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South Africa achieved notoriety for its apartheid policies and practices both in the country and in Namibia. Today Israel stands accused of applying apartheid in the Palestinian territories it has occupied since 1967. Confronting Apartheid examines the regimes of these three societies from the perspective of the author’s experiences as a human rights lawyer in South Africa and Namibia and as a UN human rights envoy in occupied Palestine.
Most personal histories of apartheid in Southern Africa tell the story of the armed struggle. This book is about opposition to apartheid within the law and through the law. The successes and failures of civil society and lawyers in this endeavour are described in the context of the discriminatory and oppressive regime of apartheid. The author’s own experiences in Namibia and South Africa serve to illustrate the injustices of the regime and the avenues left to lawyers to advance human rights within the law. The end of apartheid and the transition to democracy are also described through the experiences of the author.
The book concludes with an account of Israel’s occupation of the Palestinian territories of East Jerusalem, Gaza and the West Bank and the author’s work as human rights investigator and reporter for the United Nations. This involves the examination of issues such as the construction of Jewish settlements, the demolition of Palestinian homes, the restrictions on freedom of movement and the attacks on the life and liberty of Palestinians which the author argues constitute an oppressive regime falling within the definition of apartheid under international law. A separate chapter is devoted to the situation in Gaza which was closely monitored by the author for nearly a decade. Namibia, South Africa and Palestine are dealt with separately with introductions designed to ensure that the reader is provided with the necessary historical, political and legal background material.
The presidential campaign in the USA grabbed the global imagination. It also grabbed the feminist imagination, presenting the hope that if a woman could become the president of the USA, women throughout the world would finally break through the reinforced glass ceiling. However, when it didn’t happen, the lost opportunity became the metaphorical kick in the feminist gut on a global scale. Through the subsequent misogyny, vulgarity, lewd comments, the pussy grabbing video, and the threats of the erosion of feminist activism in the trenches, worldwide a deep mourning arose from the feminist community. It was the name calling of “nasty women” that really smarted. Initial feelings of anger gave rise to empowerment of women — those who talk back to patriarchy — to embrace the label of “nasty women”.
The idea for the collection was born, cradled and nurtured between friends who wanted to create a space for writing and thinking about the marches. The group of feminists who contributed to this collection used the marches and the posters inspired by the marches as a vehicle which galvanised women into action to put pen to paper and show fervour for ongoing feminist activism.
The nexus of this beautifully written and evocatively illustrated collection is telling narratives that link very personal stories with deeply political issues. These are the stories told by nasty women who are making the personal political, who are seeking to live their lives in ways that resist and challenge patriarchy. Through their very intimate nature these are stories that speak to the creation of a different kind of social order, one based on equity, the promotion of human rights and social justice.
A vivid story of the men and women who took a stand when sport mixed with politics.
In 1971, when the racially selected all-white Springbok rugby team toured Australia, it became a nation at war with itself. There was bloodshed as tens of thousands of anti-apartheid campaigners clashed with governments, police, and rugby fans - who were given free reign to assault protestors. Queensland premier Joh Bjelke-Petersen declared a state of emergency. Prime minister William McMahon called the Wallabies who refused to play 'national disgraces'. Barbed wire ringed the great rugby grounds to stop protestors invading the field.
Pitched Battle recreates what became of the most rancorous periods in modern Australian history - a time of courage, pain, faith, fanaticism, and political opportunism - which ultimately made heroes of the seven Wallabies who refused to play, played a key role in the later political careers of Peter Beattie, Meredith Burgmann, and Peter Hain, and ultimately led to the abandonment of apartheid.
This stirring collection of essays and talks by activist and former judge Albie Sachs is the culmination of more than 25 years of thought about constitution-making and non-racialism. Following the Constitutional Court's landmark Nkandla ruling in March 2016, it serves as a powerful reminder of the tenets of the Constitution, the rule of law and the continuous struggle to uphold democratic rights and freedoms. We, The People offers an intimate insider's view of South Africa's Constitution by a writer who has been deeply entrenched in its historical journey from the depths of apartheid right up to the politically contested present.
