East African Journal of Peace and Human Rights

Separating The Baby From The Bath Water: Women\'s Rights And The Politics Of Constitution-Making In Kenya

P Kameri-Mbote, N Kabira — Wed, 13 Aug 2008 00:00:00 +0000

This article looks at the process of constitution-making in Kenya from 1990s to 2005 when the proposed new constitution (the product of the process) was rejected in a national referendum held in October 2005. It avers that Kenyan women had succeeded in getting many of the issues that they considered important included in the constitution and should have lobbied to have that constitution adopted. The defeat of the constitution, the authors assert amounted to throwing away the baby with the bath water. It also negated gains that seemed so close to being realised setting the quest for gender equality back considerably.

East African Journal of Peace and Human Rights Vol. 14 (1) 2008: pp. 1-44

Access To Information, Gender Participation And Good Governance In Uganda

DA Katebire — Wed, 13 Aug 2008 00:00:00 +0000

This article examines the nexus between access to information and equitable gender participation in the context of good governance. It demonstrates that access to information and its flow mechanisms from the Uganda government to the public is not only gender insensitive but also inimical to practices of good governance. It also illustrates that the gender content and responsiveness of government policies and programmes, and the level of participation of women in their formulation and implementation cannot in their current fashion meaningfully influence good governance. It is argued that issues of ransparency and accountability in government are positively correlated with information access and equitable gender participation. The article thus advocates the restructuring of access and flow of public information to facilitate both men and women to meaningfully participate in the governance of their country.

East African Journal of Peace and Human Rights Vol. 14 (1) 2008: pp. 45-68

Regression On The Right To Health: The Question Of Access To Antiretrovirals (ARVs) In Uganda

S Kiapi — Wed, 13 Aug 2008 00:00:00 +0000

HIV/AIDS is the main cause of death in Uganda. Access to ARVs is therefore a vital component of the right to health. Human rights treaties oblige Uganda to implement the right to health progressively within the available resources. Uganda has undertaken measures to fight HIV/AIDS though prevention, education, and support for people living with HIV/AIDS. Uganda has also committed to providing free ARV drugs to people in need. However, these measures are being threatened by the introduction of trade-related intellectual property (IP) laws that risk limiting affordability and access to ARVs. Structural, economic, social and human factors like poverty, low GDP, malnutrition, shortage of medical personnel and equipment for diagnosis and treatment of HIV/AIDS and corruption have hindered access to ARVs. Questions remain unclear as to which categories of persons are accorded priority of access to free treatment access. The result has been a regression on the right to health.

East African Journal of Peace and Human Rights Vol. 14 (1) 2008: pp. 69-103

African States And The Right To Freedom From Torture: An International Perspective

JD Mujuzi — Wed, 13 Aug 2008 00:00:00 +0000

The right to freedom from torture is one of the few non-derogable rights but paradoxically also one of the most violated rights in many African countries. This is the case notwithstanding the fact that almost all constitutions in African countries prohibit torture. African countries are also parties to regional human rights instruments like the African Charter on Human and Peoples' Rights which specifically prohibit torture under article 5. It is worth noting that many African countries are states parties to international human rights and humanitarian law instruments that prohibit torture. The purpose of this article is to critically examine the extent to which African countries have complied with their obligation to put an end to torture under the relevant international human rights and humanitarian law obligations. The article recommends that African countries have to take their obligations under the treaties they ratify seriously to ensure that they put an end to the violations of the right to freedom from torture.

East African Journal of Peace and Human Rights Vol. 14 (1) 2008: pp. 104-124

Globalization nonsense upon stilts? Reflections on the globalization and human rights nexus

HS Kanzira-Wiltshire

This article reflects on the link between the two concepts of globalization and human rights. It examines their definitive and historical contexts and analyzes the impact of the former on the latter, expounding both on the opportunities and dangers that are created both on the international legal order and on the local one.

East African Journal of Peace and Human Rights Vol. 14 (1) 2008: pp. 125-147

Moslem Women, Religion And The Hijab: A Human Rights Perspective

M Ssenyonjo

In recent years, the wearing of the female Islamic dress (generally referred to as the hijab), or any feature of this dress such as the headscarf (khimar), face-veil (niqab) and the head-to-toe all enveloping garment (jilbab) has raised complex human rights issues particularly in the context of women's rights to freedom of religion and its manifestation, equality and nondiscrimination, education and work. This article focuses on the status of the hijab in Islam and selected recent cases concerning the wearing of the Islamic dress in schools. On the basis of these, two conclusions are made. Firstly, to prevent a person from making a choice to wear religious clothing (like the hijab) in public or private schools or institutions, in the absence of justification compatible with human rights law, may impair the individual\'s freedom to have or adopt a religion. Secondly, the general exclusion of women from schools or work on account of the Islamic dress might lead to further discrimination against girls and women in education and employment. A human rights perspective to the Islamic dress should involve as a starting point respecting choices of individual Muslim women to wear or not to wear the hijab.

East African Journal of Peace and Human Rights Vol. 14 (1) 2008: pp. 148-200

Do confessions and evidence obtained through torture have legal force in international law? A critical appraisal of remedies available to victims of torture in Uganda

DO Opolot

This is a comment on the remedies available to victims of torture in Uganda. Against the backdrop of the evidence and procedures in the international and regional legal regimes, the paper analyzes the law relating to evidence obtained through torture in Uganda. It is shown that whereas torture is prohibited in Uganda, there is ample evidence to show that in practice, the vice is prevalent. The crux of the paper is a critical appraisal of the remedies available to victims of torture or their relatives in Uganda.

East African Journal of Peace and Human Rights Vol. 14 (1) 2008: pp. 201-220