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1
Bello, Ayodeji Aliu. "The African court on human and peoples’ rights: a test of African notions of human rights and justice." University of the Western Cape, 2019. http://hdl.handle.net/11394/6832.
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Doctor Legum - LLDThe African Court on Human and Peoples’ Right (the Court) is the most recent of the three regional Human Rights Bodies. Envisioned by the African Charter on Human and Peoples’ Right, its structures was not planned until the Organisation of African Unity (OAU) promulgated a protocol for its creation in 1998. The Court complements the protective mandate of the African Commission on Human and Peoples’ Rights (‘The Commission’) and the Court has the competence to take final and binding decisions on human rights violations. Unlike its European and inter-American versions where their courts are integral parts of the cardinal instrument of the system ab initio, the establishment of the African Court was merely an afterthought. At the initial, protection of rights rested solely with the Commission upon African justice system which emphasises reconciliation as it is non-confrontational method of settlements of. The Commission is a quasi-judicial body modelled after the United Nations Human Right Committee without binding powers and with only limited functions covering examination of State reports, communications alleging violations and interpreting the Charter at the request of a State, the OAU or any organisation recognised by the OAU. The thesis answers the question whether the adoption of the African Court means that the African model of enforcing human rights has failed or whether having the Court constitute a concession to the triumph of the western model of law enforcement. The imperative of the 30th Ordinary Session of the OAU in 1994 where the creation of an African Court of Human and Peoples’ Rights was viewed as the best way of protecting human rights across the region would be treated. The relevance of such an examination is highlighted by the fact that the African Charter did not make any provision for the establishment of a Court to enforce the rights guaranteed thereunder. If we are to assume that justice by reconciliation has failed and should be replaced by or complimented with justice by adjudication as the primary means of conflict resolution, what guarantees are there that the latter form of justice will not also fail? This thesis therefore will critically evaluate the African Court on Human and Peoples’ Rights and assessed its potential impact on the African human rights system. It will also probe the power of the Court and see whether a clear and mutually reinforcing division of labour between it and the African Commission can be developed to promote and protect human rights on the continent. This research brings to focus an area that requires attention if the African human rights regime is to be effective. It put to test the criticism against the African Charter and the Protocol to the African Charter on the Establishment of an African Court on Human and Peoples’ Rights and also identified the present existing flaws in the African regional system. Furthermore, it ascertained whether or not, given the availability of other options, a regional Court is, in fact, the ideal mechanism for the protection of human rights in Africa.
2
Sahinkuye, Mathias. "Human rights and the rule of law in Rwanda : reconstruction of a failed state." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51792.
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Thesis (LLD)--University of Stellenbosch, 2000.ENGLISH ABSTRACT: Human rights denials have more characterised Rwandan history than their promotion and protection. When the Rwandan State emerged from Tutsi domination and colonialism, many Rwandans hoped that the era of liberty had at least dawned. But the reality has been a total disappointment and replicas of earlier abuses have emerged, despite the ratification by Rwanda of most international human rights instruments. This dissertation is premised on the assumption that Rwanda has failed as a democratic constitutional State, and the whole socio-economic-political system has gone wrong. Chapter one argues that disequilibrium was built into the Rwandan system before colonisation and evangelisation. There was a 'consensus' that Tutsis were a superior minority race, able to govern and dominate, well organised and accepted by their Hutu subjects. The colonists and the Catholic Church exploited this injustice for their indirect rule. In a world evolving towards the international human rights system, this had a very precarious foundation in Rwanda. Indeed, poor management of changes due to evangelisation, education and market economy led to the denial of human dignity. It exacerbated division in favour of Hutus rather than reinforcing national unity. Chapter two considers the Hutu regime as a failure of a democratic constitutional State in the postcolonial era, despite the promise to serve the interests of all Rwandans through democracy and respect for human rights. In a one-party State, a handful of Hutus have monopolised power and resources. The institutional infrastructure for the management of the State and protection of human rights was set up to safeguard the interests of the ruling group only and oppress the rest of the population. The Hutu government, particularly, took revenge on Tutsis that they killed, forced into exile and denied access to public affairs. Hutu opponents, real or imaginary, and people from other regions than that of the President were also denied such access. Separation of powers was purposely just a theory, whence a non-independent judiciary, interference of the executive in the functioning of other branches of government and abuse of legislative power became the reality. In order to perpetuate the ruling group's hegemony, civil society was hindered, while states of emergency were used to deny the right to life, liberty and the security of the person. Many other rights were also denied regardless of whether the denial was a legacy of the past or just a result of the undemocratic nature of the State and the underdevelopment of the country. The Hutu regime's failure to promote national unity resulted in a genocide which took the lives of many Tutsis and Hutus. Whereas the current Tutsi government presented itself as committed to democracy and human rights, Chapter three argues that it was a mutatis mutandis replica of the Hutu rule. Indeed, the State system and resources have been captured by a group of Tutsis while other Tutsis have been left without hope and Hutus have become second-class citizens, whence justice and national unity are in jeopardy. By avoiding to tackle the fundamental issue of nation-statehood, the United Nations have failed to maintain peace and security. The failure to condemn Ugandan aggression against Rwanda, the forced repatriation of refugees, and the non-prosecution of Tutsis involved in crimes against humanity have proved the demise of international law and the maintenance of the culture of impunity in Rwanda. The author nonetheless argues that respect for human rights and establishment of the rule of law are still possible through a process of reconciliation and reconstruction.
AFRIKAANSE OPSOMMING: Die geskiedenis van Rwanda word meer deur die miskenning van menseregte as erkenning en beskerming daarvan gekenmerk. Toe die Rwandese Staat onder Tutsi oorheersing en kolonialisme uit verrys, het baie Rwandese gehoop dat die tydperk van vryheid ten minste aangebreek het, maar die werklikheid was algeheel teleurstellend en weergawes van vroeëre misbruike het weer tevore getree, ten spyte daarvan dat Rwanda die meeste internasionale werktuie vir menseregte bekragtig het. Hierdie verhandeling berus op die aanname dat Rwanda as 'n demokratiese grondwetlike staat misluk het en dat die sosio-ekonomies-politieke stelsel geheel-en-al verkeerd geloop het. Hoofstuk een argumenteer dat 'n wanbalans voor die kolonisasie en evangelisasie van die land reeds in die Rwandese stelsel ingebou is. Daar was 'konsensus' waarvolgens Tutsis beskou is as 'n superieure minderheidsras wat in staat was om te regeer en te oorheers, wat goed georganiseer was en deur hul Hutu onderdane aanvaar is. Die koloniste en die Katolieke Kerk het hierdie onreg ten voordeel van hul indirekte heerskappy uitgebuit. In 'n wêreld wat op pad was na 'n internasionale menseregtestelsel was die grondslag wat hiervoor in Rwanda gelê is uiters onseker. Swak bestuur van veranderinge wat deur evangelisasie, opvoeding en 'n mark-ekonomie teweeggebring is, het in werklikheid tot miskenning van menseregte gelei. Dit het skeiding tot voordeel van die Hutus vererger, eerder as om nasionale eenheid te versterk. Hoofstuk twee kyk na die Hutu regime as 'n mislukte demokratiese konstitusionele staat in die postkoloniale era, ten spyte van die belofte om die belange van alle Rwandese deur demokrasie en eerbied vir menseregte te dien. In die eenpartystaat het 'n handjievol Hutus die mag en hulpbronne gemonopoliseer. Die institusionele infrastruktuur vir die bestuur van die Staat is opgestel om die belange van die heersersgroep te beveilig en die res van die bevolking te onderdruk. Die Hutu regering het hul veralop Tutsis gewreek deur hulle te vermoor, tot ballingskap te dryf en hul toegang tot openbare sake te weier. Hutu teenstanders, werklik of vermeend, en mense vanaf ander streke as die waarvan die President afkomstig was, is ook van sodanige toegang weerhou. Die verspreiding van mag was doelbewus niks meer as teoreties nie, vandaar die nie-onafhanklikheid van die regbank, inmenging by die funksionering van ander vertakkings van die regering deur die uitvoerende gesag en die misbruik van die wetgewende gesag. In die poging om die regerende groep se hegemonie te bestendig, is die burgerlike samelewing belemmer en is daar van noodtoestande gebruik gemaak om die reg tot lewe, vryheid en die veiligheid van die persoon aan te tas. Baie ander regte is ook geweier, ongeag of die weiering daarvan as gevolg van die nalatenskap van die verlede of die ondemokratiese aard van die Staat en die onderontwikkeldheid van die land moontlik was. Die feit dat die Hutu regering ten opsigte van die bevordering van nasionale eenheid misluk het, het gelei na In menseslagting wat die lewens van vele Tutsis en Hutus geëis het. Terwyl die huidige Tutsi regering homself as verbonde tot demokrasie en menseregte voordoen, argumenteer Hoofstuk drie dat die regering bloot 'n mutatis mutandi weergawe van die Hutu regering is. In werklikheid is die staatsisteem en die hulpbronne deur 'n groep Tutsis gebuit, die res van die Tutsis is sonder hoop gelaat en die Hutus is tot tweederangse burgers gemaak, wat vrede en sekuriteit in gevaar stel. Met die ontwyking van die grondliggende kwessie van nasieskap, het die Verenigde Volke ten opsigte van die handhawing van vrede en sekuriteit gefaal. Die onvermoë om Uganda se aggressie teenoor Rwanda te verdoem, die gedwonge repatriasie van vlugtelinge en die gebrek aan vervolging van Tutsis wat skuldig is aan misdade teen die mensheid het die afstanddoening van internasionale wetgewing en die ondersteuning van die kultuur van straffeloosheid in Rwanda bewys. Desnieteenstaande argumenteer die skrywer dat respek vir menseregte en die instelling van regsoewereiniteit nog steeds deur middel van 'n proses van versoening en heropbouing in Rwanda moontlik gemaak kan word.
