African Disability Rights Yearbook Volume 7 2019 2019 ISSN: 2311-8970 Pages: 279 Print version: Available Electronic version: Free PDF available About the publication The African Disability Rights Yearbook aims to advance disability scholarship. Coming in the wake of the United Nations Convention on the Rights of Persons with Disabilities, it is the first peer-reviewed journal to focus exclusively on disability as human rights on the African continent. It provides an annual forum for scholarly analysis on issues pertaining to the human rights of persons with disabilities. It is also a source for country-based reports as well as commentaries on recent developments in the field of disability rights in the African region. Table of Contents EDITORIAL SECTION A: ARTICLES The implications of Article 12 of the Convention on the Rights of Persons with Disabilities for the legal capacity of persons with psychosocial and intellectual disabilities in Ethiopia Merga Yadesa Dibaba Human rights and access to health care for persons with albinism in Africa Ebenezer Durojaye and Satang Nabaneh Conflicting discourses on conceptualising children with disabilities in Africa Shimelis Tsegaye Tesemma and Susanna Abigaêl Coetzee Right to self-representation for people with mental disabilities in Kenya’s courts Paul Juma The place of sign language in the inclusive education of deaf learners in Zimbabwe amid CRPD (mis)interpretation Martin Musengi Left in the periphery: An appraisal of voting rights for persons with disabilities in Zimbabwe Nkosana Maphosa, CG Moyo and B Moyo SECTION B: COUNTRY REPORTS Tchad Serge Marcellin Tengho Mali Marianne Séverin Burundi Gerard Emmanuel Kamdem Kamga Republic of Congo Marianne Séverin and Chretien Fontcha South Sudan Innocentia Mgijima-Konopi, Theophilus M Odaudu and Reshoketswe Mapokgole SECTION C: REGIONAL DEVELOPMENTS Leveraging the international human rights system to advance local change for South African women with disabilities Anastasia Holoboff & Suzannah Phillips The right to an adequate standard of living in the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities Africa Yvette Basson BOOK REVIEW Simon Foley: Intellectual disability and the right to a sexual life (2019) Charles Ngwena
African Disability Rights Yearbook Volume 1 2013 Edited by Charles Ngwena, Ilze Grobbelaar‐du Plessis, Helene Combrinck and Serges Djoyou Kamga 2014 ISSN: 2311-8970 Pages: 385 Print version: Available Electronic version: Free PDF available About the publication The African Disability Rights Yearbook breaks new ground in disability scholarship. Coming in the wake of the United Nations Convention on the Rights of Persons with Disabilities, it is the first peer-reviewed journal to focus exclusively on disability as human rights on the African continent. It provides an annual forum for scholarly analysis on issues pertaining to the human rights of persons with disabilities. It is also a source for country-based reports as well as commentaries on recent developments in the field of disability rights in the African region. Preface This is the first issue of the African Disability Rights Yearbook (ADRY). Drawing inspiration from the European Yearbook on Disability Law, it is the first publication of its kind that focuses on Africa. It aims to bring into prominence an area traditionally neglected by both African governments and academics. Following in the wake of the adoption of the United Nations Convention on the Rights of Persons with Disabilities, it is the first peer-reviewed journal to focus exclusively on disability as human rights on the African continent. The Yearbook, which is projected to appear annually, is set out in three sections. Section A contains academic articles: Section B consists of country-based research, charting recent developments on disability rights legislation, case law and policy developments in selected African states; and Section C deals with relevant developments in the African Union (AU) and African sub-regional organisations. The 2013 Yearbook aims to set out the situation as at 31 December 2012. The publication of the Yearbook in 2013 is a milestone in the engagement on the rights of persons with disabilities by the Centre for Human Rights, Faculty of Law, University of Pretoria, under whose auspices this publication was conceived and is being produced. It marks a highlight in the efforts taken by the Centre over the last few years to bring more academic attention to the rights of persons with disabilities in Africa. These efforts have only been possible with the support of the Open Society foundations, in particular, Open Society Initiative for Southern Africa (OSISA). Over the last years, OSISA has collaborated with the Centre for Human Rights, University of