Commissioner For Human Rights Research Articles

The Role of the South African Human Rights Commission in the Realisation of Socio-Economic Rights

South Africa has a undemocratic past. This past spans centuries of colonialism and decades of the apartheid regime. The adoption of South Africa’s Constitution in 1996 completed the transition to a constitutional democracy and provided the foundation for a new state and society.The redress of historical inequality lie at the heart of South Africa’s post-apartheid Constitution. The inclusion of justiciable socio-economic in the Bill of Rights was globally considered progressive and distinctive. In addition, South Africa’s inclusion of these rights demonstrated that socio-economic rights were also fundamental to rebuilding a nation and eradicating the inequality that characterised apartheid.Central to the effective realization of the range of human rights protected in South Africa’s Constitution are a number of institutions established for the purpose of strengthening constitutional democracy. This article analyses the main activities and assesses the role of the South African Human Rights Commission in the ensuring of realisation of socio-economic rights in the country.

A Comprehensive Review of Sedition Laws in India: Analysis of Section 152 Of BNS and Section 124 A of IPC

Sedition refers to actions or behaviors that encourage rebellion against the governing authority or sovereign authority. In India, sedition laws were introduced during British rule to suppress opposition to the colonial government. Section 124A of the Indian Penal Code (IPC) punished individuals who voiced dissent or protested against the British. After India gained independence, the sedition law continued to be in place, despite growing concerns over its misuse. The United Nations Human Rights Committee has raised objections, urging the repeal of sedition laws in India to align with international human rights standards. These concerns were particularly highlighted during protests such as those against the Citizenship Amendment Act in 2019, where sedition charges were perceived as a tool for silencing dissent. In December 2023, the Indian government passed a new act replacing the IPC with a new code, the BNS. This revision introduced significant changes to sedition laws, including broader definitions and more severe punishments. Critics argue that while the law aims to protect national security and unity, it also poses risks of misuse, particularly in curbing free expression. Provisions like "subversive activities" remain vague, contributing to ongoing debate and calling for greater clarity in its application. The law continues to attract criticism for its potential to stifle legitimate dissent under the guise of national security.

The interplay between unilateral sanctions and the UN Human Rights Committee

ABSTRACT In recent years, the use of unilateral sanctions has notably increased, but there is limited research exploring their interaction with existing human rights mechanisms. This article examines these interactions based on observations from the 139th session of the UN Human Rights Committee (CCPR). By analysing the discussions surrounding unilateral sanctions and human rights during the state reviews of Venezuela, Iran and the USA, this article aims to better contextualise the position of the CCPR to address issues related to unilateral sanctions. It proposes that with more proactive engagement of existing mechanisms, including inter-state and individual complaint procedures, the CCPR holds the potential to improve the protection of civil rights for individuals subjected to unilateral sanctions. It also suggests exploring the potential of CCPR to collaborate with unilateral human rights sanctions to enhance global human rights protection.

Language conundrum in higher education institutions in South Africa: One step forward or two steps back?

Over the years, South African Courts have adjudicated on the status of English and Afrikaans in language policies of higher education institutions. This article reflects on the slow efforts by the South African government and higher education institutions towards the development and inclusion of languages indigenous to South Africa. Taking a textual analysis approach, the aim of this paper is to place emphasis on the need to develop and include indigenous languages of South Africa in the language policies of higher education institutions. The paper further seeks to contend that the inclusion of languages indigenous to South Africa will facilitate social cohesion and affirm restorative justice efforts given the historical marginalisation of black people in language and education. Building on a previously co-authored article addressing the use of indigenous languages in higher education institutions, this paper is limited to Chairperson of the Council of UNISA v AfriForum NPC 2021, the 2022 Commission of inquiry into allegations of racism at Stellenbosch university also known as the Kampepe Report, and the 2023 South African Human Rights Commission's Investigative Report into Allegations of Unconstitutional Language Practices at Certain Stellenbosch University Residences. The analysis presented in this paper will be grounded in transformative justice and a transitional justice framework.

