01. Global Campus Human Rights Journal

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https://reponew.gchumanrights.org/handle/20.500.11825/27

Global Campus Human Rights Journal (GCHRJ) is established as a peer-reviewed bi-annual publication dedicated to serving as a forum for rigorous scholarly analysis and critical commentary in the fields of human rights and democratisation at the local, national, regional and global levels. We particularly encourage multi- and inter-disciplinary perspectives and a range of methodological approaches. GCHRJ also aims to foster interdisciplinary dialogue and collaboration between stakeholders, including academics, activists in human rights and democratisation, NGOs and civil society. GCHRJ is an open access journal published under the auspices of the Global Campus of Human Rights, and is supported financially by the European Union Commission.

ISSN: 2532-1455

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Submissions should conform to the Author Guidelines as indicated in the GCHRJ Call for Papers and the GCHRJ Style Sheet.

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Global Campus of Human Rights
Monastery of San Nicolò, Riviera San Nicolò, 26 I-30126 Venice Lido, Italy
https://gchumanrights.org

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Check last volume here: Vol. 7(2023)

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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.
Africa’s democratic deficit: the role of the diaspora in bridging the gap between citizens and government

(Global Campus, 2019) Akech, Joseph Geng ; Assim, Usang Maria ; Mutambasere, Susan Chenai ; Ramakhula, Thabang ; Tutlam, Chaan Koang

Africa’s diaspora continues to play an indispensable role in shaping the continent’s social and political landscape. This impact has been felt since the struggle against colonialism to the contemporary challenges of democratisation. Recent developments in technology and the impact of globalisation have further amplified the power of the diasporas to influence events in their home countries. The trend in response by African governments has ranged from exclusion and isolation to cooperation and collaboration. Many African governments have been open to engagement with diasporas to facilitate financial investments, but have been more circumspect in allowing political participation by the diasporas. Can the diasporas play a positive role in facilitating and aiding Africa’s new impetus towards democratisation or will diasporas further fragment some of their already fragile home countries? This article discusses democracy in sub- Saharan Africa against the backdrop of the peoples’ lived realities, and explores the role of the diasporas in addressing challenges peculiar to the African context. It is argued that diasporas play a significant role in forging the development of democracy in their homelands. The article engages four claims to interrogate this position. First, it contextualises democracy as a reality in Africa. Second, it closely considers the participation by the diasporas. The third aspect involves an evaluation of Africa’s legal and political frameworks, followed by the proposal for a collaborative approach towards the diasporas, to improve democratisation in Africa. As such, the research question that the article seeks to answer is whether the diasporas play a role in forging the development of democracy in Africa. With the aid of a desktop approach that draws on experiences from selected countries, the article maps the way forward in fostering a better Africa’s diaspora continues to play an indispensable role in shaping the continent’s social and political landscape. This impact has been felt since the struggle against colonialism to the contemporary challenges of democratisation. Recent developments in technology and the impact of globalisation have further amplified the power of the diasporas to influence events in their home countries. The trend in response by African governments has ranged from exclusion and isolation to cooperation and collaboration. Many African governments have been open to engagement with diasporas to facilitate financial investments, but have been more circumspect in allowing political participation by the diasporas. Can the diasporas play a positive role in facilitating and aiding Africa’s new impetus towards democratisation or will diasporas further fragment some of their already fragile home countries? This article discusses democracy in sub- Saharan Africa against the backdrop of the peoples’ lived realities, and explores the role of the diasporas in addressing challenges peculiar to the African context. It is argued that diasporas play a significant role in forging the development of democracy in their homelands. The article engages four claims to interrogate this position. First, it contextualises democracy as a reality in Africa. Second, it closely considers the participation by the diasporas. The third aspect involves an evaluation of Africa’s legal and political frameworks, followed by the proposal for a collaborative approach towards the diasporas, to improve democratisation in Africa. As such, the research question that the article seeks to answer is whether the diasporas play a role in forging the development of democracy in Africa. With the aid of a desktop approach that draws on experiences from selected countries, the article maps the way forward in fostering a better Africa’s diaspora continues to play an indispensable role in shaping the continent’s social and political landscape. This impact has been felt since the struggle against colonialism to the contemporary challenges of democratisation. Recent developments in technology and the impact of globalisation have further amplified the power of the diasporas to influence events in their home countries. The trend in response by African governments has ranged from exclusion and isolation to cooperation and collaboration. Many African governments have been open to engagement with diasporas to facilitate financial investments, but have been more circumspect in allowing political participation by the diasporas. Can the diasporas play a positive role in facilitating and aiding Africa’s new impetus towards democratisation or will diasporas further fragment some of their already fragile home countries? This article discusses democracy in sub- Saharan Africa against the backdrop of the peoples’ lived realities, and explores the role of the diasporas in addressing challenges peculiar to the African context. It is argued that diasporas play a significant role in forging the development of democracy in their homelands. The article engages four claims to interrogate this position. First, it contextualises democracy as a reality in Africa. Second, it closely considers the participation by the diasporas. The third aspect involves an evaluation of Africa’s legal and political frameworks, followed by the proposal for a collaborative approach towards the diasporas, to improve democratisation in Africa. As such, the research question that the article seeks to answer is whether the diasporas play a role in forging the development of democracy in Africa. With the aid of a desktop approach that draws on experiences from selected countries, the article maps the way forward in fostering a better relationship between the diasporas and African governments to improve democratic governance, advocating a collaborative approach that is also cognisant of the important role of civil society in reaching the grassroots. The key findings indicate that while governments are open to engagement with the diasporas in the areas of development and investment, this is not the same in the case of political participation. This is based on the disregard of the minority view as used in the Western model of elective democracy. It is hoped that if consensus is used where the majority considers the positions of the minority, the issue of political participation would be greatly harnessed beyond the current trend.
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.
Climate displacement and the relevance of climate justice: A trend analysis of South Africa, Zimbabwe, South Sudan and Liberia