Pretoria, to strengthen the teaching and research in law faculties in the Southern Africa on disability rights. The collaboration consists of the following elements: (a) Efforts are made to assist in the building of capacity of law faculties in the region, through the attendance of the LLM (Human Rights and Democratisation in Africa) with a focus on disability rights by staff members from these law faculties, The staff members subsequently return to their faculties, institute and develop teaching on disability rights, and institutionalise faculty-based activities and ‘centres’ around disability rights. So far, the following faculties have participated: Universidade Eduardo Mondlane, Mozambique (Faculdade de Direito); the University of Botswana; the University of Malawi (Chancellor College, Faculty of Law); University of Namibia; Midlands State University, Zimbabwe (Faculty of Law); University of Zambia; and University of Dodoma (Tanzania); University of Namibia. These faculties/centres have the responsibility/mandate to research on disability rights; promote awareness and sensitise key stakeholders in the population about the rights of persons with disabilities and the existing legal framework; elaborate position papers and advocate for particular legal reforms; keep record of/identify and engage in litigation of selected cases pertaining to the violation of the rights of persons with disabilities; and provide legal advice to persons with disabilities. (b) The Centre presents a one-week intensive short course on disability rights to build capacity and to disseminate information on disability rights more broadly in Africa. This course is attended by participants from all over the continent. (c) Together, the participating faculties are developing a curriculum for the teaching of an undergraduate course on disability rights at law schools in the region. (d) Academic work on and awareness about disability rights is stimulated, in particular, through the publication of this Yearbook, an academic conference, and a first Southern African Disability Rights Moot Court Competition. This Yearbook is the accomplishment of many. It has been a project long in planning and preparation, and time consuming in execution. The publication is the endproduct of collaborations between the Centre and numerous partners, in particular (UWC). A very sincere and profound word of thanks goes to the following: The four editors: the convening editor, Prof Charles Ngwena, who joined the Centre for Human Rights last year; he worked with Dr Ilze Grobbelaar-Du Plessis (UP); Prof Helene Combrinck (UWC) and Dr Serges Djoyou Kamga (UNISA) as co-editors. It is only their dedication and devotion that has made this publication possible. Prof Ngwena was not only the convening editor, but also the editor in charge of Part A. He bore the brunt of the responsibility to keep the project going, and to inspire and lead all involved towards the ever-approaching deadline. Drs Grobbelaar-Du Plessis and Serges Djoyou Kamga took responsibility for Part B, and Prof Combrinck for Part C. They each sacrificed enormously in terms of time and energy, in order to get to this end product. Thanks to all contributors, and all reviewers of contributions, for dedicating themselves to this thankless task. Kate Painting acted as a most appreciated editorial assistant. She meticuoulsy followed up references, guaranteed consistency in style, and ensured felicitous language use. At the Centre, Thuto Moratuoa Hlalele, Yolanda Booyzen and Kevashinee Pillay also provided logistical and other support. The Yearbook is published by Pretoria University Law Press (PULP), based at the Faculty of Law, University of Pretoria. The patient and professional contribution of Lizette Hermann is much appreciated. We also thank the members of the advisory board, who agreed to assist with the policy direction, review of manuscripts and lending credibility and lustre to this Yearbook by associating themselves with this endeavour. The Yearbook is very fortunate to have representation from all corners of the globe, including individuals and institutions at the leading edge of disability rights research, training and teaching. Lastly, to the Open Society Foundation – and specifically OSISA – and its staff: Many thanks in particular to Louise Olivier, for her confidence, inspiration and consistent support, which took the Centre and me personally along an exciting and challenging new road; and to Louise Ehlers and Patricia Mwanyisa, who came on board later. Other Open Society staff also inspired and played important roles along the way. In line with the right of access to information and knowledge, this Yearbook is accessible freely as a free full downloadable document on the Centre’s website