Faculty of Law 2014 Centre for ANNUAL Faculty of Law Human Rights REPORT 2

The Centre for Human Rights, based at the Faculty of Law, CONTENTS University of Pretoria, is both an academic department and a non- DIRECTOR’S MESSAGE 4 governmental organisation.

ACADEMIC PROGRAMMES 6 The Centre was established in the Faculty of Law, University of Pretoria, in 1986, as part of domestic efforts against the apartheid system of the time. RESEARCH 8 The Centre for Human Rights works towards human rights education in Africa, a greater awareness of human rights, the wide dissemination of publications on human rights in Africa, and the improvement of the PROJECTS 10 rights of women, people living with HIV, indigenous peoples, sexual minorities and other disadvantaged or marginalised persons or groups across the continent. PUBLICATIONS 31 Over the years, the Centre has positioned itself in an unmatched network of practising and academic lawyers, national and international civil servants and human rights practitioners across the entire continent, with a CENTRE PERSONNEL 33 specific focus on human rights law in Africa, and international development law in general.

Today, a wide network of Centre alumni contribute in numerous ways to the advancement and strengthening STAFF ACTIVITES 36 of human rights and democracy all over the Africa continent, and even further afield.

FUNDING 40 In 2006, the Centre for Human Rights was awarded the UNESCO Prize for Human Rights Education, with particular recognition for the African Human Rights Moot Court Competition and the LLM in Human Rights and Democratisation in Africa. In 2012, the Centre for Human Rights was awarded the 2012 African Union Human Rights Prize. www.chr.up.ac.za

Centre for Human Rights, University of Pretoria | Annual Report 2014 STRENGTHENING HUMAN RIGHTS IN AFRICA BY SUPPORTING AND IMPROVING THE AFRICAN REGIONAL HUMAN RIGHTS SYSTEM 4 DIRECTOR’S MESSAGE Thanks for contributing to a year of highlights

on the Master’s programme. The second content of a Protocol to the African Charter on Southern African Disability Rights Moot Court the rights of persons with disabilities in Africa. Competition was also held. The South African We further co-hosted events on the shrinking Schools Moot, aimed at the popularisation of space for civil society in Africa, and on children’s the South African Constitution among learners, rights. once again took place. Numerous other Centre projects, executed Short courses within the Centre’s thematic units, contributed to foster human rights in Africa. Highlights The Advanced Human Rights Courses (AHRC) include the following: Programme distinguished itself in 2014 with 10 intensive, advanced one-week courses. Freedom of expression and access During 2014, over 480 participants attended to information courses presented by AHRC. Covering a broad spectrum of thematic areas, participants were Together with the African Commission’s Special drawn from all over Africa including judges, Rapporteur on Freedom of Expression and activists, academics and Centre alumni wishing Access to Information, the Centre continued to refresh their knowledge in a particular area. working on the decriminalisation of restrictions of free speech, through the submission of two Publications amicus curiae briefs, to the African Court on Human and Peoples’ Rights and South African As for Centre publications, the highlight of Prof Frans Viljoen, Director, Ventre for Human Rights High Court, and with interventions targeting 2014 was the two journals appearing under the Swaziland, Tanzania, Zambia and Zimbabwe. Centre’s editorial auspices, the African Human The team further advocated for the adoption Rights Law Journal and the African Disability Rights In 2014 the Centre continued towards its by African states of the AU Model Law on for this programme. A record number of six Yearbook, both of which became available as primary aim of strengthening human rights in Access to Information, with advocacy missions doctoral candidates completed their studies in fully on-line open access journals. The Pretoria Africa, with a particular focus on supporting taking place to the African Union (AU), East the Centre and graduated in 2014. University Law Press (PULP) prospered again in and improving the African regional human African Community (EAC), Southern African 2014, publishing a total of 20 publications. Development Community (SADC), and country rights system, established under the auspices Research of the African Union (AU). visits to Ghana and Mozambique. Conferences, colloquia and round Researchers in the Centre have produced a tables Supporting the mandate of the Graduates record number of publications. Significantly, ten of these were published in Web of Science African Commission’s Special Rap- The Centre created space for dialogue and Located in the Faculty of Law, it should be (ISI) journals. porteur on Women in Africa deliberation on various aspects related to recalled that the Centre for Human Rights in human rights in Africa. It organised and the first place is an academic department. One The main objective of this project is to Moot Court Competitions hosted three major conferences/ colloquia: of the most prominent academic programmes, disseminate and popularise the Guidelines on the annual Disability Rights Conference (which the Master’s Programme in Human Rights and State Reporting on the Women’s Protocol as The Centre now organises, annually, four moot this year focused on the rights of women with Democratisation in Africa, in 2014 marked 15 well as to build and strengthen the capacity of court competitions. The sixth Nelson Mandela disabilities); a Colloquium on the Protection years of existence. In 2014, 27 new graduates the represented states on State reporting to World Human Rights Moot Court Competition of Civilians (building on a related Colloquium joined a closely knit network of professional, ensure that more African States comply with was held in Geneva for the first time, on 10 on article 4(h) of the AU Constitutive Act, held practising and activist alumni across Africa. their State reporting obligations under the December. The twenty-third African Human in 2013); and another Colloquium, on sexual The LLM (International Trade and Investment Women’s Protocol. Rights Moot Court Competition was held in minority rights in Africa. It further hosted two Law in Africa) saw 18 new graduates becoming Nairobi, with the collaboration of the University Round Tables – on the future of the SADC part of a newly established Alumni Association of Nairobi, which in 2014 also became a partner Tribunal, and on the feasibility and possible

Centre for Human Rights, University of Pretoria | Annual Report 2014 5

Business and human rights Speakers

The Centre for Human Rights, together with Events at the Centre also created greater the African Commission’s Working Group on awareness and visibility. Prominent among Extractive Industries, Environment and Human these were the lecture by Navi Pillay, outgoing Rights, is involved in a project investigating the UN High Commissioner for Human Rights, and impact that extractive industries in Africa have the Julius Osega Memorial Lecture, delivered by on the environment and human rights. In 2014, Deputy President Kgalema Mothanthe. the first country visit to Zambia was completed as part of this project. The Centre contributed Thanks to the development of National Action Plans on Business and Human Rights, and conducted In all these activities, the Centre’s professional training on business and human rights for a and dedicated staff members were supported mining company. by many partners and allies, whose support we happily acknowledge. Rights of persons with disabilities Most of the Centre’s projects depend on The Centre’s work on the rights of persons with external donor funding. Individual funders are disabilities continued, centred around its role mentioned in this report. We remain grateful as coordinator of the Southern African Law for these generous sponsors. Schools Disability Rights Network, comprising the law schools of the following universities: Prof Frans Viljoen Botswana; Chancellor College (Malawi); Dodoma Director, Centre for Human Rights Colloquium on the Protection of Civilians in Armed Conflict (Tanzania); Eduardo Mondlane (Mozambique); Midlands State (Zimbabwe); Namibia, and Zambia. In addition to the Disability Rights Conference, the African Disability Rights Yearbook and the Southern African Disability Rights Moot Court Competition, the Centre also presents a short course on disability rights in Africa, and participates in the selection and administration of the Open Society’s Disability Rights Scholarship programme.

UN Special Rapporteurs

In addition to working closely with a number of mechanisms of the African Commission, the Centre also supports the mandate of two UN Special Rapporteurs, the one on Extrajudicial, Summary and Arbitrary Executions (Professor Christof Heyns) and the one on the Human Rights Situation in Eritrea (Ms Sheila Keetharuth).

Ms Navi Pilaay

Centre for Human Rights, University of Pretoria | Annual Report 2014 6 ACADEMIC PROGRAMMES LLD, LLM and MPhil degree programmes

LLD Programme LLM (International Trade and In- The second semester (July to December) was The Master’s programme received generous vestment Law in Africa) Around thirty students were registered for spent at the partner universities. Here students financial support from the following funders: the LLD programme in the Centre, under the write a dissertation, serve an internship in a European Union (main funder), Deutscher This programme is presented at the Centre supervision (or co-supervision) of Professors relevant institution, study a foreign language Akademischer Austausch Dienst (DAAD), the only every second year. During 2014 the Frans Viljoen, Michelo Hansungule, Danny and complete course work in human rights. Royal Government of the Netherlands and the programme was presented at the University of Bradlow, Charles Fombad, Charles Ngwena and Royal Norwegian Government. the Western Cape. Magnus Killander. Monthly LLD meetings were The Master’s programme involves an exciting held, at which doctoral candidates present end-of-year week attended by all students, LLM/MPhil (Multidisciplinary On 10 December 2014 the 2013 group their work in progress. representatives from partner universities, Human Rights) of students (who studied at the Centre) some alumni and staff of the Centre for Human graduated, with 18 of the 19 students being Rights. End of year activities in 2014 included: In 2014, six candidates completed their studies The LLM/MPhil programme in multidisciplinary awarded their degrees. In 2014, students from and graduated. They are Busingye Kabumba human rights is offered to candidates in the 2013 intake went on a 6-month exchange • A workshop for students on how to convert (Uganda), Amir Abdallah (Sudan), Jegede possession of an LLB degree from a recognised programme to the University of Amsterdam. their dissertations into publishable articles. Ademola (Nigeria), AJ Beredugo (Nigeria), university (who graduate with an LLM) and • An international colloquium on sexual Remember Miamingi (South Sudan) and Ally non-holders of an LLB degree but who hold an The Centre in 2014 established an LLM Trade minority rights. Possi (Tanzania). honours degree in another field (who graduate and Investment Alumni Network, alumni data- • The annual meeting of the Council of the with an MPhil (Multidisciplinary Human Rights)). base and alumni newsletter. An effort is being Master’s programme, involving all partner Master’s (LLM/MPhil) in Human It is a part-time programme. Six students made to get all the mini-dissertations converted universities. graduated on the LLM programme in 2014. into publishable articles. Rights and Democratisation in • The graduation ceremony on 10 December Africa 2014, International Human Rights Day, at The LLM programme was financially supported which Ms Leda Hasila Limann (Ghana, Class by ABSA and the National Research Foundation. of 2003) received the Vera Chirwa Award in In 2014, 13 women and 13 men were admitted recognition of her contribution to fostering to study for the Master’s degree in Human peace and unity in Darfur and South Sudan Rights and Democratisation in Africa. All through personal leadership and financial the students completed the programme support. successfully and in the specified timeframe. The partner universities involved in presenting Originally only open to law graduates, since the LLM/MPhil programme are: 2013 non-law students are also admitted. Out of the 26 candidates in 2014 there were five Université d’Abomey Calavi (Benin), Addis Ababa with backgrounds in economics and history, University (Ethiopia), University of Alexandria journalism, psychology and political science. (Egypt), Catholic University of Central Africa (Cameroon), Universidade Eduardo Mondlane The first semester (January to June) was spent (Mozambique), Université Gaston Berger de in Pretoria with students attending lectures Saint Louis (Senegal), University of Ghana, and specialised short courses; as well as University of Lagos (Nigeria), University of participation in experiential learning activities Nairobi (Kenya), Makerere University (Uganda), including film shows, debates, a Constitutional University of Mauritius, University of Pretoria Court hearing in which they wrote a shadow (South Africa), University of Venda (South judgment. Students undertook study visits to Africa) and the University of the Western Cape Botswana, Lesotho, Mozambique, Swaziland, (South Africa). Zimbabwe and the Limpopo Province of South Africa, ending with a written assignment based on their field of research. Graduation ceremony on 10 December 2014

