Browsing by Subject "Africa"
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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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    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.
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    Between guns and roses, did foreign aid forget about human rights? The paradox of conducting a joined-up approach of development and security. A case study of the European Union development policy “securitisation” in the Sahel region.
    ( 2020) Ninnin, Noémie ; Nowak, Karol
    Given the evolving global political-economic landscape, the combination of security and development goals has grown on the international scene as a promising practice in many areas such as conflict prevention, fight against terrorism and migration management. The European Union is now arguing that for greater policy coherence security and development should be treated as complementary agendas leading to a worrying “securitisation” of development policies. This paper analyzes how the joined-up approach to development and security interferes with human rights fulfillment. This question is answered through a case study of the EU practice in the Sahel region with a focus on three EU instruments- the IcSP, the APF and the EUTF- using both EU official documents and academic literature as a tool of analysis. Although the inherent interrelation of security and development isn’t denied, the thesis opts rather for a critical analysis that aims to point out the problematic elements of the development-security nexus and the paradox risen into development policies standing between discourse and implementation. To this end, it approaches the human rights paradigm within the scope of risk analysis based notably on alarming assertions of researchers and non-governmental organisations. As a result, the paradox revealed is how the development and security nexus is widely assumed as if a convergence of the two areas were obvious, even though they may differ in many aspects. Accordingly, the seek of coherency for the EU when emphasizing security and development purposes together, can in fact lead to contradictions in the delivery of development aid for the receiver country. Such a comprehensive approach tends indeed to put the fight against terrorism, transnational crime and curbing migration along with poverty reduction, which, first, justify to finance military and security actors in the name of development and, second, presents inconsistencies regarding both their timeframes and potential divergent objectives. Consequently, the possible adverse effects are mostly envisaged in this paper according to whether or not security is conceived through a traditional or human approach when pursuing development policies. In line with the EU security interests, the integration of a security paradigm into development policies might lead to undermine development goals and disregard the receivers’ local dynamics and perspective on security. Aligning aid allocation and conditionality with the EU security model imply a “top-down securitisation" under development policies. While the dangerousness of such external policy lies in the potential militarisation and support to dubious regimes security forces, the thesis demonstrates how individuals can be finally put in a more insecure situation and their human rights being undermined. Therefore, the present research emphasizes that if a bridging approach of security and development is framework according to UNDP conception of human security and human Development, focusing mostly on freedoms, it would consequently take better the path of human rights protection and fulfillment. To mitigate the adverse impacts and unwanted consequences of a development policy securitisation, the thesis advocates the need to assess more in-depth vulnerabilities and Human Rights law compliance while calling for a human-rights-based approach to development. Ultimately, the resilience notion represents a great path to follow as it can be a truly mean to de-securitised poverty as well as promoting internal conceptions and capabilities. Keywords: securitisation, development, aid, human rights, human security, human development .
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    Blown by the west wind: neocolonialism and the impacts on African women
    ( 2006) Rambolamanana, Vony ; Bottiglieri, Ilaria
    Since the colonisation of African countries and the slave trade, African women have been continuously deprived of their basic human rights. They lost their right to selfdetermination, the right to enjoy the benefits of their work and the natural resources of their lands, the right no to suffer from racial and gender discriminations, the right to health, the right to human dignity, the right to political participation, the right to be freed from violence, the right to be freed from slavery and exploitation, in general the right to enjoy their human rights on an equal basis. These human rights violations are sustained by neocolonialism which allows new forms of control of their lives. The postcolonial approach of this work is a means to highlight the roots of the problems that are to be found in history, but also it proves along the study that their sufferings are 12 directly linked to the white male supremacy which ensured for centuries the constant inferiority of African women through racist and sexist ideologies. Indeed, an analogical analysis thanks to postcolonial authors and theories evidence the similarities in attitudes, policies and ideologies between the colonial and postcolonial era which engender the denigration of African women. Different illustrations of this statement such as globalisation, international sexual tourism, discriminations and failed integrations are tackled thus displaying the historic, economic and sociologic factors of these neo-colonialist phenomena, the consequences for African women and more importantly the remedies for their empowerment.
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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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    China in Africa: bracketing human rights?
