Podcasts about african court

This week we're looking a possible case on climate change before the African Court of Human and Peoples' Rights (and asking our guest Yusra Suedi how it fits in with other cases before international legal bodies that involve climate change and trying to hash out states' obligations. Do like, subscribe and leave us a review. Want to find out more? Check out all the background information on our website including hundreds more podcasts on international justice covering all the angles: https://www.asymmetricalhaircuts.com/ Or you can sign up to our newsletter: https://www.asymmetricalhaircuts.com/newsletters/ Did you like what you heard? Tip us here: https://www.asymmetricalhaircuts.com/support-us/ Or want to support us long term? Check out our Patreon, where - for the price of a cup of coffee every month - you also become part of our War Criminals Bookclub and can make recommendations on what we should review next, here: https://www.patreon.com/c/AsymmetricalHaircuts Asymmetrical Haircuts is created, produced and presented by Janet Anderson and Stephanie van den Berg, together with a small team of producers, assistant producers, researchers and interns. Check out the team here: https://www.asymmetricalhaircuts.com/what-about-asymmetrical-haircuts/

The African Court on Human and Peoples' Rights is holding a public hearing in Tanzania, on a case filed by DR Congo against Rwanda. The country accuses Rwanda of violating its sovereignty, orchestrating violence, and destabilizing the DRC. Rwanda denies the accusations. How significant is this? Also, a look at the growing economic partnership between the United Arab Emirates and Zimbabwe. What difference does it make to ordinary Zimbabweans?And why a separatist fighter in Cameroon handed over his weapons to become a teacher..Presenter: Charles Gitonga Technical Producer: Phillip Bull Producers: Sunita Nahar, Stefania Okereke, Yvette Twagiramariya and Bella Hassan Senior Journalist: Karnie Sharp Editors: Andre Lombard and Alice Muthengi

A UNICEF official said at least 40 children were killed by bombings over three days in several parts of Sudan, calling it a "stark" example of the threats facing young people in the war-torn country. Plus, Kenya says its Haiti mission is still on despite a U.S freeze on funding. Lawyers for people with albinism in Tanzania say they are pleased with the ruling of the African Court on Human and Peoples' Rights concerning the treatment of albinos. The M23 rebels who seized the eastern Democratic Republic of Congo city of Goma last week are said to be gaining new ground despite their declaration of a unilateral ceasefire. For these and more, tune in to Daybreak Africa!

Lawyers for people with albinism in Tanzania say they are pleased with the ruling of the African Court on Human and Peoples' Rights concerning the treatment of albinos. The case was brought against the Tanzanian government last year. The plaintiffs alleged that the country has failed to protect persons with albinism from persecution, including attacks, killings and mutilations. In its ruling, the court ordered the government to revise its laws to distinguish between traditional healers and witch doctors. The court said attacks on people with albinism are often linked to witchcraft. The court also instructed the government to establish a compensation fund for moral damages suffered by people with albinism. Michael Nyarko, deputy director of the Institute for Human Rights and Development in Africa and one of the lawyers for the plaintiffs, tells VOA's James Butty, the ruling is received with optimism

On Daybreak Africa: Namibia's ruling SWAPO party was declared winner Tuesday of last week's disputed elections. The announcement ushers in the southern African country's first woman president after a disputed vote that the main opposition has already said it does not recognize. Plus, President Joe Biden continues his visit to Angola Wednesday. The Democratic Republic of Congo announces its intent to sue Rwanda at the African Court on Human and Peoples' Rights. Kenyan banks are urged to employ more people with disabilities to boost inclusion and service delivery. Spain plans to regularize 900,000 undocumented migrants as new arrivals surge. A Brussels Court of Appeals ruled this week that Belgium committed crimes against humanity in the Belgian Congo during the colonial period. A declaration of martial law in South Korea comes as a surprise to Washington. For these and more, tune in to Daybreak Africa!

A Brussels Court of Appeals this week ruled that the Belgium government committed crimes against humanity during colonization for its treatment of Métis, or mixed-race children, during colonial rule in Belgian Congo, now the Democratic Republic of Congo. The case was brought by five Metis women born in the then colony between 1948 and 1952. Like thousands of Métis children born to European fathers and African mothers, they were taken from their Congolese mothers, forcibly placed in religious institutions and later abandoned. Geneviève Kaninda, Advocacy & Policy Officer for African Futures Lab which has been tackling global racial injustices across Africa and Europe, tells VOA's James Butty, the court ruling highlights the importance of the right to reparations.