3
De, Wet C. "The South African Human Rights Commission and human rights violations in education : an analysis of media reports." Journal for New Generation Sciences, Vol 10, Issue 1: Central University of Technology, Free State, Bloemfontein, 2012. http://hdl.handle.net/11462/596.
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Published ArticleThis article examines how South African newspapers report on the activities of the South African Human Rights Commission (SAHRC) regarding human rights violations in South African schools over a five-year period (1 January 2005 to 31 December 2009). The overarching research question that guided this study is: Can the media play a role in cultivating and creating a particular view of human rights violations in schools and advocate policy change through their framing of the activities of the SAHRC? McManus and Dorfman's guidelines were used to analyse the structural and content frames of 161 articles that were retrieved from the SAMedia database. These news stories provide a glimpse on the wide variety of human rights violations the SAHRC investigated during the five-year period. The interrogation of the two dominant content frames, namely school violence and infringements on learners' rights to basic education, reveals newspapers' superficial and sensationalised coverage of human rights violations. The analysis exposes the media's lack of policy advocacy.
4
Rubagumya, Jean Chrysostome. "Application of international Human Rights instruments (IHRIs) by domestic courts : a comparative study of Rwanda and Ghana." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18622.
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The essence of human rights and their dimension goes beyond national level. It is universal because it is inherent to human kind. The main source of human rights norms is international human rights instruments. The concern for human rights has grown worldwide and therefore they have been given priority by most nations. They are more and more integrated into national legal frameworks mainly in states constitutions with more or less enforcing mechanisms. As far as the realization of rights is concerned various mechanisms are involved on different levels: international, regional and national. Each of the three levels has its advantages and disadvantages. Yet, the local mechanisms appear to be more effective and adequate given the fact that they are closer to the real subject of the rights (the individuals). In point of fact, human rights involve mainly the relationships between individuals and states but sometimes also between individuals living somewhere in a nation.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
5
Makanje, Revai M. "Human rights monitoring in Africa : the African Peer Review Mechanism and the African Commission on Human and Peoples' Rights." Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/1046.
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"The New Partnership for Africa's Development (NEPAD) is an African Union (AU) mandated programme whose main focus is to address key social, economic, and political issues for the African continent. Within the NEPAD programme and vision is the African Peer Review Mechanism (APRM), which has been described as a system of self-assessment, constructive peer dialogue, persuasion, and sharing of experience among member states of the African Union. The APRM is the execution mechanism for NEPAD, whose mandate is to monitor the preformance of states in different programme areas including human rights. The mandate on human rights monitoring falls within the political governance component of the NEPAD Declaration on Democracy, Political, Economic and Corporate Governance (NEPAD Declaration). The APRM has been introduced with a human rights monitoring component in a context where there already exist a number of other human rights mechanisms and institutions such as the African Commission. The proposed processes of the APRM in monitoring human rights in some ways resemble those of the African Commission while at the same time there are major differences between these mechanisms. For example, while the Africa Commission is a quasi-judicial body, which engages in legal processes, the APRM is a political process where heads of state are among the main actors. Some analysts have expressed the view that the creation of the APRM as a political process adds a vital component to the human rights monitoring in Africa which, since the creation of the African Commission, has remained purely legal and thus had limited success in ensuring human rights protection in Africa. While some have shared their doubt over the added value and role of the APRM in human rights monitoring, others have hailed it for providing a forum where heads of state will make political commitments for the protection of human rights. In this regard, the aim of this study is to analyse the role that the APRM will play in human rights monitoring in Africa. This analysis is done in relation to the work that is being done by the African Commission and the challenges that it has confonted over the years. In analysing the role of the APRM in human rights monitoring, this study unpacks the concept of peer review and analyse its practical implementation in Africa, especially in the field of human rights. This study also explores the implications on human rights protection and promotion of the co-existence of the African Commission and the APRM. ... Chapter 1 states the research questions/hypothesis, objectives of the study, relevance of study and literature review. It also looks at the scope and limitations of the study. Chapter 2 gives background information to the concept of peer review, how it is used in ensuring compliance with set standards by states and organisation. An analysis of the use of peer review by other international organisations is done. Further it gives an analysis of the APRM with a specific focus on its human rights monitoring role. Chapter 3 provides a brief background of the African Commission, its mandate and the challenges confronting it in its work. Thereafter there is an analysis of the challenges of the APRM in human rights monitoring and protection. Furthermore, the chapter critically analyses and evaluates peer review and its application in human rights monitoring in Africa. This chapter also highlights the similarities, overlaps and differences in the work and mandate of the APRM and the African Commission. Chapter 4 is the concluding chapter, which also provides recommendations for enhancing the efficiency and the co-operation of the APRM and the African Commission." -- Chapter 1.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Earley, Jack. "Breaking a Violent Cycle: Human Rights and Governance in Post-Genocide Rwanda." Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/cmc_theses/1229.
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This paper explores the apparent contradiction between Rwanda’s impressive and internationally-recognized development in physical, economic and social conditions largely driven by the Kagame’s administration policies and the pervasive human rights violations also resulting from government policy. The author asks the question whether the nation – two decades removed from the 1994 genocide which resulted in the death of 800,000 people in 100 days – is ready and capable of transitioning to a political system and set of policies that value human rights and economic development equally, and whether that transition would reduce the risk of future unrest and violence.
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Toma, Hideko. "Displaced persons and international human rights with reference to Rwanda and Cambodia." Thesis, University of Southampton, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.310574.
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Jardine, Varushka. "The Truth and Reconciliation Commission." Pretoria : [S.n.], 2010. http://upetd.up.ac.za/thesis/available/etd-03112010-141422.
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Chenwi, Lilian Manka. "National human rights institutions: a comparative study of the national commissions of human rights in Cameroon and South Africa." Diss., University of Pretoria, 2002. http://hdl.handle.net/2263/978.
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"Implementation of human rights instruments, and protection and promotion of human rights at the national level is a contemporary phenomenon that is still developing. The African Charter on Human and Peoples' Rights and the Paris Principles provide for the creation of national institutions to carry out this task. This has led to national human rights institutions (NHRIs) becoming more prominent actors in the national, regional and international arena. However, NHRIs still face the problems of legitimacy, operational constraints, and ignorant population. These factors constrain the effective functioning of these institutions. It should be noted that the key constraint on the effective functioning of NHRIs is legitimacy. Such institutions usually find themselves not legitimate in the eyes of the people they are created to serve. The above brings to mind the question - what makes a NHRI effective? Generally, there is no consensus as to the effectiveness of NHRIs This study has therefore been triggered by widespread perceptions and reports within civil society that such institutions are left at the mercy of governments in power. Others have seen such institutions as a "double-edged sword" - in the best of circumstances, they strengthen democratic institutions but they can also be mere straw men, part of government's administrative machinery to scuttle international scrutiny. Another issue that has actuated this study is the misconception that people have about some NHRIs. This misconception originates not so much from the actual operation of human rights commissions but from the history of past ombudsman institutions that have purported to protect human rights." -- Chapter 1.Prepared under the supervision of Professor Michelo Hansungule at the Faculty of Law, University of Pretoria, South Africa
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2002.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
10
Chabane, Polo Evodia. "Enforcement powers of national human rights institutions : a case study of Ghana, South Africa and Uganda." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5295.
