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Editors International editorial advisory board Frans Viljoen Jean Allain Editor-in-chief; Professor of Human Rights Law Professor of Public International Law, Monash and Director, Centre for Human Rights, University, Australia University of Pretoria, South Africa Fareda Banda Solomon Ebobrah Professor in the Laws of Africa, School of Extraordinary Lecturer, Centre for Human Oriental and African Studies, University of Rights, University of Pretoria; Professor of Law, London Niger Delta University, Nigeria Gina Bekker Magnus Killander Teaching Associate, Monash University, Professor, Centre for Human Rights, University of Australia Pretoria Victor Dankwa Tshepo Madlingozi Professor of Law, University of Ghana Senior Lecturer, Faculty of Law, University of Pretoria John Dugard Member, International Law Commission; Annelize Nienaber Extraordinary professor, Centre for Human Professor, Faculty of Law, University of Pretoria Rights, University of Pretoria Christof Heyns Publication manager Chair of the international editorial advisory Isabeau de Meyer board; Director: Institute for International and Comparative Law in Africa, University of Pretoria Assisted by Edward Kwakwa Foluso Adegalu Legal Counsel, World Intellectual Property Doctoral candidate, Centre for Human Rights, Organisation, Geneva, Switzerland University of Pretoria Sandy Liebenberg Rudo Chigudu HF Oppenheimer Chair in Human Rights Law, Doctoral candidate, Centre for Human Rights, University of Stellenbosch, South Africa University of Pretoria Tiyanjana Maluwa Rutendo Chinamona Professor of Law, Dickinson School of Law, Academic associate, Centre for Human Rights, Pennsylvania State University, USA University of Pretoria Joe Oloka-Onyango Kennedy Kariseb Associate Professor of Law, Faculty of Law, Tutor; doctoral candidate, Centre for Human Makerere University, Uganda Rights, University of Pretoria Kate O’Regan Michael Nyarko Former Justice, Constitutional Court of South Tutor; doctoral candidate, Centre for Human Africa Rights, University of Pretoria Fatsah Ouguergouz Ciara O’Connell Judge, African Court on Human and Peoples’ Post-doctoral fellow, Centre for Human Rights, Rights University of Pretoria Michael Reisman William Oluchina Myres S McDougal Professor of International Doctoral candidate, Centre for Human Rights, Law, Yale Law School, USA University of Pretoria Geraldine van Bueren Professor of International Human Rights Law at Queen Mary, University of London THIS JOURNAL SHOULD BE CITED AS (2018) 18 AHRLJ The African Human Rights Law Journal publishes contributions dealing with human rights, with a special focus on topics of relevance to Africa, Africans and scholars of Africa. The Journal appears twice a year, in June and December. The Journal is an open access online publication; see www.ahrlj.up.ac.za The Journal is included in the International Bibliography of the Social Sciences (IBSS) and is accredited by the South African Department of Higher Education and Training. AFRICAN HUMAN RIGHTS LAW JOURNAL Volume 18 No 1 2018 2018 African Human Rights Law Journal Volume 18 No 1 2018 Published by: Pretoria University Law Press (PULP) The Pretoria University Law Press (PULP) is a publisher, based in Africa, launched and managed by the Centre for Human Rights and the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law in Africa that have been peer-reviewed. PULP also publishes a number of journals, series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa. For more information on PULP, see: www.pulp.up.ac.za To order, contact: Centre for Human Rights Faculty of Law University of Pretoria South Africa 0002 Tel: +27 12 420 4948 Fax: +27 86 610 6668 [email protected] www.pulp.up.ac.za Printed and bound by: BusinessPrint, Pretoria Cover design: Lizette Hermann, Centre for Human Rights, University of Pretoria ISSN: 1609-073X EISSN: 1996-2096 The financial assistance of the European Union is gratefully acknowledged. The sponsorship of the conference on the rule of law by Konrad Adenauer Stiftung Rule of Law Programme for Sub-Saharan Africa, Nairobi, Kenya is gratefully acknowledged. CONTENTS Editorial............................................................................ iv Revisiting the normative framework of the African Commission on Human and Peoples’ Rights in the context of evidence obtained through human rights violations: Has it served its purpose? by Robert D Nanima ........................................................ 1 Circumventing obstacles to the implementation of recommendations by the African Commission on Human and Peoples’ Rights by Chairman Okoloise ...................................................... 