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    Recent developments in sub-Saharan Africa during 2018
    (Global Campus of Human Rights, 2019) Budoo, Ashwanee ; Abebe, Adem ; Buabeng-Baidoo, Stephen ; Ashagrey, Henok
    This article highlights selected developments in democracy and human rights in Africa during 2018. While highlighting the progress that Africa has made in relation to democracy in countries such as Ethiopia, Angola, South Africa and Sierra Leone, it demonstrates how the situations in Uganda, Cameroon and Togo continued to be an attack on democracy. It also explains how, despite the lack of focus on democracy in the African Continental Free Trade Agreement, this Agreement can lead to more democratic governance with respect for the rule of law in African countries. It then focuses on developments within the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights and the African Committee of Experts on the Rights and Welfare of the Child. In 2018 these judicial and quasi-judicial human rights institutions have handed down decisions or adopted soft laws with a view to better protecting human rights across the continent. Key words: democracy; human rights; African Commission on Human and Peoples’ Rights; African Committee of Experts on the Rights and Welfare of the Child; African Court on Human and Peoples’ Rights; communications
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    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.
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    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