scholarly journals The Human Right to Information and Transparency

2021 ◽  
Author(s):  
Jonathan Klaaren
Keyword(s):  
International Law ◽  
South African ◽  
Final Section ◽  
The South ◽  
Human Right ◽  
Current State ◽  
African Perspective ◽  
Right To Information ◽  
The Right ◽  
Conceptual Foundations

The argument for the recognition of the right to information in international law has continued to strengthen since the South African Constitutional Court’s Certification decision. This paper examines the human right to information in international law and makes the argument that this human right is a significant vehicle for promoting transparency. In section 2, it makes some observations concerning the conceptual foundations of the right to information and the right’s relationship to the broader concept of transparency. Section 3 notes the current state of the human right to information in international law doing so from an African perspective. The final section presents a set of questions for further consideration (noting some linkages with South African post- apartheid jurisprudence) as well as some concluding observations, organized in conceptual terms based on the right of information.

The Human Right to Water in South Africa and the Mazibuko Decisions

2011 ◽  
Vol 51 (3-4) ◽  
pp. 521-540 ◽  
Author(s):  
Tracy Humby ◽  
Maryse Grandbois
Keyword(s):  
South Africa ◽  
South African ◽  
Constitutional Court ◽  
The South ◽  
Human Right ◽  
Lower Courts ◽  
Access To Water ◽  
South African Constitution ◽  
The Right ◽  
Right Of Access

The right of access to sufficient water in the South African Constitution has for long been regarded as progressive in a global context where the human right to water is still a subject of contention. In its recent decision handed down in the Mazibuko matter, the South African Constitutional Court interpreted the right of access to sufficient water for the first time and clarified the nature of the State’s obligations which flow from this right. It also commented upon the role of the courts in adjudicating the human right to water. This article describes the passage of the Mazibuko matter and the manner in which the lower courts interpreted the right of access to “sufficient water” as well as outlining the Constitutional Court’s decision in the context of access to water services provision in South Africa.

scholarly journals South African Private Security Contractors Active in Armed Conflicts: Citizenship, Prosecution and the Right to Work

2017 ◽  
Vol 14 (7) ◽  
pp. 70
Author(s):  
Shannon Bosch ◽  
Marelie Maritz
Keyword(s):  
International Law ◽  
South African ◽  
Global Economy ◽  
Private Security ◽  
Armed Conflicts ◽  
Humanitarian Law ◽  
The South ◽  
The Status ◽  
The Right ◽  
Security Contractors

South Africa has adopted two pieces of legislation since 1998 aimed at restricting one of the fastest growing sectors of the global economy: the private security industry. Not only is this legislation completely unique, but it appears wholly at odds with international opinion. In this article we place private security contractors (PSCs) under the microscope of international law, exploring the role they play in armed conflicts, and the status afforded them by international humanitarian law (IHL). We address the issue of prohibited mercenarism, questioning whether PSCs should be categorised as mercenaries. We then shift our focus to the South African legislation and discuss the ambit of its application as compared with international law obligations to outlaw mercenaries. We discuss the likelihood of successful prosecution of PSCs, and the potential penalties that PSCs might face in terms of the South African legislation. Lastly we consider the constitutional challenges which might emerge as this legislation, and a proposed amendment to the South African Citizenship Act threaten the constitutionally protected rights of South African PSCs to practise a profession and enjoy citizenship.

scholarly journals SCIENTIFIC RESEARCH: OVERVIEW OF SOME URGENT ISSUES FROM NATIONAL AND INTERNATIONAL LAW PERSPECTIVES

2021 ◽  
pp. 45-54
Author(s):  
M.O. Medvedieva
Keyword(s):  
Academic Freedom ◽  
International Law ◽  
Academic Integrity ◽  
Criminal Responsibility ◽  
Scientific Research ◽  
Human Right ◽  
Cultural Rights ◽  
Academic Responsibility ◽  
Right To Information ◽  
The Right

The article analyzes some urgent problems of the legal governance of scientific research, namely the adherence to the principles of academic freedom and academic integrity, as well as protection of the right to science. The article provides the definitions of academic freedom and academic integrity, considers relevant international and national legal documents and case-law. It analyzes main criteria for the free use of quotations which must be adhered to in the context of preserving academic integrity principles and observes practical consequences of different definitions of plagiarism by education and copyright law. The author considers the normative content of the right to science in accordnce with International Law and highlights its importance in times of COVID-19 pandemic. The author concludes that academic freedom, academic integrity and right to science in general are linked to economic, social and cultural rights, especially the right to information, freedom of thought and expression, freedom from discrimination. If a state is not able to exert every effort to implement its positive responsibility (due diligence) regarding human right to science, including to academic freedom, such a state must be held responsible under customary rules of International Law. In case of violations of the principles of academic integrity comes academic responsibility which is the competence of national governmental bodies on science and education. The only exception is plagiarism which is copyright infringment leading to civil or even criminal responsibility and which is the competence of national civil courts.

