UNIVERSITY OF BOTSWANA
DEPARTMENT OF LAW
LAW 437 HUMAN RIGHTS LAW
SEMESTER TWO: 2024/2025
INSTRUCTOR: DR ONTHATILE OLERILE MOETI
OFFICE: BLOCK 230 OFFICE 127
Email: moetio@ub.ac.bw
Consultation: Mondays (2p.m - 4p.m)
GENERAL INTRODUCTION:
The general notion that each human being is, by virtue of his or her humanity, entitled to
certain rights that are essential for the maintenance of his or her inherent dignity and that such
dignity and self-worth justify protection through international and domestic law is one with a
chequered past but which, in contemporary times, has acquired almost universal acceptance.
It is in this light that these human rights are deemed to transcend immutable factors such as
race, colour, sex and language and other general factors such as religion, political or other
opinion, national or social origin, property, birth, or other status. Human dignity, which forms
the quintessence of the concept of human rights, always needs protection. Hence, this Course
undertakes a critical appraisal of measures in place for the promotion and protection of
human rights both in peace time and in times of war or armed conflict. These measures,
which will be discussed from a holistic perspective, cover international, regional, and
domestic spheres.
AIMS AND LEARNING OBJECTIVES:
In the context of the GENERAL INTRODUCTION this Course aims at introducing
students to the notion, which is widely accepted internationally, that each human being has an
inherent dignity, which is rooted in his/her humanity, qua humanity, and which is secured
through human rights, and that such dignity always deserves protection through international
and national mechanisms. From this perspective students should, at the conclusion of the
Course, be able to achieve the following competencies, which constitute the learning
objectives of the Course:
• Have a profound understanding of human dignity, the fulcrum of human rights, and
its relation to one’s humanity.
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• Be able to critically analyse human rights and how these rights underpin human
dignity, the quintessence of human rights.
• Attain a comprehensive knowledge of the mechanisms adopted for the protection and
promotion of human rights at the international, regional and national levels.
• Realise the constructive convergence of human rights law and international
humanitarian law to enhance the protection of human dignity in times of peace and in
times of war; and
• Develop a critical mind for an objective appraisal of executive policies and
programmes, legislation and legislative processes, judicial processes and findings and
discourses on social relations and issues in general to determine whether they accord
with the imperatives of human rights.
ASSESSMENT:
The Course shall be assessed as follows:
(a) CONTINUOUS ASSESSMENT: This shall constitute 40% of the FINAL MARK of the
Course and shall be made up of THREE (3) pieces divided as follows: 10% Attendance and
Participation; 15% First Assessment; and 15% Second Assessment; and
(b) EXAMINATION: This shall constitute 60% of the FINAL MARK of the Course and
shall, be written at the end of the Semester.
NOTE ON COURSE’S TEXT:
The PRESCRIBED TEXT, the RECOMMENDED TEXT and the SUGGESTED
GENERAL READING below are just illustrative, and not exhaustive. Thus, students are
advised to consult and read other literature dealing with the Course but not cited in this
Course Outline to familiarise themselves with as many perspectives as possible on the myriad
of issues involved in the Course.
PRESCRIBED TEXT:
C.M. Fombad (ed) Essays on the Laws of Botswana, Juta, (2007).
D. Chirwa, Human Rights Under the Malawian Constitution, Juta, 2011.
F. Viljoen, International Human Rights Law in Africa (2nd Ed) OUP, 2012.
R. Smith, International Human Rights Law (10th Ed), Oxford, 2020.
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RECOMMENDED TEXT:
C. Heyns (Ed.), Human Rights Law in Africa, Martinus Nijhoff Publishers: Leiden; Boston,
2004 [NOTE: This text consolidates, updates and replaces the earlier texts titled Human
Rights Law in Africa Series that spanned 1996 to 1999.]
