Latest news with #ACHPR
Zawya
7 hours ago
- Politics
- Zawya
Joint Statement of Condolence by the African Commission on Human and Peoples' Rights and African Committee of Experts on the Rights and Welfare of the Child on the Passing of Chief Theresa Kachindamoto
The African Commission on Human and Peoples' Rights (ACHPR), together with the African Committee of Experts on the Rights and Welfare of the Child (ACERWC), extends its deepest condolences on the passing of Chief Theresa Kachindamoto on 13 August 2025. Chief Kachindamoto was a pioneering female leader whose vision, courage, and moral conviction broke through cultural barriers and set a powerful example for the African continent and beyond. She took decisive action, annulling thousands of child marriages, challenging deeply entrenched norms and fiercely advocating for every child's right to education. Her tireless commitment transformed the lives of countless children across Malawi, safeguarding their futures and restoring their dignity. Through her innovative community engagement, working with families, leaders, and schools, she ensured that girls could remain in school, free from harmful practices, and able to embrace their childhoods without fear of forced marriage. It was this resolute stance that earned her the distinguished title of 'Chief Terminator,' a name that will forever be remembered as a symbol of her strength, determination and love for her people. Her influence extended far beyond her own community. Chief Kachindamoto inspired national reforms, influenced policy change, and sparked a global conversation about ending child marriage and advancing gender equality. Her passing leaves a profound void in the hearts of all who knew her and in the global human rights community. Yet, her legacy endures in the children she rescued, the communities she transformed, and the generations she inspired to fight for justice, dignity, and equality. To her family, friends, and all who mourn her loss, we extend our deepest sympathy. May her extraordinary life and unwavering mission continue to inspire collective action until every child in Africa and around the world is free from the scourge of harmful traditional practices. Jointly Issued By Hon. Wilson Almeida Adão Chairperson, African Committee of Experts on the Rights and Welfare of the Child Hon. Hermine Kembo Takam Gatsing Special Rapporteur on Child Marriage and Other Harmful Practices, African Committee of Experts on the Rights and Welfare of the Child Hon. Vice-Chair Janet Ramatoulie Sallah-Njie Vice-Chairperson and Special Rapporteur on the Rights of Women in Africa, African Commission on Human and Peoples' Rights Hon. Commissioner Mudford Zachariah Mwandenga Country Rapporteur of Malawi, African Commission on Human and Peoples' Right Distributed by APO Group on behalf of African Commission on Human and People's Rights (ACHPR).
Zawya
10-08-2025
- Politics
- Zawya
African Commission on Human and Peoples' Rights Statement on the Occasion of the International Day of the World's Indigenous Peoples 9 August 2025
The African Commission on Human and Peoples' Rights (ACHPR) joins the international community in commemorating the International Day of the World's Indigenous Peoples, observed annually on 9 August. This year's theme, ' Indigenous Peoples and AI: Defending Rights, Shaping Futures ', invites renewed reflection on the intersection of technology, human rights, and the self-determination of Indigenous communities. While artificial intelligence (AI) and other emerging technologies hold the potential to advance development, they also pose new challenges to the protection of traditional knowledge, cultural heritage, land rights, and privacy. In Africa, Indigenous populations and communities remain integral custodians of biodiversity, guardians of ancestral lands, and bearers of unique cultural identities. Yet, many continue to face systemic discrimination, marginalization, displacement, and the erosion of their cultural and linguistic heritage. The African Charter on Human and Peoples' Rights guarantees the right to equality, non-discrimination, cultural participation, and self-determination, and that these rights extend fully to Indigenous peoples. The Commission underscores the importance of Free, Prior, and Informed Consent (FPIC) in any initiatives affecting Indigenous peoples, including the use of their knowledge, data, and resources in technological systems. AI systems should not exploit Indigenous knowledge Systems (IKS) without compensation. AI should not perpetuate historical injustices or replicate discriminatory patterns; rather, they should be designed and governed in ways that reflect Indigenous worldviews and safeguard their rights. Meaningful participation of Indigenous Peoples in policy-making and in the design of technological systems is essential On this Day, the ACHPR: 1. Calls upon State Parties to the African Charter to adopt and implement robust legal, policy, and institutional frameworks to protect the rights of Indigenous populations and communities, including in the digital sphere. States are encouraged to develop national AI strategies that are inclusive of IKSs as well as Indigenous perspectives and uphold data sovereignty. 2. Urges technology developers and private sector actors to respect Indigenous data sovereignty, avoid exploitative practices, and engage in genuine partnership with affected communities. 3. Encourages civil society, academia, and the media to promote awareness, foster dialogue, and amplify the voices of Indigenous peoples in shaping technological futures. 4. Reaffirms its commitment to monitor, report, and advocate for the full realization of Indigenous peoples' rights, including through its Working Group and other special mechanisms, in conformity with the African Charter on Human and Peoples' Rights and the United Nations Declaration on the Rights of Indigenous Peoples. As the world moves deeper into the digital era, the ACHPR emphasizes that the survival and flourishing of Indigenous peoples in Africa depends on State Parties collective commitment to Indigenous People's Rights, justice, equity, and respect for their environmental custodian role and rights both off and online, today and for generations to come. Distributed by APO Group on behalf of African Commission on Human and People's Rights (ACHPR).