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The purpose of this study is to analyse the effectiveness of the Uganda Human Rights Commission UHRC), which possesses judicial powers vis-à-vis the Commission on Human Rights and Administrative Justice of Ghana (CHRAJ) and the South African Human Rights Commission (SAHRC) which do not
possess such powers. The difference notwithstanding, all the three have been rated as the best national
institutions in Africa. Due to time and space constraints, one will focus specifically with the mandates of
the three commissions and in particular, on the different or distinct mandates assigned to them, namely,
that of CHRAJ to deal with corruption, that of SAHRC to deal with economic, cultural and social rights
and UHRC of dealing with torture matters and generally of constituting a tribunal. This study was motivated by the fact that Lesotho will be setting up a national institution in 2008 and one would like to
draw lessons from these institutions and pick up elements that could best suit Lesotho.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof Kofi Quashigah of the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
11
Louw, Lirette. "An analysis of state compliance with the recommendations of the African Commission on Human and Peoples' Rights." Thesis, [Pretoria] : [s.n.], 2005. http://upetd.up.ac.za/thesis/available/etd-11252009-083450/.
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Williams, Shannon Adair. "Human rights in theory and practice, a sociological study of aboriginal peoples and the New Brunswick Human Rights Commission, 1967-1997." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0001/MQ46281.pdf.
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Rutagambwa, Elisee. "Reclaiming the Actual Humanness of the Subject of Rights: Learned Lessons from Rwanda and New Ethical Perspectives." Thesis, Boston College, 2010. http://hdl.handle.net/2345/3724.
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Thesis advisor: David HollenbachDespite the triumphalistic story of human rights progress, the twentieth century has witnessed the bloodiest human rights violation in of all of human history and the death toll of these atrocities has yet to decrease as we proceed into the new millennium. If it is evident that the egregious reality of violation of human rights is widespread and covers a large part of the globe, it is nonetheless also crucial to note that it has particularly taken on unbearable proportions on the African continent. Strangely enough, despite this extremely alarming situation, the world remains stonily undisturbed. One of the most flagrant and upsetting examples of this reality, which has distressed even the most skeptical, is the 1994 genocide of Rwandan Tutsis. In fact, nowhere else has the abstract and idealistic rhetoric of human rights, as well as the international community and the Church's commitment to human rights protection been as deeply demystified and radically questioned as in Rwanda. Hence, the present dissertation raises the question of how human rights discourse can articulate a vision of the subject of right that is not purely abstract and idealistic, but also takes into account the actual humanness of the subject of rights in his or her socio-historical condition. Furthermore, it asks how such a vision, one that is consistent with human rights exercise, can help reconstruct human rights ethics in a way that promotes greater respect for human rights for all, and how it can resolve the problem of apathy in the face of the human cry. In response to the above questions, the dissertation suggests an alternative to the inadequacy of the present human rights discourse that it articulates in two important moments. First, in a critical moment, it uses the tools of both political and liberation theologies in their respective critiques of modernity and colonial legacy of exploitative systems to formulate a threefold argument. This is an argument that challenges the epistemological assumptions, the ideological practical stance, and the perverse operation of human rights in the historical context of Africa in general, and that of Rwanda in particular. In its second moment, the argument relies on the dialogue between political and liberation theologies and, through a creative and internalized reading of their mutually constructive contributions, suggests new possible paths towards a new ethics of human rights. Such an approach not only reclaims the socio-historical conditions of the subject of rights, but it also places her suffering and its redemptive praxis at the heart of ethical concern and the struggle for human rights. Finally, it proposes an ethics that fosters a revolutionary anthropology of the suffering subject as a call to liberation and solidarity, as well as its consequential promotion of social structural transformation
Thesis (PhD) — Boston College, 2010
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: Theology
14
Mutangi, Tarisai. "Fact-finding missions or omissions: a critical analysis of the African Commission on Human and Peoples' Rights and lessons to be learnt from the Inter-American Commission on Human Rights." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1152.
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"Therefore, the aims of the study are to explore the origin, nature and purpose of fact-finding missions, to explore what is currently on the ground, to expose the inherent deficiencies in the current practice, which compromise the missions' capacity to promote and protect human and peoples' rights. Having identified the shortcomings, lessons and inspiration will be drawn from the practice and rules of procedure of other regional and international treaty monitoring bodies, particularly the Inter-American Commission on Human Rights (IACHR). The starting point of the analysis shall be to identify the various fact-finding related issues that arose in the response of the Government of Zimbabwe to the African Commission on Human and Peoples' Rights (ACHPR) report. A survey of the reaction and response of other countries in which similar fact-finding missions were conducted, shall be carried out to gauge the consistence or otherwise in the ACHPR's practice. It shall be strongly suggested that the ACHPR should substantially borrow from other human rights systems, if necessary. After closely observing these issues, the study will come up with a position and firm recommendations to the ACHPR in terms of which its practice can be revamped for the achievement of an effective and progressive promotion and protection of human and peoples' rights as contemplated by the African Charter. ... This study has four chapters. Chapter one constitutes introductory remarks putting the study into context and the justification thereof. Chapter two explores the nature, origin, forms and importance of fact-finding in human rights protection. It searches for the underlying principles governing credible and plausible fact-finding. Chapter three analyses the ACHPR fact-finding practice to see what is there and critically compare it to the IACHR, UN and ILO practice. It aims at demonstrating the strengths and weaknesses of the African system. Chapter four revisits the weaknesses unearthed in chapter three and proposes recommendations for overall improvement. The study concludes by soliciting draft rules of procedure from the general principles explored in chapter two, combined with lessons learnt from other systems in chapter three. The model fact-finding rules of procedures are marked Annexure A at the end of this work." -- Introduction.Thesis (LLM)--University of Pretoria, 2005.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
15
Hofisi, Sharon. "Towards transitional justice in Zimbabwe: the role of the National Peace and Reconciliation Commission and Zimbabwe Human Rights Commission." Thesis, University of Pretoria, 2020. http://hdl.handle.net/2263/77205.
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Transitional justice (TJ) in Zimbabwe can be gleaned as a maze of detached filaments mainly championed by civil society organisations. Though the origins of TJ as a discipline are polemic and debatable, going as far back as Athenian times, TJ was visibilised in the 1990s during the third wave of democratisation, when it developed globally as a self-consolidating field and transdisciplinary concept which focused on outcomes such as prosecution, truth-telling, guarantees for non-recurrence, vetting, and the payment of reparations for victims of conflicts. The traditional focus of TJ was largely template-based or some kind of one-size-fits-all concept which focused on truths and reconciliation concepts. Significantly for victims of violent conflicts, repressive rule and serious human rights abuses, the emerging approach to TJ at the United Nations (UN) and regional institutions such as the African Union (AU) and institutions such as African Commission on Human and Peoples’ Rights (ACHPR) has been to focus on country-specific, localised, and holistic approaches that enhance transformative transitional justice in countries striving to find lasting solutions to deep problems caused by armed conflicts or serious human rights violations.
