Research Articles - Dullah Omar Institute
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Item Constitution-Building in Africa(Community Law Centre, University of the Western Cape, 2015) de Visser, Jaap; Steytler, Nico; Powell, Derek; Durojaye, EbenezerThe process towards the adoption of a constitution is determined by the context in which the constitution is written. It navigates such issues as political engagement, keeping politically agreed timelines, ensuring the inclusion of a variety of constituencies and groups, the use of domestic and foreign technical expertise, and ensuring legitimacy and public awareness. This book examines examples of constitution-making processes around the continent and how they attempt(ed) to accommodate the many interests at play. As such, the chapters offer a range of different constitution-making narratives. In Zimbabwe, the Global Political Agreement (GPA) provided for a parliamentary select committee, co-chaired by the three main political parties, to lead the drafting of a constitutional text. The process included public hearings and a referendum. In the case of Malawi, all of its five constitutional review projects were initiated by the presidential appointment of a constitutional review commission or technical drafting committee. The drafting of the country’s 1966 Constitution took place primarily under the auspices of the ruling Malawi Congress Party; the 1995 constitutional review process was led by a National Consultative Council and consisted of various consultative processes. While this review was markedly more inclusive, it still lacked legitimacy. The making of Kenya’s 2010 Constitution was, by all accounts, impressive in its inclusivity. With the horrors of the 2007/2008 post-election violence engraved in collective memory, and the experience of the impressive consultation, led by the Ghai Commission, still fresh in mind, Kenya’s Constitution was drafted on the basis of extensive consultation.Item Human rights and access to healthcare services for indigenous peoples in Africa(Taylor & Francis, 2017) Durojaye, EbenezerIn September 2015, the United Nations adopted the sustainable development goals (SDGs) to address among others poverty and inequality within and among countries of the world. In particular, the SDGs aim at ameliorating the position of disadvantaged and vulnerable groups in societies. One of the over-arching goals of the SDGs is to ensure that no one is left behind in the realisation of their access to health care. African governments are obligated under international and regional human rights law to ensure access to healthcare services for everyone, including indigenous populations, on a non-discriminatory basis. This requires the governments to adopt appropriate measures that will remove barriers to healthcare services for disadvantaged and marginalised groups such as indigenous peoples.Item Involuntary sterilisation as a form of violence against women in Africa(SAGE Publications, 2017) Durojaye, EbenezerThis article examines the meaning and nature of sterilisation. It equally discusses the historical context of involuntary sterilisation and its likely human rights implications. More importantly, it discusses the decision of the Namibian Supreme Court in Government of Namibia v LM and argues that the court fails to consider involuntary sterilisation as a form of human rights violation, particularly violence against women. The article contends that given the attendant mental, physical and emotional trauma a woman may suffer upon undergoing forced sterilisation, this would amount to an act of violence against women as recognised under international human rights law.Item Legal and human rights dilemma relating to sexuality education in Africa(Inderscience, 2016) Durojaye, EbenezerThis article examines the benefits of sexuality education in schools in Africa and then considers the legal and human rights issues relating to the objection to its introduction. In doing this, the article discusses some cases that have shed light on the conflict between the exercise of the right to religion and other rights, particularly the right of young people to sexuality education. It concludes by noting that while parents do have the duty and responsibility to provide direction to their wards and children, including instruction on exercise of religion, such powers must be consistent with human rights norms and standards. More importantly, the exercise of the right to religion must be tempered with other rights, especially where harm will result to the public in strict adherence to this right.Item The protection of internally displaced children in Africa: A doctrinal analysis of article 23(4) of the African children’s charter(Cambridge University Press, 2021) Adeola, Romola; Mezmur, Benyam DThis article considers the protection of, and assistance for, internally displaced children (IDCs) in Africa. Internal displacement has become one of Africa’s most pressing human rights challenges. Over the last decade, millions of persons have been internally displaced on the continent by conflict, disaster and other causes. Children are one of the most affected categories of persons, given the implications of displacement for them. Article 23(4) of the African Charter on the Rights and Welfare of the Child incorporates specific protection for IDCs. This article examines the protection of IDCs in the context of this regional framework. It argues that, while article 23(4) requires that both refugee children and IDCs should be accorded the same protection from a rights-based perspective, it also requires that the protection of IDCs should be construed with reference to the Kampala Convention, which is the most recent applicable regional regime governing internal displacement.