Thesis (MA)--Stellenbosch University, 2012. / ENGLISH ABSTRACT: This thesis seeks to provide a critical discussion of the contributions of the African Union towards the potential development of an African security community since its inception in 2002. Utilising Security Community Theory, and the framework for the study of security communities developed by Adler & Barnett (1998) it commences with an interrogation of the AU. This interrogation is arranged along the three tiers of the framework. The first tier is the precipitating conditions, which cause states to orient themselves in each other’s direction and desire to coordinate their relations. The second tier investigates the factors conducive to the development of mutual trust and collective identity. The third, and final, tier identifies the necessary conditions of dependable expectations of peaceful change. The study goes on and introduces three African case studies, which illustrate the contributions of the African Union towards the potential development of an African security community. The case studies are the African Union mission in Burundi, the African Union mission in Sudan, and the recent intervention of the African Union in the post-election crisis in Côte d'Ivoire. All three case studies were able to provide ample evidence to illustrate the AU’s contributions. The study concludes with two major findings. Firstly, this study is able to illustrate that the AU has made significant contributions towards the development of peace and security in Africa. Secondly, that the AU has made significant contributions at all three tiers of the framework, and therefore major contributions to the potential development of an African security community. However, the AU is still in its embryonic phase, and any prediction concerning the existence, or potential existence of an African security community would be premature. Even though there are ostensibly, positive developments in the area of continental peace and security this study is able to illustrate several remaining challenges to further contributions by the AU. The first is a lack of resources. The AU is heavily dependent on the contributions of its member states, and a number of members persistently fail to meet their contributions to the organization. A second challenge is the loosely defined relationship with the UN (and other external partners). It is crucial that a constructive relationship be established, if not, differences might antagonise the two organisations and negatively affect any future contributions of the AU towards the development of an African security community. Finally, the role of core states, most notably regional hegemons such as South Africa and Nigeria will remain important for stabilizing and encouraging the further development of an African security community. / AFRIKAANSE OPSOMMING: Hierdie tesis poog om n kritiese bespreking te bied van die bydra wat die Afrika Unie na die potensiele ontwikkeling van n Afrika sekuriteits gemeenskap gemaak het sedert sy intrede in 2002. Deur gebruik te maak van Sekuriteits Gemeeenskap Teorie, en die raamwerk vir die studie van sekuriteits gemeenskappe deur Adler & Barnett (1998) begin die studie met n direkte ondersoek van die AU. Hierdie ondersoek vind plaas volgens die drie vlakke van die raamwerk. Die eerste vlak is die kondisies wat veroorsaak dat state hulself na mekaar orienteer, en n wil ontwikkel om hulle sake te koordineer. Die tweede vlak ondersoek die faktore vir die ontwikkeling van wedersydse vertroue en gesamentlike identiteit. Die derde, en finale, vlak identifiseer die nodige kondisies van afhanklike verwagtinge vir vreedsame verandering. Die studie gaan voort met drie Afrika geval studies, wat die bydra van die AU na die potensiele ontwikkeling van n Afrika sekuriteits gemeenskap illustreer. Die geval studies sluit in die Afrika missie in Burundi, die Afrika missie in Sudan, en die onlangse intervensie deur die AU in die na-eleksie krisis in Côte d'Ivoire. Al drie geval studies verskaf wye getuienis wat die bydra van die AU illustreer. Die studie sluit af met twee hoof bevindings. Eerstens, kon hierdie studie illustreer dat die AU betekenisvolle bydraes na die ontwikkeling van vrede en sekuriteit in Afrika gemaak het. Tweedens, dat die AU betekenisvolle bydraes op al drie vlakke van die raamwerk gemaak het, en daarom ook mondige bydraes tot die potensiele ontwikkeling van n Afrika sekuriteits gemeenskap gemaak het. Nogtans, is die AU self nog in n onvolwasse stadium, en enige voorspelling in verband met die bestaan, of oor die potensiele bestaan van n Afrika sekuriteits gemeenskap is voortydig. Al is daar opmerkilike positiewe ontwikkelinge in die area van kontinentale vrede en sekuriteit, kan hierdie studie steeds verskeie uitdagings identifiseer wat verdere bydraes deur die AU kan hinder. Die eerste uitdaging is n tekort aan bevondsing. Die AU is hoogs afhanklik op die bydrae van sy lidmaat state, maar n paar lede mis aanhoudend hulle bydraes tot die orginasasie. n Tweede uitdaging is die ongedefineerde verhouding tussen die AU en die VN (en ander eksterne vennote). Dit is belangrik dat n konstruktiewe verhouding in werk gestel word, indien nie, kan verskille die twee organisasies van mekaar dryf en enige toekomstige bydraes van die AU na die potensiele ontwikkeling van n Afrika sekuriteits kompleks negatief beinvloed. Laastens, sal die rol van kern state, mees aanmerklik streek leiers soos Suid Afrika en Nigerie, belangrik bly om die sekuriteits kompleks te stabiliseer en verdere ontwikkeling in die toekoms te bevorder.