While there is a robust nexus between human rights, democracy, and TJ, the link is weaker for TJ as it remains an elusive concept in Zimbabwe. Besides, TJ efforts yield different considerations and impacts on racialised, ethnicised, politicised, and institutionalised challenges in Zimbabwe. In most cases, the elusive nature of TJ is felt by victims, their family members, community dwellers, community-based organisations, and faith-based organisations than alleged perpetrators. TJ is perceived in this thesis to be a critical concept that should be properly aligned with internationalised and localised responses. This thesis shows that international agencies now recognise and essentialise the important roles that national institutions (formal or informal), can play in preventing the occurrence and/or recurrence of conflicts and can also play in fostering sustainable cultures of human rights. Specifically, the thesis covers examination of how institutional complementarity between two independent institutions supporting democracy in Zimbabwe; the National Peace and Reconciliation Commission (NPRC) and the Zimbabwe Human Rights Commission (ZHRC) can be innovatively used to enable the Zimbabwean society to formalise transitional or post-conflict justice using the Constitution and international normative frameworks. The overarching research question in this thesis is: what are the main challenges/limitations and opportunities/openings for the ZHRC and the NPRC to advance TJ in Zimbabwe? The specific research questions are 1. What does the international and national TJ normative framework entail and what is its theoretical force? 2. What constitutes a genuinely contextualised and holistic transitional justice in Zimbabwe? 3. How innovative have the NPRC and ZHRC been in making TJ a reality in Zimbabwe? 4. How can the Zimbabwean TJ framework be improved constitutionally, statutorily, and in practice? In this milieu, adherence to the normative principles of domestic constitutionalism, rule of law and human rights is essential to advance TJ and in identifying victims and most affected groups. The NPRC and ZHRC should thus be innovative in utilising international normative frameworks and aligning them with their constitutional mandates that speak to TJ. Sadly though, the NPRC and ZHRC are yet to align their mandates or work to international frameworks. The thesis concludes with an emphasis on the need for a coherent and transformative TJ policy that is informed by the root causes of societal problems in Zimbabwe: racial, ethnic, economic, political, doctrinal, pandemic-induced and so forth. Through constitutionally-established institutional independence, the NPRC, ZHRC and other Chapter 12 institutions supporting democracy in Zimbabwe must thrive on public legitimacy, confidence, and trust to promote dialogic democratisation and democratic consolidation which also recognise that the victim’s voice in TJ initiatives must be prioritised. Lethargic governance, toxic politics and confidence deficits should be addressed from a human rights as well as transformative TJ perspective. Ultimately, the TJ outcomes expected in this thesis should help Zimbabweans fully reconcile, achieve total peace, and move towards permanent healing. A context-sensitive and coherent TJ should be seen as a precious fruit of the normative frameworks espoused by the Constitution and regionalised or globalised TJ frameworks.
Keywords
Independent institutions, reconciliation, healing, peace, human rights institutions, holistic approaches, context-sensitive transitional justice, transformative justice.Thesis (PhD)--University of Pretoria, 2020.
Canon Collins
Centre for Human Rights
PhD
Unrestricted
16
Igweta, Rhoda Nkirote. "The African Commission on Human and Peoples’ Rights and the promotion and protection of prisoner’s rights : an analysis." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8056.
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This study addresses the following questions: (1) What is the human rights situation in prisons in Africa? What challenges do African prisons face in general? (2) Is there a legal framework in place for the protection of prisoners’ rights in Africa and
how does it relate to other human rights instruments? What is the mandate of the
Commission in relation to the prisoners’ rights? (3) What has the Commission done and achieved under its promotional and protection
mandates in respect of prisoners’ rights? Have the various mechanisms been fully utilised
in relation to prisoners’ rights? How has the Commission been able to optimise its
relationship with the states, civil society and national human rights institutions to fully protect these rights? (4) If the conclusion is reached that the Commission has not effectively addressed issues of
prisoners’ rights, how would it do so more effectively?Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Lukas Muntingh and Jamil Mujuzi of the Community Law Centre, Faculty of law, University of the Western Cape, South Africa
http://www.chr.up.ac.za/
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Rattazzi, Erin Alexis. "Narrating rape at the Truth and Reconciliation Commission in South Africa." Master's thesis, University of Cape Town, 2005. http://hdl.handle.net/11427/14273.
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Includes bibliographical references.The seven women who shared their stories of rape at the human rights violation hearings of the Truth and Reconciliation Commission ('TRC') in South Africa offer a nascent public record of women's experiences of rape under apartheid. This project is motivated by a desire to examine how these testimonies of rape were affected by explicit and implicit underlying narrative frameworks associated with the language of the TRC, and that of rape. In particular, this project analyses the extent to which the juxtaposition of these two frameworks at the TRC may have either enabled or constrained the seven women's narratives.
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Khayundi, Francis Bulimo Mapati. "The Kenya National Human Rights Commission and the promotion, protection and monitoring of socio-economic rights in Kenya." Thesis, Rhodes University, 2018. http://hdl.handle.net/10962/60413.
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The promulgation of the 2010 Constitution of Kenya introduced socio-economic rights (SERs) amid widespread poverty and rising inequality. This study seeks to answer the overarching question, what role can the Kenya National Commission on Human Rights (KNCHR) play in promoting, protecting and monitoring SERs in Kenya? Further research questions included whether the KNCHR has the requisite powers to perform its mandate and what lessons could be learned from the South African context. The research sought to understand how the local context affects the ability of KNCHR to carry out its mandate. Likewise, it analyses some of the contributions KNCHR has made in the promotion and protection of SERs while identifying the challenges the Commission faces in carrying out its mandate. Several methodologies were utilised to answer the research questions above. The methodologies included the doctrinal method, analysis of secondary sources and interviews with key informants. A comparative legal research methodology was also employed, with the SAHRC being used as a case study on how NHRIs can promote, protect and monitor SERs. The findings from the research argue that the Paris Principles provide the minimum guidelines on the establishment of NHRIs. Compliance with these Principles has not necessarily guaranteed the effectives of NHRIs. Any assessment of an NHRI should be based on its performance and legitimacy considering the local factors obtaining within its jurisdiction. The domestic protection and judicial enforcement of human rights in Kenya, though crucial to the realisation of SERs, has been fraught with challenges. These challenges have meant that the realisation of SERs has been curtailed and necessitated complementary institutions for human rights to be realised. Given the country’s constitutional architecture, the KNCHR was one such institution that could complement the role of the judiciary given its wide mandate. With SERs a new feature of the 2010 Constitution, the KNCHR had to find ways to promote SERs in the country considering the local peculiarities such as poverty, a highly political climate and lack of political goodwill from the legislature and executive sometime characterised by open hostility. These challenges and the new nature of these rights called for a comparative study with the SAHRC given some similarities between the two jurisdictions. The SAHRC provided valuable lessons having had more experience in dealing with SERs while navigating similar challenges the KNCHR faced or might face. The findings of the research prompted recommendations directed at the KNCHR and other stakeholders, specifically the legislature and executive on how to address the challenges curtailing the performance of the KNCHR in general and particularly ways in which the Commission could go about in promoting, protecting and monitoring SERs.
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Gondwe, Mtendere. "International principles and methods employed by National Human Rights Institutions (NHRIs) as a means of promoting and protecting human rights, a case study of the Malawi Human Rights Commission (MHRC)." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20806.
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This study generally focuses on the important role that National Human Rights Institutions (NHRIs) play in promoting and protecting human rights at the domestic level, hence the need for NHRIs to be effective and efficient in the discharge of their mandate. One way of improving the effectiveness and efficiency of a NHRIs is by ensuring that it adheres to international principles and methods of promoting and protecting human rights as well as by adopting best practices from other NHRIs. The study therefore traces the evolution of NHRIs and their recognition at the international level. It also analyses the different forms in which NHRIs exist and discusses the recommended international principles and standards that act as core minimum in terms of a NHRI's mandate, methods of operation, composition and other guarantees of independence. Due to the fact that states have a wide discretion to devise appropriate means of applying the core minimum principles, this study also presents several best practices from different NHRIs in their implementation of the international principles and standards. Particular attention has been directed at the Malawi Human Rights Commission (MHRC) by assessing whether the MHRC adheres to the international principles and standards in its operations, and to consider whether it could advance human rights better by improving its working methods.
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Dinokopila, Bonolo Ramadi. "Beyond affiliate status : extrapolating the participation of National Human Rights Institutions in the workings of the African Commission on Human and Peoples' Rights." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8006.
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This study investigates the following questions: (1) What is the rationale behind the participation of National Human Rights Institutions (NHRIs) in regional and international human rights mechanisms? (2) What is the role of NHRIs in relation to regional and international human rights mechanisms? (3) What is the role and what could be the role of NHRIs in the work of the African Commission? (4) What are the areas that the NHRIs can work with the African Commission to strengthen the
protection of human rights within their jurisdictions and in Africa? (5) What rules should govern the relationship between the African Commission and NHRIs? The study will further contribute to the broader
understanding of the role of NHRIs at the regional level, with particular reference to Africa, and how that can benefit the African Commission and Africa in generalThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof J. Oloka-Onyango from the Human Rights and Peace Centre (HURIPEC), Faculty of Law, Makerere University, Uganda
http://www.chr.up.ac.za/
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Lempinen, Miko. "The United Nations Commission on Human Rights and the different treatment of governments : an inseparable part of promoting and encouraging respect for human rights? /." Åbo : Åbo Akad. Förl, 2005. http://www.gbv.de/dms/sub-hamburg/489167705.pdf.
