This dissertation provides a critical gender analysis of the Kenyan Truth, Justice and Reconciliation Commission's (TJRC) recommendations for reparations. While 'gender' describes the form of analysis undertaken, this dissertation is focused on how gender has interacted with other factors to influence women and girls' experiences of violence and harm during the TJRC's post-independence mandate period (1963 to early 2008) and whether or not the TJRC's proposed reparations program offers gender-sensitive remedies. Therefore, the main question this dissertation seeks to determine is: to what extent does the TJRC's Reparations Framework a) address the types of violence and harm commonly experienced by women, b) encourage their participation in developing the framework, c) promote a change to female victims and survivors' lived realities and d) address the root causes of this violence? This question is explored through an examination of primary and secondary sources such as empirical research on violence against women in Kenya, academic theory on gender-sensitive reparations programs, reports and literature produced by civil society institutions and the TJRC's Final Report. The dissertation's analysis draws on normative theory regarding reparations from scholars such as de Greiff (2006) and Hamber (2009) among others. The civil society document, The Nairobi Declaration (2007) and the literature on gender sensitive reparations, specifically that of Rubio-Marin (2009), Manjoo (2010), Duggan and Jacobson (2009), Durbach and Chappell (2014) act as guideposts for this analysis. This literature establishes the basic elements of any gender-sensitive reparations framework, namely: participation, rehabilitation and transformation. Overall, the TJRC was dedicated to understanding women's experiences of human rights violations and recommending remedy to women acutely impacted by violence. However, due to limited funds, controversies over the suitability of its Chairman, Bethuel Kiplagat, a poor relationship with civil society and oversights of its own, the Commission faced difficulty in securing meaningful participation of women in the development of its recommendations for reparations. However, notwithstanding a few oversights, it is argued that the content of the TJRC's recommendations for reparations are gender sensitive. Given the gravity of violence and the massive numbers of victims in need of redress, the recommendations for reparations separate victims in terms of violations endured and their level of vulnerability. Overall, this eligibility criterion is responsive to the types of violence and harm commonly endured by women. The TJRC's proposed reparations include elements of acknowledgement, rehabilitation, prevention and transformation. With the Commission's recommendations to provide medical and psychosocial vouchers, pensions as well as collective reparations in the form of official acknowledgment, institutional reforms and gender violence recovery centers, the reparations program has the potential to impact both the lived experiences of victims and survivors as well as in a small way, subvert Kenya's deeply entrenched gender hierarchy. With a combination of individual and collective reparations, the TJRC's recommendations for reparations, if implemented, could play a role in combating the micro and macro impact of gendered violence in Kenyan society.

The Marikana Massacre of 16th August 2012 was a watershed moment for post- Apartheid South African politics. News headlines and images depicting an ANC-led South African police killing 44 unarmed miners, striking for a wage increase, ruptured the TRC's official narrative that state violence of this proportion belonged to a bygone colonial, or Apartheid past. Following the massacre, the Marikana Commission of Inquiry was launched as an official inquiry into what was referred to as the 'tragic incidents at Marikana'. However, as the Commission conducted its work its actual role became increasingly ambivalent and ambiguous to the public, as well as to witnesses who testified. Legally, it was a judicial commission of inquiry with a strict fact-finding mandate, yet the official discourse invoked suggests it had additional distinctive aims to achieve 'truth, restoration, and justice', which are functions traditionally associated with Truth Commissions, in the field of Transitional Justice, and more particularly with South Africa's TRC. This ambiguity in the Marikana Commission's function points to the larger issue that this thesis addresses – the ambiguity in the exact role and function of, as well as the relationship between, generic commissions of inquiry and Truth Commissions. The functions are interrogated using the concept of 'tumult commissions', introduced by Adam Sitze-- a subtype of commission of inquiry used by colonial administrations in lieu of criminal tribunals, to investigate political violence following the State's violent suppression of some major insurgency. Over and above 'fact-finding', Sitze claims that 'tumult commissions' were political tools deployed to 'whitewash' and justify State killings as unfortunate necessities in order to restore peace and order, and to legitimate the authority of the state. I anchor the current ambiguity in the role of the Marikana Commission, both in legal capacity, its method and official discourse, in a longer historical trajectory that extends from the Jamaica Royal Commission (1866) to the Sharpeville Commission (1960) and the TRC (1996-1998). The notion of official truth-seeking is problematised using an analytical framework that distinguishes between objective 'fact-finding', 'truthseeking' and the various associated narrative genres of 'tumult commissions' and 'truth commissions'. Through a critical analysis of canonic academic literature, official commission reports and legislation, the thesis highlights glaring contradictions and inconsistencies in claims to official 'truth-seeking' when combined with quasi-judicial aims to achieve accountability and 'justice'. It concludes that the 'truth' of 'official' truth-seeking commissions is always constrained by the overall objectives of the government of the day. Although the TRC was able to promote a more open and inclusive institution to deal with the intractable issues of 'truth' and 'accountability' following state-sanctioned violence, the cases show that when broader social and economic issues are excluded from the 'regime of truth' of official commissions, it only creates fertile soil in which similar tragedies may reoccur in a post-colonial, and post- TRC South Africa.