The perpetual conflict in Darfur, Sudan, which started anew in 2003, had dire humanitarian consequences and threatened international peace and security. The UN Security Council, which has the primary responsibility for maintaining international peace and security, adopted Resolution 1769 on 31 July 2007 and authorised a 26 000 person-strong joint African Union/United Nations hybrid operation in Darfur (UNAMID) to take over from AMIS (the African Union peace operation in Darfur). UNAMID was established with dual command and control linked to both the African Union and the United Nations and both organisations would have an equal say in its mandate and operations. Given this unique and unprecedented arrangement between a regional organisation and the United Nations in terms of maintaining international peace and security, the aim of this research was to: • Understand and describe the political motivations/reasons why the United Nations formed a hybrid peace operation with the African Union; • Establish in which way the aforementioned impacted on future efforts of the United Nations to maintain international peace and security, especially on the African continent; and, based on this, • To determine whether or not hybrid operations were a viable alternative for the United Nations to maintain international peace and security. By means of a thorough analysis of the theoretical underpinnings of international peace and security, an assessment of the peace and security architecture of the United Nations and the African Union, an investigation into the origins of the Darfur conflict, an examination of the structure and mandate of UNAMID, and through an empirical investigation, a new theoretical proposition is provided in the conclusion of the thesis. It is concluded that the UNAMID model, in practical terms, is not an optimal mechanism for the United Nations to use to maintain international peace and security because it suffers from numerous internal political inequities and operational inadequacies. / Thesis (Ph.D. (Political Studies))--North-West University, Potchefstroom Campus, 2012

The perpetual conflict in Darfur, Sudan, which started anew in 2003, had dire humanitarian consequences and threatened international peace and security. The UN Security Council, which has the primary responsibility for maintaining international peace and security, adopted Resolution 1769 on 31 July 2007 and authorised a 26 000 person-strong joint African Union/United Nations hybrid operation in Darfur (UNAMID) to take over from AMIS (the African Union peace operation in Darfur). UNAMID was established with dual command and control linked to both the African Union and the United Nations and both organisations would have an equal say in its mandate and operations. Given this unique and unprecedented arrangement between a regional organisation and the United Nations in terms of maintaining international peace and security, the aim of this research was to: • Understand and describe the political motivations/reasons why the United Nations formed a hybrid peace operation with the African Union; • Establish in which way the aforementioned impacted on future efforts of the United Nations to maintain international peace and security, especially on the African continent; and, based on this, • To determine whether or not hybrid operations were a viable alternative for the United Nations to maintain international peace and security. By means of a thorough analysis of the theoretical underpinnings of international peace and security, an assessment of the peace and security architecture of the United Nations and the African Union, an investigation into the origins of the Darfur conflict, an examination of the structure and mandate of UNAMID, and through an empirical investigation, a new theoretical proposition is provided in the conclusion of the thesis. It is concluded that the UNAMID model, in practical terms, is not an optimal mechanism for the United Nations to use to maintain international peace and security because it suffers from numerous internal political inequities and operational inadequacies. / Thesis (Ph.D. (Political Studies))--North-West University, Potchefstroom Campus, 2012

Motivation of virtually all regional economic integration (REI) initiatives has been prospect of enhanced economic growth. Although REI's role in contributing to growth and development was recognised and acknowledged, its importance in Africa has never been properly outlined. Theoretical background, economic assumptions and evidence of REI are examined to bring out REI's importance to Africa. Depicting from these, benefits and challenges of REI in Africa are explored. This dissertation analyses the progress, pace, approach, sequence of REI in Africa looking at different variables. Africa's regional integration blueprint and institutional framework are compared to EU's but selected areas are identified as essential for Africa. Progress on REI has been found to be slow. This study concludes that REI should be viewed as one aspect of strategy towards Africa's development and growth. However, the benefits of REI make it imperative for it to remain the central pillar of Africa's development agenda. / Economics / M.Com. (Economics)