Centre for Human Rights, University of Pretoria | Annual Report 2014 7

COUNTRIES REPRESENTED ON THE HUMAN RIGHTS AND DEMOCRATISATION IN AFRICA PROGRAMME IN 2014

EGYPT 1

ETHIOPIA 1

GAMBIA 1

GHANA 1

KENYA 3

MAURITIUS 1

MOZAMBIQUE 1

NIGERIA 3

RWANDA 1

SIERRA LEONE 1

SOUTH AFRICA 4

SOUTH SUDAN 2

TANZANIA 3

UGANDA 2

ZIMBABWE 2

Centre for Human Rights, University of Pretoria | Annual Report 2014 8 RESEARCH Additional research projects

In addition to the research conducted by students and staff in the Centre, and research arising from other activities and projects, the Centre was involved in the following two research projects:

Fostering human rights among European (external and internal) Global Campus Research on the Policies (FRAME) Universal Periodic Review

FRAME brings together 19 universities and Prof Magnus Killander coordinated a research human rights institutes mainly from the team from the Global Campus partner European Union, Egypt, China, India, Peru, South universities to produce a report on the Africa and the United States to investigate the implementation of recommendations of the role of the European Union in the protection Universal Periodic Review (UPR) in 21 countries of human rights. FRAME is a four-year project across the world considering factors that affect launched in 2013. the implementation of UPR recommendations.

The Centre for Human Rights participates in six work packages dealing with challenges and factors; underlying conceptions; institutions and instruments; engagement with multilateral organisations; bilateral cooperation; and development and trade. Global Campus, Venice, Italy

Global Campus, Venice, Italy Global Campus, Venice, Italy

Centre for Human Rights, University of Pretoria | Annual Report 2014 23rd African Human Rights Moot Court Competition 10 PROJECTS Moot court competitions, short courses and other projects

Twenty-third African Human Rights Moot Court Competition

The 23rd African Human Rights Moot Court Competition (the Moot) took place in 2014. The Moot is the largest annual gathering of African law faculties and one of the most important human rights educational initiatives in Africa. It offers unparalleled opportunity for networking among young scholars, academics, judges and human rights experts, and is a unique pedagogic tool in teaching law at undergraduate level. Since its inception in 1992, it has been hosted in 18 countries and has brought together 141 law faculties in Africa representing 49 of its 54 countries.

In 2014 the University of Nairobi, Kenya, hosted the Moot. In total 88 participants from 45 universities representing 15 African countries took part. This year, students had to argue a case dealing with the rights of indigenous peoples, the exploitation of natural resources 23rd African Human Rights Moot Court Competition and the right to development.

An important component of the Moot week was a high-level human rights conference on the right to development held on 5 September and hosted by the Kenya School of Law.

After two full days of preliminary rounds, the best two teams in each language category (English and French) advanced to the final round in which they were paired to form two new combined teams – with one Anglophone and one Francophone on each side. The finalists were University Gaston Berger, Senegal and University of Nairobi, Kenya, for the Applicant; and Université Felix Houphouet Boigny, Côte d’Ivoire, and University of Pretoria, South Africa, for the Respondent. The Applicant team won the competition.

The Moot Court Competition was financially supported by the European Union (EU).

23rd African Human Rights Moot Court Competition

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Nelson Mandela World Human The pre-final rounds were held at Palais des The finalists argued a hypothetical human rights Rights Moot Court Competiton Nations, the headquarters of the United Nations case before the following eminent judges: human rights agencies. The panels of judges in these rounds were human rights experts as well • Justice Dikgang Moseneke (Presiding), The 6th Nelson Mandela World Human Rights as lecturers from the participating universities. Deputy Chief Justice, Constitutional Court Moot Court Competition was held in Geneva, Teams from the following countries participated of South Africa (South Africa) Switzerland from 8 to 10 December 2014. in the pre-final rounds: Argentina, Australia, • Ms Jane Connors, Director: Research and Established in 2009, the main objective of the Belarus, Greece, India, Indonesia, Kenya, Right to Development Division, Office of competition is to bring together students, Singapore, Slovenia, Poland, Switzerland and the High Commissioner for Human Rights law professors and human rights lawyers South Africa. After a visit to the International Red (Australia) from different legal systems to debate and Cross museum the finalists were announced. • Ms Patricia O’Brien, Ambassador, Irish discuss contemporary cross-cutting human The teams from the University of New South Permanent Mission, former UN Under- rights issues. The competition is organised in Wales in Australia and Moi University in Kenya SG for Legal Affairs and UN Legal Counsel collaboration with the United Nations Office of qualified to advance to the final round. (Ireland) the High Commissioner for Human Rights. • Justice Fatsah Ouguergouz, Judge and The final round was held on International former Vice-President of the African Court After being held in Pretoria for the 5 past Human Rights Day (10 December) in the famous of Human and Peoples’ Rights (Algeria) years, the United Nations Offices in Geneva Room XX of the Palais des Nations (also known • Prof Robert Roth, Director of the Geneva hosted the Competition for the first time in as the Human Rights and Alliance of Civilizations Academy of International Humanitarian 2014. The executors of the estate of the late Room), where the Human Rights Council Law and Human Rights (Switzerland) President Nelson Mandela granted permission regularly meets to discuss burning issues. for the competition to be named after the great statesman and human rights icon, Nelson Mandela (the event was previously simply called ‘World Human Rights Moot Court Competition’).

Thirteen teams from 12 countries representing the five UN regions were selected to compete in the pre-final rounds in Switzerland. Over 40 participants were welcomed at Palais Wilson, the former headquarters of the League of Nations and currently the Office of the High Commission for Human Rights. At the Opening Ceremony participants were welcomed by Mr Eric Tistounet, Chief of the Human Rights Council Branch and Prof Christof Heyns, Co- director of the Institute for International and Comparative Law in Africa at the University of Pretoria and United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions. The President of the Human Rights Council, Ambassador Baudelaire Ndong Ella of Gabon, encouraged participants to use this opportunity to deepen their knowledge of the UN mechanisms and other international instruments. 6th Nelson Mandela World Human Rights Moot Court Competition

Centre for Human Rights, University of Pretoria | Annual Report 2014 12

National Schools Moot Court subsequently formulate a legal argument based Competition on these facts and make their oral arguments through various elimination rounds. The final The National Schools Moot Court Competition round of the competition is hosted at the is a project of the Centre. However, other Constitutional Court, where the case is heard major stakeholders in this initiative include the before a panel of five judges, three of whom are Department of Justice and Correctional Services, justices of the Constitutional Court. the Department of Basic Education, the Foundation for Human Rights, the Constitutional On 11 October 2014 the University of Pretoria Literacy and Service Initiative, the Constitution hosted the top teams (80 learners and 40 Hill Education Project and the South African educators) from various high schools around Human Rights Commission. The Schools Moot the country to compete in the national semi- aims to foster practical skills in aspirant lawyers, finals at the University of Pretoria. In 2014 achieving this aim by facilitating a nationwide, judges included magistrates, top attorneys and high school level moot court competition on an advocates in the profession, aspiring candidate annual basis. attorneys, post-graduate law students, and Constitutional Court law clerks. Teams had the Participating learners are provided with opportunity to tour Constitution Hill and the a hypothetical set of facts that concern a Constitutional Court, as well as Freedom Park Constitutional and Human Rights law issue, in Pretoria to learn more about South Africa’s with this year’s ‘problem’ relating to the right history and unsung heroes. A gala dinner was to freedom of expression. The learners must held at which the top ten teams were recognised. Prof Cheryl de la Rey, Vice-Chancellor and Principal of the University of Pretoria and Zeid Ra’ad Al Hussein, United Nations High Commissioner for Human Rights

The team arguing for the Respondent, the Centre for Human Rights, University of Pretoria University of New South Wales, was declared and the Office of the United Nations High winner of the 6th Nelson Mandela World Human Commissioner for Human Rights (OHCHR) in Rights Moot Court Competition. The Final Round partnership with the Geneva Centre for Human and Closing Ceremony were attended by the Rights Advancement and Global Dialogue, the Vice-Chancellor and Principal of the University Geneva Academy of International Humanitarian of Pretoria Prof Cheryl de la Rey. The highlight of Law and Human Rights and the University the Closing Ceremony was the keynote address of Lucerne, Chair of Comparative and Anglo- by the newly appointed United Nations High American Law / Lucerne Academy for Human Commissioner for Human Rights Zeid Ra’Ad Al Rights Implementation. Hussein. The financial assistance of the following donors is The World Moot Competition was a great gratefully acknowledged: the Permanent Mission success in offering a unique opportunity for of the Swiss Federation to the United Nations at students from different parts of the world Geneva; the Permanent Mission of Ireland to to engage with their peers on global human the United Nations at Geneva; the Permanent rights issues, and to be, in the words of Nelson Mission of South Africa to the United Nations at Mandela, the ‘teachers, judges and leaders of Geneva; the Geneva Centre for Human Rights tomorrow.’ Advancement and Global Dialogue; and the Office of the UN High Commissioner for Human The 6th Nelson Mandela World Human Rights Rights (Regional Office for Southern Africa). Moot Court Competition was organised by the National Schools Moot Court Competition

Centre for Human Rights, University of Pretoria | Annual Report 2014 13

Southern African Disability Rights The Disability Rights Scholarship Programme Moot Court Competition is funded by the Open Society Initiative of Southern Africa (OSISA). The second Southern African Disability Rights Moot Court Competition was held in November

Five Universities from Southern Africa participated in the competition: University of Botswana, University of Malawi, Midlands State University (Zimbabwe), University of Zambia and University of Namibia.

University of Zambia and Midlands State University proceeded to the final round, which was won by Midlands State University. The final round judges were Prof Luke Clements (Cardiff University), Prof Bob Dinerstein (Washington College of Law), Ms Yvonne Dausab (University of Namibia) and Justice Monica Mbaru (High Court of Kenya).

Justice Edwin cameron addresses particpants of the National Schools Moot Court Competition

On Sunday 12 October 2014, the Constitutional The team from Grenville High School in the Court hosted the final round, which was Northwest Province came first, with the team presided over by Justices Sisi Khampepe from the Gibson Pillay Learning Academy in and Mbuyiseli Madlanga of the Constituional Gauteng as runners-up. Grassdale High School Court, as well as Judge Jody Kollapen of the in the Western Cape had the best essays. All North Gauteng High Court, Advocate McCaps these learners will receive bursaries to cover Motimele SC of the General Council of the Bar, a portion of their first year of law studies at and Professor Ann Skelton of the University any South African university. A prize-giving of Pretoria. This event was attended by all ceremony followed, with Deputy Minister Surty participating learners, educators and parents, delivering certificates to all participants in the with a keynote address by Deputy Minister Competition and Exclusive Books vouchers to of Education Enver Surty. The audience and the top overall ten teams in the country. judges also heard from Professor Christof Heyns of the University of Pretoria and UN The National Schools Moot Court Competition Special Rapporteur on extrajudicial, summary was sponsored by the Foundation for Human or arbitrary executions; and Mr Brent Williams, Rights, Juta Publishers and the firm Cliffe, Chief Executive Officer of Cliffe, Dekker and Dekker & Hofmeyr Attorneys. Hofmeyr, one of the Competition’s partners in 2014.

