section b
Represented by BONELA, Obakeng was awarded US$1,000 in damages after she successfully sued another woman for invading her privacy by publicly disclosing her HIV status. © BONELA, Botswana
B.6 Public Interest Litigation (PIL) by legal and civil society organizations Context: The use of class action or Public Interest Litigation across the region to promote rights and seek remedies for rights violations has been effectively used to repeal discriminatory provisions in the law,58 expand opportunities for vulnerable groups,59 protect land rights for communities,60 and erase inconsistencies between formal and customary law that could be exploited to the detriment of vulnerable groups.61 The UN Women report on the Progress of the World’s Women notes that that Public Interest Litigation has led to positive changes in women’s lives by advancing the legal understanding of women’s human rights under international law and confirming their enforceability at national level; by enforcing or clarifying laws already existing on the statute books, by challenging laws that should be repealed and by creating new legislation.62
58 For example, in the case of Unity Dow v Attorney General of the Republic of Botswana (1992) which extended legal protection for women under the citizenship laws of Botswana - with women who married foreign men being able to pass on the rights and privileges of citizenship on to their children. 59 For instance, the Treatment Action Campaigns (TAC) for ARV access for pregnant women and mothers, and eventually universal access for those affected or infected with HIV/AIDS. 60 Such as, the Benet case in eastern Uganda - land rights for communities on the slopes of Mount Elgon, which had been converted to national parks without adequately compensating communities. 61 For example, in the case of Bhe v Khayelitsha Magistrate (2004), the Constitutional Court of South Africa declared that the rule of primogeniture under customary law was unconstitutional, because it violated women’s rights including the right to inherit property under customary law. 62 UN Women (2011), Progress of the World’s Women; In Pursuit of Justice, p16.
Rule of Law and Access to Justice in Eastern and Southern Africa: Showcasing Innovations and Good Practices 37