Africa has always aspired for the economic integration of its markets. This endeavour is evident right from the 1960s clamour for independence and shortly thereafter, as newly independent states. During this period African countries under the umbrella of the OAU underscored economic cooperation as the basis for intra-African relations. However, it was not until the year 1991, with the conclusion of the AEC Treaty, that the continent formally adopted a framework and roadmap towards continental economic integration. The 40-year roadmap towards a continental economic community was premised upon the two principles of harmonisation and devolution. Moreover, the six-stage integration process set out in Article 6 of the AEC Treaty identifies the eight RECs in Africa as the building blocks for the continent’s proposed single market and economic union. It also underpinned the economic integration of the continent on the harmonious co-existence of the RECs. A step-wise ambitious integration model was adopted under Article 6 of the AEC Treaty. The model envisaged the creation of a Free Trade Area (FTA), followed by a Customs Union, a Common Market and ultimately a fully-fledged Economic Union. As a first step towards the continental integration, the African Continental Free Trade Area (AfCFTA) was unveiled in 2018. Cross border, intra-African trade, is bound to lead to a rise in investment and commercial transactions on the continent. This, in turn, will inevitably lead to disputes which require resolution. The economic integration of the continent is fast evolving under the aegis of the AU; whose dispute settlement system is currently also under review. Significantly, the AU has consolidated its dispute settlement mechanism, following the merger in 2008 of the ACJ and ACH&PR, into a single AU court, known as the African Court of Justice and Human Rights (ACJ&HR). It is within the context of the merged AU single court that this thesis grounds itself. It seeks to interrogate the adequacy of the continental trade and investment dispute settlement system and examines its viability within the consolidated AU dispute settlement system. While the AU led continental economic integration gains pace, the dispute settlement system, critical for the integration, is either lagging behind or is not receiving adequate attention. As a result, the dispute settlement systems created under the AEC and AfCFTA are incongruent with the principles of harmonisation and devolution, which underpin the continent’s economic integration goals. The recommendations proffered, align with the philosophy of harmonising and devolving the continental trade and investment dispute settlement system. The research proposes to locate the continental trade and investment dispute settlement within the AU single court system. The principal recommendation is not only to expand the Court’s jurisdiction in order to accommodate the trade and investment mandate, but also to use sub-regional REC judicial organs as courts of first instance for the ACJ&HR. A hierarchical order of the continental court system, with the single AU Court at the apex, is also proposed in this study as the supreme overarching supranational judicial organ. / Public, Constitutional, and International Law / LL.D.

The principle of complementarity is a tool used to punish the commission of core international crimes. A concerted approach is required to combat war crimes, genocide, crimes against humanity and aggression. The Prosecutor of the International Criminal Court needs to fully appreciate the express and implied discretionary powers of states to ensure all possible accountability mechanisms are explored. Failure by the Prosecutor to do so results in missed opportunities to capitalise on various options related to the proper application of complementarity. Therefore, there is a need for consultations to establish that the International Criminal Court and prosecutions can no longer exist without competing alternatives preferred by states. The current misunderstandings on the application of complementarity are rooted in unresolved state and prosecutorial discretions. The endangering of state discretion threatens the integrity and credibility of the International Criminal Court. The unaddressed question of state discretion is also at the centre of disputes between the African Union and the International Criminal Court. Grey areas in the application of complementarity are clearly visible through the inconsistency and diversity of the International Criminal Court decisions and frequent prosecutorial policy proclamations. As a result, prosecutorial discretion needs to be checked. Prosecutorial discretion is checked at the United Nations, International Criminal Court and state levels. The checks at regional level and by non-prosecutorial options need to be explored. The call is for the International Criminal Court not to neglect the legal-political environment which the Court operates in. The environment is essential in demarcating the exercise of discretions. The Kenyatta case is illustrative of the need to invent an interpretation that reflects the evolving theory to practice reality. The development or amendment of a prosecutorial policy is desirable to give guidance on the value, circumstances and priority accorded to justice. The policy should be comprehensive enough to accommodate mechanisms which advocate for strengthened state discretion. For instance, African Union instruments and treaties reveal that the respect of state discretion is one of the core principles of the African Union system. / Public, Constitutional, and International Law / LL.D.

