Human Rights Law LLB

Assignment

Question 1.

Apalato is a country within East Africa. It has a population of around 4 million people. In February 2023 the country had elections and new regime, under President Buckley, was sworn in for a five-year term. Since coming into office, the Buckley Government has steadily increased taxes under her new project called "Affordable Housing". In June 2023, the Apalato National Assembly passed the Affordable Housing Bill. Subsequently, the president signed it into law. Under the new housing project, the president intends to have the "State construct 200,000 units per year for low-income earners". Matoke is an active citizen who leads an NGO called Active Citizen Awareness ('ACA'). Among the recent activities of ACA is to engage citizens on how to hold government accountable. In December 2023 ACA conducted several town-hall events to discuss the Affordable Housing Act and the challenges associated with the new legislation. During one of these events, which was recorded and published online, Matoke expressed the following sentiments: Buckley is a very stupid president. How can her administration think that it will achieve its ambitious plan without involving us, the citizens? Are we not the owners of this great country? Clearly, President Buckley is an idiot!' The following day, the video circulated online with over 1 million views within 24 hours. As a result of this video, it was reported that Matoke was arrested and charged with publishing false information under the 2017 Digital Control & Enforcement Act. Apalato has similar laws to the ones in Kenya. a)Your Law Office has been appointed to represent Mr. Matoke. After the first meeting, your Supervising Attorney requests you to file an Application in the High Court to challenge the intended prosecution. While drawing on the law, canvass your Heads of Arguments. (10 marks) b)You are a Senior State Counsel in the DPP's office. The Heads in (a) above have been forwarded to you. Prepare your considered legal response. (10 marks). c)As the Judge handling this Application, the documentation above constitutes the written submissions, which the parties have filed. After hearing oral submissions from both counsels, you are now required to craft your Judgement. Outline the same for delivery on 8th November 2024. (10 marks)

Question 2

Protect Katiba is an local human rights agency based in Lodwar. In 2023 it partnered with the East African Law Society with the aim of "delivering justice to all individuals within the region". According to the Memorandum of Understanding, which the parties signed, this programme involves engaging with Governments and human rights defenders to "improve the living conditions of incarcerated persons within the community". In particular, the parties would like to focus on inter-sex persons, since they have for a long time been ignored by States.

(a) You have been appointed the Programme Manager for this initiative. One of your first assignments is to prepare a brief for submission to parliament on three initiatives that Kenya should take in order to safeguard the rights of these individuals. (10 marks)

(b) As an expert in prisoners rights, you have been hired to critically review the above brief. Attend to the task. (10 marks)

Question 3

Leba is a minority community in Liberia Republic. Leba men have, as part of their culture, practiced polygamy for many years. Most men have an average of 3 wives. Polygamy has been regarded as an important part of cultural life in Leban community. Together with polygamy, is the practice of dowry payment, which is a pre-requisite for any form of marriage to be recognized.

Following pressure from local and international human rights groups, the Government of Liberia Republic enacted the Prohibition and Punishment of Polygamy Marriages Law ('PPML') in January 2024. Payment of dowry is prohibited under the terms of the new legal framework. According to the mover of the law, this practise encouraged the "dealing with women as disposable chattels in marriage". The overall basis for the ban on polygamy and payment of dowry was that they led to violation of women's rights, contrary to universal human rights standards that are contained in various regional and international treaties.

Majority of members of the Leba community, both men and the women, have vehemently protested this move by their government. According to a local womens'-rights organization, Equality for All:

Why is the Government imposing foreign ideas, which are incompatible with our culture? Our culture is supreme. It should not be viewed to be inconsistent with human rights ideals. After all, it has served well since time immemorial. All kinds of strange marriage relationships are now on the rise in the West. If Prime Minister Mamba fails to take urgent steps to remove this stupid legislation, we will take our own steps.

a) You are a legal consultant for the Ministry of Culture and Religion. The Minister has tasked you with the responsibility of preparing a legal opinion that assesses the position of both the Leba Community and Government, specifically within the context of culture and human rights. (10 Marks)

b) Liberia Republic is a majority religious nation, except for the Leba community that mostly practices its traditional religionLebama. You are a human rights expert. The Chief of Leba has hired you to give the community legal advise on the PPML. Your instruction is to respond "robustly" to the consultant's opinion in (a) above. Attend to the task. (10 Marks)