2nd Southern African Disability Rights Moot Court Competition

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Advanced Human Rights Courses All courses covered the main principles relating (AHRC) to the respective fields they address, seen from a specifically African perspective, and focusing The Advanced Human Rights Courses on the issues of relevance in the continent. Programme (AHRC) consists of annual advanced short courses dealing with issues pertinent During 2014, over 360 participants attended to human rights, development and good AHRC courses. Although participants were governance in Africa. Each course, lasting one mainly from Africa, a number of participants week, is presented by local and international came from Europe, Asia and the USA. experts in the respective fields, with a careful balance between academics and practitioners. Partnerships Human rights and development professionals at all levels often have to grapple with the multi- A number of institutional partnerships exist in disciplinary challenges presented by the huge the technical (academic) presentation of AHRC gap between human rights in practice and courses including: human rights in theory. • Institute for Human Rights Law, Catholic These one-week courses attempt to fill this gap University of Leuven, Belgium by offering participants the chance to acquire (Sexual minority rights) the latest knowledge and information in the • University of Antwerp, Belgium particular area; undertake an analytical and (Right to development) critical appraisal of current issues; and the • Ghent University, Belgium opportunity to conceptualise solutions to these (African human rights system in Children’s Rights in Africa Course problems, while building an important network comparative perspectives) of people and institutions. • Sonke Gender Justic Network, South Africa (Role of men and boys in achieving gender These courses are primarily aimed at equality) governmental officials, managers and staff of civil • Save the Children International society organisations, judges and magistrates, (Children’s rights) legal practitioners, staff of international and • International Work Group for Indigenous intergovernmental organisations, as well as Affairs (IWGIA) academics from Universities in Africa. (Indigenous peoples’ rights) AHRC was funded by the Flemish Government; Courses presented during 2014 the Norwegian Ministry of Foreign Affairs; the Sexual minority rights (February); Disability Norwegian Centre for Human Rights, University rights in an African context (March); Judicial of Oslo; Irish Aid (through Sonke Gender Justice enforcement of socio-economic rights (May); Network); Open Society Foundation; IWGIA; Civil Society Law (June); Judicial exchange Ford Foundation (support for Judges on the programme (Kenya Court of Appeal) (June); socio-economic rights course); and Save the Children’s rights in Africa (July); The right to Children International (Children’s Rights in development (August); The role of men and Africa). boys in achieving gender equality (August); Indigenous peoples’ rights (September); and African human rights in comparative perspectives (October). Indigenous Peoples’ Rights Course

Centre for Human Rights, University of Pretoria | Annual Report 2014 15

NUMBER OF PARICIPANTS ATTENDING THE ADVANCED HUMAN RIGHTS COURSES (AHRC)

SEXUAL MINORITY RIGHTS wqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwq 46 10 - 14 FEBRUARY 2014

DISABILITY RIGHTS IN AN AFRICAN CONTEXT wqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqw 47 10 - 15 MARCH 2014

JUDICIAL ENFORCEMENT OF SOCIO-ECONOMIC RIGHTS wqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqw 39 5 - 9 MAY 2014

JUDICIAL EXCHANGE PROGRAMME (KENYA COURT OF APPEAL) wqwqwqwqwq 10 10 - 14 JUNE 2014

CIVIL SOCIETY LAW wqwqwqwqwqwqwqwqwqwqwqwq 24 14 - 18 JULY 2014

CHILDREN’S RIGHTS IN AFRICA wqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwq 60 21 - 25 JULY 2014

THE RIGHT TO DEVELOPMENT wqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwq 40 25 - 29 AUGUST 2014

THE ROLE OF MEN AND BOYS IN ACHIEVING GENDER EQUALITY wqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwq 32 4 - 8 AUGUST 2014

INDIGENOUS PEOPLES’ RIGHTS wqwqwqwqwqwqwqwqwqwqwqwqw 25 15 - 19 SEPTEMBER 2014

AFRICAN HUMAN RIGHTS SYSTEM IN COMPARATIVE PERSPECTIVES wqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwqwq 44 20 - 24 CTOBER 2014

Centre for Human Rights, University of Pretoria | Annual Report 2014 MORE THAN 360 PARTICIPANTS ATTENDED THE ADVANCED HUMAN RIGHTS COURSES (AHRC) DURING 2014 17

Disability Rights Unit The Disability Rights Round Table Meeting

Disability Scholarship Programme The disability rights round table meeting was held on 21 and 22 August 2014, hosted by the The Centre for Human Rights played a Centre for Human Rights in collaboration with consultative role in arranging interviews under the Africa Disability Alliance (ADA). The meeting the Disability Rights Scholarship Programme was a consultative process which brought (DRSP) of the Open Society Institute. This together 50 prominent representatives from involved receiving and screening applications, civil society, non-governmental organisations arranging for interviews to take place in and governments from across the continent Pretoria, South Africa, including all the involved in promoting disability rights. The logistics in that process and organising travel main focus of the meeting was a discussion arrangements for the successful grantees to on the desirability and feasibility of the African Turkey for a summer school. Disability Rights Protocol.

Of the 18 semi-finalists that were shortlisted The Deputy Minister for Social Development from the interviews that took place at the in South Africa, Ms Hendrietta Bogopane- Centre in April, 9 finalists were selected to Zulu, attended part of the meeting. The main pursue an LLM in Disability Rights at different speakers at the meeting were Commissioner universities in Canada, the UK and the USA (see Lawrence Mute, African Commission on Human table below). and Peoples’ Rights; Dr Johan Strijdom, Head of Division, Social Affairs Department at the The Disability Rights Scholarship Programme African Union; and Ms Roseweter Mudarikwa, Disability Rights Round Table Meeting is funded by the Foundation Open Society Chair of the African Disability Alliance. Initiative. The Roundtable was sponsored by an Disability Rights Annual Conference policymakers from across Africa and beyond to anonymous donor and the Open Society examine the intersection between women with Initiative of Southern Africa (OSISA). Globally, women with disabilities experience disabilities and the fulfilment of their human significantly more barriers in realising human rights in the African region. rights in both public and private settings. They are more likely to suffer multiple or aggravated The conference was attended by about 70 STUDENT SEX COUNTRY UNIVERSITY PLACED forms of discrimination inside as well as participants from 15 countries. Participants 1 Juventus Duorinah Male Ghana University of Cardiff, UK outside the home. In Africa, as with many included academics, lawyers, non- other societies around the world, the situation governmental organisations, civil societies and 2 Novath Rukwago Male Tanzania Washington College of Law, USA of women with disabilities is complicated by national governments. The papers presented 3 Edmond Gichuru Male Kenya Syracuse University, USA traditional and conservative views on the at the conference will be reworked with the aim position and role of women in society. of publishing them in the 2015 African Disability 4 Mirriam Nthenge Female Kenya University of Galway, Ireland Rights Yearbook. The conference coincided 5 Isabel Palasida Female Zimbabwe University of Cardiff, UK The Centre for Human Rights hosted the annual with the launch of the 2014 African Disability 6 Esther Gyamfi Female Ghana University of Galway, Ireland disability rights conference on the theme Rights Yearbook. ‘Overcoming Obstacles: Towards the effective 7 Jodge Manhique Male Mozambique University of Galway, Ireland implementation of the rights of women with The Conference was sponsored by the Open 8 Abraham Mateta Male Zimbabwe University of Leeds, UK disabilities in Africa’ on 4-5 November 2014. Society Initiative of Southern Africa (OSISA). This annual conference seeks to bring together 9 Thomas Mtonga Male Zambia University of Leeds, UK scholars, researchers, practitioners, disability 10 Everlyn Koiyiet Female Kenya Syracuse University, USA activists, disabled people’s organisations and

Centre for Human Rights, University of Pretoria | Annual Report 2014 6th Nelson Mandela World Human Rights Moot Court Competition 19

Rights on Freedom of Expression and Access Kingdom of Swaziland. Commissioner Tlakula to Information in Africa, Commissioner Pansy undertook the visit both in her capacity as Tlakula, in collaboration with the Centre for Special Rapporteur and as the Commissioner Human Rights, the Media Institute of South of the African Commission on Human and Africa Tanzania (MISA-Tanzania), and members Peoples’ Rights responsible for the promotion of the Decriminalisation of Expression (DOX) of human rights in the Kingdom of Swaziland. Campaign, organised a stakeholders meeting During her visit, the Special Rapporteur met on the decriminalisation of laws limiting with members of civil society, family members Freedom of Expression, in Dar es Salaam, and lawyers of Thulani Maseko and Bheki Tanzania. Makhubu, who were recently convicted for contempt of court and sentenced to two At the meeting, participants discussed some of years in prison, as well as Mario Masuku, the various criminal laws restricting freedom of who is currently in detention awaiting trial on expression and how they had been applied by charges of sedition and terrorism. The Special courts in Tanzania, the impact of these laws on Rapporteur also met with government officials media freedom and as well as past efforts at including the Prime Minister, the Minister of their decriminalisation in Tanzania. The meeting Justice and the Minister of Foreign Affairs. concluded with the adoption of an Action Plan to guide further action towards the repeal of Stakeholders meeting on the decriminalisa- laws criminalising expression in Tanzania. tion of laws limiting freedom of expression in Zambia Meeting with the Zimbabwe Information Konate v Burkina Faso and Media Panel of Inquiry On 12 and 13 November, the Special Rapporteur, Commissioner Pansy Tlakula, On 18 August, the Special Rapporteur met with in collaboration with the Centre for Human Freedom of Expression Amicus Brief: Motsepe v The State the Zimbabwe Information and Media Panel of Rights, the Media Institute of Southern Africa Programme Inquiry (IMPI) in Johannesburg, South Africa. Zambia (MISA-Zambia), and members of Once again, the programme (on behalf of the The meeting was held at the request of IMPI the Decriminalisation of Expression (DOX) Centre for Human Rights), together with 16 to solicit the views of the Special Rapporteur Campaign, organised a stakeholders meeting Amicus Brief: Konate v Burkina Faso other organisations acted as amici curiae in the on the need for law reform on issues of on the decriminalisation of laws limiting Motsepe v The State media freedom and access to information in Freedom of Expression, in Lusaka, Zambia. At The programme (on behalf of the Centre case of before the High Court Zimbabwe. It was concluded that the Special the meeting, participants discussed some of for Human Rights), together with 17 other of South Africa (Gauteng Provincial Division) Rapporteur would forward her comments the various criminal laws restricting freedom non-governmental organisations, acted as on appeal against the conviction for criminal on media freedom (with specific focus on of expression and how they had been applied amici curiae in the case of Konate v Burkina defamation by the magistrates court, which was the need for the decriminalisation of laws by courts in Zambia, the impact of these laws Faso before the African Court on Human and challenged as a violation of the Constitution of limiting freedom of expression) and access to on media freedom, and most importantly the Peoples’ Rights (African Court). In this case the South Africa. The case was argued before the information to IMPI for inclusion in their report. proposed draft bill on decriminalisation of offence of criminal defamation, as enshrined High Court in October and, on 5 December, the defamation and strategies on how to assure its under the laws of Burkina Faso, was challenged appeal was upheld, but the offence of criminal Advocacy visit to the Kingdom of Swaziland passage in Parliament. The meeting concluded as a violation of the African Charter on Human defamation found to be consistent with the with the adoption of a National Plan of Action to and Peoples’ Rights. The case was argued Constitution. From 19 to 21 August, the Special Rapporteur, guide further action towards the repeal of laws before the African Court in March and in a Commissioner Pansy Tlakula, undertook an criminalising expression in Zambia. landmark judgment on 5 December, the African Stakeholders meeting on the decriminalisa- advocacy visit to the Kingdom of Swaziland. Court upheld the arguments of the amici. tion of laws limiting freedom of expression in Tanzania The purpose of the visit was to meet with civil The Freedom of Expression programme was society and government officials to discuss sponsored by the Open Society Foundation. On 8 and 9 July, the Special Rapporteur of the the situation of human rights in general and African Commission on Human and Peoples’ freedom of expression in particular, in the

