Humanities and the Arts

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Luganda and the Strict Layer Hypothesis
(Phonology, 1987) Hyman, Larry M.; Katamba, Francis; Walusimbi, Livingstone
The ability of a language's syntax to determine the application vs. non-application of postlexical phonological rules has by now been firmly established in a number of languages. Such rules, which apply above the word level, have come especially from the prosodic aspects of phonological structure, e.g. effects of syllabification, stress-accent, duration and tone. Much of the interest in this syntax-phonology interaction has centred around two general questions: (i) which specific properties of the syntax are available to affect the application of phonological rules?; (ii) how should these syntactic properties be incorporated into the phonology?
The Revival Movement In Uganda: An Evaluation
(African Journal of Evangelical Theology, 1993) Ndyabahika, James
Answering critics of the East Africa Revival the author retells the story of this powerful awakening and examines the theology proclaimed by the Revival Movement in Uganda. He examines the teaching of the movement on Christ, conversion, the Spirit and the Word. He concludes that "critics need to be reminded that the revival movement is the work of God. Since Pentecost, God has been using revivals in spreading Christian renewal throughout the world. In this regard, the Revival Movement is not outmoded in our generation. "
Limits to Democracy and Emancipatory Politics in South Africa post-1994
(Inequality, Democracy Development, 1994) Ossome, Lyn
Who is the subject of democracy? For whom does it hold out promise, and how does the existential condition of those who aspire for freedom through democracy impose conditions upon the very practice of democracy? In this paper I show how racialized, classed, autochthonized and gendered people in South Africa are gradually being condemned towards a ‘slow death’, and towards an existence more akin to the ‘living dead’. As the people’s possibilities of freedom become more and more defined by and restricted to place, inward-looking logics – anti-immigration legislation and xenophobia– deepen the notion of South Africa’s exceptionalism and, increasingly, the people seek a reactionary validation from within the ethnic group, nation and race. Such de-radicalization of a politics of being is more profoundly expressed as the reality of abject existence becomes apparent and the people no longer find validation or affirmation of their humanity in and of itself. Reduced to their ‘entitlements’ rather than their rights, the people are faced with the stark realization that the government has long abandoned them, and the race/nation/gender/class to which allegiance once meant a politics of resistance, now merely function as institutionalized identities, depoliticized by their (neo)liberal application under the constitution. As social identities becomes a liability, so too do any politics that suggest a common existence and a politics of struggle based on shared suffering. This atomization of individuals and their alienation from the structural roots of their oppression suggests the impossibility of claiming justice from a state that has long disarticulated its interests from those presented by the people, and now merely functions as a guarantor of society’s slow death.
The Outsider Looks In: Constructing Knowledge About American Collegiate Racism
(Qualitative sociology, 1996) Tamale, Sylvia
This study tackles one of the most complex and intriguing issues in contemporary society, namely, the phenomenon of racism. Instead of examining the structural dimensions of racism, it focuses on the interpersonal “everyday racism” that occurs among students. Using the University of Minnesota as a case study, the study employs qualitative research methods to offer new perspectives on everyday racism as perceived through the eyes of a Black foreign female student. Popular portrayals of the midwestern United States present a relatively liberal milieu where racism only subtly affects social relations, and where there is “zero tolerance” for the politics of exclusion. However, the findings of this study illustrate that everyday racism is alive and well in the collegiate environment. Epistemological issues are elaborated, arguing for the position of an interpretive and reflexive rather than a positivist approach to social research.
‘Point of Order, Mr Speaker’: African Women Claiming their Space in Parliament
(Gender & Development, 2000) Tamale, Sylvia
At the close of the millennium, there is a wave of invigorating air sweeping across the African continent. The refreshing breeze can be felt in the form of women smashing the gendered 'glass ceiling' in a bid to overcome the cultural and structural barriers that impede their political careers. In this short article, I examine the relationship of African women to parliament. In the first section, I look at women's involvement in politics in pre-colonial Africa, and then examine the barriers to women's political activity thrown up by colonialism. This history explains much about women's absence from contemporary African national assemblies. I then focus on one state - Uganda - looking closely at the policy of affirmative action there, and the reality of male bias, prejudice, and sexual harassment that women MPs confront when they manage to enter parliament.
