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    Migration related detention of children in Southern Africa: Developments in Angola, Malawi and South Africa
    (Global Campus of Human Rights, 2020) Rono, Carolyne ; Vries, Kelvin ; Sibanda, Opal ; Gadisa, Girma
    This article examines the laws and practices in Angola, Malawi and South Africa regarding the migration-related detention of children in light of international human rights standards. Detaining a migrant child is in conflict with article 37(b) of the Convention on the Rights of the Child, namely, that detention of a child should be used as a the measure of last resort and for the shortest appropriate time, the principle of the best interests of the child and the right to development. At the African Union level, the African Charter on the Rights and Welfare of the Child serves as the primary human rights instrument that comprehensively guarantees children’s rights. The countries in the case study have ratified both CRC and the African Children’s Charter. Nevertheless, children are deprived of liberty in Southern Africa, with Malawi serving as a transit country and South Africa and Angola mostly as destination countries. While Angola and Malawi lack adequate legal and effective protection of migrant children, South Africa has put in place robust legal guarantees, but in practice migrant children are nevertheless detained. Thus, the article suggests that these countries need to adopt and implement comprehensive child protection policies including alternatives to detention with a view to ensuring improved respect for children’s rights. Furthermore, it emphasises the need for enhancing regional cooperation to curb the problems that children are facing in relation to migration and beyond. Most importantly, states must show the political will not only to adopt protective laws but also to effectively implement these laws in order to create a safer world for children. Key words: children; migration; detention; liberty; Southern Africa
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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