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Access to Information Programme Advocacy visit to Mozambique on the Mozambican Right to Information Bill Meeting with the African Union Department of Political Affairs on the Model Law on Access to On 26 and 27 June, the Special Rapporteur, Information Commissioner Pansy Tlakula, undertook an advocacy visit to Maputo, Mozambique. On 15 January, the Special Rapporteur held a The purpose of the visit was to meet with meeting with the Commissioner for Political government officials to advocate for the Affairs of the African Union (AU), Dr Aisha speedy adoption of the Mozambican Right to Abdullahi, at the AU Commission in Addis Information Bill, currently before Parliament, Ababa, Ethiopia. The purpose of the meeting in accordance with regional and international was to seek the assistance of the Department standards on access to information as of Political Affairs (DPA) to have the Model Law embodied in the Model Law. During her visit, on Access to Information adopted, which was the Special Rapporteur met with Mr Alfred adopted by the African Commission in February Gamito, Chair of the Committee on public 2013, incorporated into the legal framework administration and social communication, of the African Union, as well as to encourage which is the parliamentary committee the mainstreaming of access to information responsible for the Right to Information Bill; into the daily activities of the African Union. Ms Benvinda Levy, Minister of Justice and Mr At the end of the meeting, the process for Ozias Pondja, President of the Supreme Court the incorporation of the Model Law into the of Mozambique. legal framework of the AU was agreed upon. It was also agreed that the African Governance Experts meeting on the Draft State Reporting Guidelines for the African Charter on Democracy, Elections and Governance An important outcome of the Special Platform (AGP) should be used as a forum for Rapporteur’s visit was the acceptance of the raising awareness among AU Member States technical assistance offered by the Special on the Model Law. adoption of a binding resolution by the Council the African Union responsible for democracy, Rapporteur to Mozambique in the adoption of Ministers of the EAC, encouraging member human rights and governance issues as well as of the Right to Information Bill, as well as for Meeting with the EAC Secretariat on the States to use the Model Law in adopting or Regional Economic Communities, charged with its future implementation. In this regard, the Model Law on Access to Information reviewing access to information laws the consideration of State Reports under the Special Rapporteur forwarded her comments Democracy Charter) to States Parties following on the current draft of the Right to Information On 17 January 2014, the Special Rapporteur, Experts meeting on the Draft State the consideration of State Reports. On the Bill, ahead of plenary debate of the Bill in Commissioner Pansy Tlakula, held a meeting Reporting Guidelines for the African Charter second day, participants broke up into working Parliament in August 2014. with the Executive Secretary of the East on Democracy, Elections and Governance groups and held extensive discussions on the African Community (EAC), Ambassador Richard structure and content of the draft guidelines. At Advocacy visit to Ghana on the Ghanaian Sezibera, at the Secretariat of the EAC in Arusha, On 4 and 5 June, the Centre for Human Rights, the end of the day, proposed amendments to Right to Information Bill Tanzania. The purpose of the meeting was to in collaboration with the Department of Political the draft guidelines were discussed and agreed seek the cooperation of the EAC in facilitating Affairs of the African Union Commission, to in plenary. From 1 to 2 July, the Special Rapporteur, the process of adopting the Model Law on held an experts meeting on the draft state Commissioner Pansy Tlakula, undertook an Access to Information as the regional standard reporting guidelines for the African Charter The Department of Political Affairs is now advocacy visit to Accra, Ghana. The purpose of on access to information for Eastern Africa, on Democracy, Elections and Governance expected to disseminate the amended draft the visit was to meet with government officials as well as to encourage the mainstreaming of (Democracy Charter) in Pretoria, South Africa. guidelines widely for further feedback, with to advocate for the speedy adoption of the access to information into the daily activities The first day of the meeting focused on broader a view to ensuring broad participation by Ghanaian Right to Information Bill, currently of the EAC. The meeting concluded with an issues of the processes for the preparation, stakeholders in the finalisation of the draft before Parliament, in accordance with regional agreement that the EAC would look into the submission and review of State Reports, as well guidelines. Once finalised, the reporting and international standards on access to possibility that certain aspects of the Model as mechanisms for the implementation of the guidelines will be circulated to States Parties, in information as embodied in the Model Law. Law could be specifically legislated upon by the concluding observations made by the African readiness for the commencement of reporting East Africa Legislative Assembly (EALA) and the Governance Architecture (comprising organs of obligations under the Democracy Charter.

Centre for Human Rights, University of Pretoria | Annual Report 2014 21

and technical experts appointed by the Special of sexual and reproductive health rights (SRHR) Rapporteur, to develop in detail the adoption of of women in Malawi. The meeting concluded the Model Law as the SADC standard on access with the formulation of a Plan of Action for to information, and work with Member States the project. Subsequently, a follow-up meeting to adopt and review access to information was held on 19 June to further discuss the laws which comply with the Model Law. The modalities for the implementation of the Plan technical committee is also expected to of Action, setting out in detail the categories develop and facilitate the implementation of of information needed for the improvement a Plan of Action on mainstreaming access to of SRHR of women in Malawi. An initial information into the day-to-day operations of stakeholders meeting for the project was held the SADC secretariat. on 8 and 9 September in Kigali, Rwanda. As with Malawi, a Plan of Action was developed by Using Access to Information for the participants and is set to be implemented by realisation of and Sexual and Reproductive local stakeholders in 2015. Health Rights (SRHR) in Malawi and Rwanda The Access to Information project was On 19 and 20 March, the Centre for Human financially supported by the Open Society Rights, in collaboration with MISA-Malawi Initiative for Southern Africa (OSISA), Open and the Open Society Justice Initiative, held a Society Foundations, Rights Initiative (Right meeting with local stakeholders in Lilongwe, to Information Fund) and the United Nations Malawi to discuss the proposed project on Democracy Fund (UNDEF). using access to information for the realisation Advocacy visit to Ghana on the Ghanaian Right to Information Bill

During her visit, the Special Rapporteur met with Meeting with SADC Secretariat on the Model the leadership of Parliament which included Law on Access to Information the Speaker of parliament, Honourable Edward Ajaho as well as the majority and On 7 July, the Special Rapporteur, Commissioner minority leaders; the chair and members Pansy Tlakula, undertook an advocacy visit to of the select committee on constitutional the Southern African Development Community legal and parliamentary affairs, which is the (SADC) secretariat in Gaborone, Botswana. parliamentary committee responsible for the The purpose of the visit was to meet with the Right to Information Bill; Honourable Mahama Executive Secretary, Dr Stergomenna Lawrence Ayariga, Minister of Information and Media Tax, to discuss possible areas of collaboration Relations and Ms Nana Oye Lithur, Minister on the ‘implementation’ of the Model Law. for Gender, Children and Social Protection. In Specifically, the meeting sought to explore the each of these meetings, the Special Rapporteur possibility of the SADC secretariat adopting received assurances of Ghana’s commitment the Model Law as the sub-regional standard to the adoption of a Right to information law on access to information and, in so doing, which takes into account the Model Law before encourage member states to use the Model the expiration of the tenure of the current Law in the adoption or review of access to government in 2016. information legislation in the SADC region.

A major outcome of the discussions was the agreement to set up a technical committee comprising relevant staff of the SADC secretariat Special Rapporteur on Freedom of Expression and Access to Information Pansy Tlakula

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Gender Unit Participants also shared the status of reporting in their respective countries as well as the The Centre’s Gender Unit continued its challenges faced by those tasked with drafting activities to support the activities of the African the State reports. In addition, participants Commission in respect of the Protocol to the worked in country groups to draft a report on African Charter on Human and Peoples’ Rights the Women’s Protocol and presented it in a on the Rights of Women in Africa (the Women’s moot session of the African Commission. This Protocol). session provided an opportunity for participant State representatives to have constructive The Unit continued its research on early and engagement with the SR on the Rights of forced marriages, and has been working Women in Africa, allowing representatives to towards the elaboration and eventual benefit from her concrete recommendations. adoption of a general Comment by the African Commission on this issue. Towards the end of This project yielded some tangible results and 2014, Karen Stefiszyn, who has for a long time outcomes and Malawi became the first country headed the Unit, stood down. She will however to submit a state report on the Women’s still be involved with the Unit in an advisory Rights Protocol. This report was subsequently capacity. She has been replaced by Katy Hindle. considered at the Commission’s 56th ordinary session in April 2015. Supporting state reporting under the African Women’s Protocol This project was funded by the Norwegian Government through its Embassy in Pretoria. The Gender Unit of the Centre for Human Rights Workshop on increasing States’ capacity for reporting under the Women’s Protocol organised a 3-day workshop in November on increasing States’ capacity for reporting under the Women’s Protocol in collaboration with the Special Rapporteur (SR) on the Rights of Women in Africa of the African Commission on Human and Peoples’ Rights (African Commission), Commissioner Soyata Maiga.

Thirty key government and civil society stakeholders involved in the state reporting process in the Democratic Republic of Congo, Seychelles, Tanzania and Zimbabwe attended this workshop.

The main objectives of the workshop were to disseminate and popularise the Guidelines on State Reporting on the Women’s Protocol as well as to build and strengthen the capacity of the represented states on State reporting to ensure that more African States comply with their State reporting obligations under the Women’s Protocol.