(Global Campus Human Rights, 2022) Jegede, Ademola Oluborode ; Yeakula, Gerald Dan ; Ater, Justin Monyping ; Nare, Mosupatsila Mothohabonoe ; Fengu, Zanele Christine

Displacement is a major consequence of climate change being faced by populations in Africa, as shown in the experiences of South Africa, Zimbabwe, Liberia and South Sudan. As a response to the injustices and inequalities experienced by vulnerable communities, the concept of climate justice has featured in academic writings and international policy documents on climate change. However, its reflection and application in domestic legal frameworks to the specific situation of climate-induced internal displacement in Africa are scant in academic engagement. Using a doctrinal approach in engaging with existing writings and instruments on displacement and climate justice, the study interrogates the extent to which the legal framework in South Africa, Zimbabwe, Liberia and South Sudan may apply in achieving climate justice for displaced persons. The study demonstrates that whereas there is a recognition of climate justice as a legal response to climate-induced internal displacement in international law, much remains to be achieved in terms of the reflection and application of the existing legal framework at the domestic level. It then makes specific recommendations on how to strengthen existing instruments to achieve climate justice for displaced persons.
COVID-19 must accelerate African push for universal healthcare

(Global Campus Human Rights, 2022) Mayamba, Johnson

“The greatest injustice is the lack of access to equitable healthcare” Dr Martin Luther King Jr. In a bid to achieve equitable healthcare in Africa, a total of 46 African states met in Abuja, Nigeria, in 2001. In what came to be known as the Abuja Declaration, each African state pledged to commit 15 percent of public expenditure to health. More than two decades since the Declaration was signed, only two African countries have reached this target, leaving vast swathes of the continent vulnerable to emerging health crises such as Ebola and COVID-19. Poor response and management is exacerbated by unpreparedness due to lack of research and under-developed infrastructure. Limited healthcare funding has also led to other challenges such as exploitation of patients, especially by private health providers, who see public health crises as money-making opportunities. Unfortunately, even those entrusted with managing public funds dedicated to the response and management of these crises have resorted to corruption. Whilst we tentatively celebrate having finally survived COVID-19, Africa needs to learn lessons from its past and plan for a better future. Firstly, by increasing government funding towards the health sector and secondly by addressing other still-existing challenges to equitable healthcare. This article recommends building resilient healthcare systems; adopting individual and group participation in decision-making processes; and ensuring there is Universal Health Coverage. All these must start with political will and good leadership.
The impact of the global financial crisis on the realisation of socio-economic rights in sub-Saharan Africa: An analysis based on the Millennium Development Goals framework and processes

