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17 November 2022 | Story Valentino Ndaba
Dr Catherine Namakula
Dr Catherine S. Namakula, Senior Lecturer of Public Law at the UFS and Chairperson of the UN Human Rights Council's Working Group of Experts on People of African Descent.

During the 77th General Assembly of the United Nations (UN), the plight of children of African descent was a main topic of conversation. The conversation was led by Dr Catherine Namakula, Senior Lecturer of Public Law at the University of the Free State (UFS) and Chairperson of the UN Working Group of Experts on People of African Descent (WGEPAD).

On Monday 31 October 2022, in New York, she presented the group’s yearly report, titled ‘Children of African Descent’ to the third committee of the General Assembly. Dr Namakula urged the UN and other stakeholders to avoid using photos of African children and children of African descent in deplorable situations for fundraising and marketing purposes. She stated that "children of African heritage are not synonymous with poverty".

Some of the issues discussed at the meeting included conflicts of law with regard to children of African descent, their disproportionate criminalisation, the intense policing of their families and homes, the racial conditioning of their education, and the use of images of them in degrading circumstances in UN and other stakeholder messaging for marketing and fundraising.

The Working Group recommended the creation of a racial justice index to assess how well states are performing and making progress in improving the well-being of children of African heritage. South Africa was one of the nations that intervened to affirm the report. Among the countries that affirmed other related issues were Russia, Cameroon, China, and Syria.

Dr Namakula also had private meetings with the leaders of the World Council of Churches, UN Women, UNICEF, and other UN agencies to talk about human rights-based approaches to programming aimed at mainstreaming racial justice in their work.

 

African Commission on Human and People’s Rights

In addition, Dr Namakula headed the WGEPAD team to the 73rd regular meeting of the African Commission on Human and People's Rights. She made a statement at the session that brought attention to the opportunities for and necessity of African civil society participation in the work of the Working Group and the UN anti-racism machinery. She made reference to the 'Declaration on People of African Descent' being drafted, to which they may add African perspectives.

Dr Namakula also called attention to the precarious status of victims of modern forms of enslavement, torture, and exploitation in the Middle East and Gulf States, emphasising the important role of civil society in documenting and publicising the tales of vulnerable victims. She emphasised the need for work on the reparations agenda to start right now in order to document Africa's claims and create the necessary institutional and normative frameworks.

She added that efforts are under way to have the UFS Faculty of Law serve as the academic alliance's anchor for the reparations agenda in Africa.

News Archive

Emma Sadleir talks about social media etiquette
2016-05-18

Description: Emma Sadlier Tags: Emma Sadlier

Emma Sadleir
Photo: Supplied

“We have all become celebrities, we have become social figures because of our power to publish information. We have all become brands, and we need to protect our brand. Digital content is sometimes dangerous content,” said Sadleir.

On 11 May 2016, the University of the Free State, in collaboration with the Postgraduate School, hosted, Emma Sadleir, a leading social media expert, in the Equitas Auditorium on the Bloemfontein Campus. She is an admitted advocate, specialising in social media law.  Dr Henriette van den Berg, Director of the Postgraduate School, described Sadleir’s presentation as a privilege for all the staff and students who attended.

Sadleir said that there are two important rules that staff and students of an institution should try to follow. The first is not to bring the name of the institution into disrepute; and the second is not to breach the goodwill of the institution or, in other words, not to bite the hand that feeds you.

“The common law, even if there is no policy, is that anything that brings the company into disrepute can lead to disciplinary consequences up to termination,” said Sadleir.

Sadleir focused on hate speech and free speech, stating that free speech is a right that is entrenched in the constitution, but, like every other right, it has limitations. She mentioned Penny Sparrow, Matt Theunissen, Velaphi Khumalo, and Judge Mabel Jansen, all of whom have been lambasted by the public over their racist posts on social media. Sadleir stressed that, even on social media, content has to be within the confines of the law, and people must remember our rights are not absolute. We have a lot of freedoms, but no one cannot disseminate hate speech.

“Would you publish whatever you thinking on a billboard, close to a busy highway with your name, picture and employers details or the institution you studying at? If you have no grounds to justify the comment, do not post it,” warned Sadlier.  

According to the South African Bill of Rights, everyone has the right to privacy, but an expectation of privacy has to be enforced. She said people over-document their lives on social media, decreasing your right to privacy drastically. “It is like CCTV footage of your life. It is simple, the more you take care of your privacy, the more you have,” said Sadleir.

Sadleir said it was important for Facebook users to have privacy settings where they can review posts where they are tagged. According to Sadleir, managing your reputation is not only limited to what you post about yourself but also managing what others post about you.

She cited a 2013 case in the Pretoria High Court in which a new wife wrote a scandalous Facebook post about her husband’s ex-wife, tagging the husband in the post. The courts found both the new wife and the husband guilty of defamation.

“If you have been tagged in something but have not been online and seen the content, you are then an innocent disseminator. The moment you are aware of the post you are liable for the content,” said Sadleir.

“It takes 20 years to build a reputation and five minutes to ruin it. If you think about that, you'll do things differently,” Sadleir said, concluding her presentation with the quotation from Warren Buffet.

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