A busca pela pacificação da África pode ser considerada como um dos principais desafios encontrados pelos países africanos no imediato pós-independência. Em certa medida, romper com guerras civis e garantir a estabilidade continental foram se tornando algumas das principais preocupações das lideranças africanas. Reflexo disso pode ser encontrado nas várias iniciativas propriamente africanas criadas no continente no período pós-colonial visando à estabilidade e à promoção do desenvolvimento econômico e social do continente. Nesse sentido, o presente trabalho busca compreender a evolução da Arquitetura Africana de Paz e Segurança (AAPS) desde a criação da Organização da Unidade Africana (OUA), em 1963 – primeiro mecanismo africano de segurança –, até os dias atuais, com foco na Autoridade Intergovernamental para o Desenvolvimento (IGAD) na estabilização do Chifre da África. / The search for the pacification of Africa may be considered as one of the main challenges found by African countries in the post-independence immediate period. To some extent, to break off civil wars and guarantee continentall estability increasingly became a major concern of African leaderships. The impact of this can be found in several truly African initiatives created in the post-colonial period, aiming to ensure stabilty and promotion of economic and social development on the continent. In this sense, this work seeks to comprehend the evolution of the African Architecture of Peace and Security (AAPS) since the creation of the Organization of the African Unity in 1963 - first African security mechanism - up to this day, focusing in the Intergovernmental Authority on Development (IGAD) in the estabilisation of the Horn of Africa.

Department of Public Law and Jurisprudence / At independence in 1964, the United National Independence Party (UNIP)-led government in Zambia was, among other things, confronted with the challenge of transforming an inherited dual, undemocratic, racist and exploitative system of local government. Local government was a creature of national legislation, and thus did not have direct constitutional authority. Between 1964 and 1995, the government adopted several reforms aimed at democratising and improving the efficiency, effectiveness and responsiveness of the system of local government. However, local government remained a creature of national legislation. In 1996, local government was for the first time recognised in the Constitution as a tier of government. Article 109 of the 1996 Constitution of Zambia required the establishment of a system of local government whose details were to be prescribed by an Act of Parliament. The provision further provided that such a system shall be based on democratically-elected councils. Thus, the 1996 Constitution transformed local government from being a mere creature of central government into a tier of government. While the institutional integrity of local government in Zambia was enhanced, service delivery by local authorities remained poor.

Doctor Legum - LLD / The crimes of genocide, war crimes and crimes against humanity are customary international law crimes. The African continent has experienced quite a number of cases involving these crimes, and the continent's ability and willingness to prosecute offenders’ remains in doubt. As a result, in the past decade or so, non-African states have sought to institute proceedings against African leaders accused of perpetrating international customary law crimes. These attempts have taken two distinct formats, the first being the use of Universal Jurisdiction {UJ), and the second being the attempts by the International Criminal Court {ICC) to indict and prosecute African leaders. The African Union {AU) has vehemently opposed both these attempts on the grounds that they are inspired by neo-colonial thinking that is aimed at stifling peace and reconciliation efforts on the continent.Proponents of UJ argue that this principle is fundamental to international justice and the global fight to end impunity for international crimes. UJ allows a state to exercise jurisdiction over crimes committed outside its territory and for which the normal jurisdictional links of nationality and passive personality do not exist. Although the concept of UJ has been part of international law for quite some time, its relevance today has been questioned by national courts and international judicial bodies. Its recent usage by both Belgian and French courts, as well as by international tribunals, such as the ICC, has attracted sharp criticism from many African states. Given that African states constitute the biggest block of signatory states to the Rome Statute, their voice cannot be ignored. Their principal concern is that the ICC is unfairly targeting African leaders for prosecution. The negative sentiment is also evidenced by some African leaders' deliberate refusal to comply with ICC requests or to cooperate in cases where warrants of arrest have been issued against African leaders, such as in the case of the Sudanese President, Omar Al Bashir, and the present prosecution of the Kenyan President, Uhuru Kenyatta and his deputy, William Ruto. Given the aversion shown by African states to ICC prosecution of state leaders, and attempts by some non-African states to resort to UJ in order to try African leaders, the question is whether African states themselves have a solution to the problem of impunity on the continent? The answer might lie, partly, in the age old concept of UJ, where individual African states might be able to exercise jurisdiction over the international crimes of genocide, war crimes and crimes against humanity. It might also lie in the ability and willingness of African states to strengthen the Continent’s own, regional institutions by setting up an African international criminal tribunal, or strengthening an existing one to deal with these issues. It therefore becomes important to assess what the African standpoint on UJ is, as against what the practical realities are. In other words, what continental or regional institutions exist to combat impunity for international crimes: what do states do in fact?

