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jegede ademola oluborode by ademola jegede
Book, 2019
At the start of Nigeria’s Fourth Republic on 29 May 1999, there was great optimism as to the emer... more At the start of Nigeria’s Fourth Republic on 29 May 1999, there was great optimism as to the emergence of a new democratic future representing a significant break from the political undulations of the past. Two decades and four presidential epochs later, there is a prevalent question as to how well Nigeria has fared in governance and human rights post-1999. This book revisits the democratic ‘new dawn’ of the Fourth Republic discussing pertinent matters integral to Nigeria’s democratic future post-2019.
South African Journal of Environmental Law and Policy, 2015
The relationship between environmental protection and human rights is challenging. As a regional ... more The relationship between environmental protection and human rights is challenging. As a regional response, the African Charter on Human and Peoples’ Rights (African Charter) embodies three approaches on how human rights can protect the environment and vice versa. Also, the African Commission on Human and Peoples’ Rights (African Commision) complemented by the African Court of Human and Peoples’ Rights (African Court) allows actio popularis and offers jurisprudence in support of these approaches. Thus far, in the working of the African Commission on the above approaches, environmental protection is limited to the context of victims and findings of human rights violations. This is inadequate in that while ensuring human rights, it subordinates the responsibility towards environmental protection. While this inadequacy reflects the ‘instrumental’ and ‘intrinsic’ distinction in the anthropocentric/ecocentric debate about the environment, it is not certain whether, and if so, how this debate may shape the interpretation of the African Charter by the African Commission and the African Court. This article examines the basis and how anthropocentricism/ecocentricism debate may shape the African Commission and the African Court in interpreting or applying the African Charter and its rule on actio popularis towards protecting the environment for its intrinsic worth.
Book, 2019
At the start of Nigeria’s Fourth Republic on 29 May 1999, there was great optimism as to the emer... more At the start of Nigeria’s Fourth Republic on 29 May 1999, there was great optimism as to the emergence of a new democratic future representing a significant break from the political undulations of the past. Two decades and four presidential epochs later, there is a prevalent question as to how well Nigeria has fared in governance and human rights post-1999. This book revisits the democratic ‘new dawn’ of the Fourth Republic discussing pertinent matters integral to Nigeria’s democratic future post-2019
African Human Rights Year Book, 2019
The predicament of climate refugees has gained international attention. However, there is no expl... more The predicament of climate refugees has gained international attention. However, there is no explicit legal protection for them under international law, including African regional law. Their legal protection is not clear. Some scholars and practitioners argue that the existing international framework on refugees does not cover climate refugees. At the African regional level, the 2009 African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa refers to climate-induced displacement but it does not govern migration beyond borders. This article examines international human rights and refugee law instruments, particularly the 1951 UN Convention Relating to the Status of Refugees and 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, to identify the challenges and prospects in the legal recognition and protection of climate refugees in Africa. It finds that the gaps existing in the refugee protection regime for climate refugees is historical and continues up to the present. The article consequently argues that the best way to ensure protection for climate refugees in Africa is the operationalising by the AU of its solidarity and humanistic approach as a demonstration of its commitment to the ideals of Pan-African cooperation for addressing common continental problems. TITRE ET RÉSUMÉ EN FRANCAIS: La protection des « refugies du climat » dans le systeme africain des droits de l'homme: la proposition d'une approche fondee sur les valeurs RÉSUMÉ: La situation précaire des réfugiés climatiques a attiré l'attention de la communauté internationale. Cependant, le droit international, y compris le droit régional africain, ne les protègent pas. Leur protection légale n'est pas claire. Praticiens et doctrinaires sont d'avis que le cadre international existant sur les réfugiés ne couvre pas les réfugiés climatiques. Au niveau régional africain, la Convention de l'Union africaine de 2009 sur la protection et l'assistance aux personnes déplacées en Afrique fait référence au déplacement induit par le climat, mais ne régit pas la
African Human Rights Yearbook, 2019