The Democratic Republic of Congo on Tuesday announced its intent to sue Rwanda at the African Court on Human and Peoples' Rights based in Arusha, Tanzania. According to the DRC's Deputy Minister of Justice Samuel Mbemba, the case, which is scheduled for a hearing on February 12, 2025, focuses on allegations of killings, looting, and other violations in the eastern part of the country. Mulengwa Zihindura is the president of the Center for Political and Strategic Studies in DRC and a former spokesperson for President Joseph Kabila. He tells VOA's Douglas Mpuga that there is not much to expect from the court.

On Daybreak Africa: The United States military announced Monday that it has completed its withdrawal from Niger, after coup leaders in the African country demanded that US troops depart. Plus, the UN diverts $8 million in humanitarian funding to Nigeria's flood response. Authorities install air quality monitors around Kenya's capital, Nairobi. Electricity in Zambia is in short supply as the country deals with a drought-driven energy crisis. The African Court on Human and Peoples' Rights hears a case against the Tanzanian government over the treatment of albinos. Malawian President Lazarus Chakwera agrees to be the party's candidate in the 2025 general election. Russia and Iran are looking to snare and sway U.S. voters. For this and more tune in to Daybreak Africa!

The African Court on Human and Peoples' Rights is hearing a case brought against the Tanzanian government over the treatment of people with albinism in the country. Attacks on albinos, including killing for their body parts, is widely documented in some African countries. The plaintiffs allege that Tanzania has failed to protect persons with albinism from persecution, including attacks, killings and mutilations. Michael Nyarko, deputy director of the Institute for Human Rights and Development in Africa and one of the lawyers for the plaintiffs, tells VOA's James Butty, Tanzanian government failed to ensure the universal rights of persons with albinism

In conversation with Zanele Fengu, Mosupatsila Nare and Samrawit Getaneh The episode was hosted by Samrawit Getaneh (HRDA class of 2016, Ethiopia), who welcomed and engaged in a conversation with Zanele Fengu and Mosupatsila Nare (HRDA class of 2022, South Africa and Zimbabwe, respectively). The speakers highlighted that millions of Africans are displaced each year due to climate change related factors and the figures are growing by the millions each year, making the situation grave. Displacements are occurring owing to disasters including floods, droughts, windstorms and wildfires raging across the continent. Additionally, displacements are also occurring due to climate action that aims to conserve carbon sinks without using a rights based approach, thereby displacing indigenous communities from their lands. Various regional legal instruments and policy documents are key in tackling climate displacement and the various challenges that arise with it, one instrument among many is the the Kampala Convention, the first ever legally binding instrument in the protection and assistance of IDPs in Africa. On the other hand, a particularly worrying reality is the potentially devastating effects of a deficient legal system which fails to adequately address the impact of climate change; particularly the lack of consensus on the legal position of climate refugees which leaves this demographic at risk of an array of human rights violations. Hence the need to effectively implement existing laws such as the Kampala convention, but also the imperative to extend protection to climate refugees, was highlighted in the discussion. The speakers concluded by noting the interrelatedness of various challenges posed by the climate crisis and the need for an “all hands on deck” approach in using human rights law to tackle the problems of climate displaced persons.   Zanele Fengu has a keen interest in all things human rights, but particularly refugee law and climate justice. Zanele currently works as a legal researcher at Corruption Watch, the South African chapter of Transparency International. Her work focuses on land and mining rights, as well as governance and leadership.   Mosupatsila Nare is a human rights lawyer. She has experience in the African Human Rights system having served at the African Court on Human and Peoples' Rights in 2023. Currently she works as a Programs Manager at Women's Institute for Leadership Development, a Zimbabwean Civil Society Organisation focusing on women's empowerment and active participation in leadership and governance processes including climate justice.   Samrawit Getaneh is a Senior Child Rights Protection Officer at the African Committee. She is particularly interested in mechanisms of human rights protection, the protection of the rights of vulnerable groups and minority groups, the nexus between human rights and development as well as climate change and human rights. She is also a current PhD researcher at the University of the Western Cape.   This conversation was recorded on 16 May 2024.