The purpose of this study is to analyse the role of the Organisation of African Unity (OAU) as an international governmental organisation in regional co-operation and stability from 1963 until 2000. It is also aims to evaluate the OAU's success or failure as the initiator of African unity and the driver of regional co-operation and stability in Africa within political, economic and social spheres. As background, the motivation for the study is discussed and the problem is stated. From this, research questions are formulated, and objectives identified. Three hypotheses are formed, which the study aimed to prove. The range of core theoretical foundations, concepts, characteristics, theories, approaches and classifications are examined in detail as foundations for an understanding and evaluation of the role of the OAU. Regional organisations as a phenomenon are also studied in-depth with reference to their nature, meaning and historical origins. Inter-state relations in the international community are theoretically explored, as well as the position and potential of regionalism within international public administration. Concepts, characteristics, types and functions of regional organisations and the role of co-operation, sovereignty and supra-nationalism in regional co-operation are covered. Following this, a study is made of the historical origins, nature and character of Pan-Africanism and the evolution of the OAU. Based on the structural-functional approach, the nature and essential characteristics of the organisation are analysed, with reference to its structures, and the tasks of the Secretary-General and its various commissions. In addition, the former relationship between the OAU and the UN is also highlighted. The role of the OAU is evaluated as a regional organisation involved in the establishment of regional co-operation in Africa in the political, economic, cultural and social spheres. The study concludes with an evaluative synthesis of its findings, proposals and conclusions. The OAU is found to have been successful in certain regards, but in others, it failed to attain its primary purpose: to forge unity on the continent and to create co-operation among states. Its successor, the African Union could learn some valuable lessons from the OAU's history. / Public Administration / (D.P.A.)

This study on "The road to constitutionalism and democracy in post-colonial Africa: the case of the Democratic Republic of Congo" revolves around a major research problem: What has been the road to constitutionalism and democracy in Africa since independence and how can constitutionalism and democracy be established and consolidated on the African continent? The importance of the problem and its implications for the life of millions of African people and the state of the literature still dominated by persons foreign to Africa make constitutionalism and democracy one of the most fascinating and challenging intellectual projects, particularly among African scholars. This work is a contribution to the development of knowledge and to the building and consolidation of constitutionalism and democracy in Africa. It revisits and critically examines the concepts and the various discourses and voices we have heard form both inside and mostly outside the continent. It highlights the African struggle, explores the major trends, and stresses the challenges and prospects for constitutionalism and democracy in Africa. The Democratic Republic of Congo (DRC) is a case study. The research deals with the unfinished struggle of the people of the Congo and explains why the Congo has gone from DRC to DRC via Zaire, from one crisis of the Congo in the 1960s to another crisis of the Congo since the early 1990s and why the DRC history has been rehearsing in a vicious circle of coups and countercoups, rebellions, unsuccessful national conferences, authoritarian and unconstitutional regimes. Central to the crisis in many African states, including the DRC, is the crisis of constitutionalism and democracy and the failure of the post-colonial state. The study ends with the conclusion that constitutionalism and democracy also belong to Africa and constitute a prerequisite for African survival and renaissance. / Constitutional and Public International Law / LL.D.

In a democracy it is the citizens who choose their leaders. Through elections, the people constitute government to preside over public affairs. However, in several African countries the quality of the elections has been vitiated by fraud, incompetence, unequal playing field and violence. Part of the problem is historical. Within the first decade of attaining independence in the 1950s and 1960s, many African regimes rapidly descended into autocracy and many countries formally recognised one-party regimes. Despite many one-party regimes having been abolished after the democratisation wave of the late 1980s and early 1990s, challenges of holding free and fair elections persist. Several elections held since this democratic wave were generally not considered by independent observers as free and fair. Indeed Africa has become well known for flawed elections, such as was the case in the 2007 elections in Kenya, the 2008 elections in Zimbabwe and the 2010 elections in Ivory Coast. Due to the stifled democratic climate, where even elections had a predetermined outcome, coups became a common and regular method of showing discontent or removing government. While the phenomenon of problematic elections is going on, at the continental level, Africa seems to be making renewed commitment towards democratic governance. With the transformation of the Organisation of African Unity (OAU) into the African Union (AU) through the adoption of the Constitutive Act of the African Union in 2000, the AU, inter alia, committed to promoting “democratic principles and institutions, popular participation and good governance” and seems determined to depart from the legacy of poor governance. It is in view of the foregoing background that this research sought to investigate the challenges the judiciary in Africa has faced in adjudicating presidential election disputes. And, in light of the growing trend towards establishing common African democratic standards and seeking collective solutions, the research also sought to explore the viability of establishing a continental supranational mechanism for resolving disputed presidential elections through adjudication. / Public, Constitutional and International Law / LLD