As a second-year law student at the University of Cape Town, Sachs took part in the Defiance Campaign and went on to attend the Congress of the People in Kliptown, where the Freedom Charter was adopted in 1955. Three decades later, shortly after the bomb attack in Maputo that cost him his arm and the sight in one eye, he was called on by the Constitutional Committee of the African National Congress to co-draft (with Kader Asmal) the first outline of a Bill of Rights for a new democratic South Africa. In 1994, he was appointed by Nelson Mandela to the Constitutional Court, where he served as a judge until 2009. We, The People contains some of Sachs' most memorable public talks and writings, in which he takes us back to the broad-based popular foundations of the Constitution in the Freedom Charter. He picks up on Oliver Tambo's original vision of a non-racial future for South Africa, rather than one based on institutionalised power-sharing between the races. He explores the tension between perfectability and corruptibility, hope and mistrust, which lies at the centre of all constitutions.
Sachs discusses the enforcement of social and economic rights, and contemplates the building of the Constitutional Court in the heart of the Old Fort Prison as a mechanism for reconciling the past and the future. Subjective experience and objective analysis interact powerfully in a personalised narrative that reasserts the value of constitutionality not just for South Africans, but for people striving to advance human dignity, equality and freedom across the world today.
Healthcare delivery in the 21st century has become increasingly complex and demanding . Clinical consultations frequently raise scientific, ethical and legal challenges. While scientific issues may be resolved using an evidence-based medicine (EBM) approach, ethical theory is needed to justify decision making in the face of ethical conflict. Medical ethics, law and human rights: a South African perspective provides the conceptual background and analytic skills necessary to assist with the resolution of ethical dilemmas encountered in the South African healthcare environment. Medical ethics, law and human rights: a South African perspective uses case studies to help the healthcare team to identify and analyse ethical, moral and value concepts, and to apply these to scenarios that they may encounter on a daily basis. Part 1 explores theories and principles of ethics (including African philosophy), introduces medical law, discusses health and human rights, and also makes the transition from theory to practice. Part 2 looks at specific topics in healthcare that raise challenges from an ethics perspective - HIV/AIDS, use of social media, euthanasia, human reproduction, genetics and genomics. In view of the increasing emphasis on ethical considerations in healthcare from the Health Professions Council of South Africa (HPCSA), coupled with the rising incidence of litigation in healthcare, Medical ethics, law and human rights: a South African perspective is essential reading for health science, law and philosophy students as well as practising healthcare professionals.
A Manifesto For Social Change is the third of a three-volume series that started seven years ago investigating the causes of our country’s – and the continent’s – development obstacles.
Architects of Poverty: Why African Capitalism Needs Changing (2009) set out to explain what role African elites played in creating and promoting their fellow Africans’ misery. Advocates for Change: How to Overcome Africa’s Challenges (2011) set out to show that there were short-term to medium-term solutions to many of Africa’s and South Africa’s problems, from agriculture to healthcare, if only the powers that be would take note. And now, more than 20 years after the advent of democracy, we have A Manifesto For Social Change: How To Save South Africa, the conclusion in the ‘trilogy’.
This book started its life as Gridlocked, but through the process of research undertaken by Moeletsi and Nobantu it has evolved into a different project, a manifesto that identifies some of South Africa’s key problems and what is required to change the country’s downward trajectory.
George Bizos is one of a distinguished group of human rights lawyers who in the dark days of apartheid sought to uncover the state's role in eliminating its opponents.
Some, like Biko, Timol and Aggett, were arrested and died in detention, while others, like Matthew Goniwe, were abducted and killed. As counsel for the families of the deceased, George Bizos was centrally involved in many of the inquests following these high-profile deaths.
He is thus well placed to tell the story of the great courtroom dramas in which, with devastating skill, he and his colleagues pared away the tissue of lies protecting the security forces and the state functionaries—only to be rewarded with the invariable finding that there was 'no one to blame'.
What can one person do?
At a time of division and upheaval, Samantha Power offers an urgent response to this question – and calls for a clearer eye, a kinder heart, and a more open and civil hand in our politics and daily lives.
