In 1994, South Africa emerged as a constitutional democracy full of promise for a better life for all South Africans. A system of developmental local government was established which is ‘intended to have a major impact on the daily lives’ of South Africans. Both men and women have an equal responsibility and thus should be given equal opportunities to ‘find sustainable ways to meet their social, economic and material needs and improve the quality of their lives’ [White Paper on Local Government].
On 24 February, Prof Jaap de Visser delivered a presentation to a group of 70 academics, civil society representatives and government officials in Kathmandu, Nepal. The meeting was convened by the Forum of Federations in support of the process to implement the new Constitution of Nepal, which envisages a federal structure and constitutionally recognised local government. Prof De Visser discussed key provisions of the Constitution of Nepal and highlighted the experience of South Africa and other African countries.
This issue of the ESR Review includes three feature articles that discuss various areas of socio-economic rights. Enoch MacDonnell Chilemba analyses various incidents of evictions that took place in South Africa in 2014. There were also court challenges, applications and decisions relating to evictions. The article highlights issues relating to the legality and frequency of evictions.
Dr. Usang Maria Assim, a senior researcher in the Dullah Omar Institute’s Children’s Rights Project, is taking part in the review and planning workshop of the African Children’s Charter Project (ACCP) from 14 to 20 February 2016 in Accra Ghana. The workshop is aimed at reviewing the progress of the ACCP since the start of a two year bridging period in 2015 and planning for the second year (2016) of the bridging period.
Prof Jaap de Visser is taking part in a programme to raise awareness and conduct citizen education around federalism in Nepal. In 2015, Nepal adopted a Constitution creates national, provincial and local levels of government. This was done to accommodate the multitude of ethnicities, languages, religions and cultures in Nepal and to facilitate more responsive government. Nepal is now faced with the mammoth task of implementing this new Constitution.
The Dullah Omar Institute doctoral candidate, Shehaam Johnstone participated in the 1st Annual Emerging Legal Scholarship Conference, where she presented a paper investigating how to hold local government accountable in terms of its constitutional competencies towards realising the right to food. The conference was hosted by the Faculty of Law within the Nelson Mandela Metropolitan University on 4 and 5 February 2016. The theme of the conference, “Legal challenges for a new generation”.
Dr Zemelak Ayitenew Ayele, a former post-doctoral fellow, at the Dullah Omar Institute recently published an opinion article on an Ethiopian newspaper, focusing on public open spaces and our rights to our cities. He argues that the creation of industrial, commercial, or residential areas in and of itself is not problematic. It goes without saying that we need economic development and that our cities have immense contribution to make in this respect, he points out.
On 9 February, Prof Jaap de Visser, the director of Dullah Omar Institute, delivered a presentation duringva workshop organised by the National Council of Provinces (NCOP). The NCOP, as the house of Parliament that brings together nine provinces and organised local government, plays a critical, but often underestimated role. Prof De Visser discussed the role of the NCOP in the adoption of national legislation and its role in holding the national executive accountable.
On 27 January 2016, Dullah Omar Institute’s Civil Society Prison Reform Initiative (CSPRI) unit hosted a civil society workshop aimed at compiling a shadow report to South Africa’s State Report and their response to the List of Issues on the International Covenant on Civil and Political Right (ICCPR) which was submitted to the United Nations Human Rights Committee respectively on 26 November 2014 and 3 December 2015. The meeting was a great opportunity to co-ordinate the drafting of thematic shadow reports by identifying key issues to be addressed.
The Dullah Omar Institute in partnership with the Katiba Institute in Kenya published a book titled Kenyan-South African Dialogue on Devolution. This book includes South African and Kenyan chapters on the reasons for devolution; the levels, number, size and character of devolution units; the demarcation of devolution units; political structures; powers and functions; finances; metropolitan governance; intergovernmental relations; marginalised groups; and transitional arrangements.
The UN Human Rights Committee is the body mandated to oversee the implementation of the International Covenant on Civil and Political Rights in states party to the Covenant.
On 20 January, the Dullah Omar Institute’s Women and Democracy Initiative organised a meeting for South African Alternate Report Coalition (SAARC) to agree on the main points for the presentation to the United Nations Committee on the Convention on the Rights of the Child (UNCROC). The meeting was followed by a smaller meeting of those who will be going to Geneva in February to introduce them to child participants.