Mail & Guardian
08-05-2025
- Politics
- Mail & Guardian
eSwatini's 20 years of constitutionalism characterised by a crackdown on freedom of expression
Paramedics tend to a person injured by police during protests in Mbabane in 2021 as security forces cracked down on pro-democracy protests in Africa's last absolute monarchy. Photo: AFP Although the African Union has declared 2025 the year of reparations, justice for Africans and people of African descent through reparations, many remain shackled by colonial legal frameworks in the hands of post-colonial and post-independence Africa. The 2024 decision by the eSwatini The last absolute monarchy in Africa will mark the 20th anniversary of its Constitution in July 2025. Since the Constitution was promulgated in July 2005, it is concerning that the highest court would revitalise a colonial law that stifles free expression and erodes trust in democratic institutions. Freedom of expression is the cornerstone of all human rights because advocacy and governmental accountability depend on its protection. Since the emergence of human rights after World War II, freedom of expression has retained its status as one of the fundamental rights enshrined in the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the Africa Charter. The African Commission on Human and Peoples' Rights ( ACHPR) adopted the Declaration of Principles on Freedom of Expression and Access to Information in conformity with Article 9 of the African Charter, highlighting the significance of this right. Sedition laws, Unfortunately, the eSwatini supreme court's ruling in Prime Minister of Eswatini and Another v Thulani Maseko and Six Others only worsens this alarming pattern. In reinstituting the crime of sedition, the court contributed to an environment where protestors, human rights defenders, political opposition, and activists' freedom of expression may be stifled through arbitrary arrests. These groups will be compelled to engage in self-censorship regarding any perceived criticism of the government. Even in a monarchy like eSwatini, sedition laws are untenable as they contradict the right to self-determination, violating Article 1(2) of the United Nations Charter. I disagree with the court's decision for three primary reasons: (1) The Sedition and Subversion Act is excessively vague and lacks specificity, as sedition encompasses multiple insult offences under one umbrella; (2) Terms such as 'disaffection' are subjective and emotive, which encourages prosecutorial abuse; and (3) Sedition establishes a multi-tiered free speech structure that affords greater protections to public officials, contravening Article 19 of the ICCPR. The respondents in the case were charged under the Sedition and Subversion Act (SSA) for various forms of criticism of the government, including making statements at a funeral, wearing T-shirts, and displaying a banner. Although none of the alleged activities resulted in violence or disorder, the court based its support for the Act on the necessity for violence or disorder to follow the 'seditious' utterances. The respondents presented two arguments against the Act: (1) the law violates freedom of expression and opinion as outlined in the eSwatini Constitution, and (2) the crime of sedition is excessively vague, overbroad and oppressive, warranting a declaration of unconstitutionality. These two legal arguments represent the typical reasons courts worldwide have invalidated sedition laws, so it is perplexing that the eSwatini court swiftly dismissed these arguments and instead drew upon other countries' jurisprudence to justify upholding the SSA. In its judgment, the court recognised that eSwatini's conception of sedition was derived from English common law and emphasised the necessity of the SSA, because eSwatini's terrorism statute did not address utterances that could engender disaffection towards the government. The court noted that England, the origin of sedition, had repealed its sedition law because its parliament incorporated similar language into its anti-terrorism legislation. Furthermore, the court reinforced its reintroduction of the SSA by highlighting eSwatini's status as a monarchy. But these justifications fail to address the arguments presented by the respondents, which, upon analysis, clearly indicate that the court's revival of the SSA contravenes international law and infringes upon the rights to free expression, opinion, and assembly as guaranteed by its Constitution. One of the respondents' arguments that any utterance could fall within the SSA is accurate, as speech that creates 'disaffection' is a subjective assessment that allows broad latitude for police officers' discretion to arrest