www.chr.up.ac.za On behalf of all those involved, and of the Centre, I wish to express the hope that this Yearbook will soon come to be regarded as an indispensable tool to understand and chart legislative and policy developments on disability rights in Africa, and that it will contribute to bridge the gap between the discourse of rights and its practical application and actual realisation. Frans Viljoen Director, Centre for Human Rights About the editors: Charles Ngwena is Professor, Department of Constitutional Law and Legal Philosophy, Faculty of Law, University of the Free State, South Africa. Ilze Grobbelaar‐du Plessis is a senior lecturer and holds the degrees BIuris LLB LLM LLD from the University of Pretoria. Helene Combrinck is Associate Professor at the Centre for Disability Law and Policy, University of the Western Cape. Serges Djoyou Kamgais is Senior Lecturer at TMALI (UNISA). Table of Contents PREFACE EDITORIAL SECTION A: ARTICLES 1. The right to primary education of children with disabilities in Malawi: A diagnosis of the conceptual approach and implementation Enoch MacDonnell Chilemba 2. Forgotten or included? Disabled children’s access to primary education in Cameroon Serges Djoyou Kamga 3. Choice, support and inclusion: Implementing article 19 of the CRPD in Kenya Elizabeth Kamundia 4. A critical analysis of the legal and institutional frameworks for the realisation of the rights of persons with disabilities in Zimbabwe Esau Mandipa 5. Prospects and practices for CRPD implementation in Africa Janet Lord and Michael Ashley Stein 6. ‘Nothing about CRPD monitoring without us’: A case study on the involvement of the disability movement in policy-making in Zambia Magdolna Birtha 7. Western Cape Forum For Intellectual Disability v Government of the Republic of South Africa: A case study of contradictions in inclusive education Charles Ngwena 8. Towards an effective litigation strategy of disability rights: The Zambian experience Likando Kalaluka SECTION B: COUNTRY REPORTS Cameroon Maître Christophe Tchudjo and Joseph Ombe Côte d’Ivoire Pierre Olivier Lobe Ghana Esther A Gyamfi Mozambique Emerson Casimiro Uassuzo Lopes Namibia Ruusa Ntinda Nigeria Ngozi C Umeh and Ramola Adeola Republique Democratique du Congo (RDC) Pierre Olivier Lobe South Africa Ilze Grobbelaar-du Plessis and Chazanne Grobler Tanzania Peter Josiah Shughuru SECTION C: REGIONAL DEVELOPMENTS Disability rights in the African regional human rights system during 2011 and 2012 Helene Combrinck Making progress: The African Committee of Experts on the Rights and Welfare of the Child and the rights of children with disabilities Lorenzo Wakefield Disability rights in the sub-regional economic communities during 2011 and 2012 Lucyline N Murungi, Aquinaldo Mandlate and Benedicta Armah
About the publication The African Disability Rights Yearbook addresses disability rights within the foundational structure laid down by the inaugural issue. The structure comprises a tripartite division between: articles; country reports; and shorter commentaries on recent regional and sub-regional developments. The African Disability Rights Yearbook aims to advance disability scholarship. Coming in the wake of the United Nations Convention on the Rights of Persons with Disabilities, it is the first peer-reviewed journal to focus exclusively on disability as human rights on the African continent. It provides an annual forum for scholarly analysis on issues pertaining to the human rights of persons with disabilities. It is also a source for country-based reports as well as commentaries on recent developments in the field of disability rights in the African region. The African Disability Rights Yearbook publishes peer-reviewed contributions dealing with the rights of persons with disabilities and related topics, with specific relevance to Africa, Africans and scholars of Africa. The Yearbook appears annually under the aegis of the Centre for Human Rights, Faculty of Law, University of Pretoria. The Yearbook is an open access online publication, see www.adry.up.ac.za About the editors: Charles Ngwena is Professor, Department of Constitutional Law and Legal Philosophy, Faculty of Law, University of the Free State, South Africa. Ilze Grobbelaar‐du Plessis is a senior lecturer and holds the degrees BIuris LLB LLM LLD from the University of Pretoria. Helene Combrinck is Associate Professor at the Centre for Disability Law and Policy, University of the Western Cape. Serges Djoyou Kamgais is Senior Lecturer at TMALI (UNISA). Table of Contents SECTION A: ARTICLES The Basic Education Act of 2013 as a tool for advancing early childhood development and education for children with disabilities in Kenya Mirriam Nthenge ‘Access to justice of children with disabilities in defilement cases; a myth or reality?’ Bernadette Malunga, Ngeyi Ruth Kanyongolo & Ngcimezile Mbano-Mweso The socio-economic rights of children with disabilities in South Africa: A comparison between the African Charter on the Rights and Welfare of the Child and the Convention on the Rights of Persons with Disabilities Zita Hansungule & Trynie Boezaart ‘De-stigmatising psychosocial disabilities in South Africa’ Faraaz Mahomed & Michael Ashley Stein Mental illness, stigma and disability rights in Ghana Magnus Mfoafo-M’Carthy & Jeff Grischow Albinism in Africa: A proposed conceptual framework to understand and effectively address a continental crisis’ Mark P Mostert & Martha M Weich The identity question versus appropriateness of legal anti-discrimination measures: Endorsing the disability rights approach to albinism Abdallah Possi & Ally Possi SECTION B: COUNTRY REPORTS Djibouti Djibril Ismail Cher Madagascar Isambilo Rabearison-Andrianjara SECTION C: REGIONAL DEVELOPMENTS The right to the highest attainable standard of mental health in selected African countries: A commentary on how selected mental health laws fare against article 25 of the Convention on the Rights of Persons with Disabilities Elizabeth Kamundia Disability rights developments in the East African Community post-2012 Damalie Naggita-Musoke BOOK REVIEW Elizabeth Barnes Minority body: A theory of disability Charles Ngwena
This book examines violence against women in Africa and criminal justice from the perspective of African scholars, practitioners and experts. As a global and long-standing issue, violence against women is gaining public visibility across the African continent with some states announcing a national crisis warranting immediate redress. At the global level, the elimination of all forms of violence against all women and girls forms a key part of United Nations Sustainable Development Goal 5: Gender Equality. Split across two volumes, these books present a comprehensive analysis of the latest research and theories, principles and practices of criminal justice systems, criminal justice accountability mechanisms, and the key challenges women face in their quest for justice on the African continent. This volume (II) focusses on sexual violence and vulnerable women’s access to justice in Africa. Volume I focusses on legislation and its impact, the limitations of criminal justice responses, and the cultural and social norms regarding access to justice. Together, they adopt a comparative approach that highlight gaps and good practices to provide a rich source of authoritative information for promoting an intra-African dialogue and cross-fertilization of ideas across the different criminal justice traditions in Africa. Both volumes seek to advance discussions on eliminating violence against women in Africa and speak to those interested in criminal justice, violence, gender studies and African legal studies.
Volume two of Electoral Politics in Zimbabwe: The 2023 Election and Beyond argues that research into Zimbabwe’s politics is multifaceted and topical, particularly because for more than two decades now, this Southern African state has been dogged by multiple problems including hyperinflation, drought, escalating poverty levels, extremely high unemployment rates and political instabilities. The volume’s overall goal is to ignite intellectual discussions and practical action towards turning the political wheels that have been in place for decades. The first segment examines the interface between gender and electoral politics in Zimbabwe. The second part discusses the role of the media in Zimbabwe’s electoral politics. The third section reflects on the role of traditional leaders and religious discourses in Zimbabwe’s electoral politics. The book will be a key resource to colleges, universities and organisations in Zimbabwe, the Southern Africa region and even beyond.
Education is a fundamental human right that is recognised as essential for the attainment of all civil, political, economic, social and cultural rights. It was not until 2006, on the adoption of the UN Convention on the Rights of Persons with Disabilities (CRPD), that the right to inclusive education was codified. This volume fills a major gap in the literature on the right of disabled people to education. It examines the theoretical foundations and core content of the right to inclusive education in international human rights law, and explores the various ways of implementing this right through an exploration of legal strategies and mechanisms. With contributions by leaders in the field, this volume advances scholarship on the core content of the right to inclusive education by examining the content and practice of the right at the national, regional and international levels.
