FACULTY OF HUMAN SCIENCES
DEPARTMENT OF SOCIAL SCIENCES
PROGRAMME: BACHELOR OF CRIMINAL JUSTICE
PROGRAMME CODE: 07BACJ/07BCJC
COURSE: HUMAN RIGHT IN CRIMINAL JUSTICE, CODE: HRCJ521 S
STUDENT: SHILEKA JOSEPH S, STUDENT NO: 218018975
LECTURER: MISS NGUTJIUA HIJARUNGURU
ASSIGNMENT TYPE: HOMEWORK # 2
ASSIGNMENT TOPIC: CHALLEGES ON 21 CENTERTY
DATE SUBMITTED: 27 AUGUST 2018
ACKNOWLEDGEMENT BY STUDENT
I JOSEPH SHILEKA, 218018975, hereby acknowledge that I have read this course outline for HUMAN RIGHTS FOR CRIMINAL JUSTICE and that I have familiarised myself with its content, in particular the statement about academic honesty and integrity. I agree to abide by the Policies and arrangements spelt out in this course outline.
JS 27 / 08 / 2018
Signature of StudentDate
Table of Contents
TOC o “1-3” h z u DATE SUBMITTED: 27 AUGUST 2018 PAGEREF _Toc523177735 h 1ABSTRACT PAGEREF _Toc523177736 h 3INTRODUCTION PAGEREF _Toc523177737 h 41.1 ADEQUATE HOUSING PAGEREF _Toc523177738 h 41.2CORRUPTION AND HUMAN RIGHT PAGEREF _Toc523177739 h 51.3 EDUCATION AND HUMA RIGHTS PAGEREF _Toc523177740 h 61.4 DISABILITIES AND HUMAN RIGHTS PAGEREF _Toc523177741 h 71.5 DEMOCRATIC DEFICIT PAGEREF _Toc523177742 h 71.6 FREE AND FAIR ELECTIONS PAGEREF _Toc523177743 h 81.7 DISCRIMINATION PAGEREF _Toc523177744 h 9CONCLUSION PAGEREF _Toc523177745 h 9RECOMMENDATION PAGEREF _Toc523177746 h 10
ABSTRACTThe improvement of universal human rights law positions among the most signi?cant achievements in worldwide relations since 1945. But there is clear evidence on challenges that are abstracting the role of OHCHR. Social problems for human rights are mainly undermining the legitimacy in Namibia and Africa at large. The evidence is mostly found in the adequate housing, corruption, discrimination, education, disability and the United Nations Study on Violence against Children.
The United Nations Commission on Human Rights was set up in 1946 to weave the universal lawful texture that secures our crucial rights and opportunities. It is made out of 53 States and its concise was extended after sometime to enable it to react to the entire scope of human rights issues. It set guidelines to administer the direct of States. It additionally went about as a gathering where nations substantial and little, non-legislative gatherings and human rights protectors from around the globe voiced their worries. Challenges that OHCHR facing are: the right to Adequate Housing, Corruption and Human Rights, Disability and Human Rights, Education and Human Rights and Discrimination. Firstly is to express how it affect the Human Right in African countries.
1.1 ADEQUATE HOUSING
Housing is the foundation of constancy and security for an individual or family. The centre of our social, emotional and sometimes economic lives, a home should be a preserve, a place to live in peace, security and dignity. Increasingly viewed as a commodity, housing is most importantly a human right. Under international law, to be adequate housed means having secure tenure, not having to worry about being evicted or having your home or lands taken away. It means living somewhere that is in keeping with your culture, and having access to appropriate services, schools, and employment.