The predicament of climate refugees has gained international attention. However, there is no expl... more The predicament of climate refugees has gained international attention. However, there is no explicit legal protection for them under international law, including African regional law. Their legal protection is not clear. Some scholars and practitioners argue that the existing international framework on refugees does not cover climate refugees. At the African regional level, the 2009 African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa refers to climate-induced displacement but it does not govern migration beyond borders. This article examines international human rights and refugee law instruments, particularly the 1951 UN Convention Relating to the Status of Refugees and 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, to identify the challenges and prospects in the legal recognition and protection of climate refugees in Africa. It finds that the gaps existing in the refugee protection regime for climate refugees is historical and continues up to the present. The article consequently argues that the best way to ensure protection for climate refugees in Africa is the operationalising by the AU of its solidarity and humanistic approach as a demonstration of its commitment to the ideals of Pan-African cooperation for addressing common continental problems. TITRE ET RÉSUMÉ EN FRANCAIS: La protection des « refugies du climat » dans le systeme africain des droits de l'homme: la proposition d'une approche fondee sur les valeurs RÉSUMÉ: La situation précaire des réfugiés climatiques a attiré l'attention de la communauté internationale. Cependant, le droit international, y compris le droit régional africain, ne les protègent pas. Leur protection légale n'est pas claire. Praticiens et doctrinaires sont d'avis que le cadre international existant sur les réfugiés ne couvre pas les réfugiés climatiques. Au niveau régional africain, la Convention de l'Union africaine de 2009 sur la protection et l'assistance aux personnes déplacées en Afrique fait référence au déplacement induit par le climat, mais ne régit pas la
Papers by ademola jegede
Oil, Gas & Energy Law, 2021
African Human Rights Law Journal, 2017
During the year 2016 several significant normative developments were recorded in the African huma... more During the year 2016 several significant normative developments were recorded in the African human rights system. The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Older Persons in Africa was adopted but is yet to be ratified by any member state. The African Court delivered three merit decisions dealing with the right to fair trial and the right to political participation: a judgment on reparations; one ruling on jurisdiction; and one ruling on a review application. Despite this positive outlook, Rwanda's withdrawal of its article 34(6) declaration allowing direct access by individuals and NGOs posed a real challenge to the Court's legitimacy in cases with sensitive political implications. Both the African Commission and African Children's Committee made progress on the examination of state reports. As far as communications are concerned, the African Commission delivered seven merit decisions, while the African Children's Committee delivered two decisions on the merits and one ruling on admissibility. The African Children's Committee's decision on the age of childhood in Malawi, which was reached through an amicable settlement, led to constitutional amendments increasing the
![Research paper thumbnail of Climate Change Interventions in South Africa: The Significance of Earthlife Africa Johannesburg v Minister of Environmental Affairs (Thabametsi case) [2017] JOL 37526 (GP)](https://attachments.academia-assets.com/112611937/thumbnails/1.jpg)
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Indilinga: African Journal of Indigenous Knowledge Systems, 2016
Climate change and its adverse impacts are real in Africa. While there exists indigenous knowledg... more Climate change and its adverse impacts are real in Africa. While there exists indigenous knowledge and practices which are useful in responding to adverse effects of climate change, an assessment of adaptation processes of selected states in Africa which have embarked on national adaptation plans of action (NAPA) in response to climate change reveals that scanty attention is placed on the relevance of indigenous knowledge. This article explores the potential in regional channels under the African Union (AU) to influence and shape the promotion of indigenous knowledge in climate related adaptation actions at the national level in Africa. Intervention through regional channels can be anchored on institutions and initiatives, namely, the Committee of African Heads of State and Government on Climate Change (CAHOSCC), African Ministerial Conference on the Environment (AMGEN) and the Climate for Development in Africa Programme which operates through the three channels of African Climate Policy Centre (ACPC), Climate Change and Desertification Unit (CCDU) and Climate for Development in Africa Special Fund (CDSF).
