UNIVERSITY OF NAIROBI

SCHOOL OF LAW
GPR 324: INTERNATIONAL HUMAN RIGHTS LAW
SEMINAR OUTLINE: 2020/2021 ACADEMIC SESSION
COURSE CO-ORDINATORS:
PROF. EDWIN ABUYA (Edwina@uonbi.ac.ke)
WILLIAM ASEKA (woluchina@uonbi.ac.ke)
SEMINAR TIMES: MON (8-11 A.M.); 6-9 P.M.

Can you envisage a right-less world? Where would you be? How would you respond? What kind
of measures would you take? Why? To put it in another way, why should you be accorded any
right? Which right(s) do you consider fundamental? Against whom would you claim this/these
right(s)? What is the extent of this obligation? What remedies would you seek if a duty bearer
fails to discharge its legal obligation, and where? This course seeks to respond to these key
questions. Overall, the course examines the protection of your human rights.
Owing to time considerations, this course cannot cover all the human rights, which are
covered by international treaties and domestic legislation. Rather, it will consider a number of
important contemporary issues. In the first seminar we will introduce the concept of human
rights law. In this seminar we will discuss the general content and administration of the counter,
and we will begin our exploration of International Human Rights Law. The second seminar we
will discuss the evolution or the birth of human rights law. Here the most important aspect to
consider the is whether the history of human rights law is universal around the world. The
following seminar will be looking at the international and regional human rights systems. Here
the purpose is to ensure that students understand the obligation of these two systems and how
they operate within a legal system like Kenya. The course will then review the question of
whether human rights are universal or cite specific. Do human rights exist everywhere in the
world and does the concept of human rights mean the same thing to everyone - male and female
- the world over? The remainder of the course will focus on specific rights. First, we will look at
the right of access to information. Remember the saying: information is power? We will explore
how you can seek information from an information holder. Thereafter, we will focus on the
freedom of expression. With the emergence of internet around the world, does freedom of
expression extend to those using internets? What happens when countries shut down internet
access? Importantly, in this seminar we will also discuss the concept of criminal defamation.
Rights of vulnerable persons, including refugees and asylum seekers as well as those who have
been internally displaced and those who are at risk of stateless will be evaluated. We will also look
at those who have been incarcerated. Do prisoners loose their rights when incarcerated? If not,
which right(s) do they retain and who is the duty bearer? Issues surrounding your
socio-economic rights will also be reviewed. What are these rights and how can you frame a case
around them? What kind of orders can you claim and why? These are some of the questions,
which this seminar will consider. Throughout the discussions in this course gender issues that
arise will be highlighted and addressed.
At the end of this course it is expected that you will be able to appreciate theoretical
perspectives of the rights discourse. I will also expect you to apply the principles learnt to
practical circumstances. Upon successful completion of this course you should also be conscious
of the idea of justice. You should also be able to have a solid grasp of the rights discourse and
the various modes of enforcement. Further this course aims at improving your research,
language, analytical, communication (oral and written) and problem-solving skills. Through-out
the course you will be expected to conduct yourself as a professional.
Regular seminar attendance is mandatory. Missing even one class means that you miss an
entire piece of information. This gap will definitely undermine your overall understanding of
whole areas of issues covered by the syllabus. If you do not meet the attendance requirement,
you will not be allowed to take the exam. For avoidance of doubt, you must meet the attendance
thresh-hold by the time of the Continuous Assessment Test and final exam.
While seminars will be run online, we reserve the right to call on any student to respond
to any question. In other words, you must prepare for each seminar in advance by reviewing all
the readings in this outline. We suggest you work in teams in order to obtain a wide
understanding of the subject matter. In the real-world teamwork is a vital tool. You will have a
hard time in the seminars, if you fail to read the material in advance. We are afraid failure to
engage with the readings may have an impact on your professional life. You are encouraged to
draw on your practical experience, as a way towards enriching discussions. Mind you, we all have
something to share. The materials that are contained in this outline are not exhaustive. Thus, we
expect you to research widely in order to widen your scope of understanding of issues as well as
enrich seminar discussions as well as your future life as a legal advisor.
There will be one Continuous Assessment Test (30 marks) and an end of semester
examination (70 marks). Both will be open book and conducted on the University recommended
online platform. A link for both sessions will be sent to those who have registered for the course.
It is in your interest, therefore, to ensure you enrol for the course at your earliest opportunity.
Two, ensure that you comply with all examination rules. To achieve a pass in this course you
must obtain at least 40 marks. We suggest, however, that you aim high. You are aware that
excellent grades have an impact on your future. Dates and times of each assessment will be
communicated in advance.
An ‘A’ paper:
● Is creative in terms of how it approaches the issue;
● Is sufficiently supported by citing to relevant authorities;
● Is well written in terms of grammar and punctuation;
● Demonstrates evidence of deep research and appreciation of the material;
● Identifies the disposable issues and applies them to the fact pattern; and
● Has superior analysis.