In the latest statement to the UN Human Rights Council, the Special Rapporteur discovers the funding of housing and it’s disadvantageous on human rights, in specific, the right to housing. People are being forced by the state to make ways for extravagance developments, this are unknown companies buying actual land from distant meeting room. People pushed out of their communities because they simply could not have enough money to live there, the impacts have been felt across the whole Africa. People end up walking long distances for services. As most African countries are developing countries majority of people are living in informal settlement this people they face forced eviction (is the permanent or debarment against their can of people, families and/or communities from the homes and/or land that they occupy, while not the availability of, and access to, acceptable kinds of legal or alternative protection) or displacement every day to make way for amusing investment. This situation force people to rendered homeless. CITATION htt l 7177 (htt)
1.2CORRUPTION AND HUMAN RIGHTInternational human rights mechanisms, including the Human Rights Council, have paid increasing attention to the negative impact of corruption on the enjoyment of human rights and made numerous recommendations to Member States with the aim to prevent and suppress corruption.
Depending on the level, pervasiveness and form of corruption, corruption can have devastating impacts on the availability, quality and accessibility – on the premise of equality – of human rights-related merchandise and services. Moreover, it undermines the functioning and legitimacy of establishments and processes, the rule of law and ultimately the State itself.
Disadvantaged teams and persons suffer disproportionately from corruption. They usually additional dependent on public merchandise and services and have restricted suggests that to appear for different personal services. They generally have fewer opportunities to participate within the style and implementation of public policies and programmes and lack the resources to defend themselves and get reparations. Those concerned in efforts to analyse, report, prosecute and check out corruption square measure at heightened risk of human rights violations and need effective protection.
Corruption exists altogether countries, regardless of the economic or social group and their level of development, within the public and personal spheres. It’s a multinational development requiring international cooperation, as well as within the recovery of taken assets. While acts tainted by corruption will represent human rights violations, corruption itself is best seen as a structural obstacle to the enjoyment of human rights.
At an equivalent time, anti-corruption efforts have to be compelled to befit human rights standards, otherwise they lose their legitimacy. Human rights standards, principles and mechanisms give extra entry points to enrich anti-corruption efforts. OHCHR promotes an individual’s rights-based approach to anti-corruption, associate approach that puts the international human rights entitlements (the “rights-holders”) and also the corresponding obligations of the State (the “duty-bearer”) within the centre of the anti-corruption dialogue and efforts in the slightest degree levels.
In a corrupted judicatory, African judges are typically anaesthetize pressure from politician and compelled to render justice contrary to what the law prescribes. This is typically why the courts are often overpowered and ineffective to guard human rights. Several reports demonstrate that this can be a heavy issue sweet-faced by several African countries. If the judiciary that’s referred to as to gauge corrupted individuals is itself corrupt, it’s obvious that there cannot be justice in such a society and, therefore, elementary human rights area unit simply vulnerable and infringed. simply to say the instance of DRC once more, throughout the primary legislative assembly (2006-2011), many times the Senior public prosecutor refrained to request from the parliament that immunities be banished to sue representatives World Health Organization were concerned in practices of human rights infringement and different criminal actions. CITATION htt1 l 7177 (htt1)1.3 EDUCATION AND HUMA RIGHTSBased on Namibian context, The Constitution of the Republic of Namibia, Article 20, section (2) Primary education shall be compulsory and the State shall provide reasonable facilities to render effective this right for every resident within Namibia, by establishing and maintaining State schools at which primary education will be provided free of charge.
As it is stated that the state shall provide facilities to state schools to promote quality education this is only met half way. Schools that are in rural areas are facing a challenge in terms of school facilities. Whereby children want to attend school but there is lack of schools and lack of classrooms. In some cases children are buying their own stationaries which were supposed to be provided by the government such as exercise books, pencils, rules, contributing money to buy chairs (this was done in Ohangwena region) and blank papers for making copies. The buying of their own stationaries and chairs proven that education is not for free as it is stated in the constitution.
Furthermore, some children are still walking long distances to go to school which can be 10 km which can be 20km per day and some children are attending schools under the trees which means that there is a lack a schools in Namibia and lack of building facilities. This is not only happening in Namibia but also in other African countries. In some African countries primary education is not yet for free especially in the poorest countries such as Somalia.
(3) Children shall not be allowed to leave school until they have completed their primary education or have attained the age of sixteen (16) years, whichever is the sooner, save in so far as this may be authorised by Act of Parliament on grounds of health or other considerations pertaining to the public interest.
