Year in Review: 2021

2020 In Review: Focus on The African Commission on Human & People’s Rights

This review examines the performance of the African Commission during the year under review, with particular emphasis on its independence. It aims to provide the African Commission and all relevant stakeholders information to improve the functionality of the institution while safeguarding its autonomy. This assessment was conducted through a review of documents and reports of the African Commission, including its activity reports, communiqués, resolutions, mission reports, normative guidelines, decisions, and press releases. Commentary in English, Arabic, French, Portuguese

Undermining The African Commission – A Focus on Egypt

This paper focuses on Egypt as a case study to highlight how some AU member states undermine the African Commission. Specifically, the study investigates the Egyptian government’s domestic responsiveness to human rights issues and how it has used its hegemonic position and shrewd diplomacy to elude being held accountable. Review in English, Arabic, French, Portuguese

Abortion and Conscientious Objection in South Africa

In Chapter 2, I examined the lack of regulation regarding the scope of conscientious objection to abortion in South Africa.

S Nabaneh ‘Abortion and ‘Conscientious Objection’ in South Africa: The Need for Regulation’ in E Durojaye, G Mirugi-Mukundi & C Ngwena (eds) Advancing Sexual and Reproductive Health and Rights in Africa: Constraints and Opportunities (Routledge, 2021) 16-34

FGM in The Gambia

The chapter highlights the nexus between sexual health and rights. Beyond criminalization, states should ensure that mechanisms are in place that addresses prevention, protection, prosecution, and provision of rehabilitation services.

(with E Durojaye) ‘Addressing Female Genital Cutting/Mutilation (FGC/M) in The Gambia: Beyond Criminalisation’ in E Durojaye, G Mirugi-Mukundi & C Ngwena (eds) Advancing Sexual and Reproductive Health and Rights in Africa: Constraints and Opportunities (Routledge, 2021) 116-131

Criminal accountability for violence against women with disabilities

In this chapter, the question asked is whether African countries can ensure criminal accountability for violence against women with disabilities. We argued that women and girls with disabilities must be recognized as equal rights holders to access justice.

(With Adetokunbo Johnson)The Invisible Woman: Limits to Achieving Criminal Accountability for Violence Against Women with Disabilities in Africa in Ashwanee Budoo- Scholtz & Emma Charlene Lubaale (eds) Violence against Women and Criminal Justice in Africa: Sustainable Development Goals Series, Vol II, Sexual Violence & Vulnerability (Palgrave Macmillan, 2021) 251-309

Study on Sexual Harassment in the Workplace in The Gambia

The Gambia National Human Rights Commission commissioned this study with funding from the UNDP. This study is grounded on everyone’s right to work free from violence and harassment, including sexual harassment.  The findings of this study, which serve as the basis for developing a comprehensive Sexual Harassment in the Workplace, expose the prevalence, magnitude, & measures that could be in place to make the workplace conducive and secure.

The Gambia: 2020 International Review of Constitutional Reform

The Gambia, as part of the inaugural edition of the International Review of Constitutional Reform, explains and contextualizes events in constitutional reform over the previous year

S Nabaneh ‘The Gambia’ In Albert, R, D. Landau, P. Faraguna, and S. Drugda The 2020 International Review of Constitutional Reform. ICON and the Clough Center for the Study of Constitutional Democracy. ISBN: 978-0-692-15916-3

Power and the COVID-19 Pandemic

Here I discuss how the successive declarations of states of public emergency in The Gambia circumvented parliamentary oversight and restricted human rights.  

S Nabaneh ‘The Use of Emergency Powers in Response to COVID-19 in The Gambia’ VerfBlog (May 5, 2021) DOI: 10.17176/20210506-111540-0.

ICC and US Sanctions

My contribution to the Opinio Juris’ symposium on the USA sanctions on the International Criminal Court (ICC) Former Prosecutor, Fatou Bensouda, and the head of the Office of the Prosecutor’s Jurisdiction, Complementarity, and Cooperation Division (JCCD), Phakiso Mochochoko.

S Nabaneh ‘ICC Sanctions Symposium: The Unprecedented Attack Against the ICC Prosecutor–The Pitfalls of Being a National of a ‘Less-Powerful’ State’ OpinioJuris (April 24, 2021)

Role, and Impact of Judicial Globalization

The puzzle: What is the contemporary debate on the use of international and foreign legal materials in constitutional adjudication?

This Judicial Globalization series is published on www.satangnabaneh.com. The introduction is followed by four posts exploring the role and impact of foreign and international law for constitutional adjudication.

Seizing the opportunity: Gambia’s Election After Dictatorship, Vanguard Africa, (November 29, 2021)

I explored how December 4 will be a major indicator of whether Gambians can successfully consolidate our hard-won gains

The Gambia’s Milestone Election?, Human Rights in Context Blog (November 29, 2021)

I discussed the next presidential election and the implications for human rights

In pursuit of a peaceful presidential election in The Gambia, Democracy in Africa, (September 30, 2021)

I discussed how the state of political intolerance, religious and ethnic politics had reached alarming proportions that triggered concerns.