(Global Campus, 2017-01) Orago, Nicholas Wasonga

The global financial crisis, which affected global trade and investment, did not leave sub-Saharan Africa untouched. The region registered a decline in economic growth in the period after the crisis and experienced ongoing impacts. The article looks at these impacts, focusing on the realisation of socio- economic rights in sub-Saharan Africa using the mechanism of the Millennium Development Goals. It begins by describing the major actors that have played a leading role in economic growth in the region, and the realisation of socio- economic rights. It then focuses on the pre-crisis growth period of 2000 to 2007, examining the drivers of growth in sub-Saharan Africa and how this growth impacted the realisation of socio-economic rights. The article uses the mechanism of the Millenium Development Goals framework and process to measure the achievement of each goal within a high growth period. It finds that while this growth created more resources for the realisation of socio-economic rights, little progress was made in achieving the Millennium Development Goals within that period: The socio-economic conditions of poor, vulnerable and marginalised individuals and groups remained the same. The article then looks at the effects of the global financial crisis on sub-Saharan African economies after 2007, indicating that the crisis had an adverse impact on economic growth, with growth declining to 5.5 per cent in 2008, 3.5 per cent in 2009 and then rebounding slightly to 5.1 per cent between 2013 and 2014 and further to 5.8 per cent in 2015. It says that, although the reduction in economic growth had a great impact on the availability of resources for the realisation of socio- economic rights, an analysis of the MDG progress after the crisis does not show a marked difference from the MDG progress prior to the crisis. The article concludes that, even though the crisis had some impact on the realisation of socio-economic rights, its impact would have been greatly lessened if these sub- Saharan African countries had shown political commitment and developed proper mechanisms for the realisation of these rights.
The influence of the African diaspora on democracy-building processes in countries of residence

(Global Campus, 2019) Gumedze, Sabelo

This article discusses the role of the African diaspora in democracybuilding processes in the African diaspora. The contribution presents a general overview of the sources and causes of the present-day situation of people of African descent in the diaspora and how they impact on their participation in democracy-building processes in the diaspora. The article underscores the critical role which the African diaspora plays and notes the challenges it faces due to the continuing social ills of racism, racial discrimination, Afrophobia, xenophobia and related intolerance. These social ills prevent the African diaspora from effectively exercising their rights to take part in the conduct of public affairs; to vote and to be elected in genuine periodic elections, and to have access, on general term of equality, to public services in their country. A quick scan of what obtains in the African diaspora shows that political participation remains a challenge for people of African descent and there is a need for a concerted effort to address this challenge both at the international and state levels. The contribution also underscores the need for the implementation of the International Decade for People of African Descent as a tool for changing for the better the situation of the African diaspora, particularly in their participation in democracy-building processes. Owing to the historical facts and contemporary migration, the African diaspora is not homogeneous. This presupposes the need to contextualise any strategy aimed at addressing the challenges faced by the African diaspora in democracy building.
The right to development and internet shutdowns: Assessing the role of information and communications technology in democratic development in Africa

(Global Campus of Human Rights, 2019) Nyokabi, Deborah ; Diallo, Naa ; Ntesang, Nozizwe W. ; White, Thomas ; Ilori, Tomiwa

The right to development is generally assessed as an all-inclusive right. It is regarded as a rallying right in which all other rights are mostly realised. The progressive nature of the right to development in realising other rights as a benchmark to a society’s development has become popular even beyond legal jurisprudence to include other qualitative fields of knowledge. The role played by information and communications technology in the realisation of this right has also been acknowledged, particularly in the digital age. However, this progress has not been even across regions in the world. While some regions have experienced a fast-paced development due to ICT, several countries in Africa have been held back due to unfavourable state and non-state policies that have had negative impacts on human rights and democratic development on the continent. This article assesses the impact of ICT on the right to development, particularly as a rallying right, and the way in which the internet, a major component of ICT, has affected the right. The article especially considers the effects of network disruptions on human rights and democratic development that have become rife in the region. This study finds that there have been several human rights violations through ICT by many state and non-state actors in Africa. Most importantly, the article finds that these violations impede the right to development and pose threats to democratic development in the region. A conclusion is based on these findings and proffers feasible solutions to resolve the challenges posed by these violations. Key words: right to development; Africa; information and communication technology; digital age; internet shutdowns; democratic development
Selected developments in human rights and democratisation during 2015: Sub-Saharan Africa

(Global Campus, 2017-01) Killander, Magnus ; Obura, Ken ; Ashenafi, Abiy

This brief overview of selected developments with regard to human rights and democratisation in sub-Saharan Africa in 2015 paints a mixed picture of progress and challenges both at the national and regional levels. The contribution discusses elections held in 2015, accountability for mass atrocities, the protection of LGBTI rights and gender equality. With regard to elections, some may be seen as reflecting the will of the electorate, while others clearly were just meant as a show to endorse a predetermined outcome. With regard to accountability for mass atrocities, heads of state do their utmost to avoid judicial scrutiny. LGBTI rights remain a controversial issue, with some states playing on homophobic sentiments to win political points, at the expense of human rights and the rule of law. In 2015, the AU Executive Council challenged the independence of the African Commission on Human and Peoples’ Rights by directing the Commission to withdraw the observer states granted to the Coalition of African Lesbians. However, at the national level, there have been encouraging judgments, for example with regard to the right of freedom of association of LGBTI groups. Gender equality also remains a contested issue, as illustrated by a case of the Ugandan Supreme Court dealing with the gender equality implications of the bride price.
Selected developments in human rights and democratisation during 2016: Sub-Saharan Africa