any expression they perceive as critical. But, what constitutes criticism for one person may not be the same for another, leaving the SSA without justiciable standards that can be uniformly applied in each case. The respondent correctly asserted that the SSA undermines the core principle and fundamental right to free expression. Free expression serves multiple purposes, including fostering a marketplace of ideas, where expression relating to government, including criticism, holds the highest value. Another compelling argument made by respondents was that limiting the expression of views contrary to the government's ideals and aspirations leads to a 'docile citizenry' and hinders democratic values. This is true because democracies thrive on dissenting opinions. The respondents asserted that courts cannot objectively adjudicate words such as discontent, ill-will, disaffection and hostility because they are emotionally charged terms. Colonial-era sedition laws employing these terms create muddled jurisprudence that fails to clarify the types of speech that violate the law for citizens. The eSwatini government's crackdown on dissent through sedition laws grants unrestricted power for authorities to trample upon the rights they are meant to protect and advance for their citizens. Although the respondents did not explicitly state it, this argument underscores the fundamental importance of free expression for self-determination. The eSwatini supreme court found that the SSA was not void for vagueness. General Comment No 34 provides guidance on ICCPR's article 19(3), which allows for limitations on free expression. Limitations are only permissible as follows: '[w]hen a state party invokes a legitimate ground for restriction of freedom of expression, it must demonstrate in specific and individualised fashion the precise nature of the threat, and the necessity and proportionality of the specific action taken, in particular by establishing a direct and immediate connection between the expression and the threat.' The reinterpretation of the SSA in the judgment fails to elaborate on a direct and immediate connection between the content of the speech and the threat of violence or public disorder. This failure exposes a fatal flaw of sedition laws: they lack a specific nature of the threat, encompassing crimes like incitement, hate speech, true threats, criminal defamation and conspiracy to commit insurrection. Not only does this overbreadth of multiple expressions violate one law and fail the specificity requirement, but the vague emotional language of the crime creates a subjective problem of determining the threshold at which expression evolves from allowable dissent to advocating for violence. The courts must reconcile this problem by removing the words 'disaffection,' 'hatred' and 'contempt' and providing an imminence element resembling a 'clear and present danger' standard. Since their inception in England and proliferation through colonialism, sedition laws have established a multi-class structure for free expression rights. This is because the crime of seditious libel was created to suppress criticism of the British monarchy and public officials during times of social unrest. The recent rise of authoritarianism has ushered in a rollback of freedom of expression not witnessed in recent memory. According to the OHCHR, the general comments of the Human Rights Committee carry interpretive weight because the ICCPR is seen as a foundational document, akin to a Constitution, and the treaty body's interpretations fill the gaps left in the Covenant. Free expression is the paramount political freedom, meaning eSwatini must implement narrowly tailored restrictions. The Sedition and Subversion Act directly opposes this principle. The court should have clarified the definitional ambiguities, such as 'disaffection', intentionally included in sedition statutes like the SSA to suppress dissent and eliminate opposing opinions. The court's reinvigoration of the SSA violates the eSwatini Constitution and the ICCPR. Moreover, General Comment No 34 clearly states that laws creating special speech protections for monarchies, administrations, and government officials are impermissible, as those bodies and individuals expose themselves to criticism as custodians of government institutions. As eSwatini gears up for its 20th anniversary of constitutionalism, it must not justify the Sedition and Subversion Act based on its identity as a monarchy, as the right to self-determination under the UN Charter depends on the people's ability to speak critically or positively about their government without fear of reprisal. Melusi Simelane is the civic rights cluster lead at the .