Think globally, act locally: using international treaties for women's empowerment in East Africa
(Agenda, 2001) Tamale, Sylvia
Women activists in Africa need to develop innovative ways to use international treaties and instruments in a way that strengthens domestic guarantees of equality for women in their countries writes SYLVIA TAMALE. She looks at the ways in which two such instruments, CEDAW and the Banjul Charter, have been used to advance women's empowerment
The domestic protection and promotion of human rights under the 1995 Ugandan Constitution
(Netherlands Quarterly of Human Rights, 2002) Ssenyonjo, Manisuli
This article examines the domestic constitutional framework for protection and promotion of human rights in Uganda. It considers the historical evolution of Uganda's Bill of Rights in the context of Uganda's history, which has been characterised by gross human rights violations. It observes that in 1986 Museveni under his ‘Movement’ or ‘no-party’ government declared a period of ‘fundamental change’, but argues that despite some positive aspects, the change as related to the protection and promotion of human rights has been far from being ‘fundamental’. It contends that, although the 1995 Ugandan Constitution attempts to protect human rights, the constitutional restrictions on civil and political rights and the relegation of most economic and social rights as ‘directive principles' coupled with elastic executive powers together with the ‘no-party’ political system undermine the effective protection and promotion of civil, political as well as economic, social and cultural rights. The article concludes by calling for a democratic constitutional reform representative of all interest groups, judicial activism on the part of the Ugandan Judiciary and Human Rights Commission and developing a culture of constitutionalism in Uganda to give effect to the indivisible and interdependent nature of all human rights in accordance with Uganda's international human rights obligations as a State party to the two international human rights covenants on civil and political as well as economic, social and cultural rights.
Reading the Right to Food into the African Charter on Human and Peoples’ Rights
(Economic and Social Rights in South Africa, 2004) Mbazira, Christopher
Reading the right to food into the African Charter on Human and Peoples' Rights Christopher Mbazira The African Charter on Human and Peoples' Rights (the Charter) of 1981 is the principal regional instrument protecting human and peoples' rights in Africa. It incorporates a wide range of socio-economic rights, including the rights to property, to work under favourable conditions and equal pay for equal work, to health, to education, family rights and the right to self-determination. However, the Charter does not expressly recognise the right to food.
Gender Trauma in Africa: Enhancing Women's Links to Resources
(Journal of African Law, 2004) Tamale, Sylvia
The article considers the impact of the public/private divide on the lives of African women. It discusses how the “protection” of the private from legal and other scrutiny helps to conceal the burden of caring for family which is borne almost exclusively by women. Moreover, the devaluation and non-recognition of women's labour in “private” family enterprises is reinforced by the inequitable division and enjoyment of property, not least land. Indeed, often women's access to resources is, like their access to political fora, severely curtailed, thus calling into question the notion that women are full citizens. The paper calls for a transformation of gender relations on the continent. It argues that there needs to be a reconceptualization of African citizenship to embrace women's experiences and that this can only be done by addressing the socio-structural inequalities which hamper women's participation in society.
The New Partnership for Africa's Development: implications for the realisation of socio-economic rights in Africa
(Economic and Social Rights in South Africa, 2004) Mbazira, Christopher
The New Partnership for Africa's Development : Implications for the realisation of socio-economic rights in Africa Christopher Mbazira The realisation of socio-economic rights in Africa remains a distant goal. The majority of Africans live in poverty. Chronic hunger, malnutrition, HIV/Aids, ignorance and illiteracy continue to plague the continent. Military dictatorships, poor leadership, corruption, political conflicts, globalisation and structural adjustment programmes (SAPs) have all contributed to this situation. The debt burden exceeds manageable levels. States have increasingly withdrawn from providing such essential services as education, electricity and health.