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Dumbuya, Lansana. "The Truth and Reconciliation Commission in post-conflict Sierra Leone." Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/988.
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"This work is arranged into six chapters. Beyond the introduction, chapter two highlights atrocities of the war and evaluates the diplomacy process, which eventually resulted in the creation of the TRC. It briefly examines the Abidjan and Conakry Peace Plan and specifically elaborates on the Lome Peace Accord, which finally culminated in the promulgation of the Truth and Reconciliation Act of 2000. The human rights and humanitarian law dimension of the conflict will also be addressed. Chapter three gives a general description of truth commissions and analyse the TRC with specific refernce to its structure, function, jurisdiction, mandate, proceedings, evidence, and its investigative methods, which is the backbone of the Truth Commission. It will aslo assess whether naming names would be a potent tool for the Commission to bring perpetrators to shame. From a human rights perspective chapter four address issues such as healing and reconciliation, truth, forgiveness, and assesses whether they are effective remedies for human rights violations. The issue of amnesty, especially Article IX of the Lome Peace Accord, will be evaluated. This chapter will also discuss the issue of impunity. Chapter five deliberates on the relationship between tribunals and truth commissions generally and specifically elaborate on the TRC and the Special Court with specific reference to their legal framework, composition, jurisdiction, information sharing, and whether both institutions serve as accountability mechanisms. Chapter six concludes the dissertation by determining whether or not there are any lessons one can learn from the Commission. It closes by making recommendations for the smooth functioning of the Commission and how it can effectively contribute to the needs of traumatised societies." -- Chapter 1.Prepared under the supervision of Dr. Jean Allain at the Department of Political Sciences, School of Humanities and Social Sciences, the American University in Cairo, Egypt
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
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Bruno, Menzan. "Determinating the impediments to the efficiency and effectiveness of the national Human Rights commision of Côte d’Ivoire : are the Paris principles a Panacea?" Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/16743.
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In 1991, the first major international gathering on the issue of National Human Rights Institutions (NHRIs) was held from the 7 to the 9 October in Paris during the first International Workshop on National Institutions for the Promotion and Protection of Human Rights under United Nations (UN) auspices. The outcome of such meeting is the Paris Principles adopted by the United Nations Human Rights Commission Resolution 1992/54 of 1992 and the General Assembly Resolution 48/134 of 1993. The Paris Principles relate to the status and functioning of national institutions for protection and promotion of human rights and ‘have become the benchmark against which national human rights institutions are measured'.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr. Solomon Dersso of the Faculty of Law, University of Addis-Ababa. 2010.
http://www.chr.up.ac.za/
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Bortfeld, Mathias. "The African Court on Human and Peoples' Rights:." University of Canterbury. Law, 2008. http://hdl.handle.net/10092/1598.
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This thesis focuses on the establishment and operation of the latest regional Human Rights Court: The African Court on Human and Peoples' Rights. For the development of human rights protection mechanisms within regional organizations the governments of the member states are of special relevance. They pull the strings to either foster and develop a system or to disrupt it. Therefore, following a brief historical introduction, the first chapter gives an overview of the regional African organization, the former Organization of African Unity (OAU) and today's African Union (AU) which was instrumental in the establishment of the African Human Rights System and has now enhanced it by adding a judicial authority. However, it will become clear that is has taken a long time for the OAU to put human rights violations within the borders of its own member states on its agenda: Not until there was increasing international pressure due to never-ending excrescences of violence in the dictatorial regimes in Africa did the OAU carefully attend to this matter in the late 1970s. Its efforts culminated in the adoption of the African Charter on Human and Peoples' Rights (the eponymous Banjul Charter) which entered into force in 1981. The body for the protection created by the Charter was the African Commission on Human and Peoples' Rights which took up its function in 1987. Since the newly established African Court is not supposed to replace the Commission but rather to strengthen it, the Court operates in concert with the Commission. Therefore the old protection system will still be applicable which deems a portrayal of the system in the following chapter necessary. Here, it will be outlined, that the competences of the Commission remain very limited and that its judicial impact on the State parties involved in its protection procedures has been nearly nil up to this very day. Against this background the next chapter focuses on the Protocol to the Banjul-Charter establishing the African Court on Human and Peoples' Rights. First, the historical-political background and the protocol's juridical formulation process are examined. Here it will be shown that the end of global bipolarity has had a remarkable impact on the political protagonists in Africa with the effect that the increasing demands for a human rights Court within the OAU no longer remained completely unheard. It will also be outlined that the path towards the adoption of the protocol has been long and difficult. After a short survey of the organisational structure of the Court it will become clear that the protocol follows to a large extend its Inter-American counterpart concerning the institutional embodiment. However, a remarkable and, in international comparison, a unique achievement has also been achieved by the institutional regulations by making gender equality has one of the key issues to encompass when it comes to the nomination and election of judges. The following chapters outline the jurisdiction of the Court and the judicial process before the Court. In this connection the admissibility criteria will be highlighted in which two remarkable regulations stand out: First, it will become clear that in contrast to other regional human rights courts individuals and NGOs alike are entitled to file a complaint with the African Court (even though initially with the help of the Commission, since the protocol makes the complaint authority of individuals and NGOs dependent of a special declaration of acceptance of the State Parties concerned). Moreover, also unique compared to international two-tier human rights procedures, the protocol does not include a provision according to which a complainant would be obliged to go through a prior Commission procedure before filing a complaint with the Court. Individual complainants rather have direct access to the Court once a declaration of acceptance has been submitted by a State Party to the protocol. Following short remarks on the competence of the Court to issue provisional measures which, among other things, reveal that these measures have, in contrast to those of the ECtHR, binding effect the procedural termination of a complaint comes into focus. Here, the possible contents of the rulings and the control mechanisms for their implementation are being contemplated in a detailed fashion. This last aspect most probably will have great influence on the fate of the Court since the Commission for its part had to a large extent no success due to the fact that it had no conventional implementation procedures to rely on. Therefore, in the vast majority of cases the findings of the Commission trailed off without any State Party concerned paying any attention to it. The drafters of the protocol establishing the Court obviously have learned this lesson since the protocol provides for a quite remarkable implementation mechanism that may be able to impose political and legal pressure alike on State Parties if the Court deems that they have not properly complied with a Court's ruling. Even sanctions within the African Union against a recusant State come into question from a legal point of view - a quantum leap regarding the legal situation under the Banjul Charter. The last chapter rehearses the main findings of the thesis and concludes with a positive outlook on the future development of the African human rights system.
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Mollvik, Lia. "Are Children Seeds or Are They Soil? : A Comparison between Martha Nussbaum’s Capability Approach and Utilitarian Philosophy applied to Critical Thinking in the Rwandan Education System." Thesis, Uppsala universitet, Teologiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-254488.
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Much research has been done within the field of Education on how to integrate Human Rights in education, both as a class subject and as a value system. Similarly, the research field of Education also contains many discussions of how “critical thinking” is taught and what its role in education is and should be. This thesis instead approaches the topic from “the other way round” so to speak, by using a “human rights lens” to explore ethical and political views on the goals of education generally and the role of critical thinking in education particularly, as they appear within a particular educational context – Rwanda’s education system. The philosophy of education of utilitarianism and that of Martha Nussbaum’s Capability Approach are here compared and contrasted with each other and act as a theoretical framework for understanding the Rwandan education system as it appears through the reading of policy documents and through the experience of a selected group of Rwandan primary and secondary school students. The thesis argues that an ethically acceptable and stable philosophy of education should spring from a conception of human beings as ends and not means. Starting with such a conception of human beings, the goal of education becomes that of developing each individual’s capabilities to their fullest potential. Additionally, the thesis argues that the role of critical thinking in education should be regarded as central, as the capability for critical thinking enhances the flourishing of other human capabilities.
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Berry, Didier Nibogora. "The right to reparations in the context of transitional justice: lessons for Burundi from South Africa, Chile, Peru and Colombia." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4501_1360923367.
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Drawing lessons from South Africa, Chile, Peru and Colombia, the study seeks to contribute to the debate around reparations in a society where the likelihood of prosecutions against suspected perpetrators is limited.
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Gidwani, Anoop Gulab. "The impact and accountability implications of the Bill of Rights in relation to the Independent Commission Against Corruption." Thesis, [Hong Kong : University of Hong Kong], 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13762175.