In conversation with Chrispin Bosire and Mr Henok Ashagrey Kremte In this episode, Chrispin Bosire, an HRDA alumnus, engages in a thought-provoking conversation with Henok Ashagrey Kremte, a Project Officer with the Expression, Information, and Digital Rights Unit at the Centre for Human Rights, University of Pretoria. Together, they tackle the pressing issue of internet shutdowns and their profound impact on Ethiopia.   Henok provides a comprehensive overview of the current state of internet freedom in Ethiopia, shedding light on the frequency of shutdowns. Drawing on recent events, including a state of emergency and government-imposed shutdowns in the Amhara region, he unravels the alarming persistence of these disruptions. The discussion extends to the situation in Tigray, where Henok explores whether internet services have been restored or remain non-functional.   Venturing into the human impact of these shutdowns, Henok shares poignant case stories, illustrating how individuals in affected areas are directly affected. Beyond personal anecdotes, the episode delves into the legal framework in Ethiopia, examining the rights that could be invoked to contest the government's actions, and discussed the way forward.     Henok Ashagrey is a Project officer with the Centre's Expression, Information and Digital Rights Unit (EIDR), serves as a tutor for the LLM/MPhil in Human Rights and Democratisation in Africa (HRDA) program, and currently pursuing an LLD at the University of Pretoria. Henok has worked previously in various positions in Ethiopia including Lecturer, and Senior Human Rights Researcher.   Chrispin Bosire is an alumnus of the University of Pretoria and holds the LL.M Human Rights and Democratisation in Africa.  He is an Advocate of the High Court of Kenya; a Certified Professional Mediator; and attended the Kenya School of Internet Governance (2021).  He holds a Law Degree (LL.B) from Moi University, a Post Graduate Law Diploma from the Kenya School of Law and is an alumnus of the Young African Leaders Initiative. He is currently a Professional Assistant at the African Court on Human and Peoples' Rights attached to the Head of Legal Department.   This conversation was recorded on 15 December 2023.   Music and news extracts: Inner Peace by Mike Chino https://soundcloud.com/mike-chinoCreative Commons — Attribution-ShareAlike 3.0 Unported — CC BY-SA 3.0 http://creativecommons.org/licenses/b...Music promoted by Audio Library https://youtu.be/0nI6qJeqFcc  limitless https://stock.adobe.com/za/search/audio?k=452592386

Wongel Zelalem reports on a South African court ruling that the government's recognition of the king of the Zulu nation last year was unlawful. --- Send in a voice message: https://podcasters.spotify.com/pod/show/africandiasporanews/message Support this podcast: https://podcasters.spotify.com/pod/show/africandiasporanews/support

On Daybreak Africa: The East African Court of Justice has turned down a challenge to the multi-billion-dollar oil pipeline in Tanzania and Uganda. Plus, South Sudan President tells state governors to implement the 2018 peace deal as the country prepares for elections. Liberia's Anti-Corruption Commission notifies officials of the outgoing administration of President Weah to declare their assets. The European Union will not deploy election observers in the Democratic Republic of Congo because of continuing violence there. U.S. Secretary of State Blinken heads back to Israel Thursday. And a Palestinian restaurant in New York brings Jews and Palestinians together. For this and more tune to Daybreak Africa!

Clement speaks to Advocate Dumisa Ntsebeza, a Judge of the African Court on Human and Peoples' Rights about whether this court established by African countries to protect human rights could be an alternative to the International Criminal Court (ICC).See omnystudio.com/listener for privacy information.