Magister Legum - LLM / Africa seemingly cursed with instability, conflict and gross human rights violations has been the largest scene of operation of international criminal justice. This understanding led African States to be some of the key proponents in the push for an International Criminal Court. Of late however, mounting policy and operational fluxes between African States and international criminal justice has put Africa's relationship with international justice on ice. This in turn has awoken within the region's geopolitical body, the African Union, the need for an exclusively African response to international criminal justice as it is currently considering extending the jurisdiction of the African Court of Justice and Human Rights to cover international crimes. This Research Paper aims to chart the genesis of this move through the decision-making system of the African Union and within the broader context of the Union's emerging Human Rights, Peace and Security Architecture. It will simultaneously assess the viability of this proposal within the backdrop of recent global developments with a view to identifying key legal and policy ramifications. It aims to show that there may be room for the adoption of an empowered African Court as a regional complement to the international criminal justice system.

Africa is facing many challenges which range from underdevelopment to high poverty levels. Although Africa is richly endowed with natural resources, the continent continues to be a source of raw material for the North. This state of affairs cannot be allowed to continue indefinitely. The high level of debt owed to multilateral organisations compounds the challenge by limiting investment inflows. Through the New Partnership for Africa's Development (NEPAD), the African Union (AU) has the potential to stimulate growth and development on the continent in pursuit of the attainment of the Millennium Development Goals (MDGs). Undoubtedly, the African Union’s NEPAD faces many challenges itself. The benefits of the multilateral trade regime will only become freely available if factors such as the negative multiplier effects associated with the accomplishment of the ideal of African integration and market access, could be mitigated. The success of NEPAD is not a given for Africa and necessitates visionary leadership. It has to be earned and as a matter of course will involve some sacrifices. Africa will have to mobilise intra-continental investment to leverage Foreign Direct Investment (FDI). The point of departure of this research study is that the NEPAD initiative is an African programme which must be led by Africans themselves, especially the intelligentsia. The Africans in the diaspora also constitute a valuable source of capacity to implement NEPAD. NEPAD promotes the participation of Africa in global affairs in pursuit of the African Renaissance. It is imperative that the architects of NEPAD listen to the concerns being raised by its opponents and continuously engage the Civil Society Organisations (CSOs) and the intended beneficiary society. It should be noted that the private sector can partner with governments in supporting the objectives of NEPAD. There is a need to harmonise policies of different AU member states to give effect to regional cooperation and integration. Regional integration can enhance the mobilisation of resources through economies of scale that will position Africa to penetrate global markets and to attract direct foreign investment. Globalisation itself should not be viewed as a threat, but as presenting new economic challenges and potential opportunities for regional integration. It is time that the Africans their own agenda within Africa. Africans must rise jointly to this occasion and emancipate themselves from dependence associated with underdevelopment and poverty. Africa has the potential and the capacity to succeed through the effective implementation of NEPAD. The time for Africa is now. / Thesis (PhD (Public Affairs))--University of Pretoria, 2007. / School of Public Management and Administration (SPMA) / unrestricted