This section is a huge challenge to human rights in Namibia due to high rate of drop outs of children from schools. Despite access to free education children are still starling-out of schools and nothing much is done to help this children to return back to school. The study carried out in 2016 shows that 13 082 at pre-primary level are not in schools and 36 084 at primary school level are also not in school and this children are between the age of 6 to 16 years. In addition, countries that are at northern eastern side of Africa are also experiencing the same problem whereby girls are less likely to attend school than boys. In this way girl’s education is not valued compared to boy’s education but they say “when you educate a woman you educate a nation”. To add, all people have equal rights to education. The startling–out of schools may be due to lack of parental support, no access to water and sanitation, disability and etc. This means that the children are not enjoying their rights fully. CITATION The16 l 7177 (The Constitution of the Republic of Namibia 2016)1.4 DISABILITIES AND HUMAN RIGHTSThe Human Rights Council, by its resolution 26/20 created the special procedure of the Special Rapporteur on the right of persons with disabilities. In Africa people with disabilities are seen as invisible and they do not enjoy the full range of human rights. They are far from enjoyment of the values equality, rights and dignity. In addition, people with disabilities are fronting discrimination and this diminished their chances to participate in the community affairs. Furthermore, the education system is failing to in cooperate Inclusive Education in general school system to be able to cater for all the people with different disabilities such as visual, physical and learning disabilities. To add, people with disabilities are more affect by poverty and some are in extreme poverty. Moreover, according to the writer’s point of view in Namibia only few people with disabilities are able to participate in sports and cultural activities. The ones that take part are the ones that are in town because they are well exposed than the ones in rural areas. CITATION htt2 l 7177 (htt2)1.5 DEMOCRATIC DEFICIT
Democratic deficit can lead to political inexperience and foolishness often prevent votes from observing the government. The unbalanced power of planned interest groups allows them to capture the democratic process and use it in a manner that at times hurt the interest of the over-all community. In this case some administrations only choose to protect the minorities while being an enemy towards others. Furthermore, human rights are often needed to limit the majority from making foolish choices in times of disaster or from disrespectful the rights of minorities. Countries in Africa that are experiencing democratic deficit do not help the leaders and head of state to ratify plans that are in the interest of their people and also in support of their human rights. This means only some people can enjoy the government benefits. In this case people might leave in a democratic country but they are not enjoying the fruits of a democratic country.
Moreover, human rights suffers in Africa from democratic deficit as a result of they are doing not offering real proof of accord or maybe widespread support for his or her provisions from the democratic nations. CITATION htt3 l 7177 (htt3)1.6 FREE AND FAIR ELECTIONSOHCHR and therefore the Carter Centre have worked to create stronger ties between human rights mechanisms and therefore the international election observation and help communities. This is a challenge to African countries such as Zimbabwe and Democratic Republic of Congo (DRC). In 2008 Zimbabwe agreed to have free and fair elections as stated by the UN and the elections were carried out as it was planned. The official opposition party (Movement for Democratic Change) won the elections and the ruling party (Zimbabwe African National Union) was defeated and refused to step down and claimed to go for the second round of elections as Mugabe is the only active participating candidate although Tsvangarai’s name remained on the ballot. This lead to political instability and the leaders from the ruling party were harassing the people from opposition party. This was brutal violation of human rights of the members of MDC. The organisation of truthful and peaceful elections on a daily basis has remained a challenge for several African countries, whereas the judiciary and different establishments relevant to the protection of human rights are corrupted and are below the self-interested influence of the chief.
In 2006, Democratic Republic of Congo held their first general elections after forty one years. Voters visited the polls to elect the new President of the Republic and a new National Assembly, the lower-house of the Parliament.