Wongel Zelalem reports on the South African Supreme Court of Appeal dismissing lobby group AfriForum's application to have the banning of the old South African flag overturned. --- Send in a voice message: https://podcasters.spotify.com/pod/show/africandiasporanews/message Support this podcast: https://podcasters.spotify.com/pod/show/africandiasporanews/support

According to the website of the International Service for Human Rights, the United Nations Declaration on Human Rights Defenders defines a human rights defender as anyone working for the promotion and protection of human rights. This broad definition encompasses professional as well as non-professional human rights workers, volunteers, journalists, lawyers and anyone else carrying out, even on an occasional basis, a human rights activist. The Declaration further articulates existing human rights in a way that makes it easier to apply them to the situation of human rights defenders. It specifies how the rights contained in the major human rights instruments, including the right to freedom of expression, association and assembly, apply to defenders. It also outlines the specific duties of States and the responsibility of everyone with regard to defending human rights. With this said, one is reminded that the the frame work to protect and advance the work of human rights defenders is recognised and its importance and relevance are tantamount to protecting people. This is clear. So what of the African Court on the Human and Peoples Rights? On their website, the Court was established by virtue of Article 1 of the Protocol to the African Charter on Human and Peoples' Rights on the establishment of an African Court on Human and Peoples' Rights (hereon referred to as the Protocol). The Protocol establishing the African Court on Human and Peoples' Rights was adopted on 9 June 1998 in Burkina Faso and came into force on 25 January 2004 after it was ratified by more than 15 countries. The mandate of this Court is to complement and reinforce the functions of the African Commission – often referred to as the Banjul Commission), which is a quasi-judicial body charged with monitoring the implementation of the Charter. The Court applies the provisions of the African Charter on Human and Peoples' Rights and other human rights instruments ratified by the States concerned. It does not have criminal jurisdiction like the International Criminal Court. So where are we with this today? In this episode we are joined by Dr Chidi Odinkalu. Dr Chidi Anselm Odinkalu is a Professor of Practice in International Human Rights Law at the Fletcher School. He previously chaired Nigeria's National Human Rights Commission and served on the panel of eminent persons that negotiated the return of The Gambia to the Commonwealth in 2017. Friedrich Naumann Foundation Africa · FNF Africa · S3. Ep 6. The Malabo Protocol on the African Court. Can justice really be served.pdf — PDF (144.3 KB)

According to the website of the International Service for Human Rights, the United Nations Declaration on Human Rights Defenders defines a human rights defender as anyone working for the promotion and protection of human rights. This broad definition encompasses professional as well as non-professional human rights workers, volunteers, journalists, lawyers and anyone else carrying out, even on an occasional basis, a human rights activist. The Declaration further articulates existing human rights in a way that makes it easier to apply them to the situation of human rights defenders. It specifies how the rights contained in the major human rights instruments, including the right to freedom of expression, association and assembly, apply to defenders. It also outlines the specific duties of States and the responsibility of everyone with regard to defending human rights. With this said, one is reminded that the the frame work to protect and advance the work of human rights defenders is recognised and its importance and relevance are tantamount to protecting people. This is clear. So what of the African Court on the Human and Peoples Rights? On their website, the Court was established by virtue of Article 1 of the Protocol to the African Charter on Human and Peoples' Rights on the establishment of an African Court on Human and Peoples' Rights (hereon referred to as the Protocol). The Protocol establishing the African Court on Human and Peoples' Rights was adopted on 9 June 1998 in Burkina Faso and came into force on 25 January 2004 after it was ratified by more than 15 countries. The mandate of this Court is to complement and reinforce the functions of the African Commission – often referred to as the Banjul Commission), which is a quasi-judicial body charged with monitoring the implementation of the Charter. The Court applies the provisions of the African Charter on Human and Peoples' Rights and other human rights instruments ratified by the States concerned. It does not have criminal jurisdiction like the International Criminal Court. So where are we with this today? In this episode we are joined by Dr Chidi Odinkalu. Dr Chidi Anselm Odinkalu is a Professor of Practice in International Human Rights Law at the Fletcher School. He previously chaired Nigeria's National Human Rights Commission and served on the panel of eminent persons that negotiated the return of The Gambia to the Commonwealth in 2017. Friedrich Naumann Foundation Africa · S3. Ep 6. The Malabo Protocol on the African Court. Can justice really be served.pdf — PDF (144.3 KB)

Guest: Aslam Moosajee is a Dispute Resolution Executive at ENS and he joins us to explain the motivation the decision that a parent's duty to support children does not stop when they become adultsSee omnystudio.com/listener for privacy information.

On Episode 3 of the South African Court system, Relebogile is joined by Advocate Lerato Phasha the Practising Member of Johannesburg Society of Advocates  and the member of the Wits Centre For Applied Legal Studies to help us understand how the High Court functions.See omnystudio.com/listener for privacy information.

