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Magister Legum - LLM / South Africa

Doctor Legum - LLD / The 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.

Magister Legum - LLM / In 2014, the African Union (AU) adopted the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development (the African Charter on Decentralisation). The Charter is a first of its kind to provide a decentralisation framework for local government on the African continent. It seeks to use local government as a vehicle for improving the livelihoods of people on the African continent. Member States of the AU will only be bound by the African Charter on Decentralisation once they have ratified it. The actual impact of the Charter to improve the livelihood of people on the African continent is unknown. This research paper provides a critical analysis of the Charter in order to establish its potential. The analysis is undertaken against the background of the international literature on decentralisation and 'best' practices on local government. / South African Research Chairs Initiative (SARChI)

The paper addresses the question whether the African Charter on Democracy, Elections and Governance would effectively address the identified electoral problems at a substantive as well as implementation levels. Accordingly, the aim of the study is two fold. This paper analyses the key electoral problems in Africa by analysing trends in recent elections that jeopardise democratic consolidation. Secondly, it evaluates the Charter in addressing the identified problems at normative as well as practical levels. / 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. Nico Steytler of the Faculty of Law, University of the Western Cape, Cape Town, South Africa / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Magister Legum - LLM / The right to a basic education is recognised as an essential right in international and regional law, with numerous instruments regulating it.1 There are soft laws, in the form of General Comment documents, which provide guidelines to interpreting this right.2 Among these instruments, for example, the International Covenant on Social, Economic and Cultural Rights (hereafter referred to as ‘the ICESCR’) and the African Charter on Human and People’s Rights (hereafter referred to as ‘the ACHPR’) implore member states to ensure that every child within their jurisdiction is able to gain access to education.3 The ICESCR acknowledges that basic education as a socio-economic right is realisable overtime, its full realisation dependent on the availability of state resources.

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2006.

Magister Legum - LLM / The international community saw the need to completely eradicate the use of torture and, as a result, adopted the 1984 Convention against Torture. The Convention obliges states to take effective legislative, judicial, and administrative and any other measures necessary to prevent acts of torture and other forms of ill-treatment within their jurisdictions. Cameroon, following the preamble of its Constitution, which prohibits torture in all its form, ratified the Convention in 1986 and other international treaties that deal with the prohibition of the use of torture. According to article 45 of the Constitution, duly ratified international treaties and conventions enter into force following their publication into the national territory. Cameroon has amended its Constitution and incorporated intoits domestic laws, provisions which prohibit the use of torture and other forms of ill-treatment. It goes further to prescribe appropriate penalties for public officials and other persons working in official capacity, who subject detainees and prison inmates to torture and other forms of ill-treatment.Despite all these instruments and mechanisms put in place to prevent and eradicate the use of torture and other forms of ill-treatment, this heinous crime continues to be widespread and is practiced systematically in almost all regions in the country and with impunity. This study will analyse whether Cameroon has put in place adequate constitutional and legal framework and mechanisms to guarantee the right to freedom from torture and other forms of ill-treatment for persons deprived of their liberty.