The Education of an Idealist combines gripping storytelling, vivid character portraits and deep political insight, tracing Power’s journey from Irish immigrant to war correspondent and presidential Cabinet official. In 2005, her critiques of US foreign policy caught the eye of newly elected Senator Barack Obama, who invited her to work with him on Capitol Hill and then on his presidential campaign. After Obama was elected president, Power went from being an activist outsider to a government insider, navigating the halls of power while trying to put her ideals into practice. She served for four years as Obama’s human rights adviser, and in 2013 took one of the world’s most powerful diplomatic positions, becoming the youngest ever US Ambassador to the United Nations.
A Pulitzer Prize-winning writer, Power transports us from her early years in Dublin to the streets of war-torn Bosnia into the White House Situation Room and the arena of high-stakes diplomacy. The Education of an Idealist lays bare the searing battles and defining moments of her life and shows how she juggled the demands of a 24/7 national security job with the challenge of raising two young children. Along the way, she illuminates the intricacies of politics and geopolitics, and reminds that in the face of great challenges there is always something each of us can do to advance the cause of human dignity. Honest, inspiring and evocatively written, Power’s memoir is an unforgettable account of the world-changing power of idealism – and of one person’s fierce determination to make a difference.
Across the world, 2 billion people experience menstruation, yet menstruation is seen as a mark of shame. We are told not to discuss it in public, that tampons and sanitary pads should be hidden away, the blood rendered invisible. In many parts of the world, poverty, culture and religion collide causing the taboo around menstruation to have grave consequences. Younger people who menstruate are deterred from going to school, adults from work, infections are left untreated. The shame is universal and the silence a global rule. In It's Only Blood Anna Dahlqvist tells the shocking but always moving stories of why and how people from Sweden to Bangladesh, from the United States to Uganda, are fighting back against the shame.
The killing of thirty-four miners by police at Marikana in August 2012 was the largest massacre of civilians in South Africa since Sharpeville. The events have been covered in newspaper articles, on TV news and in a commission of inquiry, but there is still confusion about what happened on that fateful day.
In Murder At Small Koppie, renowned photojournalist Greg Marinovich explores the truth behind the Marikana massacre. He investigates the shootings near Wonderkop hill, which happened in view of the media, as well as the killings that happened beyond the view of cameras at a nondescript collection of boulders known as Small Koppie, some 300 metres away. Many of the men killed here were shot in cold blood at close range. Drawing on his own meticulous research, eyewitness accounts and the findings of the Marikana Commission of Inquiry, Marinovich accurately reconstructs that fateful day as well as the events leading up to the strike, and looks at the subsequent denials, obfuscation and buck-passing by Lonmin, the SAPS and the government.
This is the definitive account of the Marikana massacre from the journalist whose award-winning investigation into the tragedy has been called the most important piece of South African journalism since apartheid.
The riveting memoirs of the outstanding moral and political leader of our time, A LONG WALK TO FREEDOM brilliantly re-creates the drama of the experiences that helped shape Nelson Mandela's destiny. Emotive, compelling and uplifting, A LONG WALK TO FREEDOM is the exhilarating story of an epic life; a story of hardship, resilience and ultimate triumph told with the clarity and eloquence of a born leader.
Nelson Mandela is one of the great moral and political leaders of our time: an international hero whose lifelong dedication to the fight against racial oppression in South Africa won him the Nobel Peace Prize and the presidency of his country.
Since his triumphant release in 1990 from more than a quarter-century of imprisonment, Mandela has been at the center of the most compelling and inspiring political drama in the world. As president of the African National Congress and head of South Africa's antiapartheid movement, he was instrumental in moving the nation toward multiracial government and majority rule. He is revered everywhere as a vital force in the fight for human rights and racial equality.
Long Walk To Freedom is his moving autobiography, in which he tells the extraordinary story of his life - an epic of struggle, setback, renewed hope, and ultimate triumph!
The Struggle Continues is a “searing, heartfelt, brutally honest account of the turbulent modern history of Zimbabwe” (Douglas Rogers author of The Last Resort).
