The Protection of Human Rights in South Africa


Book Description

The book provides useful information about international human rights norms and their relevance to South Africa. Considering the interplay between international and domestic human rights standards, it explains and explores how the South African Constitution protects human rights.







Advancing Refugee Protection in South Africa


Book Description

Divided into three thematic parts to guide the reader, this important volume documents the development and implementation of refugee policy in South Africa over a 10-year period from 1996 until 2006. In doing so, it addresses issues of detention, gender, children and health as well as welfare policies for refugees. The contributions, all written by academics and practitioners of refugee protection, vividly illustrate the tangible shifts and concerns of a process that is not only aimed at establishing policies and legislation but also practices concerning refugees.







Human Rights Under African Constitutions


Book Description

Some of the most massive and persistent violations of human rights occur in African nations. In Human Rights Under African Constitutions: Realizing the Promise for Ourselves, scholars from a wide range of fields present a sober, systematic assessment of the prospects for legal protection of human rights in Africa. In a series of detailed and highly contextual studies of Ethiopia, Ghana, Guinea, Morocco, Mozambique, Nigeria, Rwanda, Senegal, South Africa, Sudan, and Uganda, experts seek to balance the socioeconomic and political diversity of these nations while using the same theoretical framework of legal analysis for each case study. Standards for human rights protection can be realized only through direct and strong support from a nation's legal and political institutions. The contributors to this volume uniformly conclude that a well-informed and motivated citizenry is the most powerful force for creating the political will necessary to effect change at the national level. In addition to a critical evaluation of the current state of human rights protection in each of these African nations, the contributors outline existing national resources available for protecting human rights and provide recommendations for more effective and practical use of these resources.




Struggle for Human Rights


Book Description

In the independent states of Africa the human rights situation has never promising. The present piece of work is divided into eight chapters. First chapter deals with the introduction. Second chapter, as evident from the title deals with the theoretical aspects of human rights, mainly its origin and development. Various theoretical of rights have also been discussed. The chapter attempts to analyses various systems of Human Rights protection, at national, regional and global levels. The second chapter deals with Human Rights in the new South Africa, role of political parties in the making of New South Africa during the negotiations of the constitution making exercises as well as building the New South Africa after 1994 election. Forth chapter deals with the foreign policy and Human rights. Fifth chapter deals with economic dimensions and Human Rights in South Africa and evaluate the role of reconstruction and development and Growth of Employment and Redistribution (GEAR). Sixth chapter deals with social dimensions and Human Rights. Seventh chapter deals with the Bill of Rights. Concluding remarks have been made in chapter eighth which also attempt of envisage a better future for Human Rights in Africa.




The African Regional Human Rights System


Book Description

The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.