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Chow, Lok-ning Eric. "Policy-making in an executive-led government : an analysis of the equal opportunities bill and the human rights and equal opportunities commission bill /." Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B1750790X.
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Kocabaş, Sadık Metin Yüksel. "Avrupa İnsan Hakları Sözleşmesi'nin taraf devletlere yüklediği pozitif yükümlülükler /." Isparta : SDÜ Sosyal Bilimler Enstitüsü, 2009. http://tez.sdu.edu.tr/Tezler/TS00725.pdf.
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Murray, Rachel. "The contribution of the African Commission on Human and People's Rights to the development of international law." Thesis, University of the West of England, Bristol, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.297890.
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Kaminer, Debra. "Truth commission testimony : relation to psychiatric status and forgiveness among South African survivors of human rights violations." Doctoral thesis, University of Cape Town, 2005. http://hdl.handle.net/11427/8038.
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The present study aimed to examine the degree to which giving TRC testimony is related to current psychiatric status and forgiveness attitudes among survivors of human rights abuses. A literature review examined the degree to which the TRC's claims are supported by the existing theoretical and empirical literature on trauma narratives and on forgiveness, and guided the way that psychological outcomes were assessed in the current study. Sunivors (n=134) who gave public, private or no testimony to the TRC completed standardised instruments measuring demographic variables, exposure to human rights abuses, current psychiatric status and forgiveness attitudes towards the perpetrator(s).
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McConnell, Jesse. "A just culture : restoring justice towards a culture of human rights." Thesis, Rhodes University, 2005. http://hdl.handle.net/10962/d1007594.
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This thesis seeks to investigate the possibility that the binary opposition between retributive and restorative forms of justice that structures the discourse on justice is unhelpful and unnecessary, particularly for societies seeking to extricate themselves from violent conflict and towards building peace and democracy. I shall argue for the importance of considering restorative justice as conceptually and historically prior to the possibility of retributive justice rather than the negation of one or the other, as well as advocate the potentially greater transformative power of the values of restorative justice which may provide a constructive alternative to retributive justice in the context of post-conflict peacebuilding.
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Ali, Abdi Jibril. "The African Commission on Human and Peoples' Rights and the Regional Economic Communities: the need for co-operation." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/12467.
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Explores the relationship between Regional Economic Communities (REC) and the African Commission on Human and People's Rights. Examines the causes of proliferation of RECs in Africa and the rationale for their
involvement in human rights matters and illustrates the contribution of RECs to the promotion and protection of human rights in
Africa.Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of EK Quashigah, Faculty of Law, University of Ghana, Ghana.
Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2009.
http://www.chr.up.ac.za/
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Akolwa, Inutu. "A critique of the efficacy of the communications procedure of the African commission on Human and Peoples' Rights." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/64620.
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The study aims at showing how the African human rights system provides protection to its
people, while trying to assess how effective the system is. The study attempts to show the
relevance of the African system as a home-grown system in the realm of international human
rights protection today.
The study discusses the African Union (AU) human rights architecture. The AU’s mandate on
human rights is set out, outlining its institutional and normative framework for the protection of
human rights.
The study also analyses the normative framework on the African Charter on Human and Peoples’
Rights (Charter). Discussed are the rights and duties proclaimed by the Charter. The measures
taken to safeguard these are also discussed highlighting the establishment of the African
Commission on Human and Peoples’ Rights (Commission) and its mandate and procedure.
The African Commission on Human and Peoples’ Rights is identified as the main enforcement
mechanism under the African Charter. An overview of the institutional and normative
framework for human rights protection under the Commission is given. From this it is
established that the communications procedure is an important means by which the Commission
can fulfil its protection mandate.
A detailed explanation of the communication procedure in practice with consideration of the
Rules of Procedure of the Commission is given. Its successes are balanced against its failings
through a comparative analysis.
From the analysis herein the researcher concludes that the irregularities in the system, are
adversely affecting the efficacy of its human protection mechanism, to this end the study
concludes by giving recommendations to pertinent stakeholders aimed at enhancing the efficacy
of the communications procedure of the African Commission by directly and indirectly
addressing the challenges highlighted in the study.Mini Dissertation (LLM)--University of Pretoria, 2017.
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Gutter, Jeroen. "Thematic procedures of the United Nations Commission on Human Rights and International Law: in search of a sense of community /." Antwerpen [u.a.] : Intersentia, 2006. http://www.loc.gov/catdir/toc/fy0710/2007397605.html.
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Deyi, Busiswe. "When rights collide with reality : an argument for dialogic approach by the African court on Human and Peoples' Rights to the 'effective remedy' principle based on a distributive justice Ethos." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18623.
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The African Court on Human and Peoples’ Rights (AfCHPR) was created amidst great criticism to the ineffectiveness of the African Commission on Human and Peoples’ Rights (AfCmHPR) in protecting human rights on the content. After much debate, spanning four decades the Protocol on the Establishment of an African Court on Human and Peoples’ Rights (the Protocol) was adopted by the Organisation of African Unity Assembly and entered into force on the 25th of January 2004. Later the 4th AU summit in January 2006 elected the eleven judges of the Court.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
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Chow, Lok-ning Eric, and 周樂寧. "Policy-making in an executive-led government: an analysis of the equal opportunities bill and the human rights andequal opportunities commission bill." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31964916.
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Adonis, Cyril Kenneth. "An investigation into the structure and process of forgiveness following gross human rights violations." Thesis, Rhodes University, 1999. http://hdl.handle.net/10962/d1002430.
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This study focuses on the structure and process of forgiveness as experienced by individuals, from the East London and surrounding areas, who either suffered gross human rights violations or who are related to someone who suffered gross human rights violations during the Apartheid era. Those who participated in the study testified at the Truth and Reconciliation Commission and expressed forgiveness towards the perpetrators of the violations. The aims of the study were to reveal: the participants' structure cif forgiveness, i.e. how they define forgiveness; the process of forgiveness, i.e. the changes that took place from the time of the violation up until the participants forgave the perpetrators: and, the relation. if any. between the participants' structure and process of forgiveness. It is argued that mainstream Psychology has neglected to study forgiveness because the subject matter is incompatible with the natural scientific method. For this reason, the study was approached from a hermeneutical paradigm. This was motivated by its ability to explicate the meaning and content of phenomena. Unstructured qualitative interviews were conducted with the participants. Data was analyzed using a multi-layered process of progressively deeper interpretation, employing a reading guide technique. Results indicated that authentic forgiveness is an unconditional commitment on the part of victims and survivors to relate positively towards the perpetrators. The relationship should include non-bitterness, non-vengeance, unconditional love and respect for their human rights. Another significant dimension of the structure of forgiveness is the fact that the desire for the truth is not abandoned although forgiveness has taken place. Forgiveness also does not take away the effects of the violation. This means that one does not forget although forgiveness has been granted. Results further indicate that the forgiveness process is highly complex, individualized and not instantaneous. The individuals have to deal with various intrapersonal conflicts and anxieties as a result of the violation, before forgiveness is explored as an option, and before they can finally forgive. Significant interrelations between the structure and process of forgiveness were also identified.
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Nuwagaba, Edgar. "An analysis of the approaches of the African Commission to the socio-economic rights provisions of the African Charter : a comparative analysis with European and inter-American regional systems." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/4837.
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Magister Artium (Development Studies) - MA(DVS)This study adopts a comparative approach to analysing the realisation of socioeconomic rights by the African Commission on Human and Peoples’ Rights as compared with the European Commission and the Inter-American Commission. It examines the different approaches the Commission has adopted in interpreting the socioeconomic rights provision of the African Charter on Human and Peoples’ Rights with a view to assessing its appropriateness or otherwise. In addition, the study discusses some of the major challenges facing the African Commission which sometimes makes it difficult for the Commission to meet its obligations in realising socioeconomic rights guaranteed in the Charter. It then compares the approach of the African Commission with other regional human rights bodies such as the European Courts on Human Rights and the Intern-American Commission on Human Rights. It concludes by noting that the African Commission can learn some lessons from the experiences of the European and Inter-American systems on human rights with regard to the realisation of socioeconomic rights.
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Otsuki, Tomoe. "Memory of justice : dealing with the past violation of human rights : the politics of Indonesia's Truth and Reconciliation Commission." Thesis, University of British Columbia, 2008. http://hdl.handle.net/2429/5034.