27 Analysing the monitoring mechanisms of the African Women’s Protocol at the level of the African Union by Ashwanee Budoo ......................................................... 58 Civic space and human rights advocacy in the extractive industry in Uganda: Implications of the 2016 Non- Governmental Organisations Act for oil and gas civil society organisations by Christopher Mbazira and Teddy Namatovu.................. 75 A critique of the judicial attitude towards matrimonial property rights under customary law in Nigeria’s southern states by Anthony C Diala.......................................................... 100 Implementing legal accountability to reduce maternal mortality and morbidity in Uganda by Daphine Kabagambe Agaba........................................ 123 Boko Haram and the child’s right to education in Africa: Examining the accountability of non-state armed groups by Seun Solomon Bakare .................................................. 143 Payment obligations of taxpayers pending dispute resolution: Approaches of South Africa and Nigeria by Carika Fritz.................................................................. 171 Does the Mauritian Constitution protect the right to privacy? An insight from Madhewoo v The State of Mauritius by Roopanand Mahadew ................................................. 189 i ii (2017) 17 AFRICAN HUMAN RIGHTS LAW JOURNAL Focus: The rule of law in sub-Saharan Africa: Reflections on promises, progress, pitfalls and prospects Editorial introduction to special focus: The rule of law in sub-Saharan Africa: Reflections on promises, progress, pitfalls and prospects by Charles M Fombad and Eric Kibet ................................. 205 An overview of the crisis of the rule of law in Africa by Charles M Fombad....................................................... 213 The rule of law and democracy in Ghana since independence: Uneasy bedfellows? by Kwame Frimpong and Kwaku Agyeman-Budu ............... 244 Standing, access to justice and the rule of law in Zimbabwe by Admark Moyo .............................................................. 266 Prosecuting international crimes in the Democratic Republic of the Congo: Using victim participation as a tool to enhance the rule of law and to tackle impunity by Derek Inman and Pacifique Muhindo Magadju ............. 293 Women’s access to regional justice as a fundamental element of the rule of law: The effect of the absence of a women’s rights committee on the enforcement of the African Women’s Protocol by Annika Rudman ........................................................... 319 Large-scale agricultural land acquisitions and Ethiopia’s ethnic minorities: A test for the rule of law by Tilahun Weldie Hindeya................................................ 346 The challenges for the rule of law posed by the increasing use of electronic surveillance in sub-Saharan Africa by Lukman Adebisi Abdulrauf............................................ 365 The right to privacy in the age of surveillance to counter terrorism in Ethiopia by Hiruy Wubie Gebreegziabher ........................................ 392 The Nairobi Principles on Accountability as a means of monitoring and enforcing the rule of law and accountability for international crimes in Africa by Thomas Obel Hansen and Njonjo Mue ......................... 413 iii Please note that the editors will only consider submissions that have not already been submitted for publication or published elsewhere. Submissions should be no longer than 10 000 words (footnotes included). Also see http://www1.chr.up.ac.za/index.php/ahrlj-contributors-guide.html for detailed style guidelines. 2018 Subscriptions Subscription enquiries and orders to: Pretoria University Law Press (PULP) E-mail: [email protected] Fax: +27 86 610 6668 2 x issues ZAR645-00 (excluding postage, postage is charged per issue) This Journal is an open access free online journal and is available for searching and free download at: http://www.ahrlj.up.ac.za AFRICAN HUMAN RIGHTS LAW JOURNAL Editorial This issue of the African Human Rights Law Journal is divided into two sections: first, a section containing regular contributions; and second, a special focus section containing contributions dealing with contemporary challenges to the rule of law in Africa. The contributions in the first section of the Journal cover both the African regional human rights system and aspects of the human rights situation in national jurisdictions on the continent. The Journal appears at a time of heightened scrutiny of the African Commission on Human and Peoples’ Rights. This is largely due to the tension between the Commission and the African Union’s policy organs over the granting of observer
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