The adoption in 2013 of the Model Law on Access to Information for Africa by the African Commission on Human and Peoples’ Rights is an important landmark in the increasing elaboration of human rights-related soft law standards in Africa. Although non-binding, the Model Law significantly influenced the access to information landscape on the continent. Since the adoption of the Model Law, the Commission adopted several General Comments. The AU similarly adopted Model Laws such as the African Union Model Law on Internally Displaced Persons in Addressing Internal Displacement in Africa.
This collection of essays inquires into the role and impact of soft law standards within the African human rights system and the AU generally. It assesses the extent to which these standards induced compliance, and identifies factors that contribute to generating such compliance. This book is a collection of papers presented at a conference organised by the Centre for Human Rights, University of Pretoria, with the financial support of the government of Norway, through the Royal Norwegian Embassy in Pretoria. Following the conference, the papers were reviewed and reworked.
Fola Adeleke is a South African trained lawyer whose work focuses on international economic law and human rights, corporate transparency, open government and accountability within the extractive industry. He holds a PhD from Wits University and a LLM degree from the University of Cape Town. He once headed the Access to Information Programme of the South African Human Rights Commission and served as the country researcher for the Open Government Partnership Independent Reporting Mechanism in South Africa in 2016. Fola has also produced research on access to information for the Carter Center, the Open Society Foundation and the World Bank.
Aderomola Adeola is a Post-Doctoral Fellow and coordinates the Migration Project at the Centre for Human Rights, Faculty of Law, University of Pretoria, South Africa. She previously held the Steinberg Fellowship in International Migration Law and Policy at McGill University (2016-2017) and has written extensively on issues of migration law and policy in Africa. Her areas of interests are law and policy aspects of migration, development, human rights and democracy in Africa.
Marianna Belalba Barreto received a law degree from the Universidad Católica Andrées Bello in Venezuela and an LLM from the University of Notre Dame. She previously worked as a researcher in the Rule of Law Programme at the Centre for Applied Legal Studies in South Africa and as a legal officer at Espacio Público in Venezuela on issues primarily relating to freedom of expression and access to information. She currently is a researcher in the civic space cluster at CIVICUS.
Japhet Biegon is the Africa Regional Advocacy Coordinator at Amnesty International. He leads its advocacy engagement with the African Union (AU) and diplomatic representatives accredited to the AU. He is also an Extraordinary Lecturer at the Centre for Human Rights, University of Pretoria. He sits on the Advisory Board of the Human Rights Law Implementation Project (HRLIP), a collaborative research initiative between the Open Society Justice Initiative and four academic human rights centres (Bristol, Essex, Middlesex and Pretoria). He holds a Doctor of Laws Degree (LLD) in International Human Rights Law from the University of Pretoria, South Africa. The chapter in this book authored by him is based on his doctoral thesis, completed at the Centre for Human Rights, Faculty of Law, University of Pretoria.
Ebenezer Durojaye holds the degrees LLB (Lagos) and LLM LLD (Free State). He is an Associate Professor of Law and Head of the SocioEconomic Rights Project at the Dullah Omar Institute, University of the Western Cape, South Africa. His research interests include human rights issues raised by access to HIV/AIDS treatment, the intersection of gender inequality and HIV/AIDS, women’s health and adolescents’ sexual and reproductive rights in Africa. He is the co-editor (with Charles Ngwena) of Strengthening the protection of sexual and reproductive health through human rights in the African region (PULP, 2014). He serves as an Independent Expert on the Committee on the Protection of the Rights of People Living with HIV and Those at Risk, Vulnerable to and Affected by HIV of the African Commission on Human and Peoples’ Rights.