(Global Campus, 2017-12) Nyarko, Michael Gyan

This brief overview of selected developments in human rights and democratisation in sub-Saharan Africa during 2016 paints an uneven picture of progress, stagnation and retrogression at the global, regional and national levels. The contribution discusses elections held in 2016 and pertinent jurisprudence on elections and electoral management bodies during the year; accountability for mass atrocities; LGBTI rights; women’s rights; and protests and internet shutdowns. As far as elections were concerned, many were free and fair and led to democratic changes of government, while others were manipulated by incumbents to maintain their stay in power. In terms of jurisprudence in support of democracy, the African Court delivered an important judgment against Côte d’Ivoire on the need to ensure the fair composition of electoral management bodies. With regard to accountability for mass atrocities, the African Union’s onslaught against the International Criminal Court started yielding results, with Burundi, The Gambia and South Africa withdrawing their membership of the ICC, even though The Gambia and South Africa have subsequently revoked their withdrawals. On a positive note, the Extraordinary African Chambers convicted and sentenced former Chad dictator, Hissène Habré, to life imprisonment for atrocities committed between 1982 and 1990. With regard to LGBTI rights, even though the national executive continues to be an impediment, national courts are increasingly taking on the mantle of protecting LGBTI rights, especially in respect of the right to freedom of association and assembly. While the realisation of women’s rights continues to face significant challenges at the national level, the AU showed encouraging signs of its commitment to gender equality, especially in a decision by the AU Assembly to only elect female judges to the African Court in order to ensure the gender balance of the Court. As far as protests are concerned, many states used internet shutdowns as a means of silencing dissent, especially during elections and protests that infringed on rights such as freedom of association, expression and assembly, in addition to substantial financial consequences. Key words: human rights; democratisation; sub-Saharan Africa; elections; LGBTI; gender; women’s rights; internet shutdowns; accountability
Selected developments in human rights and democratisation during 2017: Sub-Saharan Africa

(Global Campus, 2018-10) Nyarko, Michael Gyan ; Makunya, Trésor

Abstract: This article reviews selected developments in human rights and democratisation in sub-Saharan African during 2017. It discusses the presidential elections held in Kenya, Liberia, Angola, Rwanda and Somalia/ Somaliland, noting in particular democratic gains in Liberia, Angola and Somalia where elections resulted in changes of government, which brought in new leadership. It further notes the democratic crises in Zimbabwe, where President Mugabe was removed from power through military intervention, and in the Democratic Republic of the Congo, where instability continued due to efforts by incumbent President Kabila to prolong his term of office. It reports on incidents of protests, recurrent internet shutdowns and interference with the freedom of expression and right of access to information in various African countries. The authors identify the cause of the rift between the African Union and the International Criminal Court as the Al-Bashir warrant issued pursuant to a Security Council Resolution, and recommend that the AU should focus on petitioning the Security Council to withdraws its referral, rather than to persist with its current onslaught against the ICC. In this context, they discuss the decision of ICC Pre-Trial Chamber, which clarified that there is no conflict between article 27(2) and article 98 of the ICC Statute in relation to state parties to the Statute or states referred to the ICC by the Security Council. As far as women’s rights are concerned, the article traces significant normative and jurisprudential gains, in particular the adoption of the Joint General Comment on ending child marriage, the Guidelines on combating gender-based violence and its consequences, and the decision of the ECOWAS Court of Justice against Nigeria denouncing gender-based discrimination as a violation of the right to dignity and non-discrimination. Key words: human rights; democracy; sub-Saharan Africa; elections; mass atrocities; accountability; women’s rights
Selected developments in human rights and democratisation in Africa during 2020

(Global Campus Human Rights, 2021) Makunya, Trésor Muhindo ; Afoyomungu, Olum Lornah ; Azanu, Ruddy Fualefeh Morfaw ; Murden, Davina