The Inviolability of the ‘Essential Core’ of Human Rights: An Intersectional Feminist Vindication

Navigating the jurisprudence of the United Nations (UN) Human Rights Committee, the UN Committee on the Economic, Social, and Cultural Rights, and the European Court of Human Rights, this article shows that while the two committees are by and large committed to the idea of absolute inviolability of “essential core” of human rights, the Court shows an erratic commitment to the same. This article dubs commitment to absolute inviolability as essentialist and commitment to violability (i.e., “essential core” being violable under certain circumstances), as non-essentialist, and argues in favour of an essentialist approach.This article argues that commitment to essentialist approach can potentially help solve the prioritization/hierarchization dilemma, reduce the implementation gap between Civil and Political (CP) and Economic, Social and Cultural (ESC) rights, and in a way contribute to reconciling the universalist agenda of the International Human Rights Law (IHRL) with cultural relativism— each of these specifically speak to the feminist approaches to, and critiques of, the IHRL more generally and the intersectional feminist approaches to IHRL in particular. This motivates the author to call her standpoint in favouring the essentialist approach, an intersectional feminist one. Dhaka University Law Journal, 2024, 35 (1), 177-192

Strengthening the National Human Rights Commission of Bangladesh through a Legislative Amendment to Fulfill its Commitments Under Sustainable Development Goals (SDGs)

Strengthening the National Human Rights Commission of Bangladesh through a Legislative Amendment to Fulfill its Commitments Under Sustainable Development Goals (SDGs)

경찰활동과 인권침해에 대한 시민인식 - 시나리오 설문을 중심으로

It is essential for the successful establishment and support of police human rights policies to closely analyze citizens' perceptions of police activities. Therefore, what is the judgment of citizens on human rights violations that appeared in various police activities in this study? Is there a difference between the decision of the National Human Rights Commission and the perception of citizens? Also, what is the most important factor for citizens to consider in determining whether the police have violated human rights? We tried to find an answer to the question, does police-related characteristics affect citizens' evaluation of the level of human rights in our society? For the purpose of the study, a scenario questionnaire was produced based on the case of police activities determined that there was an actual human rights violation by the National Human Rights Commission, and an empirical study was conducted to measure and analyze citizens' perceptions on it. Based on the analysis results, it was possible to identify citizens' sensitivity and needs for human rights violations for each police activity, and to identify characteristics of police activities that affect the evaluation of human rights levels in Korea. Police human rights policies based on the research results are expected to play an important role in securing the legitimacy of police actions and restoring trust in the police.

관료제 권력 측정: 문재인 정부의 중앙부처를 중심으로

This study presents the results of measuring the relative size and ranking of bureaucratic power among 44 central administrative agencies during the Moon Jae-in administration to analyze the phenomenon of bureaucratic power. The results of the Bureaucratic Power Index (BPI) measurement indicate that the Ministry of Economy and Finance, Ministry of National Defense, Ministry of Education, Ministry of Land, Infrastructure, and Transport, and Ministry of Trade, Industry, and Energy ranked high in relative bureaucratic power, in that order, while the Rural Development Administration, Statistics Korea, Defense Acquisition Program Administration, Public Procurement Service, and Military Manpower Administration ranked low in that order. When compared with the results of previous studies measuring the administrations of Roh Moo-hyun, Lee Myung-bak, and Park Geun-hye, the Ministry of Economy and Finance, Supreme Prosecutors' Office, Ministry of National Defense, Ministry of Land, Infrastructure, and Transport, Ministry of Trade, Industry, and Energy, Ministry of Education, National Intelligence Service, and Ministry of the Interior and Safety consistently ranked high in relative standing across all four administrations. Conversely, the Ministry of Government Legislation, Military Manpower Administration, Rural Development Administration, National Human Rights Commission, Ministry of Patriots and Veterans Affairs, Public Procurement Service, and Cultural Heritage Administration consistently ranked low in relative standing. Notably, the so-called “power agencies,” such as the Ministry of Economy and Finance, Supreme Prosecutors' Office, National Police Agency, and National Intelligence Service, exhibited higher BPI scores and relative rankings under the conservative administrations of Lee Myung-bak and Park Geun-hye compared to the progressive administrations of Roh Moo-hyun and Moon Jae-in. The theoretical and practical contribution of this study lies in emphasizing the necessity of checks and democratic control over bureaucratic power institutions.

