Volume 7 No 2

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https://repository.gchumanrights.org/handle/20.500.11825/2741

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    Book Review: Takeh B.K Sendze, Adesola Adeboyejo, Howard Morrison and Sophia Ugwu (eds), Contemporary International Criminal Law Issues: Contributions in Pursuit of Accountability for Africa and the World (T.M.C Asser Press 2023) pp. 452
    (Global Campus Human Rights, 2023) Oyewole, Oriola O.
    This edited book provides a comprehensive analysis of various aspects of the international criminal justice system, focusing on the significance of international criminal law in achieving accountability for Atrocity Crimes in Africa and globally. The contributors examine the complexities and challenges involved in holding individuals accountable for these crimes, addressing concerns about legitimacy, the regionalisation of justice, the application of universal jurisdiction, and the importance of international cooperation. While acknowledging the marginalisation of female experiences in conflict, and the investigation and prosecution of conflict-related sexual and gender-based violence, it underscores the need for a thorough understanding of gender dynamics in conflict-related crimes and advocates for urgent action to address accountability gaps. Interestingly the themes of the book accentuate the sustainability of international criminal law. There is a demand for justice and accountability in Africa, highlighting the importance of engaging in productive conversations to develop and implement successful approaches to achieve these objectives.
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    Montenegro, a secular state? A discussion on the power of the Serbian Orthodox Church in Montenegro
    (Global Campus Human Rights, 2023) Pasić, Nejira
    This paper is concerned with explaining the reason for and how the Serbian Orthodox Church (SOC) managed to influence the perceptions of half of the population in Montenegro, thereby impacting the voting outcome of the 2020 parliamentary elections. The paper presents a historical overview of the political and religious situation in the country, focusing on the two main orthodox churches- the Serbian Orthodox Church and the Montenegrin Orthodox Church (MOC), as well as their relationships with the government of Montenegro and the president, Milo Đukanović specifically. The reason for the discussion between the SOC and the government was the passing of the law on the freedom of religion and legal property, article 52 to be exact. The paper also provides an insight into the agendas and rhetoric of both the SOC and MOC, as well as the Đukanović government. To address this issue properly, this paper combined various legal documents, such as the Constitution of Montenegro and the law of the freedom of religion and legal property issued in 2019, with various regional and global news outlets that reported on this heated argument between the two parties. The paper also provides an insight into the agendas and rhetoric of both the SOC and MOC, as well as the Đukanović government. Lastly, it serves as a study of the influence of religious institutions on democratic processes. The work concludes that the SOC in Montenegro still has a growing influence that has recently been exercised to impact their position and power through the shaping of public opinion.
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    The construction of global citizenship and human rights through graffiti in Europe
    (Global Campus Human Rights, 2023) Gutiérrez-Vicario, Marissa
    The article explores hip-hop culture’s global impact, specifically focusing on graffiti art to shape global consciousness and human rights education among youth. Originating in the Bronx in the 1970s, the art form of hip-hop emerged as a unifying force in traditionally marginalised communities and communities of colour, transcending borders to become a catalyst for social change around the globe. Emphasizing graffiti’s significance within hip-hop, the article delves into its role as a voice for marginalized communities and a form of resistance against societal norms. It examines how graffiti fosters a sense of global consciousness and reinforces human rights among young artists, particularly in the German hip-hop scene, creating inclusive communities and diverse spaces. The article examines specific educational initiatives like Hip Hop Mobil and the Graffiti Research Lab in Germany. It discusses how these initiatives have played pivotal roles in educating youth about hip-hop culture, using technology, and fostering cross-cultural connections through digital graffiti. Furthermore, the article raises critical questions about the future of graffiti, especially in its integration with digital technologies, and its potential to democratize public spaces further. Lastly, this article considers the evolving nature of graffiti to expand public participation, shape a collective global identity among youth, and help reinforce human rights within communities. In essence, the article highlights hip-hop culture’s transformative power, focusing on graffiti art as a tool that empowers marginalized community members, fosters a global sense of belonging, and encourages human rights activism among the younger generation while examining the trajectory of graffiti amidst technological advancements.