Includes bibliographical references. / In international criminal law, the application of the principle of concurrent jurisdiction necessitates the existence of two types of Courts: a national court and an international one. As a result of the uniqueness of the Rwandan context, there were more courts hearing matters that arose from the genocide.6 In Rwanda, such cases are tried by ‘conventional courts’ and the ‘Gacaca’ courts. Gacaca is defined as a system of transitional participative community justice, whereby the population is given the chance to speak about the committed atrocities, to prosecute, defend, judge and punish the criminals. The conventional courts are divided into ordinary courts and military courts. All these courts have the jurisdiction to prosecute genocide cases. Genocide cases were therefore heard in three different courts domestically but in concurrence with International Criminal Tribunal for Rwanda (ICTR). As a result of the particular context of the Rwandan Genocide of 1994, particular issues arise and will be explored in this study.

Local ownership is a major component of what is considered best practice in contemporary peacebuilding. It seeks to reallocate authority between local and international actors in peacebuilding contexts. In its purest form, it requires that the design, implementation and evaluation of reform should be led by local actors. Therefore, under local ownership, external actors are circumscribed to a supporting role in post-conflict reconstruction. Local ownership is thus a critique of the tendency towards top-down internationally led peacebuilding reform. The primacy of local ownership is evident in its endorsement in both academic literature and policy documents. Underpinning the importance of local ownership is a set of normative claims. It is argued that local ownership produces reform that is more legitimate and sustainable, in addition to developing democratic governance as the foundation to a post-war regime. Subsequently, what scholarship on local ownership has sought to clarify is conceptual content, including the complex question of who is local. Furthermore, there have been different suggestions on how to operationalise local ownership, and more broadly how to bridge the prevailing gap between rhetoric and practice. What has not been sufficiently done is an empirical defence of these normative claims. For example, does the process of ownership actually result in the development of democratic governance? More importantly, are the outcomes of local ownership consistent with the broader liberal peacebuilding paradigm, especially the latter's democratic disposition? This gap in the literature, is the research problem driving this dissertation. This dissertation seeks to understand whether there is evidence of a positive relationship between local ownership and democratic governance within the broader liberal peacebuilding project. My guiding research question involves determining how essential local ownership is to the development of democratic governance. This relationship is explored though the lens of SSR as one of the pillars of peacebuilding. This is because the literature on local ownership has been developed most in this area. The relationship between democratic governance and SSR, specifically within the military, can be understood in terms of democratic control of the military. Democratic control is operationalised in this thesis as civilian control and oversight (executive, legislative and broader civil society). Taking this into consideration, there are two paths of investigation. Does the absence of ownership undermine democratic control of the military and does its presence develop it? Liberia and Sierra Leone are the case studies through which this question is explored. Comparatively, Liberia is meant to represent the absence of ownership while Sierra Leone demonstrates more substantive attempts at local ownership. Focusing on the reform of the military, I argue that the absence of local ownership undermined democratic governance in terms of civilian control and oversight in Liberia. The opposite is true in Sierra Leone. However, there is evidence that outcomes which develop democratic control and oversight of the military can result from activities were ownership is both present and absent. As such, local ownership of SSR is sufficient, but not necessary for the development of democratic governance within the military. That notwithstanding, local ownership is still of immense importance. Its importance resides in the production of reform that is more context specific and thus contextually relevant. Local ownership produces reform which the host country can understand and sustain, a claim that the existing literature attests to. In this way, local ownership is important in bridging the gap between the beneficiaries of security and the broader security architecture. While gains in democratic control of the military can be achieved where ownership is present or absent, the sustainability of these gains is intricately linked to local ownership. Local ownership may not be necessary for democratic governance in the military, but it is necessary for sustainable democratic governance, as well as reform rooted in contextual realities and the needs of the country undergoing reform.

Includes abstract. / Includes bibliographical references. / The objectives of the South African Employment Equity Act include providing equal opportunity in the workplace. However, the existing methods for achieving equality of opportunity have been unsuccessful because they do not engage sufficiently with the complexity of, and reasons for, inequality in the workplace. This thesis argues that the body of literature on intersectionality has great potential to contribute to the process of improving equality of opportunity. Derived from the literature, an intersectional analysis offers employers a way to engage with the complex nature of inequality, by obtaining a fuller, more nuanced and specific understanding of the phenomenon in a particular place of work. In this way, profound and effective solutions can be found. The thesis offers background on employment equity in South Africa and an overview of intersectionality, which reveals its value as a theoretical paradigm. It then describes the development of instruments to be used to analyse (in)equality of opportunity in a workplace.