The mandate of Zimbabwe Human Rights Commission in promoting and protecting the rights of persons with disabilities

The mandate of Zimbabwe Human Rights Commission in promoting and protecting the rights of persons with disabilities

The Role of Commissions of Inquiry in Advancing Socio-economic Transformation: Traversing through the Limitations

The Constitution, a cornerstone of South Africa’s legal framework, provides for socio-economic rights in an inclusive society. The Bill of Rights, a vital component of the Constitution, further advances these rights. It establishes a variety of independent entities, such as the South African Human Rights Commission, bolstering socio-economic rights. The paper explores the critical role commissions of inquiry play in fostering socio-economic transformation in South Africa. Furthermore, the paper addresses the aspects influencing commissions’ efficacy, such as mandate clarity, independence, public trust, and government backing. Commissions of inquiry ought to be strategic vehicles for achieving transparency, removing the veil to achieve accountability, and fair socio-economic advancement in modern government structures. The paper examines how commissions of inquiry have handled systemic issues, including corruption, economic inequality, and human rights violations. This paper will explore the potential for future policy formation and execution based on the impact of their recommendations. Despite their shortcomings, commissions of inquiry remain effective vehicles for furthering socio-economic development. The continuous improvement of their methodology and practices is not just a suggestion but a necessity for enhancing their influence in solving complex socio-economic concerns. These inquiries should ensure the government’s accountability in upholding the socio-economic rights in the Bill of Rights as we mark 30 years of democracy. The author hopes the arguments in this paper will enhance the debate on advancing socio-economic transformation and improving inquiry commissions’ methodologies to resist external influences like politics. Keywords: South Africa, socio-economic, inclusive society, Constitution, Institutions, Commissions of Inquiry.

Journalism and Advancing Human Rights: Suo Motu Cases in India

Journalism plays a pivotal role in advancing human rights. Newspapers and media not only make citizens aware of human rights, they are also key in reporting incidents of violation of these rights. In India, this journalistic responsibility is heightened manifold with the suo motu cognizance afforded through the National Human Rights Commission (NHRC). Applying suo motu, the NHRC issues orders and acts without being petitioned. As such, newspapers and media in India have the capacity to not just increase public awareness but also lead to direct remedial action. In this paper, NHRC suo motu cases registered in the study period of five months from April 2024 to August 2024 are examined. This includes a total of 65 eligible cases, of which 60% stem from 7 newspapers and 40% from 21 additional newspapers. Nearly three-quarters - 48 of the 65 - cases are reported from 7 states. The cases cover hazardous and illegal employment, rape and sexual offences, medical issues, negligence and mismanagement by authorities, police mistreatment, and other incidents. Four illustrative cases of deaths filed within the NHRC suo motu cognizance are presented in detail, reflecting the nature and content of grievances of human rights violations in India. These include sewer deaths, suicide due to police harassment, a police custody death, and death by electrocution. By understanding suo motu cases in the human rights context in India, journalists can gain perspective on their role in advancing the dignity of our society.