Exploring the link between poverty and human rights in Africa


Book Description

About the publication This book addresses poverty, one of the important issues confronting Africa, from a multi-disciplinary approach. With contributions from eminent scholars from diverse backgrounds, the book explores poverty from a human rights perspective. Its central message is that poverty is not necessarily a failure on the part of an individual, but rather caused by the actions or inactions of governments, which are often exacerbated by structural inequalities in many African societies. This in turn requires a more pragmatic approach grounded in respect for human rights. Exploring the link between poverty and human rights in Africa will be useful to researchers, policymakers, students, activists and others interested in addressing poverty. Table of Contents PREFACE viii ACKNOWLEDGMENTS x CONTRIBUTORS xi 1. General introduction to poverty and human rights in Africa Ebenezer Durojaye & Gladys Mirugi-Mukundi 1 Introduction 2 Understanding poverty 3 Nexus between poverty and human rights 4 Significance of this book 4.1 The relevance 5 Overview of the book 5.1 Section I: Trends and incidence of poverty in Africa 5.2 Section II: Poverty and socio-economic rights 5.3 Section III: Poverty and vulnerable groups 5.4 Section IV: Poverty and access to justice 2. Integrating a human rights approach to food security in national plans and budgets: The South African National Development Plan Julian May 1 Introduction 2 Human rights and food security 3 Development planning and human rights 4 The components of budgeting for human rights 4.1 Diagnostic analysis 4.2 Identifying interventions and budget prioritisation 4.3 Estimating the financial costs of achieving food security 4.5 Estimating social and economic benefits 5 Public expenditure management for food security 5.1 Fiscal and monetary policy 5.2 Multi-year budgeting 6 Conclusion 3. Is South Africa winning the war on poverty and inequality? What do the available statistics tell us? Emmanuel Sekyere, Steven Gordon, Gary Pienaar & Narnia Bohler-Muller 1 Introduction 1.1 Income inequality in South Africa 2 Poverty and human development trends in South Africa 2.1 South African Social Attitudes Survey: Perceptions of poverty 2.2 Human development 3 Access to services 4 Addressing social inequality in South Africa 4.1 Addressing income inequality in South Africa 4.2 Addressing human development challenges 4.3 Addressing service delivery 5 Conclusion and summary of findings 4. Who really ‘state-captured’ South Africa? Revealing silences in poverty, inequality and structurally-corrupt capitalism Patrick Bond 1 Introduction 2 Inequality, the state and its ‘capture’ 3 The political economy of the capitalist state 4 World Bank inequality denialism 5 The fight between hostile brothers: The ‘Zuptas’ and ‘White Monopoly Capital’ 6 Social resistances 5. Poverty, women and the human right to water for growing food Ngcimezile Mbano-Mweso 1 Introduction 2 The human right to water 2.1 Recognition in international law 2.2 Definition and content: Is there a right to water for growing food? 2.3 Normative content of the human right to water for growing food 3 Conclusion 6. The link between environmental pollution and poverty in Africa Olubayo Oluduro 1 Introduction 2 Legal framework for the protection of the environment in Africa 3 Nature of environmental pollution in Africa 3.1 Environmental pollution in Africa: Case studies of some countries 4 Nexus between pollution and poverty 4.1 Environmental pollution leads to diversion of labour 4.2 Increased burden of disease in poor countries 4.3 Problem of food security 4.4 Right to safe drinking water 5 Protecting the environment to fight poverty and achieve the Sustainable Development Goals 6 Recommendations 6.1 Political commitment 6.2 Promotion of education and information sharing 6.3 Eliminating poverty 7 Conclusion 138 7. Alleviating poverty through retirement reforms Kitty Malherbe 1 Introduction 2 Poverty among older persons 3 Current social security provision for older persons 4 Arguments for the reform of the current retirement income system 5 Proposed retirement reforms 5.1 Comprehensive social security and retirement reform process 5.2 Reforms proposed by National Treasury 6 Constitutional principles guiding reforms 6.1 Coordinated approach 6.2 Inclusivity 6.3 Progressive realisation 6.4 Governance and accountability 6.5 Availability of resources 6.6 ‘Lifespan’ view to addressing poverty 7 Potential impact of social security and retirement income reforms 8. Disability, poverty and human rights in Africa: Opportunities for poverty reduction from the UN Convention on the Rights of Persons with Disabilities Enoch M Chilemba 1 Introduction 2 Poverty, disability and human rights link in Africa 2.1 Persons with disabilities in Africa: Among the poorest of the poor 2.2 Poverty, disability and human rights linkage 3 Utilising the opportunities from CRPD in countering obstacles relating to disability and poverty in Africa 3.1 Fostering equality and non-discrimination to reduce poverty 3.2 Fostering inclusive education to eradicate poverty 3.3 Enhancing employment in the open labour market to eradicate poverty 3.4 Ensuring social protection to reduce poverty 4 Conclusion 188 9.The co-existence of gender inequality and poverty Nomthandazo Ntlama 1 Introduction 2 SADC’s transformative vision in eliminating gender inequalities and poverty 2.1 Reducing poverty and eliminating gender inequality: A mammoth task 2.2 Towards a transformative region: Advancing the principles of the community of nations 3 Conclusion 10. The potential of the African human rights system in addressing poverty Bright Nkrumah 1 Introduction 2 Norm creation and norm enforcement: Issues and implications 2.1 Normative framework for addressing poverty 2.2 African Charter on Human and Peoples’ Rights 2.3 Little angels: African Charter on the Rights and Welfare of the Child 2.4 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa 3 Other instruments relating to poverty 3.1 AU Convention on Preventing and Combating Corruption (Anti-Corruption Convention) 3.2 Declaration on Employment and Poverty Alleviation in Africa 3.4 Comprehensive African Agriculture Development Programme 4 Institutional frameworks for addressing poverty 4.1 African Commission on Human and Peoples’ Rights 4.2 African Committee of Experts on the Rights and Welfare of the Child 4.3 African Court on Human and Peoples’ Rights 4.4 Need for complementarity: The road not taken 5 Other related mechanisms 5.1 New Partnership for Africa’s Development 5.2 African Peer Review Mechanism 6 International best practice dealing with poverty 7 Concluding reflections 11. Realising access to justice for the poor: Lessons from working with rural communities Victoria Balogun 1 Introduction 2 What is access to justice for the poor? 3 How are non-profit organisations such as the Centre for Community Justice and Development promoting access to justice in South Africa post-1994? 4 Are there any barriers to access to justice and do they have any implication(s) for the poor in poor communities? 5 The intersection between poverty and access to justice for poor communities 6 Access to justice, the role of legal aid offices and the commitment to serve the poor in poor communities 7 Equality and access to justice for the poor 8 Conclusion 12. The role of the South African Human Rights Commission in ensuring state accountability to address poverty Rachael Adams 1 Introduction 2 Poverty and human rights 2.1 International human rights law 2.2 Poverty and human rights in South Africa 2.3 Socio-economic rights 3 What do we mean by state accountability? 3.1 State accountability 4 South African Human Rights Commission 4.1 Mandate and functions 4.2 Reporting requirements 5 Structures of accountability 5.1 Complaints 5.2 Reporting 6 Inequality and intersectional discrimination 6.1 Interdependence of rights and the role of government 7 Conclusion: The role of the South African Human Rights Commission