We operate an open policy. If you have any question relating to this course, send us an email. We
endeavour to respond within the shortest time possible. Mr Aseka is the contact person for this
course.

SEMINAR ONE: INTRODUCTION TO INTERNATIONAL HUMAN RIGHTS

LAW
● Frans Viljoen International Human Rights Law in Africa 2nd Ed (2013) Oxford University
Publishers pages 3 -44
● Morris Mbondenyi International Human Rights and their enforcement in Africa (2011) Law
Africa pages 14 - 46
● Marie-Bénédicte Dembour, ‘What Are Human Rights? Four Schools of Thought’ (2010)
32(1) Human Rights Quarterly 1.
● Anna Grear, ‘‘Framing the project’ of international human rights law: reflections on the
dysfunctional ‘family’ of the Universal Declaration’ in Conor Gearty and Costas
Douzinas (eds), The Cambridge Companion to Human Rights Law (CUP, 2012), 17-35.
● Susan Marks, ‘Human Rights and Root Causes’ (2011) 74 Modern Law Review 57.
● Makau Mutua, ‘Savages, Victims and Saviors: The Metaphor of Human Rights’, (2001) 42
Harvard International Law Journal 201.

SEMINAR TWO: THE CONTESTED HISTORY OF THE HUMAN RIGHTS

MOVEMENT
 ● Morris Mbondenyi International Human Rights and their enforcement in Africa (2011) Law
Africa pages 47 - 126
● Jack Donnelly, ‘Human Rights: A New Standard of Civilization?’ (1998) 74(1) International
Affairs 1.
● Moyn, Samuel (06/01/2014). "THE FUTURE OF HUMAN RIGHTS". Sur :
international journal on human rights (1806-6445), 11 (20), p. 56.
● Caroline Elkins Guardian article available at
https://www.theguardian.com/news/2016/aug/18/uncovering-truth-british-empire-car
oline-elkins-mau-mau
● Jessica Whyte, ‘Powerless companions or fellow travellers? Human rights and the
neoliberal assault on postcolonial economic justice’ 2(2) Radical Philosophy 13
● Mark Goodale, ‘The Myth of Universality: The UNESCO “Philosophers’ Committee”
and the Making of Human Rights’ (2018) 43(3) Law & Social Inquiry 596.

SEMINAR THREE: TREATY BODIES & THEIR ENFORCEMNT MECHANISM

● Frans Viljoen International Human Rights Law in Africa 2nd Ed (2013) Oxford University
Publishers pages 289 – 299, .
● Rachael Murray Human Rights in Africa (2004) pages 49 - 72
● Morris Mbondenyi International Human Rights and their enforcement in Africa (2011) Law
Africa pages 341- 370 (African Court)
● Morris Mbondenyi International Human Rights and their enforcement in Africa (2011) Law
Africa pages 301- 340 (African Commission)
● Frans Viljoen International Human Rights Law in Africa 2nd Ed (2013) Oxford University
Publishers pages 300 -348
● Frans Viljoen & Lirette Louw ‘State compliance with recommendations of the African
Commission on Human and Peoples’ Rights 1994-2004’ (2007) American Journal of
International Law 1-34.
● Peters Brigits ‘Aspects of human rights interpretation by the UN Treaty Bodies’ in UN
Human Rights Treaty Bodies, Law and Legitimacy, (2012) 261-319.
● Michael O’Flaherty ‘The concluding observations of the United Nations Human Rights
Treaty bodies’ (2006) Human Rights Law Review 27-52
● Makau Mutua ‘The African Human Rights Court: A Two-legged stool?’ (1999) 21
Human Rights Quarterly 342.
● Morris Mbondenyi International Human Rights and their enforcement in Africa (2011) Law
Africa pages 373 - 396 (African Committee on Children Rights)
● Giana Bekker ‘The African Court on Human and Peoples’ Right: Safeguarding the
interest of African States’ (2007) 51 Journal of African Law 151-172

