Addressing the issue of human rights.
By Tonny Kyule
In today's rapidly changing world, the need to advocate for human rights cannot be overstated. These rights recognize the basic human needs and demands. They refer to any basic right or freedom to which all human beings are entitled and in whose the government may not interfere, including rights to life and liberty as well as freedom of thought and expression and equality before the law. It is expected that every civilized state will incorporate these rights in its constitution and try to ensure that they are adhered to, to mitigate any form of abuse to individuals.
The Universal Declaration Human Rights, which the UN adopted on 10 December, 1948 enumerates some important basic rights of humans. It is encompassed of right to life, to freedom of speech, judicial remedy and protection, freedom to movement, right to take part in leadership or governance of one’s country, right to liberty and security of person among other pivotal rights and freedoms. The problem about human rights varies from society to society, individuals to individuals among other variance lists. It should be well tacited that human rights are those rights which are fundamental for the human life. They are key in recognizing the basic human needs and demands.
In Africa, the malady of human rights violations and issues has been sung and danced for many decades without any action been implemented. Some people do not get the same respect as others just because of the way they look. This is an example of a human rights violation. A human right violation is when a right is being abused in such a way that it affects how some people live their life. It is hard to even think about that this is going on in Africa today. It is a big problem in today's society, and many are speaking out about it. Speaking and speaking, arguing and complaining as much as they can; but not necessarily inciting measure which can change our continent. As Malala Yousafzai said— "I have a dream that one day, all the nations of the world will be united to protect human rights", we should put much efforts into ensuring that we protect each other as Africans, ensuring that we scrutinize our communalism and implement it to our living. This will ensure that Africans feasibly achieve an atmosphere engrossed with sermons and voices calling for action towards protecting human rights. ubiquitous
Another poignant issue to address in Africa is the gross domestic violence against women. The United Nations defines this as any act of gender-based violence that results in, or is likely to cause physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life. Gross domestic violence can either be involving intimate partners, sexual or phychological abuse , physical aggression, sexual version , controlling behaviors just but to mention. A 2018 analysis of prevalence data from 2000–2018 across 161 countries and areas, conducted by World Health Organization (WHO) on violence against women, found that worldwide, nearly 1 in 3, or 30%, of women have been subjected to physical and /or sexual violence by an intimate partner or non-partner sexual violence or both. It is sad to note that as many as 38% of all murders of women are committed by intimate partners in addition to 6% of women report having been sexually assaulted by someone other than a partner. Africa should stand still and ensure that this miasma is called off as soon as possible. Both men and women must strategically work to put forward effective measures that will assist in bringing change and those accountable for any harm inflicted to book. Proper reporting channels and education should be administered to allow effective communication in addressing violence against women.
Historically, the prohibition of same-sex activities has been a common as of the laws and governance of many countries, often rooted in religious, societal, moral or other beliefs. As of today, many countries has criminalized consensual same-sex sexual acts, with penalties ranging from fines and imprisonment to the death penalties. For instance, death penalty for same-sex sexual acts is legally prescribed and enforced in some African countries such as Mauritania, Nigeria (in some provinces), Uganda, Somalia and others. While there is a global trend towards decriminalization, especially in some nations, particularly in the Western, some countries continue to viciously enforce and even strengthen these laws.This is a violation of fundamental human rights including the right to non-discrimination and equality. It’s important that we understand that many of these laws were a legacy of colonial rule. Better channels can be utilized to ensure that same-sex activities are prohibited.Educating the public, guidance and counselling among other activities would preponderantly solve this issue.
It has been proven based on evidence and research that time to time, LGBTQI+ people face extremely high levels of violence especially in Africa as some communities consider these individuals as accursed. There is an urgent need to ensure that these challenges faced by LGBTQI people in Africa are well addressed, beyond the legal frame encompassing the struggle for the hearts and minds of all societies. Reports from different parts of Africa and beyond highlight alarming rates of violence based on sexual orientation, gender identity and expression, and sex characteristics in all regions affecting people across the LGBTQI+ spectrum. Navigating the threat of violence and discrimination is elusive if not helped. A report on Ending Violence against LGBTQI+ People (produced by Social Development Direct for FCDO’s What Works to Prevent Violence programme) gives evidence on violence against LGBTQI+ people and identifies promising practices as well as emerging insights into what works to prevent this kind of violence. These are humans and should be treated with utmost respect and dignity. They should have access to good healthcare, food, shelter, quality education among other basic needs without any discrimination. National government should ensure continued support to make this successful.
