The quite complex problems of human and group survival in Africa do not easily lend themselves to diagnosis or solutions within the human rights frame of analysis. There are several reasons for this. Some arise from the recent and not–so–recent history of the continent, others are associated with the foundations and formulation of the human rights framework itself, and the rest with the orientation of those governments, individuals, and organizations involved in or entrusted with translating the promises of human rights into human reality. The invidious dichotomies within human rights discourse between civil, political, economic, social, cultural, and collective (solidarity) rights or the so–called “categories” or “generations” of human rights, with the attendant and implicit hierarchy among these categories of rights, fails to resonate with most people around the continent for whom contact with the state is a frightening prospect that defies such convenient intellectual categories.

In the immediate aftermath of World War II, the initiators of the UN system and the Universal Declaration of Human Rights (UDHR) were convinced that respect for human rights and the dignity of the individual was essential to peace and conflict prevention. Perhaps, this was a realistic assessment of events informed by the experience of the failure of interwar agreements to protect especially minorities from genocidal butchery and dehumanization. Human rights was therefore seen as a primary means of conflict prevention and of promoting peaceful coexistence. Having evolved into a formidable global moral and political language of our time, human rights has since become the battle cry of many oppressed persons or groups.

The South African telecommunications sector has recently been the subject of renewed interest as it commences its second phase of liberalization and opens up its fixed line market to competition. With democracy in place since 1994, the challenge of economic and social development created by the ravages of apartheid required detailed government policy in every sector. Telecommunications was no exception. Since the promulgation of the 1996 Telecommunications Act, developmental objectives, particularly universal service, the advancement of small and medium enterprises (SMMEs) and the economic empowerment of historically disadvantaged individuals have rivalled more pedestrian sectoral reform goals often given priority in other countries, such as the promotion of innovation and competition.

Imagine, as one may well imagine at this time of the day, a chocolate mousse, dark and delectable, or a tempting tiramasu or a perfect pavlova. How are you going to decide which is best? Yes, indeed the actual presentation of the puddings may influence your choice, but to be able to make an informed choice, you would need to taste them. Do you have to make the choice according to your own taste, or do you have to decide which should go best with your menu for your dinner party? If you have to decide which is best, you would have to be able to rank them in relation to other mousses, tiramasus or pavlovas. You need to know the ingredients, and for a professional decision you would need some knowledge of the art of cooking. Proof in the art of cooking, science, and also in law depends on the quantum and quality of evidence or data sufficient to support a conclusion. Loevinger concludes that “[p]roof ultimately depends on the ability of the human mind to make appropriate and useful distinctions and connections among data or items of evidence”.

At the National Consultative Forum on Transforming the Administration of Justice System in Nigeria, convened by the Federal Minister of Justice and the Federal Attorney-General in November 2001, it was decided to draft a National Action Plan on Justice Sector Reform in Nigeria and to produce a Justice Vision document. The Ministry of Justice and the Attorney-General's office identified the need to examine ways of (a) upholding the Constitution and the rule of law; (b) promoting justice, fairness and human dignity; and (c) incorporating and expanding community participation in the administration of justice. The Legal Aid Council of Nigeria could contribute to this process by establishing a public defender network using law graduates in the National Youth Service Corps (NYSC). It may be possible to use the NYSC scheme to expand dramatically the current level of legal aid in Nigeria by employing the services of NYSC law graduates more extensively as public defenders. In order to consider the feasibility of such a programme the following factors will be considered: (i) the availability of lawyers and law graduates; (ii) the duties imposed by the Nigerian Constitution; (iii) the function of the Legal Aid Council; (iv) the operation of the Legal Aid Council; (v) the provision of legal aid services by the Legal Aid Council; and (vi) the cost of establishing a structured NYSC public defender programme.

Clearly, one of the greatest challenges that faces sub–Saharan Africa is the AIDS pandemic. The Human Immuno–Deficiency Virus (HIV), which causes AIDS, continues to spread at an alarming rate. In South Africa the statistics relating to the AIDS disease are staggering. With the greatest impact on the young and economically active population, it is estimated that without firm action, it will be an epidemic of catastrophic proportions, which will break up the foundations of socio–economic life. Against this background, the need for combative measures and strategies to deal with the problem is not in doubt. Civil society groups have taken an active interest in this issue and some, like Treatment Action Campaign (TAC), have conducted campaigns for access to quality health services. Recently, the Constitutional Court of South Africa was faced with an important case involving AIDS, pitting civil society groups on one side and the government of South Africa on the other. At the centre of the dispute was the South African government's response and policy towards combating the spread of the disease through mother–to–child transmission at birth.

In 1996 a communication was brought to the African Commission on behalf of the Ogoni people, by the Social and Economic Rights Action Center (SERAC), a Nigerian–based NGO, and the Economic and Social Rights Action Center, a New York-based NGO. This communication averred the Nigerian government's involvement in the environmental degradation and resultant health problems amongst the Ogoni, as well as the destruction of their housing and food sources, through uncontrolled and irresponsible oil production by the State oil company (a majority shareholder in a consortium of oil companies), as well as the ruthless actions of the Nigerian military in support thereof.

During the 1980s and 1990s there were two major changes to forest management objectives in Tanzania. Firstly, it was recognized that some of the forests, notably those on mountains in the east of the country and the coastal plain, are exceptionally rich in species of restricted distribution. Recent analysis has even placed these forests amongst the most important biodiversity hotspots world-wide. Secondly, there was a recognition that communities needed to be much more involved in forest management. The Forest Act, 2002, which replaces the 1957 Forest Ordinance, tackles both of these objectives and introduces some new concepts of forest ownership. Moreover it makes arrangements for establishing a fund that promotes protection of biodiversity and sustainable development of forest resources. This note first briefly reviews the history of forest law in Tanzania and then discusses innovations introduced by the 2002 Act.