Workshop on increasing States’ capacity for reporting under the Women’s Protocol

Centre for Human Rights, University of Pretoria | Annual Report 2014 ‘In whom can I still trust’ exhibition - a visual documentation of the peresecution of homosexuals by the Nazil regime during the Holocaust 24

UN Special Rapporteur on the Roundtable on the future of the situation of human rights in Eritrea SADC Tribunal

This project aims to strengthen the capacity of The Centre for Human Rights, in collaboration the Centre for Human Rights in contributing to with the Konrad Adenauer Stiftung, held a the academic discourse and concrete action Round Table to discuss the restoration of the regarding the situation of human rights in Southern African Development Community Eritrea, with a view to bringing about better (SADC) Tribunal on 28 and 29 August 2014. enjoyment of human rights in the country. The Centre therefore provides some support to The Round Table was attended by many the UN Special Rapporteur on the situation of stakeholders including former judges of the human rights in Eritrea (Special Rapporteur) as SADC Tribunal; a former judge of the East she delivers independently on her mandate. African Court of Justice (EACJ); officials from the SADC Tribunal, the EACJ and the Curt of Justice This involves primarily monitoring human rights of the Economic Community of Western African developments in Eritrea, including maintaining States (ECOWAS); lawyers from private practice an overview of human rights and political and academia; officials of the South African developments in the Horn of Africa, through Department of Justice; the South African Law daily desktop research. As information within Society; researchers; and members of civil Eritrea is very controlled and limited, it is society. necessary to keep abreast of other online news resources to keep up to date with the situation The objective of the Round Table was to discuss of human rights in Eritrea. The information United Nations Special Rapporteur on the situation of human rights in Eritrea Ms Sheila B Keetaruth the implications of the adoption of a new derived is then documented on a dynamic Protocol by the SADC Summit. database, monitoring any improvements or progress made in relation to the situation of Some of the concerns raised include: human rights in Eritrea. • The new SADC Tribunal only gives access to states, depriving individuals of this privilege; Some students on the LLM/MPhil (Human • The abolition of individual access to the Rights and Democratisation in Africa) SADC Tribunal contradicts the global trend; programme participate in the Eritrea Clinical • The processes of the negotiation and Group and provided some support to the adoption of the new Protocol were Special Rapporteur, mainly in the form of done in a non-transparent manner and research on the situation of human rights in excluded SADC citizens and civil society Eritrea organisations, contrary to the letter and spirit of the SADC Treaty. The Special Rapporteur attended the 53rd session of the African Commission on Human The SADC Tribunal initially allowed access to its and Peoples’ Rights, where she presented her employees to settle their disputes with SADC vision of and approach to the mandate during a as its employer, but by abolishing individual briefing with the members of the Commission. access, employees no longer have any legal recourse.

This roundtable was financially sponsored by the Konrad Adenauer Stiftung.

Participants at the Roundtable on the future of the SADC Tribunal

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International Development Law Business and Human Rights Unit Unit African Commission Working Group on The position of the SARChI Chair on Extractive Industries, Environment and Development Law, previously held by Prof Human Rights Danny Bradlow, was vacant in 2014. Prof Frans Viljoen acted as interim Chair. The Centre for Human Rights, together with the Working Group, has been awarded a Dr Femi Soyeju was appointed as a post- research project by the Australian Government doctoral fellow in IDLU and oversaw ongoing to investigate and explore the impact that academic activities of students in the LLM extractive industries in Africa have on the (International Trade and Investment Law in environment and human rights. The project Africa) programme. is scheduled to end in mid-2015, with the development of a set of human rights-based IDLU was financially supported by ABSA and Guidelines for the Extractive Industries in the National Research Foundation. Africa.

The project involves different activities, of which four country visits to conduct primary research are the most notable in the first stage of the project. The first research and information

Training on business and human rights

gathering visit to Zambia was completed The consultation focused on Southern Africa, in January 2014, with Professor Michelo and involved stakeholders from Botswana, Hansungule and Mr Josua Loots from the Mozambique, South Africa, Zambia and Centre forming part of the research team. The Zimbabwe. The findings of the Southern Africa mission report is currently before the Working sub-regional consultation are forthcoming in Group, and is expected to be released towards a report. The next sub-regional consultation the end of 2015. is planned for East Africa, and is scheduled to take place in Nairobi, Kenya, in January 2015. The project team encountered several challenges during the first phase of the project The project is expected to deliver several around country visits, and has not been able research outputs, including background to complete as many as originally planned. As studies on selected countries, thematic a result, the project team has embarked on a research papers, and reports on all activities. series of sub-regional consultation sessions, in Thus far, background studies on Zambia which the Working Group is able to engage with and Liberia have been completed, and four representatives from government, civil society, thematic papers are in being finalised on the industry role-players, and national human topics of international standards pertaining to rights institutions from across the sub-region. extractive industries, case studies of extractive The first sub-regional consultation was held industries and human rights in Africa, national in Johannesburg, South Africa, in August 2014 legislation on extractive industries in Africa and and was hosted by the Legal Resources Centre. the African Charter and human rights in Africa. Multi-stakeholder dialogue on business and human rights in South Africa

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The project on extractive industries has also UN Forum on Business and Human Rights produced an electronic database of laws and taking place in Geneva, Switzerland, from 1 to regulations pertaining to extractive industries 3 December 2014. in Africa, available on the website of the Centre. The database is a work in progress, and relies In addition to the above project, the Centre heavily on contributions from the Centre’s has partnered with the International Corporate students and alumni. The database will be Accountability Roundtable (ICAR) based in updated substantially once the new group of Washington DC, and the Khulumani Support students on the LLM/MPhil in Human Rights Group from South Africa on a project focusing and Democratisation in Africa programme on NAPs in the South African context. arrives in January 2015. The project will consist of two distinct but complementary activities. First, the project National Action Plans Project aims to build capacity among South African civil society organisations on the UNGPs in general, Following the adoption of the United Nations and the development and implementation Guiding Principles on Business and Human of NAPs in particular. Secondly, the project Rights (UNGPs) by the United Nations will attempt to conduct a national baseline Human Rights Council in 2011, the United assessment of the current status of business Nations Working Group on Human Rights and human rights in South Africa, which is and transnational corporations and other generally recognised to be the first step in business enterprises (UN Working Group) the process of developing NAPs on business has been working to help countries across and human rights. The project is scheduled to the globe adopt national action plans (NAPs) launch officially in January 2015. Colloquium on the Protection of Civilians in Armed Conflict on implementing the UNGPs. The Centre is working on two projects focusing on the Training on business and human rights development and implementation of NAPs. Colloquium on the Protection of countries, academics, policy makers, and other The Centre was approached by BHP Billiton Civilians in Armed Conflict practitioners in the field of the protection of The Centre forms part of a coalition of civil Manganese in 2013 to deliver training and civilians. society organisations and academic institutions awareness raising sessions to employees on A conference on 18 and 19 September in from the global south that has been asked by human rights, with a specific focus on security Pretoria, brought together academics, judges, The objective of the colloquium was to identify the UN Working Group to do a critical analysis of and human rights. To this end, the Centre practitioners, policy makers, military personnel, innovative and effective means of preventing NAPs, and make submissions to the UN Working developed training manuals for the company government officials and other commentators mass atrocities and, in the event of failure to Group on ways to improve the development on human rights in the South African and to consider legal, procedural and practical prevent, to explore how humanitarian agencies and implementation of the UNGPs through international context, with a focus on the South challenges in the implementation of article 4(h) and the military should protect populations at the use of NAPs. Other partners on this project African Constitution and relevant international of the Constitutive Act of the African Union. risk, pursuant to article 4(h) of the Constitutive include the Centre for Applied Legal Studies instruments. The training sessions were Act of the African Union (AU) and the coercive (CALS) at the University of the Witwatersrand, delivered in Hotazel, in the North Cape With the assistance of the United States Africa element of the third pillar of the responsibility the South African Institute for Advanced province of South Africa, and Meyerton and Command (AFRICOM) through the Africa to protect (R2P). Constitutional, Public, Human Rights and Johannesburg in the Gauteng province of South Military Law Forum (AMLF), the colloquium International Law (SAIFAC), and the Singapore Africa. Training sessions started with security was held at the University of Pretoria on the The goal of the colloquium was to contribute to Management University (SMU). The project will personnel at the different operating sites, and theme ‘“All Means Necessary”: Bridging the Gap cultivating ‘a culture of protection’, the reduction look at NAPs from the perspective of emerging ended with middle to top level management in between the Doctrine of R2P and the Actual of the vulnerability of civilian populations, and to economies, post-conflict societies, and gender Johannesburg. Protection of Civilians in Armed Conflicts’. ensuring greater compliance with International equality. The first round of interviews with Human Rights Law (IHRL) and International stakeholders from Africa and Asia has been The project was financially supported by the The colloquium brought together over 80 high- Humanitarian Law (IHL) obligations as well as completed, and submissions made to the UN AUSAID (the Australian Government). ranking military officers from different African the specific law relating to the protection of Working Group in preparation for the Annual

Centre for Human Rights, University of Pretoria | Annual Report 2014 27

in much of Africa. Most African states still The Colloquium was sponsored by the criminalise consensual same-sex conduct Norwegian Government, through its Embassy between adults in private and do not accord in Pretoria. legal recognition to transsexuals and intersexed persons. The argument often put forward in Africa Regional Workshop on the denying sexual minorities their human rights, Protection of Civic Space is that homosexuality is contrary to African culture and to conventional religions. On 17 and 18 November, the Centre for Human Rights presented a workshop on the Against this background, the purpose of the protection of civic space, in collaboration with colloquium was to gather a balanced regional the International Center for Not-for-Profit Law, representation of views on the progress or CIVICUS, and the Community of Democracies in regress of protecting the rights of LGBTI cooperation with the Office of the UN Special persons in Africa and on how to chart a way Rapporteur on the Rights to Freedom of forward, bearing in mind the current normative, Peaceful Assembly and of Association. institutional, political, religious and cultural realities that influence respect for the rights The value of civil society to development and of LGBTI persons in Africa. Participants came the trend of closing civic space in Africa were from all over Africa, as well as from beyond the among the topics addressed, when President continent. Obama hosted 47 African heads of state in Washington, DC on 4 to 6 August 2014,

Colloquium on the Rights of Sexual Minorities in Africa women, girls, children, Internally Displaced prominent in legal, political, social and religious Persons (IDPs), refugees and other vulnerable discussions, although discussions on the populations in armed conflict. The colloquium academic front remain limited. This trend has provided recommendations to guide military been checkered, registering success, regress, and humanitarian actors in the protection of stagnation, timid protest and brave protests all civilians and prevention of mass atrocities, at once, in different locations on the continent. focusing on the African continent. A two-day colloquium on 8 and 9 December The Colloquium was sponsored by the was held to take stock of these successes and Norwegian Government, through its Embassy milestones as well as to chart a way forward in Pretoria. on the protection of the rights of LGBTI persons in Africa. The colloquium attracted the Colloquium on the Rights of Sexual participation of African activists, academics, Minorities in Africa religious leaders, journalists and students, with additional inputs from sexual rights advocates from beyond the region. The protection of sexual minorities in Africa has, in the recent past, penetrated the hitherto The human rights of members of sexual unwelcoming circles in human rights discourse. minority groups in Africa continue to evoke Today, like never before, the question of heated, polarising debate. LGBTI persons the Lesbian, Gay, Bisexual, Transsexual and suffer discrimination, harassment and violence Intersexed (LGBTI) persons in African is Colloquium on the Rights of Sexual Minorities in Africa

