National Human Rights Institutions (NHRIs) – human rights commissions and ombudsmen – have gained recognition as a possible missing link in the transmission and implementation of international human rights norms at the domestic level. They are also increasingly accepted as important participants in global and regional forums where international norms are produced. By collecting innovative work from experts spanning international law, political science, sociology and human rights practice, this book critically examines the significance of this relatively new class of organizations. It focuses, in particular, on the prospects of these institutions to effectuate state compliance and social change. Consideration is given to the role of NHRIs in delegitimizing – though sometimes legitimizing – governments' poor human rights records and in mobilizing – though sometimes demobilizing – civil society actors. The volume underscores the broader implications of such cross-cutting research for scholarship and practice in the fields of human rights and global affairs in general.

This exciting Research Handbook combines practitioner and academic perspectives to provide a comprehensive, cutting edge analysis of economic, social and cultural rights (ESCR), as well as the connection between ESCR and other rights. Offering an authoritative analysis of standards and jurisprudence, it argues for an expansive and inclusive approach to ESCR as human rights.

Compendium of documents on National Human Rights Institutions in eastern and southern Africa Edited by Charles M Fombad 2019 ISBN: 978-1-920538-95-8 Pages: 898 Print version: Available Electronic version: Free PDF available About the publication Africa’s increasing recognition and protection of human rights have been accompanied by a surge in the number of NHRIs established with broad mandates to promote and protect human rights. The mandates and powers of the NHRIs vary from country to country, as does their ability to deliver on these mandates. Indeed, the rapid increase in the number of NHRIs in Africa has come with a variety of substantive and operational challenges. In the face of such challenges, those who work in NHRIs need to understand the broader regional and global context in which the institutions operate and the changing nature of human rights issues. This compendium provides an overview of NHRIs in eastern and southern Africa. It is guided to a large extent by the internationally agreed-upon Principles Relating to the Status of National Institutions, referred to as the Paris Principles. These Principles are broadly accepted as the benchmark against which the legitimacy and credibility of NHRIs can be assessed. Endorsed by the United Nations General Assembly in 1993, the Paris Principles provide NHRIs with guidelines as to their competence and responsibilities, their composition and guarantees of independence and pluralism, and their methods of operation; additional principles relate to the status of commissions with quasi-jurisdictional competence. The generous financial support of the Konrad Adenauer Stiftung, Rule of Law for Sub-Saharan Africa, Nairobi, Kenya office, is gratefully acknowledged. Table of Contents PREFACE INTRODUCTION AN OVERVIEW OF NHRIS IN EASTERN AND SOUTHERN AFRICA THE OMBUDSMAN OF ANGOLA THE OFFICE OF THE OMBUDSMAN IN BOTSWANA THE BURUNDIAN INDEPENDENT NATIONAL HUMAN RIGHTS COMMISSION THE DEMOCRATIC REPUBLIC OF THE CONGO’S NATIONAL COMMISSION ON HUMAN RIGHTS 6 PART B THE SWAZILAND COMMISSION ON HUMAN RIGHTS AND PUBLIC ADMINISTRATION INTEGRITY THE ETHIOPIAN HUMAN RIGHTS COMMISSION THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS THE LESOTHO HUMAN RIGHTS COMMISSION THE LESOTHO HUMAN RIGHTS COMMISSION THE NATIONAL HUMAN RIGHTS COMMISSION OF MAURITIUS THE RWANDAN NATIONAL COMMISSION FOR HUMAN RIGHTS THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION THE TANZANIAN COMMISSION FORHUMAN RIGHTS AND GOOD GOVERNANCE THE ZAMBIAN HUMAN RIGHTS COMMISSION THE ZIMBABWE HUMAN RIGHTS COMMISSION NATIONAL HUMAN RIGHTS INSTITUTIONS IN EASTERN AND SOUTHERN AFRICA: LESSONS AND PROSPECTS FOR THE FUTURE

Law, Politics and Rights: Essays in Memory of Kader Asmal presents critical perspectives on various inter-related themes in the areas of human rights, constitutionalism, democracy, international law, political and cultural rights and identity. The discussions reflect the wide-ranging interests and subjects that Kader Asmal engaged with as a legal scholar, human rights campaigner and politician of international renown throughout his life. Kader Asmal is perhaps best known for his political career as one of the most senior members of the African National Congress and a government minister in post-apartheid South Africa. Less well known to the general public is his equally immense contribution to international human rights law and policy, recognised with the award of the Prix UNESCO in 1983, through more than three decades of an international academic career and legal activism. This book is a reminder of the enduring relevance of the issues and causes he espoused and advocated. Contributors include: John Dugard, Richard Harvey, Federico Lenzerini, Tiyanjana Maluwa, Obiora Chinedu Okafor, Nsongurua Udombana, Muna Ndulo, Albie Sachs, Max du Plessis, Nico Steytler, Gerard Whyte, and Abdulqawi Yusuf.

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