Gender and behaviour, 2017
Dignitas, 2017
Key global climate change instruments, in particular, the United Nations Framework Convention on ... more Key global climate change instruments, in particular, the United Nations Framework Convention on Climate Change, Kyoto Protocol and the recently adopted Paris Agreement emphasise the importance of climate change mitigation actions in developing states. Generally, resolutions linking climate change to human rights, for instance, from the United Nations Human rights Council and the African Commission on Human and Peoples' rights also call upon states to ensure human rights in climate actions. While the implementation of mitigation actions has the potential to enhance the realisation of socioeconomic rights in developing states, climate instruments which govern their implementation have not been articulated in terms of duties of states to ensure that end. This article clarifies states' duties under international climate change related instruments to ensure socioeconomic rights in mitigation actions. It then contends legitimate expectation and the existence of complementary legislation and policies as legal bases for their application in Nigeria.
Pretoria Student Law Review, 2020
This special edition of the Pretoria Student Law Review (PSLR) is devoted to papers presented at ... more This special edition of the Pretoria Student Law Review (PSLR) is devoted to papers presented at a Conference on Decolonisation and Africanisation of Legal Education hosted by the University of Venda and the South African Law Deans Association (SALDA).1 This was the third event on decolonisation and Africanisation under the umbrella of SALDA in the period 2016 to 2019 and the first devoted to law students.
Governance, Human Rights, and Political Transformation in Africa, 2020
Under the apartheid regime in South Africa, the adopted Westminster model of governance allowed f... more Under the apartheid regime in South Africa, the adopted Westminster model of governance allowed for parliamentary sovereignty with no clear separation between the branches of government. With the birth of democracy, there is textual division of state power between the Legislature, Judiciary and Executive in the resultant 1996 Constitution. Whether or not the main end of this division is to achieve interdependence of the executive, legislature and judiciary that allows the branches of government to be complementary as well as serve as checks and balances on one another merits an examination. This contribution argues that there exists interdependence in the functioning of different arms of government in the democratic dispensation that allows the branches of government to be inter-reliant. While reflecting on judicial interventions by the Constitutional Court, it demonstrates that the interdependent relationship does not foreclose the arms of government from checks and balances of power in South Africa.
Environmental Law Review
Carbon tax has attracted attention as an instrument of climate action for transiting towards the ... more Carbon tax has attracted attention as an instrument of climate action for transiting towards the objective of stabilising global temperatures below 2 °C. Its significance as a response to climate change is, however, disputed. Also, its possible implications on key fundamental human rights of poor populations are rarely discussed. South Africa enacted a Carbon Tax Act in 2019 amid the challenge of poverty and its commitments to both climate actions and human rights. This paper interrogates the significance of the Carbon Tax Act and clarifies the potential implications that it may have on key human rights of poor populations. It recommends the need to channel the revenue generated from the implementation of the Carbon Tax Act to address its potential adverse impact on human rights of poor populations in South Africa.
Arabian Journal of Geosciences, 2021
The rise in demand for natural gas has spurred the need to investigate the inland sedimentary bas... more The rise in demand for natural gas has spurred the need to investigate the inland sedimentary basin for more potential sources. In response, the petrophysical parameters of the carbonaceous shale samples from two deep boreholes of Anambra Basin were evaluated. The gas-prone nature of Nkporo shale showed a thermal evolution of a Type III kerogen with initial HI value between 650 and 800 mgHC/gTOC, S2/S3 < 1, a maximum Tmax value of 488°C and have a low hydrocarbon generation potential ranging from 0.07 to 0.15. However, the average TOC content (2.21 wt%) indicated a good source rocks for hydrocarbon since it exceeds threshold limit of 0.5%. The plot of HI against Tmax shows that the organic matter belongs to the Type-III kerogen which reflects the capability of the Npkoro Formation to generate more natural gas than oil compared to Type-II kerogen. The high values (>3) of pristane/phytane ratio in both wells indicated that the organic matter belongs to terrigenous source deposit...