The Right to Health and the Nature of The Right to Health and the Nature of Socio-Economic Rights Obligations under the African Charter
(Economic and Social Rights in South Africa, 2005) Mbazira, Christopher
The African Charter on Human and Peoples’ Rights (the African Charter) guarantees a broad range of economic, social and cultural rights (socio-economic rights) as well as civil and political rights.
Eroticism, sensuality and “women's secrets” among the Baganda: A critical analysis
(Feminist Africa, 2005) Tamale, Sylvia
Sexuality is intricately linked to practically every aspect of our lives: to pleasure,power, politics and procreation, but also to disease, violence, war, language,social roles, religion, kinship structures, identity, creativity… the list is endless. The connection and collision between human sexuality,2 power and politics provided the major inspiration for this piece of research. Specifically, I wanted to explore the various ways in which the erotic is used both as an oppressive and empowering resource. In her compelling essay sub-titled The Erotic as Power,Audre Lorde (1984) argues for the construction of the erotic as the basis of women's resistance against oppression. For her, the concept entailed much more than the sexual act, connecting meaning and form, infusing the body and the psyche. Before Lorde, Michel Foucault (1977; 1990) had demonstrated how the human body is a central component in the operation of power. He theorised the body as “an inscribed surface of invents” from which the prints of history can be read (Rabinow, 1984: 83).
The women’s movement in Africa: creative initiatives and lessons learnt
(East African journal of peace and human rights, 2005) Nakayi, Rose; Twesiime-Kirya, Monica; Kwagala, Dorothy
The Oxford Complete Word Finder defines a movement as a body of persons with a common object. However, there is no single accepted definition of the ‘Women’s Movement.’ Rather, it can be considered as the whole spectrum of conscious and unconscious individual or collective acts, activities, groups or organisations concerned with reducing gender subordination, which is understood as intersecting with race and class oppression. A movement is not static; it is a process and can be modified as it comes into contact with various aspects of life, including politics and communication, to mention but a few.
Water Delivery: Public or Private?
(CELP/NILOS, Centrum voor Omgevingsrecht en Beleid/NILOS, 2006) de Visser, J.W.; Mbazira, C.
This collective volume puts access to water in a human rights perspective. Its chapters are based on presentations delivered at a seminar entitled 'Water delivery in South Africa and The Netherlands: public or private?', which was held in Utrecht, The Netherlands, in March 2005. The seminar was organized by the Community Law Centre of the University of the Western Cape and the Institute of Constitutional and Administrative Law of Utrecht University. Bas de Gaay Fortmann sheds light on the essence of access to water as an entitlement rather than an abstract right. Christopher Mbazira examines the attempts of two South African municipalities (Lukhanji and Amahlati) to deliver this entitlement through engaging private contractors. Victoria Johnson analyses contracts in the context of the outsourcing of water delivery. Jaap de Visser compares water delivery in South Africa and The Netherlands. Tobias Schmitz discusses the restructuring of Johannesburg's water services management.
Access to Justice: Widows and the Institutions Regulating Succession to Property in Uganda
(Human Rights Review, 2006) Kafumbe, Anthony Luyirika
The 1995 Constitution of the Republic of Uganda in terms of article 31 (2) thereof, establishes rights under which widows and widowers can inherit property from their spouses and enjoy parental rights over their children. A duty is placed on the government to make appropriate laws to this end. More important though, the state has a duty to facilitate the administration of estates in general by making, through decentralization, the institutional and legal framework on succession more accessible to ordinary people. An issue that deserves fresh consideration is whether this obligation to make the legal and institutional framework on succession accessible to ordinary people and especially widows, the years fater the Constitution was promulgated has been realized, and if so, whether it has advanced the property rights of these surviving female spouses in the estates of their deceased spouses.