This autobiographical political history since the 1950s deals with an era of great turbulence from the perspective a person who has been at the centre of the great Zimbabwean drama for over 30 years, David Coltart.
It is set to be the most authoritative book to date of the last sixty years of Zimbabwe’s history, described by the doyenne of Southern African journalists, Peta Thornycroft, as “a masterpiece”: from the obstinate racism of Ian Smith that provoked Rhodesia’s Unilateral Declaration of Independence from Britain in 1965, to the civil war of the 1970s, the Gukurahundi genocide of the 1980s, the land invasions of the 2000s, Robert Mugabe’s Murambatsvina war on poor urban dwellers in 2005, and the struggles waged by the MDC in confronting a brutal regime.
In his memoir, Jaki Seroke shares the joys and the sorrows of his life, starting with his childhood in Alex, where he is born as ‘a poor mother’s son’. He recalls the political battles among the various Africanist groupings, his incarceration on the Island and his later work at Skotaville Press, as publisher and poet.
After 1994, having decided that parliamentary politics were not for him, he joined the corporate sector and committed to a new kind of struggle.
When Chris Hani, leader of the South African Communist Party and heir apparent to Nelson Mandela, was brutally slain in his driveway in April 1993, he left a shocked and grieving South Africa on the precipice of civil war. But to 12-year-old Lindiwe, it was the love of her life, her daddy, who had been shockingly ripped from her life. In this intimate and brutally honest memoir, 36-year-old Lindiwe remembers the years she shared with her loving father, and the toll that his untimely death took on the Hani family. She lays family skeletons bare and brings to the fore her own downward spiral into cocaine and alcohol addiction, a desperate attempt to avoid the pain of his brutal parting.
While the nation continued to revere and honour her father’s legacy, for Lindiwe, being Chris Hani’s daughter became an increasingly heavy burden to bear.
"For as long as I can remember, I’d grown up feeling that I was the daughter of Chris Hani and that I was useless. My father was such a huge figure, such an icon to so many people, it felt like I could never be anything close to what he achieved – so why even try? Of course my addiction to booze and cocaine just made me feel my worthlessness even more".
In a stunning turnaround, she faces her demons, not just those that haunted her through her addiction, but, with the courage that comes with sobriety, she comes face to face with her father’s two killers – Janus Walus, still incarcerated, and Clive Derby Lewis, released in 2015 on medical parole. In a breathtaking twist of humanity, while searching for the truth behind her father’s assassination, Lindiwe Hani ultimately makes peace with herself and honours her father’s gigantic spirit.
Six years in the making, The Pink Line follows protagonists from nine countries all over the globe to tell the story of how “LGBT Rights” became one of the world's new human rights frontiers in the second decade of the 21st Century.
From refugees in South Africa to activists in Egypt, transgender women in Russia and transitioning teens in the American MidWest, The Pink Line folds intimate and deeply affecting stories of individuals, families and communities into a definitive account of how the world has changed, so dramatically, in just a decade. And in doing so he reveals a troubling new equation that has come in to play: while same-sex marriage and gender transition are now celebrated in some parts of the world, laws to criminalise homosexuality and gender non-conformity have been strengthened in others.
In a work of great scope and wonderful storytelling, this is the groundbreaking, definitive account of how issues of sexuality and gender identity divide and unite the world today.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. David P. Forsythe presents a compelling introduction to international human rights in a political context. He stresses the difficulties of interjecting human rights into foreign policy and international politics, while recognising the considerable progress that has been made over time. Focusing on international organizations, states, corporations, and private advocacy groups, Forsythe addresses key themes including war, migration, climate change, and slavery. Key features include: a multidisciplinary approach that draws on findings in political science, law, diplomacy, history, and economics discussion of a broad range of both traditional and contemporary topics from the United Nations to the internet and pandemics an assessment of the progress made in promoting human rights and humanitarian ideas, and how these ideas translate into tangible improvements for human dignity. Adopting a politically realistic and historically informed perspective, this Advanced Introduction will be a valuable resource for students of human rights, international relations, and political science.