SEMINAR FOUR: ARE HUMAN RIGHTS UNIVERSAL?

● Jack Donnelly, ‘Human Rights and Human Dignity: An Analytical Critic of Non-Western
Conceptions of Human Rights’, (1982) 76 American Political Science Review 303.
● Surya Subedi, ‘Are the Principles of Human Rights "Western" Idea? An Analysis of the
Claim of the "Asian" Concept of Human Rights from the Perspectives of Hinduism’,
(1999) 30 California Western International Law Journal 45.
● Kristin Miller, ‘Human Rights in Iran: The Universalist Approach and the Relativist
Response’, (1996) 10 Emory International Law Review 779.
● Karin Mickelson, ‘How Universal is the Universal Declaration?’, (1998) 47 University of
New Brunswick Law Journal 19 (available off heinonline).
● Fernando Teson, ‘International Human Rights and Cultural Relativism’, (1984-1985) 25
Virginia J of Intl L 869.
 ● Matthew Ritter, ‘Human Rights: The Universalist Controversy. A Response to are the
Principles of Human Rights “Western” Ideas? An Analysis of the Claim of the "Asian"
Concept of Human Rights from the Perspectives of Hinduism by Dr. Surya P. Subedi’,
(1999-2000) 30 California Western International Law Journal 71.
● Steven Murray and Will Roscoe (eds), Boy Wives and Female Husbands: Studies of African
Homosexualities (Palgrave, New York, 1998).
● William Vlcek, ‘Crafting Human Rights in a Constitution: Gay Rights in the Cayman
Islands and the Limits to Global Norm Diffusion’, (2013) 2 Global Constitutionalism 345.
● Godfrey Kangaude, ‘Adolescent Sexual and Reproductive Health and Universal Health
Coverage: A Comparative Policy Analysis of Ethiopia, Malawi and Zambia’, 2020 (28)
Sexual and Reproductive Health Matters 1.

SEMINAR FIVE: TOWARDS A TRANSPARENT SOCIETY−THE RIGHT OF

ACCESS TO INFORMATION
● Martial Pasquier and Jean-Patrick Villeneuve, ‘Access to Information in Switzerland:
From Secrecy to Transparency’, (2006) 2 Open Government 1.
● Denis Katebire, ‘Access to Information, Gender Participation and Good Governance in
Uganda, (2008) 14 East African Journal of Peace and Human Rights 14.
● Omotesho KF et al, ‘Assessment of Access to Information and Communication
Technology Among Agricultural Extension Officers in Kwara State, Nigeria’, (2012) 2
Asian Journal of Agriculture and Development 220.
● Sam Phiri, ‘Access to Information Law and the Stalled ‘Winds of Change’ in Zambia’,
(2016) 42 Communicatio 35.
● Edwin Abuya, Realizing the Right of Access to Information: What Should Stakeholders
be on the Look Out For? in Fatima Diallo and Richard Callan, (eds), Access to Information
as a Catalyst for Social Change in African Countries (BRILL: Leiden, 2013) 215-244 (available
online).
● Proscovia Svard, ‘Has the Freedom of Information Act Enhanced Transparency and the
Free Flow of Information in Liberia?’, (2018) 34 Information Development 20.
● Edwin Abuya, ‘Promoting Transparency: Courts and Operationalization of the Right of
Access to Information in Kenya’, (2017) 46 Common Law Review 112.
● Peter Siyao, ‘Barriers in Accessing Agricultural Information in Tanzania with a Gender
Perspective: The Case Study of Small-Scale Sugar Cane Growers in Kilombero District’,
(2012) 51 The Electronic Journal on Information Systems in Developing Countries 1.