Power to the People? Right of Access to Electricity in South Africa

Politeia ◽  
2019 ◽  
Vol 38 (2) ◽  
Author(s):  
Khaled Qasaymeh ◽  
Jo-Ansie Karina Van Wyk
Keyword(s):  
South Africa ◽  
Public Policy ◽  
Economic Development ◽  
South African ◽  
Special Focus ◽  
The South ◽  
Human Right ◽  
Socio Economic Development ◽  
The Right ◽  
Right Of Access

The provision and distribution of and access to electricity are not only technical and economic matters. Access to electricity is a highly political and ideological issue and has consequences for public policy and human development. Since 2000, South Africa has experienced power outages (euphemistically called load-shedding) and the country has not kept up with increased electricity and socio-economic demands. Globally, access to electricity is increasingly regarded as a basic human right and an important contributor to socio-economic development. However, the position towards and the practice regarding access to electricity by the post-apartheid South African government are contradictory. Although both the South African Bill of Rights and the Constitution of the Republic of South Africa of 1996 refer to fundamental human rights, the matter of access to electricity as a human right is not clearly spelled out in these documents. This article outlines international and African norms in respect of the right of access to electricity in the context of the international socio-economic development debate. It proceeds to examine the South African context, policies, legislation and constitutional court judgments in respect of socio-economic development with a special focus on access to electricity—a matter which is closely linked to political, public policy and development issues such as housing and the environment in South Africa. The article calls for the right of access to electricity to be declared a basic human right and to be legislated as such in the South African legal regime.

scholarly journals A HEXAGON RIGHT: THE SIX DIMENSIONS OF THE SOUTH AFRICAN RIGHT TO BASIC EDUCATION

Obiter ◽  
2018 ◽  
Vol 39 (1) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
South Africa ◽  
Secondary School ◽  
International Law ◽  
South African ◽  
Basic Education ◽  
The South ◽  
Six Dimensions ◽  
The Government ◽  
The Right ◽  
Primary And Secondary School

Notwithstanding the enactment of the South African Constitution in 1996, 23 years later, the need to determine the scope and content of the right to basic education has been a battlefield for authors. Whilst authors battle, complaints are made about the South African government charging school fees for basic education, decreasing pass thresholds for matriculants, students learning in dilapidated classrooms, non-delivery of text books, unqualified teachers and many complaints reminiscent of a failing basic education system. Despite citizen attempts to take the government to court for specific violations relating to the provision of basic education, in the absence of a law of general application specifically unpacking the scope and content of the right to basic education in South Africa, an ultimate question remains, what is the scope and content of the right to basic education for the purposes of its implementation in South Africa? This paper attempts to determine the scope and content of section 29(1)(a) using an international law approach. After engaging the provisions of international law as well as writings by other authors, the conclusion is that, in relation to its scope and content, section 29(1)(a) is a hexagon right that is, a right comprising of six interrelated dimensions. The six dimensions are that, the right to basic education includes primary and secondary school attendance, the right to basic education includes compulsory and free attendance of both primary and secondary school and the right to basic education is an unqualified right. Further, the right to basic education is a minimum core content of the right to education, the right to basic education must be available, accessible, acceptable and adaptable and the quality standard of the right to basic education is explained by the World Declaration on Basic Education for All, 1990.

scholarly journals DEFINING THE RIGHT TO STRIKE: A COMPARATIVE ANALYSIS OF INTERNATIONAL LABOUR ORGANIZATION STANDARDS AND SOUTH AFRICAN LAW

Obiter ◽  
2021 ◽  
Vol 33 (2) ◽  
Author(s):  
Mohamed Alli Chicktay
Keyword(s):  
South Africa ◽  
International Law ◽  
South African ◽  
The Other ◽  
International Labour Organization ◽  
International Labour Organisation ◽  
Human Right ◽  
South African Constitution ◽  
The Right ◽  
Do So

