Browsing by Author "Assim, Usang Maria"

Now showing 1 - 7 of 7
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    Africa and the International Criminal Court
    (Human Rights and Peace Centre, 2012) Ogunfolu, Adedokun; Assim, Usang Maria
    Since the establishment and functioning of the ICC in 2002, the work of the ICC has generated a lot of debate, criticisms and controversy. This is largely due to the perception that, as far as the prosecution of cases before the ICC is concerned, the establishment seems to have been functioning most actively against human rights atrocities in African states while the situations in other regions of the world receive much less attention. Despite the ongoing debates around this issue, it is quite important to note that the practice and jurisprudence of the ICC have resulted in a number of significant developments in the field of international law generally and international humanitarian law in particular. This article seeks to highlight some of the major contributions that have been made to the development of the relevant fields of law by the ICC, and gives a general overview of the cases before the ICC which emanated from Africa.
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    A critical analysis of the demobilisation, disarmament, reintegration and rehabilitation in relation to child soldiers in the Democratic Republic of Congo
    (University of the Western Cape, 2017) Mumba, Mathias Kamfwa; Mwambene, Lea; Assim, Usang Maria
    In many countries around the world, approximately 230 million children are living in countries affected by armed conflict. 15 million of them were caught up, in various parts of Africa, in violent conflicts. Some of the African countries where children are involved in armed conflicts include: Central African Republic (CAR), Democratic Republic of Congo (DRC), Mali, Somalia and South Sudan. In CAR, for example, thirty four children (girls and boys) were abducted by armed groups, some as young as 3 years of age.
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    A critical analysis of the demobilisation, disarmament, reintegration and rehabilitation in relation to child soldiers in the Democratic Republic of Congo
    (University of the Western Cape, 2017) Mumba, Mathias Kamfwa; Mwambene, Lea; Assim, Usang Maria
    In many countries around the world, approximately 230 million children are living in countries affected by armed conflict. 15 million of them were caught up, in various parts of Africa, in violent conflicts. Some of the African countries where children are involved in armed conflicts include: Central African Republic (CAR), Democratic Republic of Congo (DRC), Mali, Somalia and South Sudan. In CAR, for example, thirty four children (girls and boys) were abducted by armed groups, some as young as 3 years of age.
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    Dawn of a new decade? The 16th and 17th sessions of the African Committee of Experts on the Rights and Welfare of the Child
    (Juta, 2011) Wakefield, Lorenzo; Assim, Usang Maria
    The 16th and 17th sessions of the African Committee of Experts on the Rights and Welfare of the Child took place at the African Union Commission Headquarters in Addis Ababa, Ethiopia, in November 2010 and March 2011, respectively. This article provides an overview of these sessions, together with the Civil Society Organisations Fora that preceded these sessions. These sessions featured significant developments in the work of the Committee. The first relates to a new collaboration between a network of five non-governmental organisations and the Committee to promote the work of this treaty body. Secondly, the Committee delivered its first communication, finding against the government of Kenya in regard to the right to nationality (amongst other rights) of Nubian children in Kenya. These two activities are major highlights for the Committee in the execution of its mandate. It is argued that, despite the challenges faced by the Committee, it is at the threshold of a new era through which it may be established as a significant regional human rights treaty body.
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    Islamic kafalah as an alternative care option for children deprived of a family environment
    (Juta Law, 2014) Sloth-Nielsen, Julia; Assim, Usang Maria
    The inclusion of kafalah of Islamic law in the United Nations Convention on the Rights of the Child is the first time an exclusively Islamic concept is recognised in a binding international instrument. The drafting of CRC was set against the background of compromise as it relates to the provision of alternative care for children deprived of a family environment. Islamic kafalah represents one of such compromises in an attempt to accommodate the differences of the various state parties to CRC. However, many scholarly works on children’s rights refer to Islamic kafalah only within the context of its ‘discovery’ during the drafting process of CRC and, as such, the meaning, extent and practice of kafalah, as an alternative care option for children deprived of parental care, has not been the subject of much study. This is unlike the case with other forms of alternative childcare like foster care and adoption. Other studies more focused on Islam and human rights refer to kafalah only within the broader context of discussing the links and divergences between Islamic law and human rights, or children’s rights more specifically. This article specifically focuses on kafalah as an alternative care option for children deprived of a family environment in comparison with other forms of alternative childcare. The extent to which kafalah is internationally recognised and practised is also addressed. A number of themes are analysed in the article, including what the concept of kafalah entails, what its legal implications are, what factors distinguish it from other forms of alternative care, and what the international dimensions to kafalah are in relation to the subject of intercountry adoption. In light of all these questions, an understanding of kafalah will contribute to international children’s rights jurisprudence in the context of child care and protection.
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    'Jumping the queue', waiting lists and other myths : perceptions and practice around housing demand and allocation in South Africa
    (ESR Review : Economic and Social Rights in South Africa, 2014) Assim, Usang Maria; Agaba, Daphine Kabagambe
    On 13 and 18 June 2014, the Socio-Economic Rights Project of the Community Law Centre, University of the Western Cape, held roundtable discussions in Cape Town and Johannesburg on housing demand and allocation in South Africa.