Zawya
11-03-2025
- Politics
- Zawya
Seychelles: President Ramkalawan Welcomes Delegation from African Commission on Human and Peoples' Rights
President Wavel Ramkalawan received a delegation from the African Commission on Human and Peoples' Rights (ACHPR) at State House this morning. The delegation was led by Honourable Commissioner Solomon Ayele Dersso as part of a promotional mission to assess the state of human rights in Seychelles. In his opening remarks, President Ramkalawan warmly welcomed the delegation and praised the ACHPR's ongoing efforts in advancing human rights across the African continent. He reaffirmed Seychelles' unwavering commitment to the principles enshrined in the African Charter and reiterated the government's dedication to ensuring a dignified life for all Seychellois citizens. The delegation's visit aims to evaluate various aspects of human and peoples' rights in Seychelles. During the discussions, Honorable Solomon Ayele Dersso underscored several key areas of interest, including the prison riot of January 2025, the December 7th disaster, progress on the Truth, Reconciliation and National Unity Commission (TRNUC) report, the role of Parliament in upholding legislative duties, the state of freedom of expression, and initiatives surrounding the upcoming elections. Speaking to the press, Honourable Dersso emphasized that the delegation would engage with various stakeholders to gather critical data for their assessment. He commended Seychelles for implementing key social provisions, such as free education and healthcare with protective measures, describing them as exemplary models for other African nations. Additionally, he acknowledged the country's continued progress in strengthening democratic institutions. "The promotional mission of the African Commission on Human and Peoples' Rights involves firsthand engagement at the national level to gather direct information and understanding about the state of human rights in the country," he explained. "This encompasses freedom of expression, issues related to prison conditions, the social and economic wellbeing of people in Seychelles, and a wide range of other issues that affect human rights and peoples in Seychelles." The Commission's findings will be compiled into a comprehensive report, which will subsequently be released to the media. Honorable Dersso is expected to present preliminary observations during a press conference scheduled for March 14, 2025. Present at the meeting were the Minister for Foreign Affairs, Mr. Sylvestre Radegonde; Principal Secretary Ambassador Vivienne Fock-Tave; Director General for Regional Affairs, Mr. Christian Faure; Director for Regional Affairs, Mrs. Veronique Morel; and Legal Advisor at the Ministry of Foreign Affairs, Mrs. Sandra Michel. Distributed by APO Group on behalf of State House Seychelles.
Zawya
08-03-2025
- Politics
- Zawya
Statement By the Special Rapporteur on the Rights of Women in Africa on the Occasion of the International Women's Day
On this momentous occasion of International Women's Day 2025, the African Commission on Human and Peoples' Rights (ACHPR), through its Special Rapporteur on the Rights of Women in Africa (SRRWA), stands at a pivotal juncture in the global pursuit of gender equality and the empowerment of women and girls. This year's theme, 'For ALL Women and Girls: Rights. Equality. Empowerment,' resonates deeply as we commemorate the 30th anniversary of the Beijing Declaration and Platform for Action. This landmark framework has shaped the global agenda for women's rights and gender equality. The Beijing Declaration, adopted in 1995, was a clarion call to dismantle systemic barriers, challenge discriminatory norms, and ensure the full participation of women in all spheres of life. Three decades later, we celebrate progress, particularly in Africa, where women have broken barriers in politics, education, entrepreneurship, and leadership. Yet, we must also confront the stark realities that persist: gender-based violence, unequal access to education and healthcare, economic disparities, and the underrepresentation of women in decision-making spaces. Africa has witnessed remarkable strides in advancing the rights and empowerment of women and girls, demonstrating the continent's resilience and commitment to gender equality. Some of the most notable trends include: Increased Political Representation: Since adopting the Beijing Declaration in 1995, numerous African States have made remarkable strides in advancing women's political participation. Rwanda leads globally, with women occupying over 60% of parliamentary seats. Countries such as South Africa, Namibia, and Senegal have also achieved significant progress in promoting gender-balanced representation. Additionally, the appointment of female Heads of State across the continent has marked a transformative shift in political leadership. Notable examples include Ellen Johnson Sirleaf of Liberia, Africa's first elected female president; Sahle-Work Zewde of Ethiopia, who serves as the country's first female president; and Samia Suluhu Hassan of Tanzania, who became the nation's first female Head of State. Other inspiring leaders include Catherine Samba-Panza of the Central African Republic, interim president, and Ameenah Gurib-Fakim of Mauritius, the country's first female president. Most recently, Namibia appointed its first female Head of State, Netumbo Nandi-Ndaitwah, further underscoring the growing momentum toward gender