The Institute of the Commissioner for Human Rights: history, modernity, prospects

The article is devoted to the study of topical issues of functioning of the institution of the Ombudsman for Human Rights in the context of its historical development from the moment of its creation to the modern period. The scientific research reveals historical prerequisites for the emergence and peculiarities of the formation of the institution of the Ombudsman in the territory of Kazakhstan. Its role and essence from the position of different points of view of scientists is revealed. The author conducts a detailed analysis of the modern period of activity of the Ombudsman, paying special attention to the transformation of the institution and strengthening of its significant positions in the legal field of our statehood. The purpose of this article is a historical study of the development of the institution of the Commissioner for Human Rights in the Republic of Kazakhstan and foreign countries, its modern interpretation and prospects for its further development. To reveal the purpose of scientific research, various methods of scientific cognition were used, mainly: historical, comparative-legal, empirical. As a result of the study, the author identified the main stages of development of the institution of the Commissioner for the Protection of Human Rights. Positive trends in the development of the institution of the Ombudsman are outlined. Recommendations aimed at rationalization of the national legislation of the Republic of Kazakhstan, with the purpose of further prospects of strengthening the effectiveness of the Commissioner for Human Rights and its human rights functions are given.

Menimbang Prospek Komunikasi Individual HAM: Politik Hukum dan Implikasi Potensial Bagi Indonesia

The individual communications procedure is a vital mechanism in international human rights law that enables victims to seek remedies when domestic legal venues have been exhausted or failed to deliver justice. Although Indonesia has acceded to almost all core international human rights treaties, its individual communications procedures have yet to be accepted. This study investigates the Indonesian Government’s human rights legal policy toward individual communications procedures acceptance through the ratification/accession of the ICCPR First Optional Protocol and ICESCR Optional Protocol, as well as analyzes the potential implications of such acceptance. This study utilizes a normative legal methodology coupled with interdisciplinary and conceptual approaches. In addition to analyzing legal materials, interviews were conducted with scholars, NGO activist, victim, and former Commissioner of Indonesia’s National Human Rights Commission to deepen the analysis. The findings reveal the Government’s lack of political will to accept individual communications procedures due to a tendency to avoid adjudicatory human rights accountability mechanisms and the avoidance of possible compliance costs, such as financial, reputational, and political burdens. Furthermore, this study demonstrates that these procedures’ acceptance has potential implications for opening access to justice for victims, providing strategic litigation channels, and facilitating interaction between treaty bodies and the national judiciary regarding the development of interpretations of human rights through judicial dialogue. The Government should consider ratifying/acceding the ICCPR and ICESCR Optional Protocols to strengthen the domestic human rights protection infrastructure and enhance its reputation as a promoter of human rights.

Peculiarities of criminal liability provided for collaborative activities

The article examines the peculiarities of criminal liability for collaboration activities in Ukraine as one of the key challenges to national security amidst the ongoing armed aggression of the Russian Federation. It analyzes the grounds for introducing relevant legislative norms, particularly Article 111-1 of the Criminal Code of Ukraine (CCU), and their significance in combating collaborationism. The study outlines issues associated with the application of these norms, especially in distinguishing criminal acts from behaviors aimed at survival by citizens in temporarily occupied territories (TOT). The article provides a historical overview of the term “collaborationism” and its contemporary meaning. It emphasizes that collaboration activities encompass various forms, such as public denial of aggression, cooperation with occupation authorities, organizing unlawful elections or referenda, and participating in propaganda activities. However, the lack of a clear definition of this term in the CCU complicates its practical application. Statistical data underscore the relevance of the issue: since the introduction of Article 111-1, over 8,000 cases have been registered. Nevertheless, the high conviction rate and absence of acquittals raise concerns about adherence to principles of justice and human rights. The study also discusses observations by the Office of the United Nations High Commissioner for Human Rights, highlighting the insufficient clarity of the article’s provisions, which may lead to arbitrary enforcement. The authors propose improving criminal legislation through the following measures: Introducing a clear definition of collaborationism into the CCU. Clarifying the provisions of Article 111-1 in line with international standards. Ensuring legal differentiation between criminal offenses and actions related to survival. Harmonizing Ukrainian legislation with international humanitarian law. These changes are expected to enhance the effectiveness of combating collaborationism while maintaining a balance between punishing offenders and protecting the rights of citizens in TOT.