 Puke Maserumule | Labour Law Specialist at Maserumule AttorneysSee omnystudio.com/listener for privacy information.

  Daven Dass - Director at the Wits Law Clinic and Supervising AttorneySee omnystudio.com/listener for privacy information.

Defamation (also known as calumny, vilification, libel, slander, or traducement) is the oral or written communication of a false statement about another that unjustly harms their reputation and usually constitutes a tort or crime. In several countries, including South Korea, a true statement can also be considered defamation. Under common law, to constitute defamation, a claim must generally be false and must have been made to someone other than the person defamed. Some common law jurisdictions also distinguish between spoken defamation, called slander, and defamation in other media such as printed words or images, called libel. In the United States, false light laws protect against statements which are not technically false but are misleading. In some jurisdictions, defamation is also treated as a crime. The United Nations Human Rights Committee ruled in 2012 that the libel law of one country, the Philippines, was inconsistent with Article 19 of the International Covenant on Civil and Political Rights as well as urging that "State parties should consider the decriminalization of libel". In Saudi Arabia, defamation of the state, or a past or present ruler, is punishable under terrorism legislation. Overview. As of 2017, at least 130 UNESCO member states retained criminal defamation laws. In 2017, the Organization for Security and Cooperation in Europe (OSCE) Office of the Representative on Freedom of the Media issued a report on criminal defamation and anti-blasphemy laws among its member states, which found that defamation is criminalized in nearly three-quarters (42) of the 57 OSCE participating states. Many of the laws pertaining to defamation include specific provisions for harsher punishment for speech or publications critical of heads of state, public officials, state bodies and the state itself. The OSCE report also noted that blasphemy and religious insult laws exist in around one third of OSCE participating states; many of these combine blasphemy and religious insult with elements of hate speech legislation. In Africa, at least four member states decriminalized defamation between 2012 and 2017. The ruling by the African Court of Human and Peoples' Rights in Lohé Issa Konaté v the Republic of Burkina Faso set a precedent in the region against imprisonment as a legitimate penalty for defamation, characterizing it as a violation of the African Charter on Human and Peoples' Rights (ACHPR), the International Covenant on Civil and Political Rights (ICCPR) and the treaty of the Economic Community of West African States (ECOWAS). Countries in every region have moved to advance the criminalization of defamation by extending legislation to online content. Cybercrime and anti-terrorism laws passed throughout the world have led to bloggers appearing before courts, with some serving time in prison. The United Nations, OSCE, Organisation of American States (OAS) and African Commission on Human and Peoples' Rights Special Rapporteurs for Freedom of Expression stated in a joint declaration in March 2017 that "general prohibitions on the dissemination of information based on vague and ambiguous ideas, including 'false news' or 'non-objective information', are incompatible with international standards for restrictions on freedom of expression...and should be abolished." --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

News headlines: *South Africa's Constitutional Court backed the electoral authority's decision to allow political parties more time to register candidates for municipal elections. *The ANC is riven by factionalism and “thugs and gangsters” have infiltrated the process for selecting electoral candidates, according to an internal report cited by the City Press newspaper. *After failing to convince the Constitutional Court to rescind his 15-month prison sentence, Jacob Zuma is now heading to the African Court on Human and Peoples' Rights in search of justice.

