Afric Law
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The aim of AfricLaw is to contribute towards strengthening African capacity in the field of law, through informed and engaged discussion. As a blog, the strength of the platform will be the immediacy of interaction across a wide geographical area without the need to travel; the aim will not be to take the place but rather to strengthen the role played by initiatives such as academic journals,..
Afric Law
1d ago
Author: 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 ..read more
Afric Law
6d ago
Author: Henok Wolka Worsiso
Senior Human Rights Officer at the Ethiopian Human Rights Commission.
Introduction
The Ethiopian justice system has long been confronted with a multitude of challenges, including issues such as prison overcrowding, limited resources, and a lack of focus on rehabilitation. Traditional sentencing methods, which predominantly rely on punitive measures, have proven to be inefficient in addressing the root causes of crime especially in case of less serious crimes. Thus, exploring alternative punishment methods has emerged as a potential solution to alleviate these concer ..read more
Afric Law
1w ago
Author: 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 ..read more
Afric Law
1w ago
Author: Nimrod Muhumuza
Doctoral researcher
Introduction
Stories about “trials by ordeal” abound in Africa and worldwide. In some parts of the continent, these “trials” still exist – with predictably unjust and sometimes fatal results. Trials by ordeal are capricious and unscientific, and the overall system is poor in evaluating evidence, reasoning, and arguments and arriving at a solid judgment. Today, we have a system of courts that is supposed to bring a certain sobriety, meticulousness, reasoning, and coherent judicial philosophy that rises above the occasional hot-headedness of the legisl ..read more
Afric Law
2w ago
Author: Nyasha Mcbride MpaniSouthern African project leader, Data for Governance Alliance
A few hours after 44-year-old Senegal’s President-elect Diomaye won the hotly contested elections, which had seemed impossible due to outgoing President Macky Sall’s attempt to tamper with the constitution and defer elections to November 2024, a sense of relief swept through Senegal and the region. The elections brought a sigh of relief to a region struggling with a decline in democracy, marked by excessive executive power and a rise in popular coups. His victory comes at a crucial moment and is seen as ..read more
Afric Law
2w ago
Author: Mark DengMcKenzie 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-ye ..read more
Afric Law
3w ago
Author: 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 c ..read more
Afric Law
1M ago
Author: Satang NabanehLegal Scholar & Human Rights Practitioner
Author: Musu Bakoto SawoGambian 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 yea ..read more
Afric Law
1M ago
Author: Lyse Nathalie MenyimanaResearcher and independent consultant
Transitional justice
Transitional justice is a set of mechanisms established in post-conflict settings to deal with massive violations, acknowledge victims’ claims and attempt to deter violations from happening in the future. While recognising the lack of a perfect formula, whether in the definition or sequencing of the mechanisms, transitional justice (TJ) leaves space for every society to find its own way to deal with massive human rights violations (African Union Transitional Justice Policy, 2019).
While ..read more
Afric Law
1M ago
Author: Rehim Baharu ElalaHuman rights attorney and women’s rights advocate
A Somali man should at least have three wives: one to raise the children; a second woman for the housework; and a third one whom he can beat as a warning to the others – An old Somali proverb
The above proverb reflects the societal mindset towards polygamy and the wrong perception towards women’s marital rights. This is besides the cultural and religious influences on women to engage in polygamous marriage both in the Afar and Somali regions. Inequality in the family underlines all other aspec ..read more