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Banjul Charter: 40th year celebration!

Manelisi Magoro

21 October marked 40 years since the adoption and ratification of the African Charter on Human and Peoples’ Rights 1981 – 2021 publication. The Centre for Human Rights (CHR) at UP collaborated with the Human Rights Institute of South Africa and the South African Human Rights Commission on a virtual event to celebrate this milestone.

The event highlighted the progress of Africa’s development as far as human rights are concerned. Judge Alapini Gansou, former Commissioner of the African Commission on Human and Peoples’ Rights, said that the charter “[...] defied odds that Africa wouldn’t be able to do anything”. Gansou further emphasised the importance of the youth in showing an interest in human rights issues because they are the future. In A Guide to the African Human Rights System, the Centre for Human Rights stated the following: “The adoption of the African Charter represents a drastic curtailment of the principle of noninterference in the domestic affairs, which was a pillar of the 1963 OAU Charter”.

The objectives of the charter are consistent with Agenda 2063: “The Africa we want of the African Union which intends on transforming Africa into a global powerhouse of the future by delivering on inclusive and sustainable development and by refocusing on the continent’s struggle against apartheid and attaining political development”. The adoption and implementation of the charter has changed the normative and institutional human rights landscape and it has laid a foundation for the development of soft-law standards and protocols. These serve as a guideline for states in the implementation and clarification of the rights of African people.

An example of the expansion of the charter is the Maputo Protocol that is inclusive of civil, political, economic, social, cultural and group rights, and it is the first international treaty that is inclusive of sexual and reproductive rights. A Guide to the African Human Rights System explains this as follows: “It also contains innovative provisions that advance women’s rights further than any existing legally binding international treaty. For example, the legal prohibition of female genital mutilation is prescribed as well as the authorisation of abortion in cases of sexual assault, rape, incest, and where the continued pregnancy endangers the mental and physical health of the mother or the life of the mother or the foetus”. Violence against women, child marriage, polygamy and harmful traditional practices are some of the issues addressed, as well as separate provisions for widows, older women and women with disabilities.

A press release by the Centre for Human Rights stated that the challenges encountered with the realisation of objectives include the “[...] lack of implementation of decisions and recommendations and a lack of coordination between the bodies of the African Union with a human-rights related mandate”. Key speakers further emphasised the importance of implementation and use of various accountability mechanisms and access to information in ensuring the fulfilment of the responsibilities and agenda of the charter.

Unlearn: perspectives on sex, masturbation, queerness and beyond

Amukelani Makamu

There is a lot of miseducation about sex, masturbation, queer communities and sexual issues in the student community. UP scholars that research these topics include Jennifer Kinnear on strengthening comprehensive sexuality education, KM Born on risky sexual behaviour, and David Ikpo, the Communications Officer at the Sexual Orientation Gender Identity and Expression Unit of the Centre for Human Rights in the Faculty of Law at UP. PDBY interviewed SpeakOUT UP on the topic. UP has also put an Anti-Discrimination Policy in place to address the ‘Queer Space Collective’ of which was discussed in this article.

Student community perspectives on sex and masturbation

SpeakOUT UP told PDBY that educating young people about sex, especially at a schooling level is usually seen as encouraging children to start having sex at a young age. SpeakOUT UP further explained that although that might be most of societies view, the reality is that children from as young as 10 are exposed to things of a sexual nature, from the media, tv shows, older children, and the community at large, “So it’s necessary to equip them with all the knowledge they need to practice safe sex and lay the foundation for them to have a healthy relationship with sex when they get older”, SpeakOUT UP further elaborated. In dealing with all things related to GBV, SpeakOutUP covers the topic of sex as well. They run campaigns to educate the youth about consent, setting healthy boundaries in relationships concerning sex, and overall how to practice safe and pleasurable sex beyond using protection. Additionally, because SpeakOUT UP is supported by the CSA&G, they have access to all the tools needed to inform and equip students on all things sex. #SpeakOutUP views masturbation as just another form of experiencing sexual pleasure. The negative stigma around masturbation has led people to believe that masturbation is only for people who are hypersexual and cannot control their urges. However, this is untrue. “Masturbation is simply another means to experience sexual pleasure. Viewed in that way the stigma will eventually lessen”, SpeakOUT UP said.

SpeakOutUP simply encourages that each person makes their own decision without coercion or being swayed by societal opinions against their own will. And should one decide to be sexually active at whatever point, that they practice safe sex, physically, mentally, and emotionally.

Reflections of the Anti-Discrimination Policy: Queer Space Collective

According to Robert Kertzner, a researcher in the Division of Gender, Sexuality, and Health, the reason the queer community is misunderstood in most of society is that most people in society do not understand the whole concept of ‘gender-identity’. PDBY spoke to Dr Rachelle Chadwick, a Sociology lecturer at UP, about gender roles and social positions in society. Dr Chadwick said, “I think gender is a construction and a structural relation that works to disempower certain persons and maintain unequal relations of power in societies. Normative gender roles are also closely likely linked to heteronormativity and discriminatory attitudes towards those that do not identify with the conventional gender binary”. Regarding if these gender identities are attached to one’s roles in society, she explained that this relates to the ‘sex-gender’ distinction that has been an important concept in feminism. Generally, sex has been understood as biological and gender as cultural/social. This distinction has been important as a way of arguing against the weaponisation of biological difference as a justification for inequalities between men and women (i.e., arguments that women are not suited for leadership roles, politics, or higher education because of their biology and reproductive capacities). So, it’s been an important distinction.