In conversation with Mr Clement Mavungu The Pan-African Parliament (PAP) is a legislative body of the African Union. It was set out to ensure the full participation of African people in the economic development and integration of the African continent. The PAP is based in Midrand, South Africa and was inaugurated on 18 March 2004.  The PAP provides a regional platform for Africans and respective civil society organisations to have a greater impact on the decisions affecting the continent.    To this effect, the Democracy and Civic Engagement Unit of the Centre for Human Rights, University of Pretoria, works extensively with the PAP. The Centre a partnership with the PAP through a Memorandum of Understanding, signed in October 2017. Key among the objectives of this partnership is facilitating capacity building on human rights and democratisation in Africa, increasing the visibility of PAP and fostering a strong interaction between the PAP and civil society organisations (CSOs) on the continent. The Democracy and Civil Engagement Unit ensures that civil society can engage with the PAP, contribute to its policies, and chart new directions for governance on the continent. To achieve its mission, Unit, in May 2019, met with CSOs from across Africa and established a forum that ensures effective and sustainable engagement with the PAP. This body, the CSO Forum, gives support to new or small organisations engaging with the PAP, and also assists the PAP in its outreach and advocacy campaigns, such as for the ratification, domestication and implementation of the AU legal instruments, particularly the new PAP Protocol. The Centre, through the Democracy and Civic Engagement Unit, manages the CSO Forum, whose members meet in Pretoria, South Africa twice a year to foster closer collaboration between CSOs on PAP-related issues, to advance and promoting the mandate of the continental Parliament.    In this episode, Mr Clement Mavungu, legal clerk of the PAP, discusses at length the functions of the Pan-African Parliament and how the work of the PAP enhances and protects the human rights of African citizens through the CSO Forum. Mr Mavungu is an international lawyer from the Democratic Republic of Congo (DRC) and currently serves as the Legal Counsel of the PAP. He is also an alumnus of the Master's programme in Human Rights and Democratisation in Africa. He has worked as the Coordinator of the FIDH Programme on the African Court on Human and Peoples' Rights. He has also worked as a Senior Advocacy Officer for the Centre for the Study of Violence and Reconciliation. Mr Mavungu has experience working as a Policy and Research Manager at the Human Rights Institute of South Africa. Previously, he was a Legal Adviser at the ICJ Africa Regional Programme, where he led international and regional advocacy and litigation, built the capacity of African judges, lawyers and prosecutors, coordinated research and responses to judicial crises and supported human rights defenders and victims to access remedies for rights violations. He has published and presented papers on a wide range of human rights issues, including transitional justice, the African human rights system, judicial independence and reform, parliamentary law and practice and he effectively advocated and litigated before the United Nations and African human rights bodies. Mr Mavungu has extensive experience in undertaking comprehensive and comparative multi-disciplinary research in legal, political and policy issues, and is well versed with effective advocacy and litigation before the African human rights system. This conversation was recorded on 20 August 2020. Music: Inner Peace by Mike Chino https://soundcloud.com/mike-chinoCreative Commons — Attribution-ShareAlike 3.0 Unported — CC BY-SA 3.0 http://creativecommons.org/licenses/b...Music promoted by Audio Library https://youtu.be/0nI6qJeqFcc 

Daniel Kobei is the Founder and Executive Director of the Ogiek Peoples' Development Program,  a Kenyan NGO working to secure human and land rights for the Indigenous Ogiek community as well as other Indigenous peoples across Kenya and Africa. Daniel represents Indigenous peoples under the umbrella of the International Indigenous Forum for Biodiversity and the Collaborative Partnership for Wildlife Management, set by the Convention of Biological Diversity. Daniel has been promoting the restoration of the Mau Forest Complex through Ogiek community involvement as a forest dwelling, hunter gathering community. Daniel helped lead the Ogiek to winning an eight year legal battle over land and human rights abuses at the African Court on Human and People's Rights in 2017. But four years later, the Ogiek community are still waiting for the implementation of that legal judgment. We speak about:the violation of the rights of the Ogiek community by the Kenyan stateresisting forced evictions & dispossession of ancestral landswining an 8 year long court case at the African Court on Human and People's Rights the support of regional and international Indigenous rights groups the undermining of Indigenous conservation knowledge the impact of climate change in the Mau Forest complex - and much more!Daniel joins us from Nairobi, Kenya.Support the show (https://www.patreon.com/rethinkingdevelopment)

Two Muzungu South African Farmers previously convicted of murder for killing a 15 year old black teenager Matlhomola Mosweu who allegedly stole sunflower plants. --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app Support this podcast: https://anchor.fm/Teddy-G/support