Prisoners’ Right of Access to Anti-Retroviral Treatment
(ESR, 2006) Muntingh, Lukas; Mbazira, Christopher
Prisoners are susceptible to a number of illness and diseases. This may relate to the conditions of prisons themselves (e.g. poor ventilation is associated with TB), life style (e.g. poor nutrition and substance abuse), and sexual violence (e.g. male rape in prison). From a healthcare perspective, prisons present a particular challenge. From 1996 to 2005, the number of prisoners dying from natural causes per year increased from 211 to 1507. HIV/Aids has contributed to this increase. The rate of HIV infection amongst prisoners is unknown and the Department of Correctional Services (the Department) has commissioned a research project to establish this. In the absence of accurate and publicly accessible data, it is difficult to make any accurate assessment of the size and scope of HIV infection and persons living with AIDS in our prisons. What we do know is that prisoners’ access to anti-retroviral treatment (ARV) is extremely limited. To date only one accredited ARV treatment centre has been established by the Department at Grootvlei Correctional Centre in the Free State. In September 2005, the Department briefed the Parliamentary Portfolio Committee on Correctional Services regarding prisoners’ access to ARV with reference to the “HIV/Aids Policy for Offenders”. It reported that the Department was not accredited to provide ARV to prisoners. It also noted that the ARV roll-out centres were located off-site at the Department of Health facilities, which created security concerns as a result of lack of staff and logistics (e.g. transport). In essence, the Department's position was that, while it would like to provide access to ARV, it lacked the resources (staff and infrastructure) to do so. The applicants in the present case sought to remove all obstacles preventing the prisoners from accessing ARV.
African Feminism: How should we change?
(Development, 2006) Tamale, Sylvia
Sylvia Tamale gives a critical, self-reflexive analysis of the African women's movement, with her proposals for the changes she would like to see. She asks that African feminists transform themselves and societies into a more equitable, democratic and tolerant one.
The Draft Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
(Economic and Social Rights in South Africa, 2006) Chenwi, Lilian; Mbazira, Christopher
Historically, economic, social and cultural rights (ESC rights) have received less protection through enforcement mechanisms than civil and political rights. Victims of ESC rights violations do not have the opportunity of submitting formal complaints to the Committee on Economic, Social and Cultural Rights (CESCR), the supervisory body of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Conversely, the 1976 Optional Protocol to the International Covenant on Civil and Political Rights allows victims to lodge complaints with the Human Rights Committee (HRC), the supervisory body of the International Covenant on Civil and Political Rights (ICCPR).
The Right of Access to Sufficient Water
(Economic and Social Rights in South Africa, 2007) Mbazira, Christopher
While the report provides valuable information on a number of positive developments in the provision of water services, it is deficient in a number of respects. The most visible deficiency is its lack of comprehensiveness and its failure to verify most of the information it relies on both to credit and discredit the government. It is argued that these deficiencies can be attributed to the sixth protocol on the right to water (the water protocol), which fails in some important respects to elicit information in ways that would allow a deeper analysis of the state’s performance.
Incey-wincey Spider went Climbing up Again – Prospects for Constitutional (Re)interpretation of Section 28(1)(c) of the South African Constitution in the Next Decade of Democracy
(National ETDS, 2007) Sloth-Nielsen, J.
This article reviews the first decade of jurisprudence concerning interpretation of the rights enumerated in s 28(1)(c) of the Constitution of South Africa (the Constitution), commonly referred to as the children’s socio-economic rights clause. Three broad trends are identified, which in the main have resulted in a far more limited scope of application of these rights than was originally anticipated. In addition, affirming existing jurisprudence in relation to socio-economic rights generally, dicta of the Constitutional Court signal clearly that the Court is not going to be persuaded to accept or define a minimum core content to elaborate the scope of individual socio-economic rights a d the concomitant extent of the State obligations in respect thereof .

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