Dr Chadwick also said that, “For me, gender is not simply an ‘identity’ but an important social structure that organises everyday life, our intimate relationships, and all facets of our labour. As such, it is not just individuals that are ‘gendered’ but types of work (i.e., think about the feminisation of care-work and domestic labour) and entire spheres of life (i.e., public/private, family/corporate)”.

The Anti-Discrimination Policy at UP aims at addressing a lot of issues around discrimination, including those of the queer community. The UP-Queer Space Collective (QSC) includes persons, departments, and organisations at UP that aim at making the university environment more inclusive of the queer community through expression and creative writing. QSC engages in conversations about what discrimination means to the queer community at UP. This has helped contribute towards what the management of the university includes in the Anti-Discrimination Policy.

For more information on conversations of this nature, students and staff can contact SpeakOUT UP via their Instagram @speakout_up and/or Sarah Matseke from the university Transformation Office at sarah.matseke@up.ac.za

Amukelani Makamu

On 10 November, the University of Pretoria held an inauguration event for the 2022 SRC at the Future Africa Auditorium. Among UP persons such as the 2021 SRC, the Director of Student Affairs, Dr Madiba, Vice Chancellor Prof. Tawana Kupe, and the Chief Justice of the Constitutional Tribunal were in attendance. The 2022 SRC took their oaths during their inauguration with the assistance and lead of the Chief Justice.

During the inauguration, Prof. Kupe said the most important thing that the SRC should do is to retain the confidence of students, be fully aware of who they represent, and of what their role is. Following Prof. Kupe’s speech, Dr Madiba said, “being in the SRC should be a mark of academic excellence and representation”. She further explained that it is important that the SRC members do not lose themselves as well as their academic excellence during their term in office.

The outgoing SRC President, Lerato Ndlovu, reiterated to the SRC of 2022 that it is important that they uphold their oaths by selflessly serving students. Ndlovu further said that it is of great importance that the 2022 SRC looks at what they want to achieve and be intentional and purposeful in their mandate. “And to the students of the University of Pretoria, thank you for trusting us as your 2021 SRC”, she added. Ndlovu further expressed to everyone that she is happy that the student that will be filling her office is not just any student, but also her dearest friend. President elect of 2022, Thuto Mashila, shared the same sentiments. She said to Ndlovu, “not only have you been my friend, but you have been my mentor as well. You have inspired me so much, you have broken many barriers, and you have helped me overcome many fears. You have proved that basadi are capable.” Mashila added that she is looking forward to working with a proactive SRC in 2022.

Rikus Delport, Director of Institutional Advancement, said on behalf of UP that the university “welcomes the inauguration of the new SRC and wishes all members well in their new roles. As representatives of UP students, the SRC plays an important role in supporting students and assisting them as they strive for academic success.” He added that the SRC works closely with the management of the university in the interest of all students and that members are accountable to the general student community for their actions as student governors and must execute all such actions in accordance with commonly accepted principles of good governance. “The SRC needs to be accessible and prepared to go the extra mile to assist and support students and at the same time contribute towards building the University’s reputation”, Delport added.

The 2022 SRC:

SRC PRESIDENT: THUTO MASHILA

DEPUTY SRC PRESIDENT: STEFAN STEENKAMP

SRC SECRETARY: TARIK LALA

DEPUTY SRC PRESIDENT: FIKILE SIBANDA

SRC TREASURER: THANDO DLAMINI

FACILITIES, SAFETY & SECURITY: MASHUDU RAMASHIDZA

DAY STUDENT & EXTERNAL CAMPUS AFFAIRS: LAUREN THABETHE

MARKETING, MEDIA & COMMUNICATIONS: CHANTELLE ZHOU

POSTGRADUATE & INTERNATIONAL STUDENT AFFAIRS: NEVILLE MUPITA

STUDY FINANCE: NOBUHLE NYEMBE

SOCIETIES: SIBONGOKUHLE MAPHALALA

TRANSFORMATION & STUDENT SUCCESS: THOBILE MBHELE

News Bites

UP Master’s student overcomes a stroke to graduate

The Malawian-born Mitole, who holds a Bachelor of Social Science degree from the University of Cape Town and a Bachelor of Laws from the University of the Western Cape, enrolled in a Master of Law programme at UP in 2019. He had no idea that the path to graduation would be characterised by many trials. In the first months oh his Master’s, Mithole had lost a recently acquired laptop after a bus drove over the bag containing it. His next laptop crashed. Both devices contained unbacked-up class material. He lost his mother to cancer during the exam period and explained that he “contemplated dropping out”. COVID-19 also affected his business endeavours which financed his studies. Mitole later suffered a Lacunar stroke on 26 May. After a week of hospitalisation, Mitole was discharged to a rehabilitation centre. It was in this rehab facility that he wrote his Master’s thesis to completion and met the graduation requirements.

UP professor of law on children’s rights in the digital environment

Prof. Ann Skelton, UNESCO Chair: Education Law in Africa, and UP law professor, recently dealt with a case at a school where a boy had asked a girl to send sexually explicit images of herself to him via her smartphone. They were both under the age of 18. The minor girl had done so – and unknowingly according to the law, created and distributed pornography - whilst the boy had solicited child pornography. These laws are designed to catch adult perpetrators. However, children are engaging in illegal behaviour in the digital environment, and are finding themselves entangled in a web of tough laws.

Respublica Eastwood Village offers vaccination for its students at the comfort of their res

Respublica Eastwood Village has offered residents vaccinations. Nurses went to Respublica Eastwood Village to administer vaccinations. Students also had the opportunity to ask questions they had regarding the vaccine. Many students got their first jab of the Pfizer vaccine and the nurses made sure that all the students were comfortable and had the best experience. On 25 October, the nurses came back to administer the second jab. Many students who were skeptical the first time got the opportunity to get their first jab.