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    A prolegomenon on deepfakes and human rights in the African Charter
    (Global Campus Human Rights, 2023) Jimoh, Mujib
    Deepfake, the manipulation of videos, audio and images using Artificial Intelligence (AI) technology, is popularly gaining attention in different areas of law since its first creation in 2017. Recent scholarships have considered its impacts on evidence law and proofs in courtrooms. Other areas of law that have been tested with deepfake include criminal law, torts, intellectual property and national security law, among others. In Africa, one of the challenges in addressing issues relating to deepfake is illiteracy. Most Africans are said to be ignorant of what deepfake is. Yet, with its nature and as a form of AI, deepfake impacts almost all known human rights since human rights are interdependent and interrelated. This paper seeks to introduce and underscore the impacts of deepfake on human rights in Africa, particularly the rights contained in the African Charter on Human and Peoples’ Rights (African Charter). Although an analysis of the impact of deepfake on all the rights contained in the African Charter is outside the scope of this paper, the most impacted human rights—the right to dignity, privacy and information—will be discussed. As a prolegomenon (introduction) on this topic, the paper aims to highlight the human rights violations in the creation of deepfakes in Africa. The paper argues that while most deepfakes are created by private individuals, under the ‘duty to respect’ framework of human rights, both individuals and State Parties have obligations to respect human rights.
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    The paradox of child participation in child labour: An interface between statutory and customary child labour laws in Malawi
    (Global Campus Human Rights, 2023) Mauluka, Gift ; Kaime, Thoko
    The ratification of the International Labour Organisation’s Convention 138 on Minimum Age and Convention 182 on the Worst Forms of Child Labour, as well as the enactment of the Employment Act, 2000 and the Child Care, Protection and Justice Act, 2010, among other critical legislation by the Malawi government, was a contribution towards the elimination of child labour. These efforts have been complemented by the reinforcement of customary laws and an inclusive formulation of rules and regulations set by traditional and religious leaders at the community level. Despite these efforts, child labour is on the rise. The interface between statutory and customary laws in the fight against child labour raises questions about the contributions that each of them or their combination is making in ending child labour. This paper examines various reasons and tensions associated with the application of these laws, simultaneously or independently, in the effort to combat child labour. Application of weak legal pluralism, where modification of the existing norms and practices is allowed while allowing room for input from statutory law, is being suggested as one of the ideal integrations of laws in the fight against child labour and ensuring their meaningful participation.
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    The prohibition of the Russian Orthodox Church in Ukraine: Emergency and human rights
    ( 2023) Halieiev, Yaroslav
    This article aims to determine the evolution of the national security clause as a legal ground for the dissolution of religious organisations, in particular, the Russian Orthodox Church in Ukraine (ROCU) in Ukraine. The assessment is conducted through the prism of Art. 9 and Art.11 of the ECHR and purports to establish the conformity of the Ukrainian legislature with the ECHR. Apart from that, the article elaborates on the interplay between emergency law, martial law, and legislative amendments concerning the status of the Church. I argue that the ROCU matter has been securitised in two stages. Firstly, during the presidency of the fifth President of Ukraine, in 2018-2019, when the Ukrainian independent church was created under “national identity” and “national security” slogans. Later, in the aftermath of the Russian invasion of Ukraine in 2022 when, a spark of investigations showing collaboration between some representatives of the ROCU and Russia led to the weaponisation of the ROCU. Consequently, the national legislature has been amended to reflect on these issues. I submit that the Russian invasion of Ukraine in 2022 allowed the introduction of martial law as an emergency regime, under which Ukraine was able to derogate from major human rights instruments, including ECHR. Derogations allowed Ukraine to expand its margin of appreciation. However, the ECHR can exercise post-factum control on the measures taken in times of emergency. I believe that prohibiting the ROCU’s activities by legislative act will result in grave interference under the ECHR. Additionally, such a prohibition can fail to meet the requirements of the proportionality test, considering the current Ukrainian legislature. Also, the legislative changes raise the matter of attribution between the representatives of the ROCU and the ROCU as a religious organisation.
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    Universities’ responsibilities to respect and protect human rights transnationally: A critical discussion of collaboration and exchange between the UK and China
    (Global Campus Human Rights, 2023) Genoud, Christelle ; Pils, Eva
    Engaging with a debate on universities’ responsibilities to protect human rights amidst rising concern about the influence of autocratically governed China, we argue that the United Nations Guiding Principles on Business and Human Rights apply to universities, be it because universities are business enterprises, or because the principles contained in the UNGP are a fortiori relevant to universities. Drawing on the example of UK universities, we show that the UNGP are relevant for universities as “education providers and exporters” to protect academic freedom against China’s transnational repression. A review of selected current ‘hard’ and ‘soft’ law documents shows not only that to protect academic freedom, there is a need to further concretize the UNGP for the higher education sector, but also that effective protection requires corrections to universities’ overly commercialised funding structures.