The right to strike is a fundamental human right recognized in international law and the South African Constitution. If “strike” is defined too narrowly it would deny protection that would normally be given to employees who would otherwise be participating in a strike. On the other hand if “strike” were defined too broadly it would categorize as strike action that would not normally be regarded as a strike: thus subjecting these employees to serious consequences that result from participating in an unprotected strike. These may include dismissals, interdicts and claims for compensation. South Africa has a constitutional obligation to comply with international law when interpreting human rights. The purpose of this article is to determine whether South African law defines “strike” in compliance with International Labour Organisation standards and to make suggestions for amendments to the lawwhere it fails to do so.

scholarly journals The right to obtain information

2020 ◽  
pp. 343-362
Author(s):  
عبدالله ذنون عبدالله الصواف
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Political Action ◽  
The State ◽  
Political Rights ◽  
Human Right ◽  
The Rule Of Law ◽  
Democratic Culture ◽  
Right To Information ◽  
The Right

The right to obtain information is closely related to the extension of democratic culture and the expansion of its influence within the societies by establishing the rule of law and the ability to govern honestly and vividly through the spread of information and making the citizen aware about it. Here, the trilogy of transparency, accountability and questioning is evident to make political action governed by controls that reduce opportunities for corruption and prevent the exploitation of power by not excluding any oversight bodies over all legislative, executive and judicial powers. The right to obtain information according to the traditional division of jurists of international law was considered among the civil and political rights, even if this division suffers from a kind of inaccuracy, as the right to information interferes with all rights, whether civil, political or economic, and other divisions that may arise because it is the basic principle for the exercise of any human right. The respect of this right is a measure of the state in its respect of the citizen and the extent of its democracy, or, as it is said, the oxygen of a democratic government. Proceeding from this, when any official party tries to prove its righteousness and respect for the citizen, the repetition of phrases interspersed with the word transparency, meaning that it has nothing to be afraid being declared. This suggests that the right of the citizen to obtain information is either a grant from the state, although there are legal bases that confirm that this right is in contrast to the state and it is permissible to compel any party to provide the information it hides while observing certain restrictions that may be related to national security or public order. Accordingly.

The Denial of the Right of Return as a Rome Statute Crime

2020 ◽  
Author(s):  
Micheal G Kearney
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
Final Section ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
Central Importance ◽  
Right Of Return ◽  
The Right

Abstract In 2018, Pre-Trial Chamber I of the International Criminal Court (ICC) held that conduct preventing the return of members of the Rohingya people to Myanmar could fall within Article 7(1)(k) of the Statute, on the grounds that denial of the right of return constitutes a crime against humanity. No international tribunal has prosecuted this conduct as a discrete violation, but given the significance of the right of return to Palestinians, it can be expected that such an offence would be of central importance should the ICC investigate the situation in Palestine. This comment will review the recognition of this crime against humanity during the process prompted by the Prosecutor’s 2018 Request for a ruling as to the Court’s jurisdiction over trans-boundary crimes in Bangladesh/Myanmar. It will consider the basis for the right of return in general international law, with a specific focus on the Palestinian right of return. The final section will review the elements of the denial of right of return as a crime against humanity, as proposed by the Office of the Prosecutor in its 2019 Request for Authorization of an investigation in Bangladesh/Myanmar.

scholarly journals Private Actors, Public Goods and Responsibility for the Right to Water in International Investment Law: An Analysis of Urbaser v. Argentina

2018 ◽  
pp. 1-24
Author(s):  
Edward Guntrip
Keyword(s):  
Water Supply ◽  
International Law ◽  
International Investment ◽  
Human Right ◽  
Public And Private ◽  
Foreign Investors ◽  
International Investment Law ◽  
Investment Law ◽  
The Right ◽  
Water Supply Services

International investment law balances public and private interests within the broader framework of international law. Consequently, when water supply services, which constitute a public good, are privatized and operated by foreign investors, questions arise regarding whether foreign investors could be held responsible for the right to water under international law. This article considers how the tribunal in Urbaser v. Argentina allocated responsibility for compliance with the right to water between the host State and the foreign investor when resolving a dispute over privatized water services. It highlights how the tribunal in Urbaser v. Argentina supports different understandings of public and private based on whether the human rights obligation is framed in terms of the duty to respect or protect. The article argues that the tribunal’s rationale overcomplicates the process of allocating responsibility for violations of the human right to water when water supply services have been privatized.

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