At the start of Nigeria’s Fourth Republic on 29 May 1999, there was great optimism as to the emer... more At the start of Nigeria’s Fourth Republic on 29 May 1999, there was great optimism as to the emergence of a new democratic future representing a significant break from the political undulations of the past. Two decades and four presidential epochs later, there is a prevalent question as to how well Nigeria has fared in governance and human rights post-1999. This book revisits the democratic ‘new dawn’ of the Fourth Republic discussing pertinent matters integral to Nigeria’s democratic future post-2019
Book, 2019
At the start of Nigeria’s Fourth Republic on 29 May 1999, there was great optimism as to the emer... more At the start of Nigeria’s Fourth Republic on 29 May 1999, there was great optimism as to the emergence of a new democratic future representing a significant break from the political undulations of the past. Two decades and four presidential epochs later, there is a prevalent question as to how well Nigeria has fared in governance and human rights post-1999. This book revisits the democratic ‘new dawn’ of the Fourth Republic discussing pertinent matters integral to Nigeria’s democratic future post-2019.
South African Journal of Environmental Law and Policy, 2015
The relationship between environmental protection and human rights is challenging. As a regional ... more The relationship between environmental protection and human rights is challenging. As a regional response, the African Charter on Human and Peoples’ Rights (African Charter) embodies three approaches on how human rights can protect the environment and vice versa. Also, the African Commission on Human and Peoples’ Rights (African Commision) complemented by the African Court of Human and Peoples’ Rights (African Court) allows actio popularis and offers jurisprudence in support of these approaches. Thus far, in the working of the African Commission on the above approaches, environmental protection is limited to the context of victims and findings of human rights violations. This is inadequate in that while ensuring human rights, it subordinates the responsibility towards environmental protection. While this inadequacy reflects the ‘instrumental’ and ‘intrinsic’ distinction in the anthropocentric/ecocentric debate about the environment, it is not certain whether, and if so, how this debate may shape the interpretation of the African Charter by the African Commission and the African Court. This article examines the basis and how anthropocentricism/ecocentricism debate may shape the African Commission and the African Court in interpreting or applying the African Charter and its rule on actio popularis towards protecting the environment for its intrinsic worth.
Book, 2019
At the start of Nigeria’s Fourth Republic on 29 May 1999, there was great optimism as to the emer... more At the start of Nigeria’s Fourth Republic on 29 May 1999, there was great optimism as to the emergence of a new democratic future representing a significant break from the political undulations of the past. Two decades and four presidential epochs later, there is a prevalent question as to how well Nigeria has fared in governance and human rights post-1999. This book revisits the democratic ‘new dawn’ of the Fourth Republic discussing pertinent matters integral to Nigeria’s democratic future post-2019
African Human Rights Year Book, 2019
The predicament of climate refugees has gained international attention. However, there is no expl... more The predicament of climate refugees has gained international attention. However, there is no explicit legal protection for them under international law, including African regional law. Their legal protection is not clear. Some scholars and practitioners argue that the existing international framework on refugees does not cover climate refugees. At the African regional level, the 2009 African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa refers to climate-induced displacement but it does not govern migration beyond borders. This article examines international human rights and refugee law instruments, particularly the 1951 UN Convention Relating to the Status of Refugees and 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, to identify the challenges and prospects in the legal recognition and protection of climate refugees in Africa. It finds that the gaps existing in the refugee protection regime for climate refugees is historical and continues up to the present. The article consequently argues that the best way to ensure protection for climate refugees in Africa is the operationalising by the AU of its solidarity and humanistic approach as a demonstration of its commitment to the ideals of Pan-African cooperation for addressing common continental problems. TITRE ET RÉSUMÉ EN FRANCAIS: La protection des « refugies du climat » dans le systeme africain des droits de l'homme: la proposition d'une approche fondee sur les valeurs RÉSUMÉ: La situation précaire des réfugiés climatiques a attiré l'attention de la communauté internationale. Cependant, le droit international, y compris le droit régional africain, ne les protègent pas. Leur protection légale n'est pas claire. Praticiens et doctrinaires sont d'avis que le cadre international existant sur les réfugiés ne couvre pas les réfugiés climatiques. Au niveau régional africain, la Convention de l'Union africaine de 2009 sur la protection et l'assistance aux personnes déplacées en Afrique fait référence au déplacement induit par le climat, mais ne régit pas la
