, Unification of forces 1 CommentAuthor: Mark Deng
McKenzie Postdoctoral Research Fellow, University of Melbourne, Australia
South Sudan was supposed to hold its first election as an independent country in 2015. However, a civil war erupted in 2013 that threw the country into a deep state of insecurity, inevitably altering the government’s priorities. Restoring peace urgently became the focus for the government.
The government and other parties to the war signed the revitalised agreement in 2018, paving the way for the establishment of the current unity government at the beginning of 2020. The unity government was given a 3-year tenure – the transitional period. This was extended in 2022 for 2 more years to give the parties enough time to resolve critical issues outstanding in the revitalised agreement.
Behind Bars: Understanding the Ramifications of Charging Defendants under the Criminal Code Law of Akwa Ibom State 2000 as against the 2022 Revised Law
Posted: 2 April, 2024 Filed under: Abasiodiong Ubong Udoakpan | Tags: 2000, ACJL, Administration of Criminal Justice Law, Boniface Adonike v. The State, Constitution of Nigeria, Laws of Akwa Ibom State, miscarriage of justice, newly enacted legislation, Nigeria, repealed law, Revised Law, The Criminal Code Law, written existing law Leave a commentAuthor: Abasiodiong Ubong Udoakpan
Human Rights Attorney, Gender-Based Violence Specialist, Public Servant
Introduction
This article stems from an incident I witnessed in court while I was present to oppose a bail application of a defendant accused of defiling a 17-year-old girl. During the proceedings, a question arose from the bench regarding the necessity of amending a charge to align with the provisions of newly enacted legislation. While a senior colleague attempted to offer guidance to the Court on this matter, respectfully, her response was not thorough. Consequently, recognising the importance of providing clarity and insight on such a crucial legal issue, I deemed it prudent to draft a legal opinion addressed to the Honorable Justice before whom I appeared.
I was also humbled to discover that the judge found value in the arguments I presented within the legal opinion. Below is an excerpt from that document.
Beyond the ballot: AI, voter rights and the future of elections in Africa
Posted: 28 March, 2024 Filed under: Bonolo Makgale | Tags: Access to Information, AI technology, Artificial intelligence, democracy, democratic engagement, digital democracy, digital technology, digital transformation, elections, electoral fraud, Fake News, governance, inequality, information age, right to vote, socioeconomic status, technological challenge, user-friendly interfaces, voter rights, Yiaga Africa Leave a commentAuthor: Bonolo Makgale
Centre for Human Rights, University of Pretoria
Introduction
The year 2024 is an extraordinary year for elections in all its hazardous glory as it sets the record for the greatest number of people living in countries that are holding elections. More voters than ever in history will be heading to the polls in at least 64 countries representing a combined population of about 49% globally. Many of these votes will test the limits of democracy, while others will be exercises in rubber-stamping and the results of which, for many, will prove consequential for years to come. Yet, these elections are taking place against the backdrop of a relentless global evolution of digital technology which has ushered in a new era of unprecedented challenges in the democratic and political space. In an era of data manipulation and the growing influence of artificial intelligence, democracy stands at a critical crossroads.
Threats to #EndFGM Law in The Gambia
Posted: 22 March, 2024 Filed under: Musu Bakoto Sawo, Satang Nabaneh | Tags: ACERWC, African Commission and the African Committee of Experts on the Rights and Welfare of the Child, anti-FGM campaigners, bodily integrity, cultural heritage, female circumcision, female genital mutilation, fgm, gender-based violence, human rights, Imam Abdoulie Fatty, international outcry, lack of information, legal instruments, Maputo Protocol, Private Member’s Bill, protection of human rights, religious beliefs, The Gambia, Women's Act of 2010, Women’s (Amendment) Act of 2015, Women’s (Amendment) Bill 2024, Yahya Jammeh 16 CommentsAuthor: Satang Nabaneh Legal Scholar & Human Rights Practitioner |
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Author: Musu Bakoto Sawo Gambian feminist and human rights lawyer |
In 2015, The Gambia introduced legislation banning female genital mutilation (FGM) through an amendment of the Women’s Act of 2010, following decades of advocacy and sensitization efforts led by civil society organisations (CSOs) and community groups. Section 32A of the Women’s (Amendment) Act of 2015 makes it an offence for any person to engage in female circumcision. Whoever contravenes it is liable on conviction to a term of imprisonment of three years or a fine or both. The Act also stipulates a life sentence when the circumcision results in death. Section 32B (1) addresses those who commission the procedure, stipulating that ‘a person who requests, incites or promotes female circumcision by providing tools or by any other means commits an offence and is liable on conviction to imprisonment for a term of three years or a fine of fifty thousand Dalasis or both’. In addition, a fine of ten thousand Dalasis (approximately $153) as provided in section 32B (2) of the Act is levied against anyone who knows about the practice and fails to report it without a good cause.