Centre for Human Rights, University of Pretoria | Annual Report 2014 28

including during side events such as the Civil small-group discussions on each key topic, Society Forum. Nevertheless, there was an and presentations from global leaders in the identified need to deepen conversations, foster protection of civic space such as Maina Kiai, UN collaboration among key actors and translate Special Rapporteur on the Rights to Freedom broader principles into actionable strategies for of Peaceful Assembly and Association and protecting civic space. To address this, the co- Ambassador Maria Leissner, Secretary General conveners held an African regional workshop of the Community of Democracies. on Protecting Civic Space in November 2014 at the University of Pretoria. Participants collectively identified obstacles to their work, shared experiences and best The workshop included 48 participants, practices, and identified priority issues for including African civil society representatives the future. Key recommendations addressed from 14 countries and a wide variety of how African civil society colleagues, African organisations, along with international civil governments, and the international community society partners and representatives of can better expand and protect civic space. donor agencies. Participants were chosen based on their knowledge of key issue areas, The workshop was generously supported by experience mobilising civil society, engaging USAID, as part of President Obama’s Stand with government actors, influence on other civil with Civil Society Agenda through the Legal society actors within their own countries and Enabling Environment Program (LEEP), and regionally, and success in defending and/ or the Government of Sweden, through the expanding civic space. Participants were also “Protecting Civic Space and the Right to Access selected to represent a variety of countries and Resources” project implemented by the Plan International Workshop on the Rights of Children sub-regions. Unfortunately, several participants Community of Democracies. were unable to attend the workshop due to Ebola-related concerns and visa restrictions. Plan International Workshop on • A system of indicators, (baseline, monitoring the Rights of Children and early warning) which can provide In preparation for the workshop, participants integrated information rather than a list of identified priority legal issues confronting The Children’s Unit of the Centre for Human disparate information; African civil society to address during the Rights, the Child Rights Networks of Southern • Disaggregated data, that can show which conference. The selected key topics were: Africa (CRNSA) and Plan International organised group or groups of children have their rights a Workshop for Southern African CSOs on Child violated or not achieved; • Responding to constraints on free- Rights monitoring and advocacy from 11 to 13 • An integrated set of age ranges, through dom of assembly and expression; November 2014. The purpose of the workshop which information about children can be • Coalition-building and advo- was to raise awareness among Southern compared among Southern African countries cacy strategies; and African CSOs on children’s rights monitoring or agencies; • Protecting civil society’s right and advocacy. Two participants from SADC • Child-centred statistics, providing direct of access to resources. countries took part in this exercise. information about children rather than about adults or institutions. The workshop format was designed to The workshop focused on the five Child Rights • Child Rights advocacy focusing on CSO encourage participants to share their monitoring components: engagement with treaty bodies with a special experiences in improving legal protection attention to the African Committee of Experts for civic space at country and regional levels, • Baseline information, providing data for a on the Rights of the Child. with a particular emphasis on disseminating certain year or period, against which all future successful strategies. Workshop findings were data can be measured to show improvements The workshop was financially supported by collected from pre-arrival questionnaires, or deterioration; Plan International. plenary discussions, a panel presentation,

Centre for Human Rights, University of Pretoria | Annual Report 2014 A NETWORK OF CENTRE ALUMNI CONTRIBUTE IN NUMEROUS WAYS TO THE ADVANCEMENT AND STRENGTHENING OF HUMAN RIGHTS AND DEMOCRACY IN AFRICA AND BEYOND 30

Public Lectures Julius Osega Memorial Lecture

Navi Pillay This is a memorial lecture in honour of an alumnus of the Master’s Programme in Human After retiring as the United Nations High Rights and Democratisation in Africa who was Commissioner for Human Rights, Ms Navi Pillay, killed during a peace-keeping mission in Darfur, a South African national who had previously Sudan. also served as President of the International Criminal Tribunal for Rwanda (ICTR) and judge The theme of this annual lecture relates to issues of the International Criminal Court (ICC), of democratisation in Africa. In 2014, the Julius returned to South Africa. Osega Memorial Lecture was delivered by the Deputy President of South Africa, Mr Kgalema Ms Pillay presented a lecture, providing an Montlanthe. In his lecture he articulated a clear overview of highlights and challenges during rationale for the establishment of an African her term as High Commissioner. Court with criminal jurisdiction.

The lecture also served as an event to celebrate 15 years of the existence of the Master’s Programme in Human Rights and Democratisation in Africa.

Deputy President of South Africa, Mr Kgalema Montlanthe delivered the Julius Osega Memorial Lecture

Ms Navi Pilaay Prof André Boraine, Ms Navi Pilaay, Prof Cherryl de La Rey, Prof Frans Viljoen and Mr Norman Taku

Centre for Human Rights, University of Pretoria | Annual Report 2014 31 PUBLICATIONS Regular publications and the Pretoria University Law Press (PULP)

African Disability Rights Yearbook Pretoria University Law Press

The African Disability Rights Yearbook has The Pretoria University Law Press (PULP), an appeared since 2013. In 2014, it was accredited independent press based at the Faculty of Law by the South African Department of Higher of the University of Pretoria, seeks to strengthen Education and Training (DHET). the rule of law and promote legal scholarship on the African continent by publishing primary The convening editor is Prof Charles Ngwena materials and scholarly texts on law and its (Centre for Human Rigts); other editors are related disciplines in Africa. Prof Ilze Grobbelaar-du Plessis (University of Pretoria), Prof Helene Combrinck (University Activities for 2014 of the Western Cape) and Prof Serges Kamga (University of South Africa). In keeping with PULP’s access to information policy, all its books are available online in The open-access website of the African electronic format at no charge. Disability Rights Yearbook is located at: www.adry.up.ac.za PULP now publishes six law journals – the African Human Rights Law Reports; Pretoria Student Law Review; Botswana Law Reports; the first open-access law journal of the Faculty of Law De Jure; the African Human Rights Law Journal and the African Disability Rights Yearbook, Prof Frans Viljoen, Director, Ventre for Human Rights both of which are open access.

Regular Publications Human Rights Law Reports

African Human Rights Law Journal The African Human Rights Law Reports contains legal decisions of relevance to human rights The African Human Rights Law Journal is edited law in Africa. These include selected domestic by Frans Viljoen, Magnus Killander, Annelize decisions from the entire continent, as well as Nienaber, Solomon Ebobrah and Tshepo the decisions of the African Commission and Madlingozi. Court on Human and Peoples’ Rights, sub- regional courts and the United Nations treaty During 2014 two volumes were published, bodies, dealing with African countries. The in July and December. The Journal enjoys Reports are fully indexed, to facilitate access accredited status with the South African and make research easy. Department of Higher Education and Training and is included on the IBSS. The Reports, which are edited by Magnus Killander, Christof Heyns, Frans Viljoen and The open-access website of the African Michelo Hansungule, are used by both Human Rights Law Journal is located at: researchers and legal practitioners and are www.ahrlj.up.ac.za available in hardcopy and in pdf format at:: http://www.chr.up.ac.za/ centre_publications/ During 2014 the Journal was partly sponsored ahrlr/ahrlr.html by the European Union. Pretoria University Law Press (PULP) book launch

Centre for Human Rights, University of Pretoria | Annual Report 2014 32

Journals published by PULP during 2014 • Stop violence against people with disabilities: An international resource • African Disability Rights Yearbook - Diane Nelson Bryen & Juan Bornman Volume 2 2014 • Transformative constitutionalism: Comparing • African Human Rights Law Journal - the apex courts of Brazil, India and South No 2 of 2013 Africa • African Human Rights Law Journal - Oscar Vilhena, Upendra Baxi and No 1 of 2014 Frans Viljoen • African Human Rights Law Journal - No 2 of 2014 Other publications published • Botswana Law Journal - by PULP in 2014 June 2013 • De Jure Law Journal - • African Human Rights Law Reports 2011 Volume 1 of 2014 • PULP Ficions - Race, Ideology and • De Jure Law Journal - the University No 8 2014 Volume 2 of 2014 • PULP GUIDE: Finding legal information in • Pretoria Student Law Review - South Africa 2014 (3rd Edition) Volume 7 2013 Shirley Ann Gilmore

Books published by PULP during 2014 All of these and other titles by PULP are available on the open-access website. • Can rights cure? The impact of human rights litigation on South Africa’s health system Pretoria University Law Press (PULP) book launch Marius Pieterse • Convergence and Conflicts of Human Rights and International Humanitarian Law in Military Operations Erika de Wet & Jann Kleffner Pretoria University Law Press • Promoting effective enforcement of the PULP prohibition against corporal punishment in www.pulp.up.ac.za South African schools Faranaaz Veriava • Human dignity and fundamental rights in PULP South Africa and Ireland Centre for Human Rights Ann Hughes Faculty of Law • Promoting Citizenship and Preventing University of Pretoria Statelessness in South Africa: Pretoria A Practitioner’s Guide Lawyers for Human Rights 0002 • Mud to bricks: A review of school infrastructure spending and delivery Tel: +27 12 420 4948 Carmen Abdoll and Conrad Barberton Fax: +27 12 362 5125 • Property Law in Namibia Email: [email protected] Sam Amoo Web: www.pulp.up.ac.za

Pretoria University Law Press (PULP) book launch

Centre for Human Rights, University of Pretoria | Annual Report 2014 33 CENTRE PERSONNEL Staff, Board Members, Honorary and Extraordinary Professors and Lecturers