Dr David Henry Kanyumi, author of "Social Insecurity among the Vulnerable Groups in Tanzania", speaks from an authentic point of view to engage and inform readers of Tanzania's current social problems and how they can be fixed. Here, he provides a unique insight into the lives of everyone, from street orphans to battered women, as drawn from research and interviews. Standing alone as his first book, it takes readers into a country's seldom discussed areas.
Disability in Africa has received significant attention as a dimension of global development and humanitarian initiatives. Little international attention is given, however, to the ways in which disability is discussed and addressed in specific countries in Africa. Little is known also about the ways in which persons with disabilities have advocated for themselves over the past one hundred years and how their needs were or were not met in locations across the continent. Kenya has been on the forefront of disability activism and disability rights since the middle of the twentieth century. The country was among the first African states to create a legal framework addressing the rights of persons with disabilities, namely the Persons with Disabilities Act of 2003. Kenya, however, has a much longer history of institutions and organizations that are dedicated to addressing the specific needs of persons with disabilities, and substantial developments have occurred since the introduction of the legal framework in 2003. Disability and Social Justice in Kenya: Scholars, Policymakers, and Activists in Conversation is the first interdisciplinary and multivocal study of its kind to review achievements and challenges related to the situation of persons with disabilities in Kenya today, in light of the country’s longer history of disability and the wide range of local practices and institutions. It brings together scholars, activists, and policymakers who comment on topics including education, the role of activism, the legal framework, culture, the impact of the media, and the importance of families and the community.
Containing papers presented at the 28th International Conference on Urban and Maritime Transport and the Environment, this volume covers two, apparently, parallel topics which meet in the transport and environmental management of coastal cities, both being affected positively and negatively by landside and seaside traffic. The continuing requirement for better urban transport systems and the need for a healthier environment create a fertile environment for original ideas, innovative approaches and applications of advanced technologies, their tests and evaluations in practice. Moreover, there is a growing need for integration with IT systems and applications to improve safety and efficiency. Maritime Transport is highly interconnected with rail, road and air services, as well as inland waterways. Each of these must therefore operate complimentary of one another to maximise efficiency and respond rapidly to variable economic and political contingencies. The variety of topics covered by the included research works reflects the complex interaction of transport systems with their environment and the need to establish integrated strategies. The shared aim is to arrive at optimal socio-economic solutions while reducing the negative environmental impacts of transportation systems typically by interdisciplinary approaches. Therefore, a focus is placed on multidisciplinary research and development, as well as operational experiences.
Given the importance of cross-cultural competence, it is important that scholars from different parts of the world describe the conceptual frameworks underlying their cultures to provide people with knowledge helpful for understanding and navigating cultural barriers and promoting harmony and productivity in places of work. The literature is replete with reference points for understanding Eurocentric worldviews. Little has been written about non-Eurocentric worldviews with respect to the subject of socio-cultural harmony and interpersonal relations such as Ubuntu, Africa’s indigenous philosophy and its relevancy. This philosophy teaches the importance of maintaining good human relations and sensitivity to the wellbeing of other people both as individuals and collectively. In the teachings of this African conceptual framework, the wellbeing of others is more important than that of self. Another important distinguishing feature of Ubuntu is that it places great value on communalism as opposed to individualism. The tenets of Ubuntu include human-centeredness, teamwork, collaboration, cooperation, respect for diversity of opinion, and joint consideration of problems. These tenets can be applied for intercultural competence and communications. Understanding Ubuntu for Enhancing Intercultural Communications sheds some light on Ubuntu, Africa’s unique philosophy, and explores how the knowledge of Ubuntu can help minimize cross-cultural communication barriers. Within this context, the chapters work to make readers aware of the existence of an African worldview, specifically Ubuntu, and its possible contribution to interpersonal communication. This book also shares the lived experiences of being born and raised in sub-Saharan Africa where Ubuntu is a way of life. This book is essential for businesses seeking to expand internationally and managers overseeing diverse workforces as well as business executives, government officials, public relations officers, academicians, researchers, and students including those studying African studies, world religions, international business, international relations, management, communication, and more.