SEMINAR SIX: FREEDOM OF EXPRESSION

● Robert Alai v The AG & Another [2017] eKLR
● Wilson Olal & 5 others v The AG & 2 others [2017] eKLR
● Jacqueline Okuta & another v The AG & 2 Others [2017] eKLR
● Okiya Omtatah Okoiti v The AG & 2 Others [2013] eKLR
● Chirau Ali Mwakere v Robert M Mabera & 4 Others [2012] e KLR
● Cyprian Andama v DPP & Another; Article 19 East Africa (Interested Party) [2019] eKLR
● Wanuri Kahiu & Another v CEO, Kenya Film Classification Board – Ezekiel Mutua & 4 Others
[2018] eKLR
● Kenya Human Rights Commission v Communications Authority of Kenya & 4 Others [2018] eKLR
● Dirk Voorhoof & Hanness Cannie ‘Freedom of Expression and Information in a
Democratic Society’ (2010) The International Communication Magazine
● David E Guinn ‘Philosophy and theory of freedom of expression’ The Encyclopedia of
American Civil Liberties
 ● Irene T Cate ‘Speech, truth and freedom: an examination of John Stuart Mill’s and Justice
Oliver Wendell Holme’s Free Speech Defenses’ (2010) 22 Yale Journal of Law and
Humanities 39.
● Communications Commission of Kenya & 5 Others v Royal Media Services Limited & 5 Others
[2014] eKLR
● Data Protection Act, 2019 (Kenya).

SEMINAR SEVEN: DETERMINING REFUGEE APPLICATIONS-DUE PROCESS

CONSIDERATIONS
● Edwin Abuya and George Mukundi, ‘Assessing Asylum Claims in Africa: Missing or
Meeting Standards’, (2006) 53 Netherlands International Law Review 171.
● Edwin Abuya, ‘Refugee Status Determination in Australia: Breaking the Rules?’, (2004)
25 (3) Liverpool Law Review 225.
● Rebecca Hamlin, ‘International Law and Administrative Insulation: A Comparison of
Refugee Status Determination Regimes in the United States, Canada, and Australia (2012)
37 Law and Inquiry 933.
● Marina Sharpe and Salima Naamusobya, ‘Refugee Status Determination and the Rights
of Recognized Refugees under Uganda’s Refugees Act 2006’, (2012) 24 International J of
Refugee Law 561.
● Roni Amit, ‘No Refuge: Flawed Status Determination and the Failures of South Africa’s
Refugee System to Provide Protection’, (2011) International J of Refugee Law 1.
● Sarilee Kahn and Edward Alessi, ‘Coming Out Under the Gun: Exploring the
Psychological Dimensions of Seeking Refugee Status for LGBT Claimants in Canada’,
(2017) J of Refugee Studies 1.
● Sean Rehaag, ‘The Role of Counsel in Canada’s Refugee Determination System: An
Empirical Assessment’, (2011) 49 Osgoode Hall LJ 71.
● Elizabeth Macharia-Mokobi and Jimcall Pfumorodze, ‘Advancing Refugee Protection
Through Improved Refugee Status Determination’, (2013) 13 African Human Rights LJ
152.
● Kenya National Commission on Human Rights and Another v The AG and Others Petition No.
227 of 2016 (Mativo J) (delivered 9 February 2017).
● Kituo Cha Sheria and Others v AG Petition No. 19 of 2013 (Majanja J) (delivered 26 July
2013).