Female Garment Workers in Bangladesh Facing Human Rights Violation; A Search to Find the Root Causes

Among the most important productive sectors of Bangladesh is the garment industry. The total contribution of the garment industries to the national foreign exchange earnings is 83%. Though the garment sector has created substantial employment for female workers, female workers face numerous human rights violations at the workplace including sexual harassment, forced labor, maltreatment of supervisors, maternity leave problems, safety problem, and health problem etc. This qualitative study gathered data from male and female garment workers, as well as from senior managers and owners, and experts from NGOs and from universities. This study revealed social-cultural, economic, structural and organizational causes behind human rights violations of female garment workers. Some of the causes are deficiency of education, fear of losing employment through complaining, lack of awareness and government oversight, weakness of the National Human Rights Commission and human rights organizations, unwillingness of owners to face the issue, poverty, and entrenched patriarchy.

ON MANOEUVRING KAZAKHSTAN'S CRIMINAL LAW IN DEFINING TORTURE AND OTHER CRUEL, INHUMANE, AND DEGRADING TREATMENT AND PUNISHMENT

Background: The issue of violence remains highly relevant in Kazakhstan today. Despite legal protections against violence and defence for individual rights, to date, there has been no resolution to the issue of torture by or on behalf of the state. The foundations of Kazakhstan as a rule-of-law state are undermined by violence. The state's efforts to address the current situation appear to be ineffective, fostering an environment where future violations of the rights, liberties, and legitimate interests of individuals, as protected by the Republic of Kazakhstan's Constitution, are encouraged. There is a trend towards governmental illegal violence being tolerated. It is unacceptable for law enforcement and prison personnel to conduct torture as a standard practice. Systemic measures, including criminal law measures, have a specific position in the fight against torture. This study's objectives are to analyse how torture and other cruel, inhumane treatment are criminalised under Kazakhstani criminal law, pinpoint issues with how these laws are applied, offer recommendations for addressing them, and contribute to the ongoing conversation surrounding these issues. Methods: The method of normative-legal research was used in the analysis of Kazakhstani criminal legislation on the qualification of torture. The method of conceptual analysis was used in the study of a new conceptual apparatus in the disclosure of understanding of ill-treatment and torture. The comparative-legal method allowed the analysis of the history of the development of Kazakhstan’s criminal legislation on the criminalisation of torture and ill-treatment to be subject to critical analysis of the current norms of criminal law in comparison with international legal acts. The qualitative method was used to analyse the situation with torture according to official data of the Committee on Legal Statistics and Special Records of the General Prosecutor's Office of the Republic of Kazakhstan, appeals of Kazakhstani citizens to the Commissioner for Human Rights in the Republic of Kazakhstan with complaints of torture. Results and conclusions: Based on the analysis of the provisions of the current Kazakhstani criminal and international legislation and relevant scientific literature, the authors come to a scientifically justified conclusion on the need to actualise the attention of the state to focus more actively on addressing torture and cruel, inhumane treatment. The authors make proposals for further development of criminal-legal measures to counter torture and cruel, inhumane treatment. One such recommendation is to remove the narrow definition of an official in relation to torture within the health care, education and medical and social spheres. Furthermore, the authors argue for the adjustment of Article 146 of the Criminal Code to more clearly differentiate between ill-treatment and torture.