The unexpected outbreak of the coronavirus pandemic (COVID-19) has had a significant impact on democracy, constitutionalism and human rights in Africa. Many executive and legislative officials used the pandemic as a powerful excuse to postpone elections without making significant efforts to seek consensus among affected stakeholders as required by human rights instruments. This descent towards tokenistic constitutionalism has gone hand in hand with two types of unconstitutional changes of government, namely the coup d’état in Mali and third-termism in Côte d’Ivoire and Guinea, which together show how the commitment to constitutionalism remains elusive in many countries. Meanwhile, the African Union human rights bodies swiftly devised alternative means to hold their sessions online as it became clear that physical meetings were not possible. The African Commission and the African Court made significant progress in fulfilling their mandates in 2020, for example by revising their rules of procedure to include cutting-edge issues and adopting soft law instruments. These instruments provided significant guidance to state parties in order for their COVID-19 related measures and actions to comply with the African Charter. This article highlights developments in human rights and democratisation in Africa during 2020. The article begins with a discussion of two forms of unconstitutional change of government sanctioned by the African Democracy Charter, before turning to trends in the postponement of elections in many African countries and their implications on constitutionalism. The article then discusses developments within the African Commission and the African Court. The article concludes by arguing that, while the African Commission and the African Court made significant efforts to find innovative ways to fulfil their human rights mandates amid the pandemic, a number of African countries descended into symbolic democracy and constitutionalism.
Selected developments in human rights and democratisation in sub-Saharan Africa during 2019

(Global Campus of Human Rights, 2020) Nyawa, Joshua ; Nyemba, Chisomo ; Nyokabi, Deborah ; Mathenge, Ian ; White, Thomas

This article reviews selected developments in human rights and democratisation in sub-Saharan Africa during 2019. It contextualises the withdrawal of Tanzania from the optional declaration under article 34(6) of the African Court allowing individuals and non-governmental organisations to submit cases directly to the African Court. It notes that while the withdrawal is a painful blow, it is not fatal as the African Commission remains a viable access channel. The authors further commend developments in women’s rights in the areas of child marriage, the protection of pregnant school girls, sexual and reproductive health rights and democratisation, but notes that they are piecemeal in nature and more still needs to be done. The article discusses the monumental judgment nullifying presidential elections in Malawi and its implications for democracy, particularly in asserting the independence of the judiciary in Africa. The article also analyses the killings and persecutions of persons with albinism in Malawi and the need for urgent redress. The authors evaluate the mixed developments in LGBTIQ rights juxtaposing the parliamentary successes in Angola, the judicial victory in Botswana, on the one hand, with the judicial setback in Kenya, on the other. The article highlights the fall of Al Bashir’s regime in Sudan as a remarkable step towards democratisation in Africa. Finally, the authors screen the drawbacks of violence on human rights and democratisation through the case studies of xenophobia in South Africa, the Anglophone Cameroon crisis, violent extremism in West Africa, and civil strife in Ethiopia, urging for an end to bloodshed in line with the African Union’s vision of silencing the guns by 2020. Key words: courts; African Court; Tanzania; democratisation; elections; human rights; same-sex relationships; sub-Saharan Africa; violence; women’s rights
State security, securitisation and human security in Africa: The tensions, contradictions and hopes for reconciliation

(Global Campus, 2017-12) Appiagyei-Atua, Kwadwo ; Muhindo, Tresor Makunya ; Oyakhirome, Iruebafa ; Kabachwezi, Estella Kansiime ; Buabeng-Baidoo, Stephen

External actors have predominantly driven the securitisation agenda in Africa with the architecture traceable to Africa’s immediate post-independence past. This article theorises about a double-faced securitisation process in Africa – ‘securitisation from outside’ influencing ‘securitisation within’. The theoretical framework is used to identify three phases of securitisation in Africa. The first phase started during the Cold War era when Africa was inserted into the Cold War politics to fight proxy wars for either the west or the east. As a result, the big powers overlooked human rights and democratic concerns on the continent and focused on promoting their security interests by propping dictatorial and predatory regimes to do their bidding. The second phase connects with the fall of the Berlin Wall, which brought hope of ending the securitised environment in Africa with its attendant expansion of the political space for civil society and political party activism to flourish. This development resulted in the emergence of the African Union to replace the Organisation of African Unity and to introduce principles that shifted from a state-centred to a human-centred security focus. However, the human security project could not work due to tensions with the securitisation of the development agenda being promoted by the donor community. The third phase is the declaration of the ‘War on Terror’ which has moved the focus toward a ‘risk/fear/threat’ project. In response, most African leaders have adeptly exploited this new environment to their advantage by shrinking the political space and criminalising dissent. The securitized environment has done little to solve many of Africa's development problems. Rather, we see the rollback of advances made with regard to human rights, democracy and respect for the rule of law. The theoretical framework is also employed to do a case study of securitisation in three African countries – Uganda, Nigeria and the Democratic Republic of the Congo. Key words: securitisation; security; human rights; human security; sovereignty

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