Based on the author's first-hand experience as a UN Special Rapporteur, this thought-provoking and original book examines the values of Eastern civilisations and their contribution to the development of the UN Human Rights agenda. Offering an authoritative analysis of Hindu and Buddhist traditions, Surya P. Subedi, QC, focuses on the norms underpinning these two seminal Eastern philosophies to assess the extent to which the ancient civilisations already have human rights values embedded in them. Chapters explore the expression of values in the scriptures and practices of these philosophies, assessing their influence on the contemporary understanding of human rights. Rejecting the argument based on ''Asian Values'' that is often used to undermine the universality of human rights, the book argues that secularism, personal liberty and universalism are at the heart of both Hindu and Buddhist traditions. The unique perspective offered by Human Rights in Eastern Civilisations will appeal to students, academics and researchers in a wide range of disciplines, including human rights, international law and relations, and religious studies.
Utilizing the ethos of human rights, this insightful book captures the development of the moral imagination of these rights through history, culture, politics, and society. Moving beyond the focus on legal protections, it draws attention to the foundation and understanding of rights from theoretical, philosophical, political, psychological, and spiritual perspectives. The book surveys the changing ethos of human rights in the modern world and traces its recent histories and process of change, delineating the ethical, moral, and intellectual shifts in the field. Chapters incorporate and contribute to the debates around the ethics of care, considering some of the more challenging philosophical and practical questions. It highlights how human rights thinkers have sought to translate the ideals that are embodied in the Universal Declaration of Human Rights into action and practice. Interdisciplinary in nature, this book will be critical reading for scholars and students of human rights, international relations, and philosophy. Its focus on potential answers, approaches, and practices to further the cause of human rights will also be useful for activists, NGOs, and policy makers in these fields.
This timely and insightful book brings together scholars from a range of disciplines to evaluate the role of human rights in tackling the global challenges of poverty and economic inequality. Reflecting on the concrete experiences of particular countries in tackling poverty, it appraises the international success of human rights-based approaches. Drawing on insights from philosophy, history, economics and politics, contributors consider a range of questions concerning the nature of human rights and their possible relationship to poverty, inequality and development. Chapters interrogate human rights-based approaches and question whether the normative human rights framework provides a sound foundation for addressing global poverty and equitable distribution of resources. Probing practical questions concerning the extent to which international human rights institutions have been effective in combating poverty, this thought-provoking book considers possible strategies in response to the challenges that lie ahead. Offering robust and provocative guidelines for the future of human rights and development, this unique book will be indispensable for academics and researchers investigating the intersection of human rights and poverty, particularly those interested in human rights-based approaches to tackling inequality. Its practical insights will also benefit policy makers in need of novel methodologies for promoting equality.
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This thought-provoking introduction provides an incisive overview of dignity law, a field of law emerging in every region of the globe that touches all significant aspects of the human experience. Through an examination of the burgeoning case law in this area, James R. May and Erin Daly reveal a strong overlapping consensus surrounding the meaning of human dignity as a legal right and a fundamental value of nations large and small, and how this global jurisprudence is redefining the relationship between individuals and the state. Key features include: Analyses of cases from a range of jurisdictions all over the world A history of the shift of the concept of dignity from a philosophical idea to a legally enforceable right Discussion of dignity as a value and a right in different major legal contexts, and its roots in African, Asian, European and Islamic traditions. This Advanced Introduction will be invaluable to scholars and students of law, particularly those interested in human rights, looking to understand this emerging area of law. It will inform lawyers, judges, policymakers and other advocates interested in how dignity and the law can be used to protect everyone, including the most vulnerable among us.