• Thuto Hlalele • Yvonne Oyieke Academic Associate Research Assistant: Gender Unit Project Assistant: Disability Rights • Lourika Pienaar • Adetokunbo Johnson Website Administrator Research Assistant: Gender Unit • Sarita Pienaar-Erasmus • Sheila Keetharuth Assistant Financial Manager UN Special Rapporteur for Eritrea • Kevashinee Pillay • Magnus Killander Senior Researcher Associate Professor; Head of Research • Ally Possi • Emily Laubscher Tutor; LLD candidate Assistant Financial Manager • Ahmed Sayaad • Josua Loots Programme Officer: Freedom of Project Manager: Extractive Industries Expression and Access to Information • Eric Lwanga • Ololade Shyllon Project Officer: LLM (Human Rights Programme Manager: Freedom of and Democratisation in Africa) Expression and Access to Information • Sydney Mdlhophe • Olufemi Soyeju Assistant: Pretoria University Programme Manager: LLM (International Law Press (PULP) Trade and Investment Law in Africa) • Harold Meintjes • Jacob Ssali Financial Manager Assistant: Advanced Human • Yolandi Meyer Rights Courses (AHRC) Staff of the Centre for Human Rights supported the #BringBackOurGirls campaign Project Coordinator: World Human • Karen Stefiszyn Rights Moot Court Competition Programme Manager: Gender Unit • Remember Miamingi • Norman Taku Tutor; LLD candidate Assistant Director Staff Members • Angela Bukenya Project Coordinator: Children’s Project Manager: African Human Office Manager: International Rights Programme Rights Moot Court Competition • Jegede Ademola Development Law Unit (IDLU) • Thato Motaung Project Manager: Nelson Mandela World Tutor; LLD Candidate • Isabeau de Meyer Senior Researcher, Eritrea Project Human Rights Moot Court Competition • Romola Adeola Publication Manager: African • Charles Ngwena • Armand Tanoh LLD candidate; Alumni Coordinator Human Rights Law Journal Professor of Law LLD Candidate • Ikeagwuchi Godwin Andrew Administrator: LLM (Human Rights Head: Sexual and Reproductive Project Coordinator: African Human Assistant: Advanced Human and Democratisation in Africa) Health Rights; Disability Rights Rights Moot Court Competition Rights Short Courses (AHRC) • Cristiano D’Orsi • Jehoshaphat Njau • Carole Viljoen • Dennis Kweku Antwi Post-Doctoral Fellow Project Officer: Disability Rights Office Manager Project Manager: Advanced • Charles Fombad Scholarships Programme • Frans Viljoen Human Rights Courses (AHRC) Professor of Comparative • Bright Nkrumah Director • Melhik Bekele Constitutional Law Research Assistant Professor of International Tutor; LLD Candidate • Michelo Hansungule • Martin Nsibirwa Human Rights Law • Ashwanee Budoo Professor in Human Rights Law Programme Manager: LLM (Human • Claire Waterhouse Tutor; LLD Candidate Academic Co-ordinator: LLM/MPhil Rights and Democratisation in Africa) Senior Researcher Research Assistant: Gender Unit (Multidisciplinary Human Rights) • Deji Obayan • Yolanda Booyzen • Lizette Hermann Project Assistant Communications and Marketing Manager Manager: Pretoria University • Azubike Onuora-Oguno Law Press (PULP) Tutor; LLD Candidate

Centre for Human Rights, University of Pretoria | Annual Report 2014 34

• Judge Johann Kriegler Extraordinary Lecturers Retired Judge of the Constitutional Court of South Africa • Dr Adem Abebe • Prof Edward Kwakwa Fellow, Max Planck Institute, Germany World Intellectual Property Organisation • Dr Oagile Dingake • Prof Cephas Lumina Judge, High Court of Botswana United Nations Special Rapporteur • Dr Solomon Ebobrah • Ms Mary Robinson Lecturer, Niger Delta University, Nigeria Former United Nations High • Ms Nicole Fritz Commissioner for Human Rights Executive Director, Southern • Dr Jean Allain Africa Litigation Centre Queens University, Belfast • Ms Sarah Knuckey • Prof Cecile Aptel Centre for Human Rights and Global Office of theigh H Commissioner Justice, New York University for Human Rights, Geneva • Ms Asha Ramgobin • Prof Danny Bradlow Executive Director, Human Rights South African Reserve Bank Development Initiative • Prof Richard Maiman • Prof Jure Vidmar University of Maine, USA University of Oxford. • Prof Fernand de Varennes University of Moncton, Canada

Justice Johann Kriegler at the 23rd African Human Rights Moot Court Competition

Board Members Honorary Professors • Justice Johann Kriegler • Justice Johann van der Westhuizen Retired Judge of the Constitutional Judge of the Constitutional Court of South Africa Court of South Africa • Justice Bess Nkabinde • Prof David Padilla Retired Judge of the Constitutional Court Former Assistant Executive • Justice Johann van der Westhuizen Secretary, Inter-American Judge of the Constitutional Commission on Human Rights Court of South Africa • Prof Sylvia Tamale Faculty of Law, Makerere Extraordinary Professors University, Uganda • Mr Edouard Jacot-Guillarmod • Prof Jakkie Cilliers Private consultant Executive Director, Institute • Prof David Padilla of Security Studies Former Assistant Executive • Mustaqeem da Gama Secretary, Inter-American Department of Trade and Industry Commission on Human Rights • Prof John Dugard UN Special Rapporteur;

Prof David Padilla at the 23rd African Human Rights Moot Court Competition

Centre for Human Rights, University of Pretoria | Annual Report 2014 A RECORD NUMBER OF SIX DOCTORAL CANDIDATES COMPLETED THEIR STUDIES AT THE CENTRE FOR HUMAN RIGHTS AND GRADUATED IN 2014 36 STAFF ACTIVITIES Staff publications and other research activities

the African human rights system: An African Legal Studies’ 49(4) Journal of Asian institutional approach’ in E de wet & J and African Studies (2014) 383-398. Kleffner (eds) Convergence and conflicts • Appointment of Constitutional of human rights and international Adjudicators in Africa: Some Perspectives humanitarian law in military operations on How Different Systems Yield Similar 2014 Pretoria University Law Press 303- Outcomes’ 46(2) Journal of Legal Pluralism 332. and Unofficial Law (2014) 249-275. • ‘An Assessment of the Judicial Service Teaching Commission in Zimbabwe’s New Constitution’ 67(1) Comparative and Taught on the post graduate level at Eduardo International Law Journal of Southern Mondlane University, Mozambique, and Africa (2014) 89-108 (with Gift Manyatera). University for Peace, Costa Rica; and on • ‘Gender Equality in African Customary the Open Society Internship for Rights and Law: Has the Male Ultimogeniture Rule Governance, Budapest, Hungary. any Future in Botswana?’ 2(3) Journal of Modern African Studies (2014) 475-494. Editorship and member of editorial board • ‘The Context of Justice in Africa: Emerging Trends and Prospects’ in Evelyn Edroma • Editor-in-chief: African Human Rights Law (ed) Rethinking the Role of Law and Justice Journal in Africa’s Development. UNDP, Addis • Co-editor: African Human Rights Law Ababa (2013) 1-23. (published in 2014) Reports / Recueil africain des décisions des • ‘Constitution-building in Africa: The Never- Gender Equality at Higher Education Institutions in Africa: A Gender Audit Tool droits humains ending Story of the Making, Unmaking and • Co-editor: Africa and the responsibility Remaking of Constitutions’ 13(4) African to protect: Art 4(h) of the African Union and Asian Studies (2014) 429-451. Frans Viljoen Commissions: Strengths and weaknesses’ Constitutive Act (Routledge, 2014) • ‘Strengthening constitutional order and in Haeck Y & Brems E (eds) Human rights upholding the rule of law in central Africa: st Publications and civil liberties in the 21 century Springer Michelo Hansungule Reversing the descent towards symbolic 157-178 (with C Burbano-Herrera). constitutionalism’ 14 African Human Rights Law Journal (2014) 412-448. • ‘Amicus curiae participation before regional • ‘Preventing human rights violations: Publications human rights bodies in Africa’ Journal of Recommendations for enhancing the • ‘Managing Legal Diversity: Cameroonian Bijuralism at a Critical Crossrads’ in Vernon African Law 58(1) 22 – 44 (with A Abebe). effectiveness of interim measures before • ‘Culture, governance and African Palmer, Mohamed Mattar and Anna Koppel ‘• The feasibility and desirability of an the Inter-American and African Human human rights in critical perspective’ 3(1) (eds) Mixed Legal Systems, East and West African disability rights treaty: Further Rights Commissions’ in Haeck Y & International Journal of Arts and Commerce Ashgate Publishing (2014) 101-122. norm-elaboration or firmer norm- McGonigle-Leyh B (eds) The realisation of (2014) 69-86. implementation?’ South African Journal human rights: When theory meets practice. • ‘The role of the APRM in strengthening Presentations on Human Rights 30(2) 345 – 365 (with J Studies in honour of Leo Zwaak Intersentia governance in Africa: Opportunities Biegon). 221-241 (with C Burbano-Herrera & Y & constraints in implementation’ 3(1) • “Judicial and Jurisprudential Power of African • ‘Drawing lessons from ECOWAS in the Haeck). International Journal of Arts and Commerce Constitutional Court Judges,” Paper presented implementation of article 4(h)’ in D. Kuwali & • ‘An argument for South Africa’s accession to (2014) 87-127. F. Viljoen (eds.) Africa and the responsibility the Optional Protocol to the International at the Conference of African Constitutional Covenant on Economic, Social and Cultural Jurisdictions of Africa (CCJA) held from 11 to to protect: Article 4(h) of the African Union Charles Fombad Constitutive Act Routledge 251-264 (with B Rights in the light of its importance and 14 June 2014, Cotonou, Benin. Nkrumah). implications’ 17(6) Potchefstroom Electronic • “Unconstitutional Changes of Government Publications • ‘Interim measures before the Inter- Law Journal 2557-2600 (with N Orago). and Popular Uprisings in Africa: Some American and African Human Rights • ‘The relationship between international Perspectives on a Robust and Principled human rights and humanitarian law in • ‘Africanisation of African Legal Education Programmes: The Need for Comparative Centre for Human Rights, University of Pretoria | Annual Report 2014 37