African Human Rights Yearbook, 2019
The predicament of climate refugees has gained international attention. However, there is no expl... more The predicament of climate refugees has gained international attention. However, there is no explicit legal protection for them under international law, including African regional law. Their legal protection is not clear. Some scholars and practitioners argue that the existing international framework on refugees does not cover climate refugees. At the African regional level, the 2009 African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa refers to climate-induced displacement but it does not govern migration beyond borders. This article examines international human rights and refugee law instruments, particularly the 1951 UN Convention Relating to the Status of Refugees and 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, to identify the challenges and prospects in the legal recognition and protection of climate refugees in Africa. It finds that the gaps existing in the refugee protection regime for climate refugees is historical and continues up to the present. The article consequently argues that the best way to ensure protection for climate refugees in Africa is the operationalising by the AU of its solidarity and humanistic approach as a demonstration of its commitment to the ideals of Pan-African cooperation for addressing common continental problems. TITRE ET RÉSUMÉ EN FRANCAIS: La protection des « refugies du climat » dans le systeme africain des droits de l'homme: la proposition d'une approche fondee sur les valeurs RÉSUMÉ: La situation précaire des réfugiés climatiques a attiré l'attention de la communauté internationale. Cependant, le droit international, y compris le droit régional africain, ne les protègent pas. Leur protection légale n'est pas claire. Praticiens et doctrinaires sont d'avis que le cadre international existant sur les réfugiés ne couvre pas les réfugiés climatiques. Au niveau régional africain, la Convention de l'Union africaine de 2009 sur la protection et l'assistance aux personnes déplacées en Afrique fait référence au déplacement induit par le climat, mais ne régit pas la
Oil, Gas & Energy Law, 2021
African Human Rights Law Journal, 2017
During the year 2016 several significant normative developments were recorded in the African huma... more During the year 2016 several significant normative developments were recorded in the African human rights system. The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Older Persons in Africa was adopted but is yet to be ratified by any member state. The African Court delivered three merit decisions dealing with the right to fair trial and the right to political participation: a judgment on reparations; one ruling on jurisdiction; and one ruling on a review application. Despite this positive outlook, Rwanda's withdrawal of its article 34(6) declaration allowing direct access by individuals and NGOs posed a real challenge to the Court's legitimacy in cases with sensitive political implications. Both the African Commission and African Children's Committee made progress on the examination of state reports. As far as communications are concerned, the African Commission delivered seven merit decisions, while the African Children's Committee delivered two decisions on the merits and one ruling on admissibility. The African Children's Committee's decision on the age of childhood in Malawi, which was reached through an amicable settlement, led to constitutional amendments increasing the
Indilinga: African Journal of Indigenous Knowledge Systems, 2016
Climate change and its adverse impacts are real in Africa. While there exists indigenous knowledg... more Climate change and its adverse impacts are real in Africa. While there exists indigenous knowledge and practices which are useful in responding to adverse effects of climate change, an assessment of adaptation processes of selected states in Africa which have embarked on national adaptation plans of action (NAPA) in response to climate change reveals that scanty attention is placed on the relevance of indigenous knowledge. This article explores the potential in regional channels under the African Union (AU) to influence and shape the promotion of indigenous knowledge in climate related adaptation actions at the national level in Africa. Intervention through regional channels can be anchored on institutions and initiatives, namely, the Committee of African Heads of State and Government on Climate Change (CAHOSCC), African Ministerial Conference on the Environment (AMGEN) and the Climate for Development in Africa Programme which operates through the three channels of African Climate Policy Centre (ACPC), Climate Change and Desertification Unit (CCDU) and Climate for Development in Africa Special Fund (CDSF).