SEMINAR EIGHT: PROTECTION OF PERSONS AT RISK OF STATELESSNESS

−A DAUNTING TASK?
● Solomon Momoh et al, ‘Statelessness Determination Procedures: Towards a Bespoke
Procedure for Nigeria’, (2020) 2 Statelessness and Citizenship Review 86.
● Raymond Atuguba and Others, ‘Statelessness in West Africa: An Assessment of Stateless
Populations and Legal, Policy, and Administrative Frameworks in Ghana’, (2020) 8 Journal
on Migration and Human Security 14.
● Kenya National Commission on Human Rights (Edwin Abuya), Out of the Shadows:
Towards Ensuring the Rights of Stateless Persons and Persons at Risk of Statelessness in Kenya
(2010).
● Mike Sanderson, ‘Statelessness and Mass Expulsion in Sudan: A Reassessment of
International Law’, (2014) 12 Northwestern J of International Law 74.
● Caroline Swayer, ‘Not Every Child Matters: The UK’s Expulsion of British Citizens’,
(2006) 14 International Journal of Children’s Rights 157.
 ● Alison Harvey,’ The UK’s New Statelessness Determination Procedure in Context ‘,
(2013) 7 Journal of Immigration Asylum and Nationality Law.
● UNHCR, Handbook on Protection of Stateless Persons (2014).
● UK Home Office, ‘Asylum Policy Instruction: Statelessness and Applications for Leave
to Remain’, (February 2016).
● Donald Kerwin and Others, ‘Statelessness in the United States: A Study to Estimate and
Profile the US Stateless Population’, (2020) 8 Journal on Migration and Human Security 150.
● Kulraj Singh Bhangra v Director General, Kenya Citizens and Foreign Nationals Management Service
Petition No. 137 of 2014 (Lenaola J) (delivered 5 December 2014).
● John Mbaku, ‘Citizenship Laws and Political and Economic Participation in Africa’,
(2018) 43 North Carolina J of International Law 110,
● Anudo Ochieng Anudo v Tanzania (Judgment) (African Court on Human and Peoples'
Rights, App No. 012/2015, 22 March 2018).

SEMINAR NINE: CONTINOUS ASSESSMENT TEST

SEMINAR TEN: INCARCERATED PERSONS−ANY RIGHTS?

● Godfrey Kangaude, ‘A Sexual Rights Approach to Addressing Gender-Based Violence
Among Male Prisoners in Malawi’, (2014) 14 African Human Rights LJ 1.
● Daniel Branch, ‘Imprisonment and Colonialism in Kenya, c. 1930-1952: Escaping the
Carceral Archipelago’, (2005) 38 International J of African Historical Studies 239.
● Mohamed Msoroka and Others, ‘Prison Education in Tanzania: Policy versus Practice’,
(2018) 10 Journal of Issues and Practice in Education 38.
● Leonard Rubinstein and Others, ‘HIV, Prisoners and Human Rights’, (2016) 388 Lancet 1202
● Ibrahim Danjuma and Others, ‘Prisons’ Condition and Treatment of Prisoners in Nigeria:
Towards Genuine Reformation of Prisoners or a Violation of Prisoners’ Rights?’, (2018) 44
Commonwealth Law Bulletin 90.
● Dior Konate, ‘“When Words Mean a Lot”: The Experiences of Female Prisoners in Senegal
and the Effects of the Incarceration on their Families’, (2013) 11 Wagadu: A J of Transnational
Women’s and Gender Studies 20.
● Daniel Ng’etich and 2 Others v AG and 3 Others Petition No. 329 of 2014 (Mumbi J) (delivered
24 March 2016).
● Gitobu Imanyara and 2 Others v AG Civil Appeal No. 98 of 2014 (Visram, Sichale and
Mohammed JJA) (delivered 19 May 2016).
● Samuel Chege Gitau & 283 Others v AG Cause No. 2212 of 2012 (Nderi J) (delivered 15 April
2016).
● Kituo Cha Sheria v IEBC and Another Petition No. 574 of 2012 (Majanja J) (delivered 21
January 2013).
● Mbugua v Republic Mombasa Criminal Case No. 323 of 2002 (Tutui J).
● Edwin Abuya and Grace Mburu, ‘Prisoners in Kenya−Katika Tundu La Sindano’, (2016) 11
The Journal of Comparative Law 1.
● Lantonirina Ravaoarisoa and Others, ‘Nutritional Status of Female Prisoners in Antaniroma
Prison, Madagascar’, (2019) 33 The Pan African Medical Journal 119.
● Kelemework Adane and Others, ‘Tuberculosis Knowledge, Attitudes, and Practises Among
Northern Ethiopian Prisoners: Implications for TB Control Efforts’, (2017) Plos One 1.
● Persons Deprived of Liberty Act, No. 23 of 2014.