Human trafficking is nowadays called modern slavery, and is a human rights violation. Every year, millions of people experience significant health and social consequences. In 2021, the Global Slavery Index estimated that 50 million people were living in slavery, an increase of 10 million since 2016. In Africa, at least 7 million men, women, and children were living in modern slavery, a prevalence rate of 5 people for every 1000 people. Evidence on factors influencing human trafficking in Africa is emerging. Factors that propel human trafficking are poverty, gender discrimination, environmental factors, poor governance, demographic factors, famine, war, political instability, economics and others. The pull factors are the demand for domestic workers and cheap uncompensated labor. Sociocultural factors are identified as factors leaving women and children vulnerable to trafficking especially early child marriage, lack of access to social services in rural areas, limited access to education (especially for girls), limited peer education, family discord, dissatisfaction with traditional ways of life, the attraction of paid work to support natal families, pregnancy outside of marriage and associated stigma, leaving school at an early age, and large family size.
Quality education in Africa is a malady. More than 20% of children between six and 11 years, and over 33% of young people between 12 and 14, are not in school in sub-Saharan Africa. For those aged 15 to 17, that figure is 60%. This is according to the United Nations Educational, Scientific and Cultural Organisation (UNESCO). There is also unequal access to education, with women and girls most affected. UNESCO says an estimated nine million girls in Africa between six and 11 never go to school, as opposed to six million boys in the same age category. Despite the palpable benefits of education, Africa, especially sub-Saharan Africa, still struggles to improve educational outcomes. Poverty in some countries limit educational benefits as education is not free. Education extends beyond primary and secondary schools reaching colleges and universities. Governments of different countries in Africa must put much efforts to ensure that education is free.
According to UNICEF, gender inequality has a profound impact on the lives of children in Eastern and Southern Africa. This doesn't mean that the other provinces of Africa are excluded. Gender inequality is prevalent surpassing tribes, ethnicity, cultures, age among other social, political, economic and demographic factors. It should be noted that gender equality is fundamental to the achievement of human rights . People across diverse regions face the impact of the gendered society they live in. The study by UNICEF suggests that women and girls carry the majority of the care and domestic burden in every country in the region, are less likely to be employed in the formal sector (and where they are employed, earn lower wages), are less likely to be able to influence government policy, and experience high levels of violence. Gender inequality creates more barriers for girls and women. Men and boys also face gender issues which usually call for immediate action to address it. To achieve gender equality, responsibility, accountability and speaking out in times of persecution has to be observed. Ethical and investigative reporting of such cases can assist in calling for gender equality.
Africa Union suggest that Africa has the youngest population in the world with more than 400 million young people aged between the ages of 15 to 35 years. This population demands for an increase of investment in economic , political and social development factors, in order to improve the development index of African nations. Different youth empowerment policies should be implemented to protect the youth and ensure that governments commit to promoting youth participation throughout society. Specific areas of interest must be clearly focused on to allow youth empowerment. They include administering education and development skills, youth employment and entrepreneurship, governance, peace and security, youth health and sexual reproductive health rights, agriculture, climate change and the environment. The effect of drug and substance abuse should be well explained to the youths. Focusing on these areas can easily empower youths and make them job creators ending the disaster of poverty and dependency.
Wangari Maathai the Nobel peace prize winner from Kenya argues that, “We owe it to ourselves and to the next generation to conserve the environment so that we can bequeath our children a sustainable world that benefits all.” She further will tell you that it's the little things citizens do that's what will make the difference, sharing her that hers is planting trees. Environmental Justice therefore acknowledges that environmental challenges such as pollution, climate change, deforestation or the misuse of natural resources can impact on individuals’ and communities’ enjoyment of fundamental rights, including the right to health, the right to an adequate standard of living, the right to self‐determination and the right to life itself. These challenges can also impact on governments’ capacity to protect and fulfil the rights of their citizens. This is well pointed out in an abstract by Kariuki Muigui— Human Rights and Sustainable Development: Harmonizing the Concepts for Environmental Justice. Environmental Justice therefore acknowledges that human rights and environmental protection are mutually supportive ideals. Addressing environmental injustices therefore requires a human-rights based, multidisciplinary approach that focuses on immediate environmental justice needs and tackles the structural inequalities that cause and perpetuate environmental injustices.
Political participation and governance in Africa is intrinsically linked to the protection and promotion of human rights. Governance rooted in democratic principles is important in ensuring that citizens can participate freely in public life and that their rights are respected. Participation in government, either through elected representatives or directly is a fundamental human right. This encompasses right to vote, vie for election among others. Participatory democracy is when citizens are actively involved in decision making process. This is key for building accountable governments. Equal access to political participation is pivotal to ensure free and fair governance especially in Africa. Rules of law are essential in addressing barriers like discrimination based on race, gender, or protection of human rights and fostering a climate of trust and accountability. In Africa, it is sagacious for leaders to ensure proper representation of all segments of the society including marginalized groups to achieve political participation and governance. Addressing this and more challenges will promote good government and fair political participation.