Gender and behaviour, 2017
Dignitas, 2017
Key global climate change instruments, in particular, the United Nations Framework Convention on ... more Key global climate change instruments, in particular, the United Nations Framework Convention on Climate Change, Kyoto Protocol and the recently adopted Paris Agreement emphasise the importance of climate change mitigation actions in developing states. Generally, resolutions linking climate change to human rights, for instance, from the United Nations Human rights Council and the African Commission on Human and Peoples' rights also call upon states to ensure human rights in climate actions. While the implementation of mitigation actions has the potential to enhance the realisation of socioeconomic rights in developing states, climate instruments which govern their implementation have not been articulated in terms of duties of states to ensure that end. This article clarifies states' duties under international climate change related instruments to ensure socioeconomic rights in mitigation actions. It then contends legitimate expectation and the existence of complementary legislation and policies as legal bases for their application in Nigeria.
Pretoria Student Law Review, 2020
This special edition of the Pretoria Student Law Review (PSLR) is devoted to papers presented at ... more This special edition of the Pretoria Student Law Review (PSLR) is devoted to papers presented at a Conference on Decolonisation and Africanisation of Legal Education hosted by the University of Venda and the South African Law Deans Association (SALDA).1 This was the third event on decolonisation and Africanisation under the umbrella of SALDA in the period 2016 to 2019 and the first devoted to law students.
Governance, Human Rights, and Political Transformation in Africa, 2020
Under the apartheid regime in South Africa, the adopted Westminster model of governance allowed f... more Under the apartheid regime in South Africa, the adopted Westminster model of governance allowed for parliamentary sovereignty with no clear separation between the branches of government. With the birth of democracy, there is textual division of state power between the Legislature, Judiciary and Executive in the resultant 1996 Constitution. Whether or not the main end of this division is to achieve interdependence of the executive, legislature and judiciary that allows the branches of government to be complementary as well as serve as checks and balances on one another merits an examination. This contribution argues that there exists interdependence in the functioning of different arms of government in the democratic dispensation that allows the branches of government to be inter-reliant. While reflecting on judicial interventions by the Constitutional Court, it demonstrates that the interdependent relationship does not foreclose the arms of government from checks and balances of power in South Africa.
Environmental Law Review
Carbon tax has attracted attention as an instrument of climate action for transiting towards the ... more Carbon tax has attracted attention as an instrument of climate action for transiting towards the objective of stabilising global temperatures below 2 °C. Its significance as a response to climate change is, however, disputed. Also, its possible implications on key fundamental human rights of poor populations are rarely discussed. South Africa enacted a Carbon Tax Act in 2019 amid the challenge of poverty and its commitments to both climate actions and human rights. This paper interrogates the significance of the Carbon Tax Act and clarifies the potential implications that it may have on key human rights of poor populations. It recommends the need to channel the revenue generated from the implementation of the Carbon Tax Act to address its potential adverse impact on human rights of poor populations in South Africa.
Arabian Journal of Geosciences, 2021
The rise in demand for natural gas has spurred the need to investigate the inland sedimentary bas... more The rise in demand for natural gas has spurred the need to investigate the inland sedimentary basin for more potential sources. In response, the petrophysical parameters of the carbonaceous shale samples from two deep boreholes of Anambra Basin were evaluated. The gas-prone nature of Nkporo shale showed a thermal evolution of a Type III kerogen with initial HI value between 650 and 800 mgHC/gTOC, S2/S3 < 1, a maximum Tmax value of 488°C and have a low hydrocarbon generation potential ranging from 0.07 to 0.15. However, the average TOC content (2.21 wt%) indicated a good source rocks for hydrocarbon since it exceeds threshold limit of 0.5%. The plot of HI against Tmax shows that the organic matter belongs to the Type-III kerogen which reflects the capability of the Npkoro Formation to generate more natural gas than oil compared to Type-II kerogen. The high values (>3) of pristane/phytane ratio in both wells indicated that the organic matter belongs to terrigenous source deposit...