Thesis (MA)--Stellenbosch University, 2012. / Includes bibliography / ENGLISH ABSTRACT: The resurgence of unconstitutional changes of government in Africa is regarded not only as a threat to democratisation processes but also to peace, security and stability on the continent. The United Nations (UN), the African Union (AU) and various regional economic communities (RECs) have all sought to address this challenge, in what may be described as a trilateral linkage between the international, regional and sub-regional organisations. The unconstitutional change of government in Madagascar in 2009 led to the involvement of the UN, AU and the Southern African Development Community (SADC). Although these organisations all responded to the case of Madagascar, it cannot be assumed that they all share a common understanding of and approach to unconstitutional changes of government. This study builds upon a constructivist approach to norm development, with a particular focus upon the norm life cycle. The thesis seeks to assess if a normative approach to dealing with unconstitutional changes of government has developed within the UN, AU and SADC respectively, and if so, how? Furthermore, how have these organisations responded to such a case, with a specific focus on Madagascar? Building upon these findings, the thesis aims to assess if and how a norm condemning unconstitutional changes of government has emerged, spread and become internalised within the UN, AU and SADC. The study illustrates that the norm condemning unconstitutional changes of government is particularly salient within the AU. Furthermore, and unlike many other peace and security norms, the norm condemning unconstitutional changes of government seems to have emerged from the level of the AU and impacts upwards on the UN as well as downwards on SADC. These findings imply that the AU will have a prominent role in informing the approach and response to such cases on the African continent in the future. Furthermore, the normative frameworks of the UN and SADC may be developed largely as a result of and on the basis of the principles and policies of the AU. / AFRIKAANSE OPSOMMING: Die herlewing van ongrondwetlike regeringsverandering in Afrika word nie net as 'n bedreiging vir die demokratiseringsprosesse beskou nie, maar ook vir vrede, veiligheid en stabiliteit op die kontinent. Die Verenigde Nasies (VN), die Afrika-Unie (AU) en verskeie streeks-ekonomiese gemeenskappe (REC's) het gepoog om hierdie uitdaging, wat beskryf kan word as ‘n driehoekskakeling tussen die internasionale, streeks- en substreek-organisasies, aan te spreek. Die ongrondwetlike regeringsverandering in Madagaskar in 2009 het gelei tot die betrokkenheid van die VN, AU en die Suider-Afrikaanse Ontwikkelings gemeenskap (SAOG). Alhoewel hierdie organisasies op die Madagaskar-saak gereageer het, kan daar nie aanvaar word dat hulle ‘n gemeenskaplike begrip van en benadering tot die ongrondwetlike verandering van regering deel nie. Hierdie studie bou op 'n konstruktivisme benadering tot die ontwikkeling van norme, met 'n spesifieke fokus op die lewensiklus van ‘n norm. Die tesis poog om te bepaal of 'n konstruktivisme benadering respektiewelik binne die VN, AU en SAOG ontwikkel het rakende ongrondwetlike regeringsverandering, en indien wel, hoe? Verder, hoe het hierdie organisasies gereageer op so 'n geval, met spesifieke fokus op Madagaskar? Met hierdie bevindinge in gedagte, sal die tesis bepaal of, en hoe, 'n norm wat ongrondwetlik regeringsveranderinge veroordeel, na vore gekom het en hoe dit versprei en binne die VN, AU en SAOG geïnternaliseer is. Hierdie studie illustreer dat die norm wat ongrondwetlik regeringsveranderinge veroordeel, besonder opvallend is binne die AU. In teenstelling met ander vredes- en sekuriteits norme, blyk dit dat die norm wat ongrondwetlik regeringsveranderinge veroordeel, sy oorsprong het op AU-vlak, met opwaartse trefkrag op die VN, sowel as afwaarts op SAOG. Hierdie bevindinge impliseer dat die AU in die toekoms 'n prominente rol in die benadering tot en reaksie op derglike gevalle op die Afrika-kontinent, sal hê. Verder kan die normatiewe raamwerke van die VN en SAOG moontlik hoofsaaklik ontwikkel as gevolg van die basis van beginsels en beleid wat deur die AU neergelê word. / Norwegian Institute of International Affairs (NUPI).