In this week’s blog post, Matilda Lasseko-Phooko explores the implementation of the Maputo Protocol and sheds light on the role played by women leaders in making this possible.

The Maputo Protocol, adopted two decades ago in Maputo, Mozambique, marked a historic moment for women's rights in Africa. In this blog post, Esther Waweru discusses the gaps in the African Charter which necessitated the Protocol’s adoption in so far as gender equality and women’s rights are concerned.

In celebration of the 20th anniversary of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Maputo Protocol), ALM will be running a series reflecting on its progress and challenges. We will bring to you blog posts authored by women’s rights experts from the region providing commentary on various aspects of the Protocol.

According to the World Health Organization, an estimated 1.3 billion people experience significant disability. This represents 16% of the world’s population or 1 in 6 of us. Persons with disabilities face discrimination and barriers that restrict them from participating in society on an equal basis with others every day. They are commonly denied amongst others rights, their right to be included in the workplace. In this article, Ann Haret Chepkemoi appraises laws that relate to persons with disability in Kenya.

For a number of years it has been observed that South Africa needs more people to study at vocational schools, including Technical and Vocational Education and Training (TVET) colleges. There has also been a steady increase in the number of learners qualifying for university admission, yet universities are unable to house them all. Thandeka Nokwanda Khoza argues that there is a need to close the gap in the market by destigmatising vocational training so that more learners apply to and attend TVET colleges.

Same-sex unions are currently not performed in Namibia. However, last month, the Namibian Supreme Court held that the Namibian government should recognize same-sex marriages conducted outside Namibian jurisdiction. In this article, Mahima critically analyzes the judgment of the court in Digashu and Others v GRN and Others; Seiler-Lilles v GRN and Others, bringing to the fore human rights issues, and comparativism in judicial reasoning.

Many constitutions in Africa contain what are known as “clawback clauses,” which exempt personal law from their guarantees of nondiscrimination. In this week’s post, the authors posit that a decolonization approach which surfaces the history of colonial involvement in constitution-making can also be helpful in legal cases involving the clawback provisions, and in broader policy advocacy and public awareness-raising about the need to reconsider and revise personal status law regimes.

Following his retirement from the Constitutional Court, Justice Sachs penned an award-winning book detailing his experiences on the Bench. In Episode 2 of our interview, he explains the inspiration behind this thought-provoking read and what he hopes readers will take from it.

Recently, the Parliament of Uganda passed the Anti-Homosexuality Bill (AHB) with the objective of establishing, amongst other things, “comprehensive and enhanced legislation to protect the traditional family by strengthening the nation’s capacity to deal with emerging internal and external threats to the traditional heterosexual family.” In this article, Dr. Sylvie Namwase argues that the continued cycle of human rights violations in Uganda falls within the broader context of authoritarian control, and will soon affect other minority groups.

Last year the United Kingdom engaged in talks with Rwanda over the two nations’ migration and economic development partnership ( Rwanda asylum plan ). In this article, Dr. D’orsi gives an overview of Rwanda’s position concerning the UK’s plan to deport some asylum seekers to its country. In addition, he assesses Rwanda’s asylum system to determine how safe it is for asylum seekers.

Last year, the South African Minister of Home Affairs, Dr. Aaron Motswaledi announced the termination of the Zimbabwean Special Permits (ZEPs) set to expire at the end of 2021. Thato Gaffane argues that this decision is a violation of the international principle of non-refoulment and also, fatally flawed in as far as it lacks consideration for section 33 of the Constitution of the Republic of South Africa.

Africa faces a variety of developmental woes that have resulted in various injustices, including environmental injustice. Stephen Morgan discusses the importance of recognising this injustice and makes a case for a reorientation of what we assume to be our moral responsibility towards the environment using indigenous African values and practices.

Climate change has created a children’s rights crisis which disproportionately affects children on the African continent. Bryony Fox discusses this issue and argues that it is time for a comprehensive children's rights approach to climate change impacts in Africa.

Corporations increasingly enjoy more rights but face fewer consequences for abusing rights. Erika George argues that a new approach is urgently needed and that constitutional courts should be more concerned with the concentrated power of the private sector and protecting the public space for effective policy making and adjudication.

In the course of digitalisation, economic and other activities are increasingly internationalising and their challenges can thus be less frequently addressed through state constitutions. Although there is no constitutional framework that would allow private power to be effectively constrained at the international level, Johannes Masing argues that a certain uniting basis of constitutionalism across borders may be found in human rights.