CRIMINAL LAW PROTECTION OF THE RIGHT OF A PARTICIPANT IN LEGAL PROCEEDINGS TO PROTECT PERSONAL DATA (PROBLEMS AND PROSPECTS FOR THEIR SOLUTION)

The article examines the issues of the current state and the problems of insufficient effectiveness of the criminal law fight against the unfair use of personal data about participants in legal proceedings (including participants in criminal proceedings). The illegal use of personal data may entail a violation of the interests of justice and other law-enforcement interests of the state, constitutional rights and legitimate interests of citizens and organizations. The initiative draft of the federal law “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation” is analyzed, aimed at improving existing mechanisms for combating criminal acts in the field of personal data circulation. This draft was prepared by the Office of the Commissioner for Human Rights in the Russian Federation in accordance with paragraph 2 (a) of the List of Instructions from the President of the Russian Federation dated January 12, 2023. based on the results of the meeting of the Council for the Development of Civil Society and Human Rights on December 7, 2022. The author concludes that improving the effectiveness of preventing and suppressing illegal trafficking in personal data (including the use of such data for the purpose of committing crimes) cannot be ensured solely by strengthening the criminal protection of legitimate the interests of participants in the preliminary investigation of criminal cases, and not all categories of participants in the proceedings. To solve this problem, an integrated set of legal, organizational, technological measures and other interrelated measures is needed.

A Review of Legal Requirements for Criminal Complaint - Focusing on National Human Rights Commission Decision Case on Right to Know in Korean Civil Petition -

A Review of Legal Requirements for Criminal Complaint - Focusing on National Human Rights Commission Decision Case on Right to Know in Korean Civil Petition -

Breaking the Cycle of Injustice: Revolutionizing Human Rights Violations Resolution Through the 1945 Constitution

The stagnation of human rights enforcement in Indonesia's Reformation Era has highlighted a critical imbalance: the current system prioritizes punishing perpetrators of serious human rights violations over addressing the recovery and well-being of victims. This research introduces The Constitution of Peace as a transformative, victim-centered model for resolving serious human rights violations outside the courtroom, aligning with the principles and soul of the 1945 Constitution. The proposed model comprises three innovative approaches: first, mediation facilitated by the National Human Rights Commission to foster dialogue and accountability; second, the provision of compensation, restitution, and assistance to victims through the Witness and Victim Protection Agency, ensuring tangible support for recovery; and third, an official apology by the relevant authority, accompanied by the fulfillment of economic, social, and culpability obligations. Together, these measures aim to correct the limitations of the current retributive framework by prioritizing restorative justice and victim empowerment. By embracing these victim-oriented solutions, this model not only addresses the legal and moral obligations enshrined in the 1945 Constitution but also fosters reconciliation and societal healing. The research underscores the transformative potential of the Constitution as a foundation for peace, justice, and the resolution of entrenched human rights challenges. It calls for a paradigm shift from punitive measures to a more holistic approach, ensuring that justice serves both the dignity of victims and the broader goal of national harmony.

A Study of Constitutional Protections Against Custodial Violence – A Critical Analysis

The destruction of India's democracy occurs when a police officer tortures someone while they are in their custody. It is the greatest irony that the nation is currently fighting valiantly to eradicate a crime like "Custodial Violence" yet Mahatma Gandhi was the foremost leader who adhered to the ideal of non-violence in achieving India's freedom. The state has a responsibility to defend society from attack. One has no choice but to be tortured by those who uphold the law and the rule of law. Custodial death is not in accordance with the procedure established by law, at the same time, it is the deprivation of the right to life. Custodial death is the outcome of the brutal action or negligence of the police. It results in an unnatural death. Such a dangerous issue that is threatening the very basic right to life remained unexplored, and no major research has been undertaken to examine the problem from a state-level perspective. Thus, there is depth and intensive literature on the topic. The literature helps to give a comprehensive picture of efforts taken by the judiciary as well as the state government to combat the custodial violence. It deeply analyses the constitutional protections of an Accused and it is concluded by saying numerous suggestions for combating the custodial violence crimes. Therefore, the present study is mainly focused on critical analysis of the adequacy of existing laws relating to prevention of custodial violence. The study also incorporates practical aspects of custodial violence based on the statistics given by the State Human Rights Commission of Tamil Nadu.