This paper assesses the political impact of the constitutional framework and policy for public participation in South Africa. I consider the question of how legislatures are fulfilling their obligations to facilitate public participation, if they meet international human rights law (IHRL) norms and the extent to which the public involvement facilitated by legislatures measures up to standards identified by theories of political participation. Central to this is a discussion of whether government-led citizen participation processes influence, or have the potential to influence, state decision-making. I examine the political tensions that arise between public participation and party politics within the context of South Africa's political system and discuss the role of civil society-led participation, and the interactions and conflicts between this and the government facilitated processes.

Includes bibliographical references. / Torture is a distinctly horrific human rights violation, which leaves survivors with an acute need for rehabilitation as a form of reparation. However, the state of knowledge around torture rehabilitation suffers from a knowledge gap around how gender influences the impact of torture and rehabilitation outcomes, particularly in developing countries. A gendered understanding of the torture experience can contribute towards the design and implementation of more relevant and effective rehabilitation policies and programs that are better equipped to respond to victims’ needs. Thus, the fundamental question that this dissertation asks is: within rehabilitation programs, should male and female torture survivors be treated differently? In investigating this question, this dissertation will provide an overview of the available literature on torture and torture rehabilitation in order to frame how key gender issues and debates have been understood to date. It will then present and analyze qualitative data around gender and torture impact and rehabilitation gathered from a study conducted by the Centre for the Study of Violence and Reconciliation (CSVR). This data was gathered through the use of the Delphi technique: a series of questionnaires were administered via email to a panel of 18 experts in the torture rehabilitation field from around the world, to assist in building consensus on both the impact of torture and the most adequate intervention optionsin developing countries. Each questionnaire included a separate gender section, where panellists were provided with primarily open-ended questions that yielded qualitative results. This data will be discussed in relation to the literature in order to present any new insights raised by consulting this source of expertise which is under represented in the literature base, as well as to highlight areas where more research is needed. There was consensus among the panel of experts that there are gender hypotheses that can inform rehabilitation practice, but many panelists were hesitant to agree that there are systematic differences that would demand different interventions between genders and rather stressed that individual assessment is important in each case, as gender-related aspects will be influenced by contextual, interpersonal, and individual factors. The data highlights a number of factors to consider when working with male and female torture survivors. In relation to male survivors, torture, and men’s inability to fulfill gender roles subsequently, may impact on their sense of self or manhood, which can lead to a range of negative coping behaviors. Males may also present with less obvious ways of expressing emotions and distress, or may be less likely to seek help in the aftermath of torture. This was raised particularly in relation to sexual torture victimization. The lack of literature available on male sexual torture is particularly concerning and this is a clear area where more research is needed. In relation to female victims of torture, a central factor to consider is the experience of sexual violence as part of torture and its consequences, especially the severe stigma that victims face. Female victims are often forced to develop new skills and take on new roles in the aftermath of torture, which provides both challenges and opportunities for their rehabilitation. Additionally, their ability to recover from torture is influenced by the challenges of caring for their children, and women are often likely to place the needs of their families before their own, which was not always seen as negative. It is hoped that this report will assist practitioners in the field of torture prevention and rehabilitation by illuminating the ways in which gender and torture interact, as a gendered understanding of the torture experience could enhance the treatment offered.

This minor dissertation is based on fieldwork conducted for the Institute for Intercultural and Diversity Studies (iNCUDISA) at the University of Cape Town's Rural Transformation Project. The focus is on the investment in 'white benevolence' in a small Karoo (Northern Cape) town and in ways that white residents present themselves, and position themselves discursively, as benevolent whites. Loosely located in social constructionist and postmodernist paradigms, this piece of work also attempts to illustrate how lived experience and the situatedness of subjectivity impact on the research experience and the subjectivity of the 'researcher.' Ultimately, it is posited that if we are interested in the nature and extent of social transformation, the question of subjective transformation must be considered.

Includes abstract. / Includes bibliographical references. / The focus of this mini-dissertation is the Sierra Leone post-conflict transitional and development process. The civil war in Sierra Leone lasted some eight years before finally ending with the signing of the Lòme Peace Accord on 7 July 1999. This Accord outlined the post-conflict transitional instruments to be employed in Sierra Leone, namely an investigative truth commission and a legal tribunal referred to as the Special Court. After the completion of the mandates of these two instruments, many developmental gaps still existed in post-conflict Sierra Leonean society. This particularly applied to women who continued to suffer from widespread inequalities and discrimination. This thesis suggests that a model of transformative justice, which advocates an integrated approach to postconflict transitions and the development process in general, would better have served the needs of women in Sierra Leone.

Includes abstract. / Includes bibliographical references. / This dissertation looks at the possibilities for an ethical encounter' at a local government level. Much has been written on the problems and challenges of local government in its structure, its politicisation and the dynamics within these invited spaces. This is compounded by service delivery protests which are directed at the inadequacy of local government. These protests suggest that the invited spaces do not provide the options for ethical encounters.