Books by Sarai E Chisala Tempelhoff
The year 2016 was declared by the African Union as the African ‘Year of Human Rights with Particu... more The year 2016 was declared by the African Union as the African ‘Year of Human Rights with Particular Focus on the Rights of Women’ to commemorate and celebrate significant milestones in the realisation of human rights on the African continent. The year marks the 35th anniversary of the adoption of the African Charter on Human and Peoples’ Rights (African Charter), 30th year since coming into force of the African Charter and 10 years since the inauguration of the African Court on Human and Peoples’ Rights.
Since its adoption, the African Charter has been supplemented by the Protocol on the Rights of Women in Africa (Maputo Protocol). All AU member states (with the exception of new comer South Sudan) are state parties to the African Charter, and 36 of them have accepted the Maputo Protocol.
This book assesses the impact and effectiveness of the African Charter and the Maputo Protocol in 17 African countries, namely Burkina Faso, Cameroon, Côte d’Ivoire, Ethiopia, Gambia, Ghana, Kenya, Lesotho, Malawi, Mauritius, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda and Zimbabwe. The book is the result of research conducted by selected alumni of the Centre for Human Rights’ LLM in Human Rights and Democratisation in Africa programme.
The Centre for Human Rights, which in 2016 is also celebrating 30 years of human rights education, intends to use this research as the basis for a continuously updated database on the impact of the African Charter and Maputo Protocol.
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Traditional healers are a major health manpower resource for Africa and are often the only sour... more Traditional healers are a major health manpower resource for Africa and are often the only source of health services for large population groups throughout the continent. The study explores whether human rights law can provide the means of enhancing access to traditional healing practices and ensuring their development. In Malawi where approximately one-third of the population lacks access to essential medicines, the provision of safe and effective traditional medicine could become a critical tool in increasing the access to health care, particularly in light of the HIV and AIDS pandemic. Traditional healing practices also represent a significant aspect of Malawi’s cultural tapestry and are deserving of additional protection as such. South Africa has regulated traditional healing practices through legislation and the author considers what, if any, lessons can be drawn from this approach to protecting a valuable health and cultural resource.
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Papers by Sarai E Chisala Tempelhoff
The spread of information and communication technologies (ICT) in Sub-Sharan Africa has provided ... more The spread of information and communication technologies (ICT) in Sub-Sharan Africa has provided a new arena for gender-based violence (GBV). Unfortunately, the growth of ICT has out-paced legal developments to regulate it. In this article we explore the legal responses to the phenomenon of nonconsenusal pornography—more commonly known as revenge porn—in the global south. We use case studies from Malawi and Uganda to illustrate the incidence of revenge pornography in a non-western context and to discuss the (in)adequacy of the legal regimes to deal with this new form of GBV. At the time of writing neither country has laws dealing specifically with revenge pornography, although both Malawi and Uganda have anti-pornography or anti-obscenity provisions in the law. The question that arises is whether such existing laws are adequate to combat incidences of revenge porn/nonconsensual pornography. We suggest that revenge porn, and indeed other forms of " cyber violence " against women, require specific legislation or a nuanced interpretation of existing laws to curb their incidence rates and to ensure redress for victims. This is an imperative subject and requires lawmakers to grapple with emerging issues of internet freedoms and the possible role that the law can play in regulating cyberspace in a way that protects the rights of women, freedom of expression but also the privacy rights of all. This article is published as part of a collection on gender studies.
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The spread of information and communication technologies (ICT) in Sub-Sharan Africa has provided ... more The spread of information and communication technologies (ICT) in Sub-Sharan Africa has provided a new arena for gender-based violence (GBV). Unfortunately, the growth of ICT has out-paced legal developments to regulate it. In this article we explore the legal responses to the phenomenon of nonconsenusal pornography—more commonly known as revenge porn—in the global south. We use case studies from Malawi and Uganda to illustrate the incidence of revenge pornography in a non-western context and to discuss the (in)adequacy of the legal regimes to deal with this new form of GBV. At the time of writing neither country has laws dealing specifically with revenge pornography, although both Malawi and Uganda have anti-pornography or anti-obscenity provisions in the law. The question that arises is whether such existing laws are adequate to combat incidences of revenge porn/nonconsensual pornography. We suggest that revenge porn, and indeed other forms of " cyber violence " against women, require specific legislation or a nuanced interpretation of existing laws to curb their incidence rates and to ensure redress for victims. This is an imperative subject and requires lawmakers to grapple with emerging issues of internet freedoms and the possible role that the law can play in regulating cyberspace in a way that protects the rights of women, freedom of expression but also the privacy rights of all. This article is published as part of a collection on gender studies.
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Abstract: This is a review of the report by Edge Kanyongolo examining Malawi's justice s... more Abstract: This is a review of the report by Edge Kanyongolo examining Malawi's justice sector and the rule of law. The report was commissioned by the Open Society Foundation's Africa Governance Monitoring and Advocacy Project (AfriMap) and the Open Society Initiative for Southern ...
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Projects & Assignments by Sarai E Chisala Tempelhoff
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Books by Sarai E Chisala Tempelhoff
Since its adoption, the African Charter has been supplemented by the Protocol on the Rights of Women in Africa (Maputo Protocol). All AU member states (with the exception of new comer South Sudan) are state parties to the African Charter, and 36 of them have accepted the Maputo Protocol.
This book assesses the impact and effectiveness of the African Charter and the Maputo Protocol in 17 African countries, namely Burkina Faso, Cameroon, Côte d’Ivoire, Ethiopia, Gambia, Ghana, Kenya, Lesotho, Malawi, Mauritius, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda and Zimbabwe. The book is the result of research conducted by selected alumni of the Centre for Human Rights’ LLM in Human Rights and Democratisation in Africa programme.
The Centre for Human Rights, which in 2016 is also celebrating 30 years of human rights education, intends to use this research as the basis for a continuously updated database on the impact of the African Charter and Maputo Protocol.
Papers by Sarai E Chisala Tempelhoff
Projects & Assignments by Sarai E Chisala Tempelhoff
Since its adoption, the African Charter has been supplemented by the Protocol on the Rights of Women in Africa (Maputo Protocol). All AU member states (with the exception of new comer South Sudan) are state parties to the African Charter, and 36 of them have accepted the Maputo Protocol.
This book assesses the impact and effectiveness of the African Charter and the Maputo Protocol in 17 African countries, namely Burkina Faso, Cameroon, Côte d’Ivoire, Ethiopia, Gambia, Ghana, Kenya, Lesotho, Malawi, Mauritius, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda and Zimbabwe. The book is the result of research conducted by selected alumni of the Centre for Human Rights’ LLM in Human Rights and Democratisation in Africa programme.
The Centre for Human Rights, which in 2016 is also celebrating 30 years of human rights education, intends to use this research as the basis for a continuously updated database on the impact of the African Charter and Maputo Protocol.