Christof Heyns and Magnus Killander (eds.), Compendium of Key Human Rights Documents
of the African Union (5th edn.), Pretoria, Pretoria University Law Press, 2013
J. Pictet, Development and Principles of International Humanitarian Law, Kluwer Academic
Publishers Group: Dordrecht, The Netherlands, 1985
R. Clayton, The Law of Human Rights (Vol. I & II), Oxford, 2000
I. Brownlie, Basic Documents on Human Rights (3rd ed.), O. U. P., 1994
Mattson, David J. and Clark, Susan G., “Human Dignity in Concept and Practice”, Policy
Sciences, Nov. 2011, Vol. 44, No. 4, pp. 303 - 319
M. Hamalengwa, The International Law of Human Rights in Africa, The Hague, 1997
United Nations, The United Nations and Human Rights, 1945 – 1995, New York, 1995
United Nations, Human Rights: Questions and Answers, New York, 1987
United Nations, The United Nations and Human Rights, New York, 1984
SUGGESTED GENERAL READING:
J. Humphrey, Human Rights and the United Nations: A Great Adventure, Transitional
Publishers: Dobbs Ferry, New York, 1984
G. W. Shepherd Jr. and M. O. C. Anikpo (Eds.), Emerging Human Rights, Greenwood Press:
New York, 1990
D. Schindler and J. Toman, The Law of Armed Conflicts, Martinus Nijhoff Publishers:
Dordrecht, The Netherlands, 1988
H. Dunant, A Memory of Solferino, ICRC: Geneva, 1986
Meron, Theodor (Ed.), Human Rights in International Law: Legal and Policy Issues,
Clarendon Press: Oxford, 1984
K. A. Acheampong, “Human Dignity and the Human Rights of Botswana Prisoners of
Foreign Origin Living with HIV/AIDS”, Nordic Journal of Human Rights (2017) Vol. 35,
No. 2, pp. 127 - 145
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K. A. Acheampong, “Upholding the Concept of the Universality of Human Rights: Some
Current Jurisprudential Concerns Regarding the Zimbabwe Land Issue”, University of
Nairobi Law Journal, Vol. 2, Issue 1, 2004, 29 – 45
K. A. Acheampong, “Women’s Rights and UNESCO’s Manifesto 2000: For a Culture of
Peace and Non-Violence”, (June 2000) Review of Southern African Studies (A Special Issue
on Gender), Vol. 4, No. 1, 160 – 196
K. A. Acheampong, “The Democratization Process in South Africa: Implications for Human
Rights Promotion and Protection in the Southern African Sub-Region”, Nordic Journal of
African Studies, Vol. 5, No. 1, 1996, 125 – 146
K. A. Acheampong, “The Ramifications of Lesotho’s Ratification of the Convention on the
Elimination of All Forms of Discrimination against Women”, Lesotho Law Journal Vol. 9,
1993, No. 1, 79 – 105
U. O. Umozuorike, “The 1949 Geneva Conventions and Africa”, American Journal of
International Law, Vol. 81, No. 2, April 1987, 351 – 357
PART 1
INTRODUCTION – FOUNDATION AND DEFINITION OF HUMAN
RIGHTS
i. Foundation and Rationale of the Concept of Human Rights
ii. Definition of Human Rights: Ideological and Philosophical Controversies
Surrounding the Concept of Human Rights
iii. The Basis of Human Rights
iv. Values Underpinning Human Rights
v. Functions/Essence of Human Rights
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PART 2
INTERNATIONAL AND NATIONAL SOURCES OF HUMAN RIGHTS
i. International Treaties
ii. International Custom
iii. Other International Instruments (“Soft Law”)
iv. Jus Cogens/Peremptory Norms
v. Judicial Decisions
vi. National Law
PART 3
FUNDAMENTAL PRINCIPLES OF HUMAN RIGHTS
i. Universality and Inalienability
ii. Indivisibility
iii. Inter-dependence and Inter-relatedness
iv. Equality and Non-Discrimination
v. Participation and Inclusion
vi. Accountability and Rule of Law
PART 4
HISTORICAL DEVELOPMENT AND INTERNATIONALIZATION OF
HUMAN RIGHTS
i. The League of Nations and Human Rights
ii. The Effect of the 2nd World War on Human Rights
iii. The Generations/Classification of Human Rights
iv. The Concept of the Domestic Jurisdiction of States and Human Rights
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PART 5
CIVIL AND POLITICAL RIGHTS
i. Main Sources of Rights
ii. Nature and Extent of Rights
iii. Non-derogable Rights