Overview. As of 2017, at least 130 UNESCO member states retained criminal defamation laws. In 2017, the Organization for Security and Cooperation in Europe (OSCE) Office of the Representative on Freedom of the Media issued a report on criminal defamation and anti-blasphemy laws among its member states, which found that defamation is criminalized in nearly three-quarters (42) of the 57 OSCE participating states. Many of the laws pertaining to defamation include specific provisions for harsher punishment for speech or publications critical of heads of state, public officials, state bodies and the state itself. The OSCE report also noted that blasphemy and religious insult laws exist in around one third of OSCE participating states; many of these combine blasphemy and religious insult with elements of hate speech legislation. In Africa, at least four member states decriminalized defamation between 2012 and 2017. The ruling by the African Court of Human and Peoples' Rights in Lohé Issa Konaté v the Republic of Burkina Faso set a precedent in the region against imprisonment as a legitimate penalty for defamation, characterizing it as a violation of the African Charter on Human and Peoples' Rights (ACHPR), the International Covenant on Civil and Political Rights (ICCPR) and the treaty of the Economic Community of West African States (ECOWAS). Countries in every region have moved to advance the criminalization of defamation by extending legislation to online content. Cybercrime and anti-terrorism laws passed throughout the world have led to bloggers appearing before courts, with some serving time in prison. The United Nations, OSCE, Organization of American States (OAS) and African Commission on Human and Peoples' Rights Special Rapporteurs for Freedom of Expression stated in a joint declaration in March 2017 that "general prohibitions on the dissemination of information based on vague and ambiguous ideas, including 'false news' or 'non-objective information', are incompatible with international standards for restrictions on freedom of expression...and should be abolished." --- Send in a voice message: https://anchor.fm/law-school/message Support this podcast: https://anchor.fm/law-school/support

South Africa’s High Court on Monday sided with Eskom in a dispute over the amount energy regulator Nersa allowed the state utility to claw back from customers for electricity supplied in the 2014/15, 2015/16 and 2016/17 financial years. Nersa’s 2018 decisions to allow Eskom to recoup 32.69 billion rand ($1.9 billion) via a mechanism known as the regulatory clearing account (RCA) for those three years have been set aside, and it must now come up with new decisions. Monday’s ruling could lead to higher power tariffs, as the court said it appeared Nersa had disallowed Eskom money for lower-than-forecast revenue based on a “fundamental factual error”. It said disallowing some coal costs was not rational. Learn more about your ad choices. Visit megaphone.fm/adchoices

A couple of countries have said they are going to withdraw from a part of the African Court on Human and Peoples' Rights. What is it and Why does it matter? ? Misha Plagis and Alice Banens fill us in.

The ECOWAS Court of Justice sitting in Abuja, on Wednesday, dismissed the leader of the Indigenous People of Biafra, IPOB, Mr. Nnamdi Kanu, filed against the Federal Republic of Nigeria.Alleging that he was tortured, assaulted and subjected to inhuman treatment by security operatives when he was arrested in 2015.The regional court, in its judgment that was read by Justice Dupe Atoki, held that the IPOB leader failed to prove its allegations against FG, saying it had no reason to conclude that his arrest and detention were unlawful and arbitrary as claimed.Though the Court acknowledged that the IPOB leader had the legal capacity to approach it to seek redress for any violation of his human rights, it, however, held that without a mandate, he lacked the legal personality to represent the IPOB before the Court.However, the court struck out names of the second and third defendants, the Attorney General of the Federation and Minister of Justice and the Director-General of the Department of State Service, DSS, from the suit. Saying that they were not signatories to the ECOWAS Revised Treaty, thus leaving only the Federal Republic of Nigeria as the sole defendant in the suit. --- Support this podcast: https://anchor.fm/newscast-africa/support Learn more about your ad choices. Visit megaphone.fm/adchoices

In a short, sharp smack-down, the South African Constitutional Court has rejected an attempt by would-be coal mining company Atha-Africa Ventures to draw it into a controversial plan to mine coal in a highly sensitive protected grassland and water catchment area in Mpumalanga. The company wanted the Constitutional Court to grant it leave to appeal against a Supreme Court of Appeal decision not to hear its challenge to a lower court judgment that blocked the mining proposal. This judgment related to a decision taken in 2016 by then Environmental Affairs minister the late Edna Molewa and then Mineral Resources minister Mosebenzi Zwane to quietly grant Atha-Africa permission to develop its proposed 15-year Yzermyn underground coal mine within the Mabola Protected Environment in Mpumalanga. This 8,772-hectare protected area was formally proclaimed in January 2014 under the National Environmental Management: Protected Areas Act because of its ecological sensitivity as a high-yielding, highly strategic water catchment area within a high-altitude, threatened grassland ecosystem. But the two ministers' controversial decision was reversed when a coalition of eight non-government environmental and social justice groups opposing the mining brought a successful review-and-rescind application in the North Gauteng High Court. --- Support this podcast: https://anchor.fm/newscast-africa/support Learn more about your ad choices. Visit megaphone.fm/adchoices