Languages of Truth offers Salman Rushdie's most piercingly analytical views yet on the evolution of literature and culture even as he takes us deep into his own exuberant and fearless imagination Salman Rushdie is celebrated as a storyteller of the highest order, illuminating deep truths about our society and culture through his gorgeous, often searing, prose. Now, in his latest collection of nonfiction, he brings together insightful and inspiring essays, criticism, and speeches that focus on his relationship with the written word, and solidify his place as one of the most original thinkers of our time. Gathering pieces written between 2003 and 2020, Languages of Truth chronicles Rushdie's own intellectual engagement with a period of momentous cultural shifts. Immersing the reader in a wide variety of subjects, he delves into the nature of storytelling as a deeply human need, and what emerges is, in myriad ways, a love letter to literature itself. Rushdie explores what the work of authors from Shakespeare and Cervantes to Samuel Beckett, Eudora Welty, and Toni Morrison mean to him, often by telling vivid, sometimes humorous stories of his own personal encounters with them, whether on the page or in person. He delves deeper than ever before into the nature of "truth," revels in the vibrant malleability of language, and the creative lines that can join art and life, and he looks anew at migration, multiculturalism and censorship. The ideas, true stories, and arguments presented here are at once revelatory, funny, and eye-opening, enlivened on every page by Rushdie's signature wit and dazzling voice, making this volume a genuine pleasure to read.
This innovative book provides an overview and critical assessment of the current avenues and remedies available to victims seeking recourse from private military and security companies (PMSCs) for human rights violations. Kuzi Charamba explores the challenges of regulating PMSCs and the significant jurisprudential and practical difficulties that victims face in attaining recourse from PMSCs, whether through state or non-state, judicial or non-judicial mechanisms. In response to these problems, Charamba proposes the introduction of a new victim-focused grievance structure, based on international arbitration. He argues that this will provide for a more robust, inclusive, and participatory governance system to support the effective operation of a globally administered and locally accessible remedial mechanism. Taking a forward-thinking approach, the book also analyses law making and regulation by non-state actors in a globalized world and offers policy and legislative proposals for the reform of the national security sector. Hired Guns and Human Rights will be a valuable resource for students, scholars, and practitioners of international legal theory, international human rights law, global governance, business and human rights, and international dispute resolution. Its focus on both state and non-state responses to human rights grievances against corporations around the world will also benefit policy-makers and international NGOs.
This comprehensive Commentary presents a contemporary legal perspective on the inherently interdisciplinary field of children's rights. Chapters analyse each article of the Convention on the Rights of the Child, along with its Optional Protocols, providing contextualised information on the interpretation and implementation of the children's rights provisions therein. A detailed introduction examines the history of the Convention and places it within the wider landscape of human rights and other disciplinary approaches such as the sociology of childhood. The Commentary critically engages with the text of the Convention, exploring commonly used concepts and defining pertinent terminology. The authors draw on multiple perspectives and refer to disciplines outside of law to enrich the analysis of the articles, their interpretation and the study of children's rights as a discipline. Featuring examples of case law from regional human rights systems this Commentary provides a well-rounded insight into the status of children's rights on a global scale. Written in an accessible style, this Commentary will be a valuable reference work for students, researchers, practitioners and policymakers alike. The Commentary will be of great interest to those working within children's rights law and human rights law. Researchers in politics, sociology and international studies who are seeking further information and insight on the rights of children will also find this Commentary to be a useful point of reference.
This timely book explores the extent to which national security has affected the intersection between human rights and the exercise of state power. It examines how liberal democracies, long viewed as the proponents and protectors of human rights, have transformed their use of human rights on the global stage, externalizing their own internal agendas. Contextualizing human rights goals, structures and challenges in the immediate post-UDHR era, key chapters analyse the role that national security has played in driving competition between individual rights and rhetoric-laden, democracy-reinforcing approaches to collective rights of security. Internationally diverse authors offer evocative insights into the ways in which law is used to manipulate both intra and interstate relationships, and demonstrate the constant tensions raised by a human rights system that is fundamentally state-centric though defined by individuals' needs and demands. Acknowledging the challenges in contemporary human rights practice, policy and discourse as features of transitional eras in human rights, this forward-thinking book identifies opportunities to correct past inadequacies and promote a stronger system for the future. This is a hard-hitting and much needed study for students and scholars of human rights, security law, constitutional law and international relations more widely. Its practical dimensions will also greatly benefit practitioners in the field.
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