    ( 2008) Mersch, Celine Zaza ; Finlay, Graham
    The rise of China, as a great economic power, is nowhere as evident as on the African continent. For Africa, China has been a trading partner, a donor, a builder and an investor. While African governments perceive China’s emergence as a welcome alternative to Western policies, the West sees its engagement as a threat to the advancement of good governance and human rights. This thesis will focus on analysing China’s engagement in Africa and the thereto-linked implications for human rights. Following a review of the evolution of Sino-African relations and its African policy, the study sets out to examine China’s response to Western criticism and expectations. It finds that China has acknowledged its international responsibility as global player and taken the first steps to review and adapt its Africa strategy in some sectors towards integrating a more people-to-people approach. Nevertheless, stronger coordination and cooperation on the implementation and promotion of human rights and other standards between Africa, China and the West remain crucial in order to improve progressive development in Africa. As in future China’s involvement is likely to further expand, all stakeholders must ensure that this relationship will bring positive benefit to the people of Africa.
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    Chinas rising impact in Sub-Saharan Africa and the use of child labour: is there room for corporate social responsibility?
    ( 2011) Pinto, Ines Alexandra : Castanheira ; Kenner, Jeffrey
    China‘s increasing rise in Africa has been the topic of many studies and debates in recent years. How Chinese investments and MNEs presence on the continent impact child labour, particularly children‘s right to be free from economic exploitation, and in general African labour standards have, however, received little attention. Drawing on the insights of a country case-study of Chinese mining companies in Katanga, Democratic Republic of Congo, where evidence of exploitation of child labour has been found, this thesis will start by providing a brief and broad overview of the Sino-African engagement and its main features to contextualize the motives of much of the critique, followed by elaborated considerations on the importance of considering labour rights as human rights as well as to shed some light on the issue of child labour itself through an analysis of the international legal protection, instruments and concerns on the issue. Finally, the aim of this study is, therefore, to examine whether or not there is indeed a role for corporate social responsibility to play in Sino-African economic partnership. The already existing conceptions of corporate social responsibility (CSR) will probably need to be adjusted in order to reflect the real Sino-African context and include prominent issues, such as child labour. In this context, a non-exhaustive analysis of possible codes of conduct will be identified to highlight the trends with regard to CSR, particularly in relation to children. Initiatives and standards that may be used as a basis for Chinese companies to further adhere or ground their activities. Moreover, it is concluded that Chinese ‗business culture‘ needs to develop more responsible standards and a higher understanding to uptake CSR standards and practices when operating in Africa
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    Clandestine : an ethnographic account of undocumented migration from West Africa to Europe
    ( 2007) Andersen, Christian Bonlokke Vium ; Douat, Etienne
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    Climate Change and the Future Generation under the African Human Rights System: Fostering Pathways and Partnerships
    (Global Campus of Human Rights, 2021) Jegede, Ademola Oluborode
    The objective of this policy brief is to argue the conceptual and legal bases for the protection of the rights of future generations in the context of adverse effects of climate change and articulate the potential pathways and partnerships necessary for its achievement under the African human rights system (AHRS). In Africa, climate change is not only a reality, it has current and future consequences on the enjoyment of several rights including the rights to life, health, food, water and housing. Yet, it is not clear whether the protection of future generations against the adverse consequences of climate change is possible, and if so, how it may be achieved and advanced under the AHRS. The policy brief shows that there is no conceptual challenge in constructing a claim for the protection of the rights of future generations in the context of climate change. It then explores not only the potentials in key instruments under the AHRS but also shows how the promotional, protective and interpretive mandates of quasi-judicial and judicial bodies of the AHRS may advance the protection of future generations in the light of adverse effects of climate change in Africa. To advance this approach, the policy brief recommends that awareness campaigns, capacity building and empowerment through workshops and trainings at state and regional levels are necessary to equip actors, especially African non-governmental organisations (NGOs), lawyers, human rights institutions, states representatives and mandate holders, on the pathways across the mandates of bodies within the AHRS.
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    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.