In conversation with Prof Frans Viljoen  The African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights are key mechanisms within the regional human rights system. However, the African Union’s Executive Council’s June 2018 Decision 1015 raises concerns that the African Commission is being undermined, weakening the protection of human rights.  Looking at this moment of crisis, Professor Frans Viljoen (Director, Centre for Human Rights) provides an insight into the motivations behind the Executive Council’s decision; from the contention surrounding the African Commission’s granting of observer status to the Coalition of African Lesbians, to the historical tension between the AU’s policy organs and the African Commission. During the discussion the push and pull between the African Commission and the State Parties is contextualised, the assertion of state sovereignty explained, as well as how the replacement of the AU Assembly by the Executive Council in terms of receiving the African Commission’s report change the dynamic. We consider to what extent the autonomy and independence of the African Commission is threatened by Decision 1015 and what incorporating the African Commission as an AU institution could mean for the protection of human rights. Given Decision 1015’s challenge against the African Commission’s interpretative mandate, the discussion explores the relationship between the Commission and the Court and the potential implications of the decision. Prof Viljoen highlights how the debate surrounding the Commission’s mandate and role can be used to bring out the utility and role of the Commission, alerting states to the benefits it offers and to prevent limitations on the African human rights system. This conversation was recorded on Wednesday 27 February 2019. Music: Inner Peace by Mike Chino https://soundcloud.com/mike-chino Creative Commons — Attribution-ShareAlike 3.0 Unported — CC BY-SA 3.0 http://creativecommons.org/licenses/b... Music promoted by Audio Library https://youtu.be/0nI6qJeqFcc 

In May 2017, the Ogiek indigenous community of Kenya successfully challenged the denial of their land rights before the African Court of Human and Peoples…

Frans Viljoen on the African Court on Human and Peoples' Rights: An Introduction

The Lauterpacht Centre for International Law (LCIL), University of Cambridge hosts a regular Friday lunchtime lecture series on key areas of International Law. Previous subjects have included UN peacekeeping operations, the advisory jurisdiction of the International Court of Justice, the crime of aggression, whaling, children and military tribunals, and theories and practices for proving individual criminal responsibility for genocide and crimes against humanity. This lecture, entitled 'The Malabo Protocol and the African Court of Justice and Human Rights: model for the future?', was delivered at the Lauterpacht Centre on Friday 12th May 2017 by Elies van Sliedregt, Professor of international and comparative criminal law at Leeds University.

Please join us for a discussion with Nani Jansen Reventlow, Fellow at the Berkman Klein Center for Internet & Society and Associate Tenant at Doughty Street Chambers, on the topic of regional courts in Africa and freedom of expression cases in particular. As the head of the Media Legal Defence Initiative’s global litigation practice, Reventlow led litigation that resulted in the first freedom of expression judgments at the African Court on Human and Peoples’ Rights and the East African Court of Justice. She has also led cases before the European Court of Human Rights, the UN Human Rights Committee, the UN Working Group on Arbitrary Detention, and several African regional courts. For more about this event, visit: https://cyber.harvard.edu/events/2016/11/Jansen%20Reventlow

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Aidan Ellis, Haydee Dijkstal, Dr Mishana Hosseinioun and Sir Geoffrey Nice QC, give a talk for the OTJR seminar series on 9th Novemebr 2016. Sir Geoffrey Nice QC, Barrister and former Prosecutor at the International Criminal Tribunal for the Former Yugoslavia (ICTY), Dr. Mishana Hosseinioun, Justice Advocate and International Relations Scholar at St. Antony’s College, University of Oxford, Aidan Ellis, Temple Garden Chambers and Haydee Dijkstal.

African Court on Human and People's Rights has been commended for dispensing justice across the continent. In just a decade of its existence the court is to have recorded tremendous achievements. This year alone the court based in Arusha, Tanzania has received 17 contentious applications. And joining me in the studio is the President of the Court, Justice Augustino Ramadhani.