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In the last two decades, many countries going through transitional justice
have established truth commissions. Unlike conventional war tribunals, most truth
commissions are established by the local government and local human rights
groups. Truth commissions are still a nascent political choice, yet a sizable
literature has developed around it, evaluating its potential as a new institution for
dealing with the past and moving towards restorative justice. This work examines
four major questions debated in the transitional justice literature over truth versus
justice: 1) whether or not a truth commission is an valid alternative mechanism to
seeking out retributive justice, 2) whether or not truth commissions are the product
of political compromise which avoiding justice, 3) if truth commissions can be the
agent of new national identity and national unity founded on the principles of
universal human rights, and 4) if amnesty can be legitimized. This work aims to
determine to what extent the idea itself of truth commissions has been actualized
up to now and what lot it may expect in the future, despite incidental political
restrictions and difficulties in the political transition. Despite the common assertion
that the goals of truth commissions are to bring about official acknowledgment of
the past, restore the dignity of the victims, and achieve reconciliation in divided
society, this paper does not intend to evaluate the truth commissions in the past
based on these criteria; nor does this work intend to argue what truth commissions
can resolve in the transitional justice societies. Rather, this paper seeks to uncover what social reaction or human emotions truth commissions in the past have evoked
in a divided society. To explore the question, this paper focuses on the distinctive
activities and merits of truth commissions from the standpoint of retributive justice
and looks into the important implication in the interaction between the victims and
the perpetrators, as well as between the audience and those two parties. Roger
Errera, a member of the French Conseil d’Etat, stated that “Memory is the ultimate
form of justice.” Inspired by the statement, this work argues that justice can be
found in the act of pursing truth, remembering it, and responding to those voices
from the past.
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Kgalema, Lazarus. "Making amends : the psychological impact of South Africa's Truth and Reconciliation Commission on victims of gross human rights violations." Master's thesis, University of Cape Town, 2002. http://hdl.handle.net/11427/7935.
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Bibliography: leaves 71-77.South Africa established Truth and Reconciliation Commission (TRC) in 1995 to facilitate its nation building. The task of the Commission was to recover truth about the country's past human rights abuse and recommend a policy on reparations for the victims. This study evaluates the impact of the TRC's work of truth recovery and policy on reparations on the reconciliation process. It specifically explores opinions and views of versions of representatives (victims, political parties, former TRC members and Non Governmental Organisations) regarding the impact of TRC's truth recovery and reparations policy on the process of reconciliation. The study found, according to views of respondents interviewed here, that recovery of truth is significant in the process reconciliation. It was specifically found that truth that comes through confession will lead to healing of victims and reconcile them with perpetrators. While truth that comes through state intervention involving investigations and prosecutions may also lead to healing of victims when seeing justice meted out to the wrong doers, this method of truth recovery may alienate perpetrators.
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Tavares, Furtado Henrique. "Politics of impunity : rethinking the representations of violence through the disciplinary role of the Brazilian Truth Commission." Thesis, University of Manchester, 2016. https://www.research.manchester.ac.uk/portal/en/theses/politics-of-impunity-rethinking-the-representations-of-violence-through-the-disciplinary-role-of-the-brazilian-truth-commission(23959e88-7dbb-491a-b329-7330d8813deb).html.
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This thesis is a critique of liberal humanitarian representations of violence in the context of Post-Conflict or Post-Authoritarian struggles against impunity. In particular, it addresses the argument of “cultures of impunity” whereby punishing perpetrators of violations of human rights in transitional societies prevents the endorsement of regimes of silence and the normalisation of wrongdoing. Drawing on a Deconstructivist and Disciplinary methodology this thesis argues that debates about punishment or forgiveness in the aftermath of systematic violence have a wider political meaning and a particular historical function. Instead of mere responses to an external reality “punishment vs. impunity” debates also have a productive facet: because they represent violence in a liberal humanitarian frame, they produce a postconflictual ethos that defines (1) the modes of acceptable political resistance in the present and (2) the achievable limits of justice in the future. In order to explain this wider “politics of impunity” this thesis focuses on the Brazilian transitional case, from the end of the Dirty War in the 1970s to the establishment of the National Truth Commission (2012-2014). As such, it rejects the explanation of Brazil as a quintessential “culture of impunity,” a reasoning that blames the amnesty of perpetrators after the militarised dictatorship (1964-1985) for instituting a regime of silence about the past and creating the conditions for an eternal state of exception in Brazil. Although it recognises the merits of this logic, this work argues against it, reassessing the question in a rather different perspective. First, the thesis suggests a methodological twist: moving focus away from the conditions of implementation of justice in post-conflict and post-authoritarian scenarios into the conditions of possibility of the promise of “never again”. This thesis analyses truth commissions, criminal tribunals, and reparation programmes as parts of a historically situated set of disciplines; that is, as the conjunction between a body of knowledge and modes of conduct centred on a specific representation of violence as an intentional, cyclical, and exceptional phenomenon. In other words, it is by narrowing down what violence is that struggles against impunity can promise a future of non-recurrence. Second, the thesis then describes how this representations of violence were mobilised in order to historically produce a postconflictual reality in Brazil. By analysing the trajectory of the memory struggles (1975-) I explain how this postconflictual reality redefined the meaning of political resistance after the Dirty/Cold War, and by looking at the work of the truth commission I describe in what sense it creates a parsimonious promise of justice.
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Kabagambe, Agaba Daphine. "Analysing human rights accountability towards ending preventable maternal morbidity and morality in Uganda." University of the Western Cape, 2017. http://hdl.handle.net/11394/6304.
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Doctor Legum - LLDThe persistence of preventable Maternal Morbidity and Mortality (hereafter MMM), in the developing world, despite ground breaking technological and scientific advances, is unacceptable. There is no cause of death and disability for men between ages 15 and 44 that comes close to the large scale of maternal mortality and morbidity. Thus, the prevalence of high MMM ratios indicates the side-lining of women's rights. Surprisingly, the causal factors of preventable MMM and interventions needed to reverse the pervasively high numbers are now well known. Yet, hundreds of women continue to die daily and to suffer lifelong illnesses while giving birth. In Uganda, despite various regulatory, policy and programmatic strategies, the most recent survey revealed that the maternal mortality ratios were at a staggering 438 per 100,000 live births.
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Nanima, Robert Doya. "A critique of the jurisprudence of the African commission regarding evidence in relation to human rights violations: A need for reform?" University of the Western Cape, 2018. http://hdl.handle.net/11394/6562.
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Doctor Legum - LLDThe success of any human rights system at the domestic, regional or international level requires an adequate development of the normative, institutional and jurisprudential frameworks. With regard to the African Commission, its approach on the normative and jurisprudential framework on evidence obtained through human rights violations is critiqued. The study is guided by three research questions on the African Commission’s normative and jurisprudential framework, and interrogates the need for improvement. While other human rights bodies like the European Court of Human Rights and the Human Rights Committee have developed jurisprudence, their experiences can only be useful to Africa where they are subjected to a framework that speaks to an accused, in Africa in light of his or her peculiar situation. An evaluation of the African Commission’s mode of dealing with evidence obtained through human rights violations, followed by an evaluation of the mode engaged by other human rights bodies offers a platform to selectively, and with necessary adoption recommend a framework that the Africa Commission can use to improve its jurisprudence. In this regard, the study draws on the experiences of other human rights bodies to aid, the development of a framework to improve the jurisprudence of the African Commission. The study situates theoretical underpinnings that inform the decisions of the African Commission, the European Court of Human Rights and the Human Rights Committee. This is followed by an evaluation of the normative and jurisprudential frameworks of the three human rights bodies. The study proposes a framework based on a victim-centred approach to improve the jurisprudence of the African Commission on evidence obtained through human rights violations.
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Parker-Jenkins, Marie. "The shifting status of teachers in the United Kingdom with reference to the European Court and Commission of Human Rights." Thesis, University of Nottingham, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.330114.