A study by UNHCR - The UN Refugee Agency estimates that 123 million people have been possibly and forcibly displaced worldwide. Across Africa, 36 million people fleeing war, conflict and persecution. For example ,Kenya today hosts more than 700,000 refugees and asylum seekers. Behind all this are migrated children, families and students longing to be heard, seen and welcomed. Different governments in Africa can ensure that information— free from biases and prejudices is well delivered to different people in different locations. This can involve intentionate crafting of stories which seek to elucidate and educate citizens in different countries on refugee rights and freedoms. Investigation by governments is paramount especially in taming and exposing corrupt leaders who take advantage of donations, funds and resources meant for the refugees and using them for their personal interests. Pointing out the challenges affecting refugees and them that has migrated for example diseases as a result of overcrowded settlement in their camps, poor healthcare and education and limited legal protection can be crucial in fostering change and calling for action. We can all serve as watchdogs, reporting on any cases or issue of violence, ill-treatment and misconduct by both the public or government organizations calling for justice.
Healthcare access and other health-related human rights are legally binding commitments enshrined in international human rights instruments. WHO’s Constitution recognizes the right to health. In Africa, some countries are yet to acquire or provide good healthcare. Infact, many countries are struggling to achieve this. Right to good healthcare is a universal right of all human beings, regardless of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Addressing discrimination against healthcare requires attention to overlapping and intersecting factors of discrimination notably gender, race, ethnicity, disability, sexual orientation, gender identity and socioeconomic status. The right to healthcare is indivisible from other human rights, including the rights to education, participation, food, housing, work and information. Every human being has the right to the highest attainable standard of physical and mental health. Countries in Africa has the legal obligation to develop policies that guarantee citizens good healthcare and regulations that address the root causes of health disparities including discrimination, poverty, stigma and others. By doing this, Africa will be at par of easily evading the challenges associated with poor healthcare.
Cultural rights are those that protect the rights for each person, individually and in community with others, as well as groups of people and enable them develop and express their humanity, their world view and the meanings they give to their existence and their development through, inter alia, values, beliefs, convictions, languages, knowledge and the arts, institutions and ways of life. They include protecting access to cultural heritage and resources that allow such identification and development processes to take place. According to African charter, cultural needs explore the physical and mental development which requires particular care with regard to health, physical, mental, moral and social development, and requires legal protection in conditions of freedom, dignity and security. African countries have re-affirmed their recognition of, and commitment to, promoting and safeguarding human rights in Africa; as exemplified in the African Charter, the African Charter on the Rights and Welfare of the Child (African Children's Charter)and the African Women's Protocol. Ensuring positive culture promotion will not only ensure that human rights are observed but also ensure cultural peace, etiquette and positivity.
African Commission on Human and Peoples' Rights (ACHPR) defines “media freedom” as a term used in this Joint Declaration to mean the freedom, independence and plurality of the news media, including the production, publication and dissemination of journalistic content across all mediums and platforms. Freedom of expression is the freedom for us all to express ourselves. It is the right to speak, to be heard, and to participate in political, artistic, and social life. It also includes the 'right to know': the right to seek, receive, and share information through any media. Every individual shall have the right to express and disseminate his opinions within the law. The System is made up of the African Commission on Human and Peoples' Rights and the African Court of Human and People's Rights. Press freedom in Africa is an issue that cannot be understated. Several media policies, rules and regulations should be implemented as some governments in Africa are still limiting press freedom. For example a recent notice from the Communication Authority of Kenya, on 25th of June— Wednesday ordered all media stations to stop live coverage of the Gen Z protest anniversary, warning that non-compliance could result in their broadcast signals being switched off. It did not end here, officers from the Communication Authority forcefully switched off some free to air signals leaving behind questions on media and press freedom. Freedom of expression in some countries in Africa is limited. Some citizens fear for their lives. In some provinces, abductions are prevalent raising eyebrows on the issue of governance and freedom of expression.
Social and economic rights include the rights to adequate food, to adequate housing, to education, to health, to social security, to take part in cultural life, to water and sanitation, and to work. The judiciary has a fundamental role in developing our understanding of these rights, in affording remedies in cases of violations, and in providing decisions on test cases, all of which can lead to systematic institutional change to prevent future violations. It should be noted that this rights are interlinked. Governing authorities and bodies in different countries should ensure that social and economic equality is guaranteed. The governments should offer opportunities to citizens. This will ensure that economic stability and equality is achieved. Adequately offering social services will promote growth in Africa.
Finally, it should be noted that while Africa has made strides in establishing a human rights framework, significant challenges persist in its effective implementation and enforcement. The African human rights system, including the African Charter and the African Court, offers valuable mechanisms for protection, but its impact is often hindered by issues like weak state institutions, lack of political will, and insufficient resources. Furthermore, the continent is affected by persistent human rights violations, including political oppression, ethnic violence, and the suppression of free expression. Moving forward, rigorous efforts by all are needed to strengthen human rights institutions, promote accountability, and ensure that human rights are integrated into all aspects of governance and development across the beloved continent— Africa!