Response,” Paper presented at the Other activities • Botswana Review of Ethics, Law and HIV/ • School of Law, University of Melbourne, “Constitutionalism and Rule of Law: AIDS (BRELA). Australia Brainstorming and Expanding the AU • Attended the executive committee • BIAC Journal of Business, Management and • Faculty of Law, Mouncrest University Doctrine on Unconstitutional Changes of meeting of the International Association of Training. College, Accra Ghana Government,” held on 14-16 July 2014 in Constitutional Law in Boston, USA from 6-7 • Fundamina. A Journal of Legal History. Pretoria, South Africa. March 2014. • City University of Hong Kong Law Review. Charles Ngwena • “Law-making by the Pan African Parliament: • Attended and chaired the workshop on • Journal of Eastern and Central African Model law option,” lecture given to the “Constitutional dimensions of political Studies. Publications Pan-African Parliament at Midrand, parties and elections,” during the 12th • Revue Doctrinale du Droit Guinéen. Johannesburg on 9 August 2014. World Congress on Constitutional Law, • Founding editor-in-chief, University of • ‘Conscientious objection to abortion and • “Pan-African Parliament and law-making: Oslo, 16-20 June 2014. Botswana Law Journal (UBLJ), 2005-2009. accommodating women’s reproductive The prospects for legal harmonisation using • Organised the Second Stellenbosch Annual • Pretoria Student Law Review. health rights: Reflections on a decision model laws,” seminar paper presented at Seminar on Constitutionalism in Africa • McGill Journal of International Law & Legal of the Constitutional court of Colombia STIAS, Stellenbosch on 4 September 2014. (SASCA 2014), on 17 September 2014. Pluralism. from an African regional human rights • “An overview of separation of powers • Elected Vice-President of the International perspective’ Journal of African Law 58(2) in Africa,” paper presented during the Association of Constitutional law in Oslo, Membership of professional associations 183 - 209. Second Stellenbosch Annual Seminar on June 2014. includes the following: • ‘Developing a juridical method for Constitutionalism in Africa (SASCA 2014), • Attended and chaired the session on overcoming status subordination in on 17 September 2014. “Constitutional Courts: Guardian or Master • Southern African Association of Legal disabilism: The place of transformative • “Separation of powers and the role of of the Constitution,” at the international Historians. epistemologies’ South African Journal on the public prosecutor in Francophone workshop on, “Establishing Constitutional • African Network of Constitutional Lawyers Human Rights 30(2) 275 - 312. Africa,” paper presented during the Courts: Drivers of Democracy or (ANCL). • ‘Access to legal abortion for rape as a Second Stellenbosch Annual Seminar on Government of Judges,” held at Justus • International Association of Constitutional reproductive health right: A commentary Constitutionalism in Africa (SASCA 2014), Liebig University, Giessen, Germany, 24-26 Law (IACL). on the abortion regimes of Swaziland and on 17 September 2014 (with Dr. Horace October 2014. • Member of the Coordinating Committee, Ethiopia’ in C Ngwena & E Durojaye (eds) Adjolohoun). • Attended NRF Law Panel Assessment African Network of Constitutional Lawyers Strengthening the protection of sexual • “Priority issues to consider in drafting a Meeting from 24-25 November 2014. (ANCL). and reproductive health and rights in new constitution for the Central African • Attended Colloquium on “Assessment • Member of the Executive Committee the African region through human rights Republic,” presentation made in Bangui of the Impact of Decisions of the and Vice President of the International Pretoria University Law Press 61-78 (with S on 8 September 2014, at a workshop on Constitutional Court and Supreme Court of Association of Constitutional Law (IACL). Mavundla). the post-conflict intervention framework Appeal on the Transformation of Society,” • ‘Reforming African Abortion Laws: The for the Central African Republic, 5-14 at Garden Court Hotel, Johannesburg on External Examiner Place of Transparency’ in RJ Cook, J September 2014. 26 November 2014. Erdman & BM Dickens (eds) Abortion law • “Silencing the guns by 2020: Role of • Attended a “Validation Workshop for • Faculty of Law, University of Namibia in transnational perspective: Cases and constitutionalism and rule of law,” Paper the African Governance Architecture • School of Law, UNISA, South Africa controversies University of Pennsylvania presented at the “Third high level dialogue 2014 Knowledge Products, in Debre Zeit, • Faculty of Law, Rhodes University, South Press: 166-186. on democratic governance in Africa,” Ethiopia, 4-5 December 2014. Africa • ‘Introducing protection of sexual and Dakar, Senegal, 30-31 November 2014. • Faculty of Law, University of Ghana, Legon reproductive health through human rights • “Legitimacy of the constitution drafting Editorial Activities • Faculty of Law, University of Ibadan, Nigeria in the African region’ in C Ngwena & E process: The role and function of the • Faculty of Law, University of Kwazulu Natal, Durojaye (eds) Strengthening protection Constitutional Court, Parliament and other Member of the editorial board of the following South Africa of sexual and reproductive health through relevant bodies.” Paper presented at a journals: • School of Law, University of Witwatersrand, human rights in the Sub-Saharan region. “Technical Workshop on Design Options South Africa Pretoria: Pretoria University Law Press: for Constitutional Processes in Sudan,” 30 • African Journal of International Affairs. • Faculty of Law, University of Cape Town , 1-30. November to 3 December 2014, Khartoum, • International Encyclopaedia of Laws, South Africa • ‘Case T-388/09: A Commentary on a Sudan. Belgium. • Faculty of Law, University of Benin, Nigeria Decision of the Constitutional Court

Centre for Human Rights, University of Pretoria | Annual Report 2014 38

of Colombia from an African Regional • Africa editor: Oxford Reports on Language Policy and Planning: A practical and human rights work Hart Publishing Perspective’ in Women’s Link Worldwide International Human Rights Law (OUP) guide Lund University. 269-288. and O’Neill Institute for National and Global • Co-editor: African Human Rights Law • De Varennes F ‘R2P and the protection • Kuwali D ‘Decoding Afrocentrism: Health Law (eds) T-388/2009 Conscientious Journal (PULP) of minorities’ in Peter Hilpold (ed) Decolonizing legal theory’ African Legal Objection and Abortion: A Global Perspective Responsibility to Protect (R2P) A New Theory and Contemporary Problems on the Colombian Experience Women’s Link Publications Paradigm of International Law? University Springer 71-92. Worldwide and O’Neill Institute for National of Innsbruck 274-292. • Kuwali D ‘Battle for sex? Protecting and Global Health Law: 157-176. ‘• Human rights developments in the African sexual(ity) rights in Africa’ Human Rights Union during 2012 and 2013’ (with Bright Solomon Ebobrah Quarterly 36(1) 22 - 60. Editorships and membership of editorial Nkrumah) (2014) 14 African Human Rights • Ebobrah ST ‘Sub-regional frameworks • Kuwali D ‘The responsibility to protect boards Law Journal 275. for the protection of asylum seekers and minorities’ 71 Europa Ethnica 62-68. • Member of the Editorial Board, Medical • ‘Africa’ in Daniel Moeckli, Sangeeta Shah & refugees in Africa: Bringing relief closer Law International. Sandesh Sivakumaran (eds) International to trouble zones’ in A. Abass & F. Ippolito Cephas Lumina • Section Editor (Law & Bioethics), Developing Human Rights Law (2nd edition, Oxford (eds) Regional approaches to the protection • Lumina CK ‘Sovereign debt and human World Bioethics. University Press, Oxford 2014) (with of asylum seekers: An international legal rights: The United Nations approach’ in • Member of Editorial Board, Stellenbosch Christof Heyns) pp. 441 – 457. perspective Ashgate Publishing Ltd 67-86. J. Bohoslavsky & J. Cernic (eds) Making Law Review. Sovereign Financing and Human Rights • Convening Editor, African Yearbook on Conference presentations Michaela Hailbronner Work Hart Publishing 251-268. Disability Rights. ‘ • Hailbronner M ‘Rethinking the rise of • Guest Editor, Special issue on disability in • Shared values? The European Union and the German Constitutional Court: From South African Journal on Human Rights. Africa in the Universal Periodic Review’ anti-Nazism to value formalism’ ICON- Yolandi Meyer • Member of the Editorial Board, Journal of Association of Human Rights Institutes International Journal of Constitutional Law • Meyer Y ‘The legality of targeted-killing African Law. conference, Copenhagen, Denmark, 29-30 12(3) 626 – 649. operations in Pakistan’ Comparative and September 2014. • Hailbronner M ‘We the experts. International Law Journal of Southern Magnus Killander • ‘Jurisprudential dialogue in supranational Die geschlossene Gesellschaft der Africa 48(2) 225 - 247. human rights litigation in Africa’ European Verfassungsinterpreten’ 53(3) Der Teaching Society of International Law conference, Staat: Zeitschrift fur Staatslehre und Paul Ogendi Vienna, Austria, September 2014. Verfassungsgeschichte, deutches und • Ogendi P ‘The law and ethics of access to • Academic coordinator and lecturer, LLM/ • Roundtable of future prospects of human europaisches offentliches Recht 425-443. medicines in developing countries’ in Y Joly MPhil Human Rights and Democratisation rights, Human rights and the EU five years & BM Knoppers (eds) Routledge Handbook in Africa after the Lisbon treaty – What next?, Jegede Ademola of Medical Law and Ethics Routledge 401- • Lecturer, LLM/MPhil multi-disciplinary Brussels, Belgium, 10 July 2014. • Jegede AO ‘Adaptation in an era of 418. human rights vanishing territory - the political economy • Coordinator and lecturer, AHRC short Publications by Students and of the impact of climate change versus Azubike Onoura-Oguna total migration, status of statehood • Onoura-Oguna A ‘Migration, Refugees, course, The African regional human rights Extraordinary Staff affiliated system in comparative perspective and refugees in Africa’ Environmental Asylum and Uprooted Peoples’ Rights’ in A. • Supervision of LLB, LLM and LLD to the Centre for Human Rights economics 5(2) 99 - 105. Mihr & M. Gibney (eds) The Sage Handbook dissertations/theses of Human Rights Sage 253-266. Adem Abebe Dan Kuwali Editorships • Abebe AK ‘The substantive validity of • Kuwali D ‘The meaning of ‘intervention’ Jure Vidmar constitutional amendments in South Africa’ under article 4(h)’ in D. Kuwali & F. Viljoen • Vidmar J ‘International community and • Editor-in-chief: African Human Rights Law South African Law Journal 131 656 - 694. (eds) Africa and the responsibility to protect: abuses of sovereign power’ Liverpool Law Reports/Recueil africain des décisions des Article 4(h) of the African Union Constitutive Review 35 193-210. droits humains (PULP) Fernad de Varennes Act Routledge 25-37. • Associate editor for Africa: Oxford Reports • De Varennes F ‘Language and law’ in Hult • Kuwali D ‘Bloody Bucks? Finance and on International Law in Domestic Courts F & Johnson D (eds) Research Methods in Armed Conflicts in Africa’ in J. Bohoslavsky (OUP) & J. Cernic (eds) Making sovereign financing

Centre for Human Rights, University of Pretoria | Annual Report 2014 Graduation ceremony on 10 December 2014 40 FUNDING The financial contributions of these institutions during 2014 are gratefully acknowledged:

• ABSA • Office of the UN High Commissioner for • AUSAID (Austrialian Government) Human Rights (OHCHR), Regional Office for • Cliffe Dekker & Hofmeyr Attorneys Southern Africa (ROSA) • Deutscher Akademischer Austausch Dienst • Open Society Foundation of South Africa (DAAD) (OSFSA) • Embassy of France • Open Society Initiative of Southern Africa • European Union (OSISA) • Flemish Delegation to South Africa • Open Society Foundations Rights Initiative • Ford Foundation (Right to Development Fund) • Foundation for Human Rights • Permanent Mission of Switzerland to the • Foundation Open Society Institute (FOSI) United Nations at Geneva • Geneva Centre for Human Rights • Permanent Mission of Ireland to the United Advancement and Global Dialogue Nations at Geneva • German International Cooperation (GIZ) • Permanent Mission of South Africa to the • International Committee of the Red Cross United Nations at Geneva (ICRC) • Plan International • International Working Group for • Royal Netherlands Government, Embassy Indigenous Affairs (IWGIA) in Pretoria • Irish Aid • Royal Norwegian Government, Embassy in • Juta Publishers Pretoria • Konrad Adenauer Stiftung • Save the Children Fund • National Research Foundation (NRF) • Sonke Gender Justice Network • Norwegian Centre for Human Rights, • United Nations Democracy Fund (UNDEF) The Right to Development Course University of Oslo

Prof Cherryl de la Rey with the Class of 2014 (LLM and MPhil in Human Rights and Democratisation in Africa) Graduation ceremony on 10 December 2014

Centre for Human Rights, University of Pretoria | Annual Report 2014 GET IN TOUCH Centre for Human Rights Faculty of Law University of Pretoria South Africa 0002

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2014 Centre for ANNUAL Human Rights REPORT