At the start of Nigeria’s Fourth Republic on 29 May 1999, there was great optimism as to the emer... more At the start of Nigeria’s Fourth Republic on 29 May 1999, there was great optimism as to the emergence of a new democratic future representing a significant break from the political undulations of the past. Two decades and four presidential epochs later, there is a prevalent question as to how well Nigeria has fared in governance and human rights post-1999. This book revisits the democratic ‘new dawn’ of the Fourth Republic discussing pertinent matters integral to Nigeria’s democratic future post-2019
African Human Rights Law Journal, 2018
The African Human Rights Decade (2017-2027) did not get off to a good start. The African Commissi... more The African Human Rights Decade (2017-2027) did not get off to a good start. The African Commission on Human and Peoples' Rights has been facing a backlash from the African Union Executive Council since granting observer status to the Coalition for African Lesbians in 2015, which has escalated to a level where the independence of the Commission is at stake. While the number of cases decided by the Commission has dropped steadily, its other monitoring roles and its role as a norm setter remain important. Many cases are pending before the African Court on Human and Peoples' Rights. However, almost all the contentious cases are against the few states that have made a declaration allowing direct access to the Court. The limited access to the Court is also as a result of its own jurisprudence. Thus, the opportunity of NGOs to submit requests for advisory opinions was severely limited by the Court in the SERAP case. The increased hostility of states towards the African human rights system demonstrates that many states are sensitive to human rights criticism.
South African Journal of International Affairs
Human Rights and the Environment under African Union Law, 2020
Stellenbosch Law Review
The need for states and civil society to contribute to the global response to climate change is a... more The need for states and civil society to contribute to the global response to climate change is an important feature of international climate change instruments and literature. While states are duty-bearers of rights for all, protests are a historic strategy of civil society to demand accountability and foster societal change. The protection of protests is not specifically guaranteed under human rights law, but its inferred legal basis and scope reflects the liberal tradition, where Dworkin’s right-based theory on the tension between individual rights and the collective or societal goal is significant. This tension is expressed in South Africa, a developing country, where the liberal rights tradition has played a major influence on the formulation and application of rights and their legal limitations. The challenges which may result from this tension for climate-related protests are rarely clarified and the way in which these challenges may be addressed has not been carefully articu...
The right to water is recognized by section 27 (1)(b) of the South African Constitution. The righ... more The right to water is recognized by section 27 (1)(b) of the South African Constitution. The right to safe drinking water is an essential component of major international human rights instruments, and the UN Human Rights Committee has, in General Comment no. 15, interpreted the International Bill of Human Rights to encompass the right to safe water. This paper argues that the constitutional right to water encompasses the right to access to safe drinking water, which is measured against the criteria of availability, quality, acceptability, accessibility and affordability. South Africa has defined concrete minimum standards for safe drinking water in the Water Services Act 108 of 1997, and in regulations passed in terms of this Act. This paper investigates the extent of the realisation or non-realisation of the right to water in Dzimauli, Vhembe District and its implications for the provision of water in South African and beyond. Despite constitutional obligations to provide safe wate...
International Journal on Minority and Group Rights, 2021
Book Reviews and Review Essays, Recent Books on Human Rights and Groups Edited by Gaetano Pentass... more Book Reviews and Review Essays, Recent Books on Human Rights and Groups Edited by Gaetano Pentassuglia,
Ghana Journal of Development Studies, 2018
In 2015, the Sustainable Development Goals (SDGs) replaced the Millennium Development Goals (MDGs... more In 2015, the Sustainable Development Goals (SDGs) replaced the Millennium Development Goals (MDGs), but due to its newness at the global stage, how the implementation of the former can be shaped by courts remains unclear. The authors conducted an extensive and systematic review of existing literature on MDGs, SDGs and health litigation cases decided by the Constitutional Court in South Africa. The rationale for this approach is to examine whether the SDGs connect with the right to health and how the court can shape the policy environment for the implementation of SDGs. It was found that the SDGs connect with the right to health and that the Constitutional Court has influenced the MDGs policy environment, hence, can contribute to the implementation of health related SDGs in South Africa. It is concluded that Courts' role as a platform of accountability, a catalyst of change in the policy environment and agent of social mobilization are important lessons for implementing health related SDGs in South Africa. It is recommended that government and indeed other stakeholders should take into consideration the role of court as they pursue the implementation of health related SDGs in South Africa.