Busingye Kabumba is a Lecturer at the School of Law, Makerere University, Uganda. He holds degrees from Makerere (LLB), Oxford (BCL), Harvard (LLM) and Pretoria (LLD). The chapter in this book authored by him is based on his doctoral thesis, completed at the Centre for Human Rights, Faculty of Law, University of Pretoria. His main areas of teaching and research are comparative constitutional law, electoral law, human rights law and international law. Recent publications include the books A comparative review of presidential election court decisions (2016), with Professor Frederick Ssempebwa, Justice Professor Lillian TibatwemwaEkirikubinza and Justice Eusebia Munuo; and Militarism and the dilemma of post-colonial statehood: The case of Museveni’s Uganda (2017), with Dan Ngabirano and Timothy Kyepa.
Ali Abdelrahman Khalil holds the degrees LLB LLM (Khartoum) LLM (London, King’s College). He is an Assistant Professor and Head of the Department of International and Comparative Law at the Faculty of Law, University of Khartoum. He has an interest in broad areas of law ranging between transnational and comparative law, constitutionalism, human rights, the rule of law and Islamic legal studies. Ali is also an established practitioner with high-profile transnational practice. He has been a visiting fellow at the Lauterpacht Centre for International Law, University of Cambridge, at Max Planck Institute for Comparative and International Private Law in Hamburg and at Durham Law School.
Anne Nderi is an advocate of the High Court of Kenya. Anne has worked in the area of Governance and Democracy with a keen interest in Constitutional Law, policy legal reforms and institutional building. Anne has experience in Programme Management, policy development and legislative drafting, litigation and training. She has authored in the areas of natural resources governance, access to information, constitutionalism and devolution in Africa. Anne holds a certificate in Constitution Building from the Central European University in Budapest, a Certificate in African human rights systems in comparative perspective from the University of Pretoria, South Africa, and a certificate in mediation and arbitration from the Chartered Institute of Arbitrators.
Nhlanhla Ngwenya manages the OSISA Media Programme. He is the former director of MISA-Zimbabwe, an organisation he joined in January 2010 from the Media Monitoring Project Zimbabwe, where he was the founding Research and Monitoring Coordinator for 10 years. Mr Ngwenya holds a Master’s in International Development Management (Bradford, UK), a Master’s in Media and Communications Studies, a Graduate Diploma in Media and Communications Studies, and BA in Linguistics, all from the University of Zimbabwe. His articles on the media and freedom of expression in Zimbabwe have appeared in mainstream media and regional journals and he has presented papers on the subject matter locally and internationally.
Alan M Sears received a BA in Psychology from Baylor University, a JD from the University of Notre Dame, and an LLM from Leiden University. He has worked as a researcher with Article 19 Mexico and Central America and with Derechos Digitales in Chile, as a law clerk for Justice Madlanga of the Constitutional Court of South Africa, and as a Google Policy Fellow with Fundación para la Libertad de Prensa (FLIP) in Colombia, and as a researcher eLaw – Centre for Law and Digital Technologies at Leiden University in The Netherlands.
Ololade Shyllon LLB (Ibadan) LLM LLD (Pretoria) is advisor to the Democracy, Transparency and Digital Rights Unit (formerly the Freedom of Expression and Access to Information Unit) at the Centre for Human Rights, University of Pretoria, South Africa. She previously headed this Unit, and in this role provided technical legal support to the mandate of the Special Rapporteur on Freedom of Expression and Access to Information in Africa for over eight years. She participated in and managed the drafting process of the Model Law on Access to Information for Africa. More recently, her work has focused on the intersection of the three informationrelated rights of freedom of expression, access to information and privacy. The chapter in this book authored by her is based on her doctoral thesis, completed at the Centre for Human Rights, Faculty of Law, University of Pretoria.
Ugonna Ukaigwe is the National Coordinator for the Ghana Civil Society Organisation’s Platform on the Sustainable Development Goals (SDGs). She is a lawyer by profession and has worked for more than ten years in advocacy to promote the rights of citizens, particularly in their engagement and participation in governance processes. For five years, she coordinated the Ghana Right to Information Coalition (RTI Coalition) and presently works as an RTI consultant. As a human rights advocate, Ugonna has a strong interest in the linkages between human rights and sustainable development.