The polls were boycotted by the veteran opposition leader, Étienne Tshisekedi, World Health Organization complained of fraud. The international community funded the elections with $460 million and deployed the world’s largest international organization peacekeeping mission, to assist the soundness of the election. Whereas the election was conducted comparatively peacefully, the gathering of the results evidenced chaotic, resulting in armed clashes and growing fears of instability. As a result, DRC election officers proclaimed that they’d begin to unharness partial results earlier rather than solely saying the ultimate estimate August twenty.
Ongoing abuses of human rights are rumoured everywhere continent and, most of the time, these violations have taken place at intervals the context of corruption, armed conflict and political instability. At intervals such a negative surroundings, the factors known earlier because the elements of democratic culture and smart governance are defective and ineffective. Violations of human rights by members of the government throughout this initial decade is in contestable by the quantity of arrests of the many former African rulers and their trials before the International tribunal. CITATION htt6 l 7177 (htt6)1.7 DISCRIMINATION”All people at large square measure born free and equal in dignity and rights”. These initial few known words of the Universal Declaration of Human Rights sixty years ago established the essential premise of international human rights law. Yet today, the fight against discrimination remains a daily struggle for millions round the Africa. Beginning on Human Rights Day 2009 and continued throughout 2010, the world organization human rights workplace features a target discrimination.
The international organisation (OHCHR) has since its terribly starting set united of its goals ” to affirm religion in elementary human rights, within the dignity and value of the human person” while not distinction on race, sex, language, or faith.1 as this development is a lot of refined, a lot of corrosive and a lot of resilient than anyone had thought.
For individuals, the struggle to extract themselves from things of discrimination at nearly each flip in their daily lives is associate degree not possible ambition. Tragically, as we’ve seen within the past twenty years, policies of group action and kill, policies supported discriminatory ideologies, have crystal rectifier to destruction, exile and death. CITATION htt5 l 7177 (htt5)CONCLUSION
To sum-up in Africa people are not having adequate housing due to high prices and those who are living in informal settlements are being evicted by the governments and become homeless. Corruption is every day headline whereby elites use the state fund to enrich themselves in steady to deliver service of the people. To add, poor practice of inclusive education in the general school system leaves some children unattended. The lack of schools building that is leading the learners to be attending school under the trees expose children to harsh weather conditions. Such weather conditions can also lead to startling-out of learners from schools. Africa has a high rate of learners dropping out from school. Furthermore democratic deficit can hinder human right in such a way that the government can use democratic processes to protect the minorities and at the time they are hurting the nation. The government officials are just working for their own interest and forget the interest of others. Furthermore, people with disabilities do not enjoy their rights as there are seen as invisible and there are incapable. In African concept people with disabilities are sometimes seen as failures that is why they do not take part in many social life activities such as sport. Many education institutions are not designed in a way that will cater for all the people including people with disability. Sometime they are not treated equally and fairly and they are faced poverty. Moreover, Some Africa nations declare to have free and fair elections but they are not fulfilling the strategies for free and fair elections during the elections. And some political leaders do not like to accept the defeat from the elections and this force them to use their power during the elections in a way that it will benefit them and not the nation this has then an impact the their (the nation) human rights. In addition, different people face discrimination due to their race, sex, occupation, colour or tribe and etc. such people are not free and they do not open up.
RECOMMENDATIONAfrica countries needs the youth’s generation to take part in political decision making. Committee such as anti-corruption it need to a private to prevent favour and over powered by executive. They leaders should respect the human right always. All children should attend and finish their primary education. People with disabilities should be given opportunities like other people and they must be treated equally. Discrimination should stop because we are all equal be God and the law. Countries should practice free and fair elections and follow the procedures made by the UN.
BIBLIOGRAPHY n.d. https://www.ohchr.org/EN/Issues/Housing/toolkit/Pages/RighttoAdequateHousingToolkit.aspx .
n.d. https://www.ohchr.org/EN/Issues/CorruptionAndHR/Pages/CorruptionAndHRIndex.aspx .
III, Habita, ed. Human rights-based national housing strategies. document . United Nation Assebly . Newyork, 2014.
“The Constitution of the Republic of Namibia.” 12. windhoek: office of the Ombudman, 2016.