equality in African politics. Advancements in Education: The gender gap in primary and secondary education is narrowing across the continent. Countries like Kenya, Ghana, and Botswana have achieved near parity in school enrolment, empowering girls with the tools to build brighter futures. Women's Economic Empowerment: African women are increasingly breaking barriers in entrepreneurship and leadership. Initiatives such as the African Women's Development Fund and the African Union's Women in Business program have supported women-led businesses, fostering economic growth and innovation. Legal Reforms: Many African countries have enacted progressive laws to protect women's rights, including laws against gender-based violence, child marriage, and workplace discrimination. Countries like Malawi, Tanzania, Zambia, Gambia, and Mali have raised the legal age of marriage to 18, safeguarding girls from early marriages. Grassroots Movements: Women-led movements and organizations are driving change at the community level. From the #MeToo movement in Nigeria to the fight against gender-based violence in South Africa, African women are raising their voices and demanding accountability. Despite these positive trends, significant challenges remain, hindering the full realization of gender equality and women's empowerment in Africa, including: Gender-Based Violence (GBV) and Harmful Traditional Practices: Despite the establishment of progressive legal frameworks, gender-based violence, and harmful traditional practices continue to plague societies, driven by deeply entrenched cultural norms, plural legal systems, and a lack of political will to enforce progressive laws. Child marriage remains widespread, perpetuating cycles of inequality and disempowerment. Similarly, GBV persists at alarming rates, manifesting in domestic violence, sexual assault, and harmful practices such as female genital mutilation (FGM). These challenges highlight the urgent need for stronger implementation of existing laws and a transformative shift in societal attitudes to eradicate these violations and protect the rights and dignity of women and girls. Humanitarian crises, such as climate change and conflicts, have further exacerbated these challenges, highlighting the urgent need for stronger protections and support systems. Economic Inequality: Women continue to face barriers to economic participation, including limited access to land, credit, and technology. The informal sector, where many African women work, often lacks social protections and fair wages. Health Disparities: Maternal mortality rates remain unacceptably high in some regions, and access to sexual and reproductive health services is often limited. Teenage pregnancy and HIV/AIDS disproportionately affect women and girls. Underrepresentation in Leadership: While progress has been made, women remain underrepresented in political and corporate leadership roles. Cultural and institutional barriers often prevent women from ascending to decision-making positions. Conflict and Displacement: Women and girls in conflict-affected regions face heightened risks of violence, exploitation, and displacement. The ongoing crises in parts of the Sahel, the Horn of Africa, and the Great Lakes region underscore the need for gender-sensitive peacebuilding and humanitarian responses. Intersectional Discrimination: Marginalized groups of women, including those with disabilities, older women, and rural women, face compounded discrimination and exclusion from opportunities. To build on the progress and address persistent challenges, the ACHPR urges African governments, civil society, the private sector, and international partners to accelerate the implementation of the Beijing Platform for Action and Agenda 2063. This can be achieved through aligning national policies with these frameworks and ensuring gender equality is mainstreamed across all sectors. The ACHPR calls for the strengthening of legal frameworks, enhanced access to justice for survivors, and increased investment in prevention programs to eradicate gender-based violence in all its forms. It further emphasizes the need to expand women entrepreneurs' access to finance, land, and technology and ensure equal pay for equal work to close the gender wage gap. Affirmative action measures, such as quotas, should be implemented to increase the representation of women in political and leadership roles at all levels. The ACHPR also urges prioritizing girls' education, particularly in STEM fields, and ensuring universal access to sexual and reproductive health services. Finally, the ACHPR calls for the recognition and addressing of the unique challenges faced by marginalized groups of women, including those with disabilities, rural women, and refugees. As we celebrate the resilience and achievements of African women and girls, let us remember that the fight for gender equality is far from over. The Beijing Declaration and Platform for Action, alongside Agenda 2063, provide a roadmap to a future where every woman and girl can live with dignity, freedom, and opportunity. On this International Women's Day, let us recommit to the principles of rights, equality, and empowerment—not just for some, but for ALL women and girls. Honourable Commissioner Janet Ramatoulie Sallah-Njie Special Rapporteur on the Rights of Women in Africa of the ACHPR and Vice-Chairperson of the ACHPR Distributed by APO Group on behalf of African Commission on Human and People's Rights (ACHPR).