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    Climate-induced migration: a threat to peace and security? A regional analysis of the West African Sahel
    ( 2020) Singer, Lino ; Iglesias Márquez, Daniel
    Climate change stipulates a well-known global phenomenon. Global warming has already resulted in dramatic consequences in various parts of our planet, ranging from natural disasters to forced migrations. Countries that are most adversely affected by the climate change are mostly countries already undergoing crises like poverty, resource scarcity or political instability. Media coverage conveys an image of a mass climate-induced migration that leads to the outbreak of multiple armed conflicts. This thesis investigates the influences of climate-induced migration on peace and security in the West African Sahel, one of the most instable political regions, which is simultaneously most vulnerable to climate change implications. The research followed an interdisciplinary cross-literature review approach. However, the conclusion of the research does not prove a causal correlation between climate-induced migration and peace and security in the West African Sahel. The work makes a suggestion to the international community to continue with their efforts in supporting the region to establish a sustaining peace and extend the fight against increasing climate change to mitigate its effects on the livelihoods of local communities in the West African Sahel. Keywords: Climate Change, Climate Migration, Climate-Induced Migration, Peace, Security, Migration, Refugee, International Law, International Human Rights Law, Human Rights
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    Common environmental concerns leading to common strategies? : the cross-regional partnership between Africa and Europe in environmental matters : background and approaches of the development of an environmental human right
    ( 2010) Frischhut, Julia ; De Stefani, Paolo
    The environmental issue in all its variety is currently one of the most important issues on the international community`s agenda – an important aspect thereby is the connection between the environment and human rights. The paper will focus on the two regions of Africa and Europe, as they both picked up the challenge and decided to play a special role in the discourse – for themselves as well as regarding their cooperation in environmental matters. To converge to the topic the paper pictures the respective regions regarding their environmental legislation – on the international, regional and domestic level – as well as the case law decided by their (quasi-) judicial bodies. The main difference between the respective regional human rights regimes is that an environmental peoples right is explicitly contained in the main African human rights document, the African Charter, whereas in the European system the European Commission on Human Rights and the European Court on Human Rights step by step developed different aspects of a human right regarding the environment. Another layer is the illustration of the partnership between Africa and Europe, its development and extent, and the inclusion of the environmental dimension into it.
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    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.
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    Demystifying albinism: an analysis of legal, social, and cultural practices in the Lake Victoria region
    ( 2012) Caviglia, Giorgio ; Lindholdt, Lone
    Albinism, in the Lake Victoria region, presents an interesting case of combined medical and sociological concerns in a particularly degraded environment with profound human rights implications. This research aims to review and synthesize the situation through the collection of data and by addressing the phenomena considering the conceptual framework from both a medical and sociological point of view. It will continue by considering which legal framework is the most feasible in the protection of people with albinism’s rights. I will center around four countries, Burundi, Kenya, Tanzania and Uganda, focusing on the relationship between disabilities and witchcraft related to albinism. An examination of successful practices within the countries and an analysis of developing albino societies in the region will bring me to analyze the conceptual paradigms on disability and refer to them for the classification of attitudes towards albinism.
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    A digital scramble for Africa : US, EU and Chinese influences on internet regulation in Africa and their effects on freedom of expression and the right to privacy
    ( 2020) Fischer, David ; Machado, Jónatas
    Divisive Internet regulation is fragmenting the formerly worldwide web into numerous shards that follow their own rules. The US, the EU and China are influential in shaping regulation even beyond their own jurisdictions, with consequences for human rights, particularly in Africa. This paper argues that, as of 2020, the Western post-9/11 security agenda and uncontrolled digital capitalism had a more detrimental impact on Internet regulation in Africa than the authoritarian Chinese concept of Internet sovereignty, seriously affecting freedom of expression and the right to privacy online. However, particularly authoritarian governments in Africa use China’s economic and political agenda to their advantage, leaving civil societies at the mercy of digitally empowered states. Direct ways of impacting Internet regulation in Africa include loans, development programs or influential laws, whereas indirect means include engagement in multilateral and multi-stakeholder fora. Besides the political and economic interests of states, the datafication agendas of ICT corporations shape Internet landscapes in Africa. An emerging data protection framework pushed by the EU has the potential to mitigate their impact. Other means of protecting human rights require a united approach by the African Union and a deconstruction of digital capitalism and dependence relations between African states and the Global North.
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    The “dirty” side of the European countries, illustrated by their growing e-waste export to Africa and its shameful consequences regarding human rights over there
    ( 2010) Lapenu, Delphine ; Perrakis, Stelios ; Marouda, Maria Daniella
    E-waste, understood as high-tech items discarded, is an emerging international issue that may affect both the environment and human health when it is mishandled. It requires high investments in order to be managed in an environmentally sound manner as it is required by a multitude of legislations. However, today, the majority of e-waste produced in rich countries is exported to developing countries where it is well-known that these poor countries have much lower environmental and social standards. Admittedly, the European Union is the only economic organization today that has adopted binding regulations about e-waste. Nevertheless, the analysis of these latter reveals important shortcomings which still allow a large part of European e-waste to move to Africa. On the other side, this continent, being the poorest of the world, seems compelled to accept these toxic products, but in the detriment of the health of its peoples. In this regard, this thesis aims at assessing the efficiency of the international environmental and Human Rights regimes to protect the health of African peoples. The ultimate objective will consist in determining whether or not the European countries may be held responsible for the adverse effects of their e-waste on African peoples’ health.
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