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This thesis focuses on the shifting status of teachers in the United Kingdom which results from the findings of the European Court and Commission of Human Rights on cases involving corporal punishment. Teachers have traditionally held a right to administer corporal punishment to pupils with whom they stand "in loco parentis" and providing that it was moderate and reasonable, they have been provided with a defence against a charge of assault. The position began to alter when education became compulsory in the 1870's, but there was no effective legal remedy until 1949. At this time, Britain joined the Council of Europe and became a party to the European Convention on Human Rights, subsequently recognising the competence of its chief enforcement agencies, the European Court and Commission of Human Rights. A number of important decisions have been provided by these bodies regarding the use of corporal punishment in British schools which imply an unwillingness to endorse its use. Moreover, as the only Member- State, prior to 1987, which still employed this disciplinary sanction, Britain appeared to be clearly out of step with the rest of Western Europe. The Government moved some distance towards rectifying the problem by enacting the Education (No. 2) Act (1986). This statute contains a number of shortcomings, however, in that some categories of pupils are still liable to receive corporal punishment. What also remains unclear is the new status that teachers will occupy as a consequence of this legislative enactment. Indeed, the teacher's right to inflict physical punishment has now been severely fettered and whilst the notion of "in loco parentis" is not rendered defunct as an educational doctrine, there is a pressing need for redefinition of the concept. The thesis employed six methods of research: (a) a literature review examining the growth and development of the teaching profession; the historical relationship between teacher and pupil; judicial interpretation of the Common Law right to administer corporal punishment within the context of the "in loco parentis" doctrine; and the origins and workings of the European Court and Commission(b) monitoring and analysing the legal transcripts of British corporal punishment cases adjudicated by the European Court and examination of cases pending; (c) a review of European cases taken to Strasbourg pertaining to education; (d) fieldwork which involved in-depth focussed interviews with parties concerned with the educational, legal and political concerns of the litigation both in the United Kingdom and in Strasbourg; (e) examination and analysis of primary source information made available by the Council of Europe regarding the jurisprudence of the Court; and (f) related secondary source material, reflecting contemporary developments in education, especially those of a legislative nature precipitated by the Court's judgements. The legal arguments emerging from the United Kingdom corporal punishment cases centre on the issues of "the right to education", respect for parents' "philosophical convictions" and the "degrading" nature of physical chastisement. Observed from a broader perspective, the litigation also raises concerns about the very essence of the British educational and political systems, namely: the authority of the teacher; the concept of corporal punishment; and the doctrine of parliamentary sovereignty. Further, the human rights of pupils in the school system are highlighted and the limitations they may present to the teacher's authority, together with the interaction between British education law and the European Convention. Finally, the implications of the Strasbourg findings demand critical analysis, since, alternative sanctions to corporal punishment may ultimately require support, both legislative and financial, in order to be effective. Accordingly, the consequences for educationalists, politicians and administrators are far-reaching, necessarily precipitating a significant change to what can hitherto be considered a relatively "in stasis" profession.
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Dancy, Geoffrey Thomas. "Do As They Say, and As They Do: An Integrated Approach to the Study of Norm Influence on Truth Commission Initiation, 1976-2003." Thesis, University of North Texas, 2006. https://digital.library.unt.edu/ark:/67531/metadc5381/.
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Truth commissions are bodies established in political transition, and they have the stated purpose of reckoning with human rights abuses committed by members of former regimes. The question driving this research is "Why have truth commissions increased so rapidly in the last 20 years?" This study moves beyond current research, which suggests that particular domestic political circumstances alone determine choice of transitional justice mechanisms. I argue that an international rule of behavior, the transitional restorative norm, has emerged and spread to decision-makers in countries of transition. In support of this notion, I perform a pre-theoretical historical analysis of transitional justice and develop a theory of decision-making in transition-which is later tested with quantitative statistics. This integrated approach allows for increased scientific rigor in the examination of international norms. Ultimately, the study demonstrates an interrelationship between shared ideas and political environments in the determination of domestic policy.
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Kriel, Hennie. "Conflict transformation in South Africa : the impact of the Truth & Reconciliation Commission on social identity transformation /." Link to the online version, 2007. http://hdl.handle.net/10019/660.
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Söderlund, Erik. "Transnational Corporations and Human Rights : Assessing the position of TNCs within international human rights law, and the appropriateness of an international treaty on business and human rights." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-363144.
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Transnational corporations are playing an important role in the global economy of today. Many of these corporations have great economic resources and have the possibility of contributing to the development of societies in developing states. At the same time, in their search for profit, the activities of TNCs have proven fatal to some of the individuals employed by them, or otherwise in contact with their activities. Within the international legal framework, corporations are not traditionally treated as subjects and if a TNC allocates its production to a state with lax human rights protection, no binding international standards exist to regulate the conduct of the corporation. In my thesis I will assess the position of TNCs under the present core human rights instruments and soft law initiatives. I will also analyze a draft treaty text produced by the Intergovernmental Working Group on Business and Human Rights, released in July 2018, to reach a conclusion on whether such an instrument would affect the international legal status of TNCs and provide a more robust protection of international human rights.
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Rubasha, Herbert. "Appreciating diversity : is the doctrine of margin of appreciation as applied in the European Court of Human Rights relevant in the African human rights system?" Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1228.
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"The purpose of this study is to interrogate the doctrine of margin of appreciation as applied in the European Court of Human Rights and establish amenable lessos to the African human rights system. As such, the author will be able to draw appropriate and informed recommendations on the prospects of the doctrine in African context. In other words, the study proceeds from the approach that 'diversity' alone is not enough to guarantee application of margin of appreciation. Rather, a variety of factors come into consideration while weighing whether margin of appreciation should be granted to states. Indeed, such benchmarks will inform the discourse of this study, while at the same time acknowledging that a comparative study between European and African systems cannot be possible. The premise for disqualifying a comparison assumes that margin of appreciation presupposes a democratic society. Thus, while the member states of the ECHR have attained high levels of human rights records, some of their counterparts in Africa are still marred by embarrassing human rights records." -- Preamble.
"Chapter one introduces the study and the context in which it is set. It highlights the basis and structure of the study. Chapter two makes reference to the connotation, origin and development of the doctrine of margin of appreciation. It discusses also contours and varying degrees of the doctrine's application with particular regard to respect of the rule of law. In addition, difficulties linked to the doctrine are highlighted. Chapter three highlights policy grounds underlying margin of appreciation in the European Court of Human Rights. It starts from most decisive policy grounds and moves to weaker ones. Chapter four examines the legal basis for application of the doctrine of margin of appreciation under the African Charter. It further notes the attitude of African states through their submissions claiming margin. The Prince case as the first of its kind to invoke margin of appreciation is discussed. Chapter five attempts to identify the defensibility and indefensibility of the doctrine in [the] African human rights system. Chapter six consists of a summary of the presentation and the conclusions drawn from the entire study." -- Introduction.Prepared under the supervision of Prof. Gilles Cistac at the Faculty of Law, Universidade Eduardo Mondlane, Maputo, Mocambique
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Carman, Marina School of Politics & International Relations UNSW. "Responsibility and accountability in theory and practice: the truth and reconciliation commission???s investigation of human rights abuse in South Africa." Awarded by:University of New South Wales. School of Politics and International Relations, 2005. http://handle.unsw.edu.au/1959.4/23475.
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The main aims of the investigation conducted here are to draw out important debates in theory and in the South African social context over the concepts of responsibility and accountability for human rights abuse, and to look at how these were present within, and impacted on, discussions within and around the Truth and Reconciliation Commission. The TRC did not specifically discuss or define theoretical concepts of responsibility or accountability. However, I argue that it is possible to draw out some important features of its implicit approach ??? particularly in terms of its emphasis on collective responsibility and social context (in addition to individual responsibility), and its emphasis on moral arguments for individuals and collectives to accept responsibility and hold themselves accountable by contributing to future change. This ambitious and complex approach raised some important theoretical issues, which have been discussed and debated in the theoretical literature. These include: the relationship between individual responsibility, collective responsibility and the influence of ???the system???; the nature of collective responsibility; the nature of morality; the distinction between moral and political responsibility; and how individuals and collectives can or should be held accountable. In South Africa, these theoretical debates inter-mingled with a range of other factors, including individual and collective interests, motives and political perspectives. From an analysis of the existing literature on the TRC and original interviews conducted with key informants, I draw out three main opposing views which I argue arose in the South African social context about responsibility and accountability, and what the TRC could and should have done to address these. In a detailed analysis of the TRC???s hearings and Final Report, I draw out how theoretical debates, and these three opposing views, were present within and impacted on the TRC???s work. I argue that it was impossible for the TRC to satisfy everyone and resolve these debates, and that its approach led to unrealistic expectations of its work and its role more generally. This has impacted negatively on how the TRC was and is perceived.