iv. Non-discrimination and Protection of Specific Groups: Women, Children, Minorities,
Migrants, Disabled people, Indigenous Peoples
PART 6
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
i. Main Sources of Rights
ii. Nature and Extent of Rights
iii. ESC Rights and Self-Determination; ESC Rights and Social Justice
PART 7
SOLIDARITY OR COLLECTIVE RIGHTS
i. Main Sources of Rights
ii. Nature and Extent of Rights
iii. Linkage to Civil and Political Rights and Economic, Social and Cultural Rights
PART 8
INTERNATIONAL MECHANISMS AND PROCEDURES FOR HUMAN
RIGHTS’ IMPLEMENTATION
i. The UN Charter and Human Rights
ii. The UN Universal Declaration of Human Rights and Human Rights
iii. United Nations Treaty Bodies and Human Rights
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iv. States’ obligations respecting Human Rights
v. Inter-Governmental Organizations and Human Rights
vi. Non-Government al Organizations and Human Rights
PART 9
REGIONAL MECHANISMS AND PROCEDURES FOR HUMAN
RIGHTS’ IMPLEMENTATION
i. African Mechanisms and Procedures
ii. European Mechanisms and Procedures
iii. Inter-American Mechanisms and Procedures
PART 10
NATIONAL/DOMESTIC MECHANISMS AND PROCEDURES FOR
HUMAN RIGHTS’ IMPLEMENTATION
i. General Mechanisms and Procedures
ii. Constitutional Aspects of Human Rights Protection in Botswana
iii. Statutory and Judicial Protection of Human Rights in Botswana
iv. Judicial Protection of Human Rights in Botswana
Cases:
Attorney General v Muzila [2003] 1 BLR 471
Attorney General v Oatile 2011 (2) BLR 209 CA
Attorney General v Rammoge & Others CACGB-128-14
Attorney General v Unity Dow [1992] BLR 119
August & Another v Electoral Commission & Others 1999 (3) SA 1 (CC)
Azad Hauliers (Pty) Ltd v Attorney General [1985] BLR 144
BPC Workers Union v BPC [1999] BLR 159
Diau v Botswana Building Society 2003 (2) BLR 409 IC
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Dickson Tapela & Others v Attorney General MAHGB-000057-14
Desai v The State [1987] BLR 55
Ditshwanelo & Others v Attorney General & Another [1999]2 BLR 56
Geofrey Khwarae v Bontle Onalenna Keaikitse & Others MAHGB -000291-14 Unreported
Good v Attorney General [2005] 1 BLR 462
Government of the Republic of SA v Grootboom 2001 (1) SA 46 (CC)
Kanane v The State (2003) 2 BLR 67 CA
Kamanakao I & Others v Atorney General [2001] 2 BLR 654
Lesetedi & Another v The State [BLR] 393
Letsweletse Motshidiemang v The Attorney General MAHGB-000591-16
Makuto v The State [2002] 2 BLR 130
Maposa v The State [1989] BLR 556
Media Publishing (Pty) Ltd v Attorney General [2001] 2 BLR 485
Moatshe & Another v The State [2003] 1 BLR 65
Molatlhegi v The State [1990] BLR 477
Mosetlhanyane & Another v Attorney General [2011] 1 BLR 152
ND v Attorney General & Registrar of National Registration MAHGB-000449-15
Noor |& Others v Botswana Cooperative Bank LTD 1999 (1) BLR 443 (CA)
Oatile v The Attorney General 2010 (1) BLR 404 HC
Otlhomile v The State [2002]2 BLR 295
Petrus & Another v The State [1984] BLR 14
Rabana v Attorney General and Another [2003] BLR 330
Ramantele v Mmusi & Others (2013) 2 BLR 658 CA
Rammoge & Others v The Attorney General MAHGB-000175-13
Roy Sesana & Others v Attorney General [2006] 2 BLR 633
S v Makwenyane 1995 (3) SA 391 (CC)
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S v Ntesang (1995) 4 BCLR 426
Serurubele v Attorney General [1998] BLR 661
SRC of Molepolole College of Education v Attorney General [1995] BLR 178
State v Merriweather Seboni [1968-1970] BLR 158
Strydom v Minister of Correctional Services 1999 (3) BCLR 342 (W)
Treatment Action Campaign v Minister of Health 2002 (4) BCLR 356 (T)
PART 11
INTERNATIONAL HUMANITARIAN LAW (IHL) AND HUMAN
RIGHTS LAW
i. Theoretical Underpinnings of IHL
ii. Definitions, Development and Contents of IHL
iii. Conceptual and Practical distinctions between IHL and Human Rights Law
iv. Convergence of Human Rights Law and IHL
v. Implementation of IHL – The Emergence of International Criminal Law.