This mini-dissertation examines the role of the United Nations, the African Union and the three relevant sub-regional organizations namely the Southern African Development Community (SADC), the Economic Community of Central African States (ECCAS) and the International Conference on the Great Lakes Region (ICGLR) in the post-conflict period in the Democratic Republic of Congo (DRC). These organizations played a threefold role based on the monitoring, intervention and assistance regarding the reconciliation and reconstruction process. To some extent, their strategies contributed to activate the reconstruction and the reconciliation process after nearly a decade of instability caused by the war in the country. However, in spite of the combined efforts of these actors, the conflict persists and continues to take innocent human lives, leaving the survivors affected by hostilities and violations of human rights that they have experienced. The study sets out the political situation in the DRC during the conflict, then analyzes the resurgence of the conflict beyond the ceasefire and later explores the role played by each actor relatively to its mandate after the free and democratic elections of 2006, which mark the starting point of the reconstruction and reconciliation process. In analyzing these interventions, the study refers to the protocols, objectives and results of each organization. From this perspective, the study argues that each conflict has its realities and does not necessarily comply with the standard solution (negotiations and military interventions). As for the DRC, this approach has not provided the expected solutions. The nature of the conflict, the history of the DRC and the Congolese people is new to the different organizations and impacts considerably on the way they perceive and deal with the situation. The study found that each of the international organizations is mandated, in one way or another, to deal with issues such as those rose in the DRC post-conflict period namely rapes, outrageous criminality. Yet, none of the organizations reached the results envisaged by its statute. Taking the best from each other, these organizations need complementarity when addressing the reconstruction and reconciliation in the DRC post-conflict period. Therefore, these multiple agents fit together to address the challenges in the DRC post-conflict period. The study also emphasizes that initiation of tolerance showed through civilian reconciliation constitutes a prerequisite to any possible and durable peace in the country. / Dissertation (LLM)--University of Pretoria, 2011. / Centre for Human Rights / unrestricted

This paper will question why the African Union has been unsuccessful in confronting the rising issue of transnational terrorism. It looks at the history of both the Organization of African Unity and the African Union and examines the measures the two organizations have taken in preventing and combating terrorism. The particular history of African States and their relation to the term “terrorism” is discussed in this section. In this light, I analyze the African Union’s peacekeeping missions in both Somalia and Mali to determine why they have failed to stop the spread of transnational terrorism. In conclusion, I will discuss the reasons why I the African Union has struggled in dealing with transnational terrorism.

No abstract available. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted

No abstract available. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted

"Although the concept of human rights is not new, it has never attracted more attention than today. However, contrary to the tremendous growth of concern for the international protection of human rights, Rwanda was visited by three main deplorable waves of war crimes, crimes against humanity and genocide. Therefore, while the study is based on the premise that the primary duty of preventing these international crimes lies with the state, it will be argued that the secondary duty lies with international organisations like the UN and the AU. Both organisations could have averted or minimised the atrocities that occurred in Rwanda. Accordingly the study aims to address four issues. First, it attempts to review the weaknesses of the UN and OAU in their human rights monitoring and promotional fucntion derived from international human rights instruments. Second, it seeks to investigate the shortcomings and the failures of these two organisations in intervening to stop the Rwandan genocide. Third, it attempts to examine the UN's and AU's current handling of the cases of genocide as a preventive mechanism against gross human rights violations in Rwanda. Finally, the study will attempt to see if the failures seen in Rwanda are reflected in the current responses of the UN and the AU. The study presupposes that the 1994 Rwandan genocide, although not altogether inevitable, would not have been so comprehensive had the UN and the OAU/AU not developed a culture of impunity in the genocide of 1963 and 1973. One way assume, too, that the suffering could even have been minimized had there been active measures taken by these two organisations. This thesis proceeds on the premise of a problem that the vacuum that still exists under the Rwandan situation, both pre- and post-1994 genocide, as well as the weakness of the response from the UN and AU, is also abetting the current genocide in Sudan and countries with a volatile situation, like the Democratic Republic of Congo and Burundi." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / http://www.chr.up.ac.za/academic_pro/llm1/llm1.html / Centre for Human Rights / LLM