Made available in DSpace on 2015-09-25T12:22:42Z (GMT). No. of bitstreams: 1 PDF - Jeane Silva de Freitas.pdf: 1197797 bytes, checksum: 363b8ac9901fe26f43c12bd71402c2d9 (MD5) Previous issue date: 2014-06-20 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / This dissertation aims to discuss the effectiveness of the mediating role of the United Nations (UN) and the African Union (AU) in solving the conflict in Southern Sudan. We argue that this action mediating impacted considerably in the negotiations between the republic of Sudan and the republic of South Sudan, since: (i) it was established a ceasefire in hostilities between the warring parties, especially in the border regions between the two Sudanese states; (ii) an active effectiveness on the part of the peacekeeping operations of the UN and AU to ensure civilian protection and humanitarian aid in face of escalating violence in the region; (iii) the establishment of the most significant agreements regarding the outstanding issues, especially regarding the creation of a demilitarized zone in Abyei. First, we discussed International Mediation Theory in Post-Cold War Era to clarify its main assumptions, thus considering the importance of mediation in solving international crises, taking as a basis the various types mediators. Then we carried out a descriptive presentation of the case study, the conflict in Southern Sudan, seeking to discuss the implications of the Comprehensive Peace Agreement (CPA) and its subsequent implementation in 2005. In this case, we sought to emphasize issues related to wealth distribution, delimitation of borders and sovereignty of Abyei. Finally, we examined the mediating role of the UN and the AU, as a means of conflict resolution, facing these outstanding issues arising from the CPA in 2011- 2012. To do so, we pointed up its successes and failures in driving this conflict mediation process and the maintenance of peace in warring areas. Given the above, we point the central question of this study: what is the level of effectiveness of the UN and the AU as mediating institutions in building and promoting peace in South Sudan? Before the points raised, we argued that mediation effectiveness could be observed in terms of humanitarian impact on the region, actions issued by the UN Security Council and the African Peace Council in curbing violence in the States of Jonglei and Abyei. Therefore, this dissertation is structured based on qualitative analytical, exploratory and descriptive research on issues of Conflict Resolution, International Mediation, and Regional and International Organizations. / Esta dissertação tem como objetivo debater a efetividade do papel mediador da Organização das Nações Unidas (ONU) e da União Africana (UA) na resolução do conflito do Sudão do Sul. Argumenta-se que essa atuação mediadora impactou de forma considerável nas negociações entre a república do Sudão e a república do Sudão do Sul, uma vez que: (i) percebeu-se um cessar-fogo nas hostilidades entre as partes beligerantes, especialmente, nas regiões fronteiriças entre os dois Estados sudaneses; (ii) uma ativa efetividade, por parte das operações de paz da ONU e UA, em assegurar a proteção civil e a ajuda humanitária em face da escalada da violência na região; (iii) o estabelecimento de acordos mais significativos em relação às questões pendentes, principalmente no que se referiu à criação de uma Zona Desmilitarizada em Abyei. Discute-se, inicialmente, o estudo com uma compreensão teórica acerca da Mediação Internacional no pós-Guerra Fria visando a esclarecer suas principais premissas. Considerando-se a importância da mediação na resolução de crises internacionais, tomaram-se por base os variados tipos de mediadores. Em seguida, passou-se para a apresentação descritiva do caso prático, o conflito do Sudão do Sul, buscando-se discutir as implicações do Acordo Geral de Paz (CPA) e sua posterior implementação, em 2005. Nesse caso, procuraram-se ressaltar as questões relacionadas à partilha das riquezas, a delimitação das fronteiras e a soberania da região de Abyei. Por fim, analisou-se o papel mediador da ONU e da UA, enquanto meios de resolução de conflitos, frente a essas questões pendentes, resultantes do CPA, no biênio 2011-2012. Para tanto, apontou-se seus acertos e falhas na condução do processo de mediação desse conflito e na manutenção da paz nas áreas beligerantes. Diante do exposto, volta-se para a pergunta central desse estudo: qual a efetividade da ONU e da UA, como instituições mediadoras, na construção e promoção da paz no Sudão do Sul? Frente aos pontos levantados, argumenta-se que a efetividade da referida mediação pôde ser constatada em termos do impacto humanitário no terreno, das ações emanadas pelo Conselho de Segurança da ONU e pelo Conselho de Paz Africano em conter a violência nos Estados do Jonglei e Abyei. Portanto, esta dissertação se estrutura à luz da pesquisa qualitativa-analítica, exploratória e descritiva sobre os temas da Resolução de Conflitos, da Mediação Internacional e das Organizações Regionais e Internacionais.

The fall of authoritarian regimes in Tunisia, Egypt and Libya has changed political dynamics on the African continent. One immediate concern has been the implications of these developments for the African Union (AU) and its member states. Would overall political dynamics in the AU be changed? Would the most powerful member states use the altered circumstances to enhance their influence on AU policies andframeworks? What would the impact be for the AU's overall authority? In this Discussion Paper series, three edited papers are presented that tackle AU political and institutional dynamics in light of the Arab revolts. A particular puzzle addressed is the current postures of South Africa,Ethiopia and Algeria within the AU. A separate analysis of Nigeria's role was published earlier in the NAI-FOI Lecture Series on African Security. The work in this discussion series reflects the longstanding collaboration between the Swedish Defence Research Agency's Project Studies in African Security and the Nordic Africa Institute to build Africa-related research capacity on peace and security.

L’objectif de la thèse est d’étudier la politique libyenne étrangère en Afrique pendant la période (1969-2002). Les décisions de la politique étrangère libyenne ont été influencées par plusieurs orientations politiques, idéologiques et internationales. Le pétrole a permis la politique libyenne d’exercer un rôle important en utilisant s’importantes sommes d’argents provenant de ses revenus pétrolier. Ces dernières ont permis d’apporter des aides financières et économiques, ce qui a rendu la politique libyenne d’aide indispensable dans beaucoup de pays africains.Apres la fin de la guerre froide et la domination de la politique américaine au niveau mondial, la Libye a été accusée de l’affaire Lockerbie et a été sanctionnée par les nation-Unis. Les sanctions politiques et l’embargo économique ont conduits la Libye a changé sa politique étrangère et abandonner la lutte contre la présence américaine et israélienne en Afrique, ainsi qu’adopter une politique étrangère avec les intérêts occidentaux. / The aim of this thesis is to study the Libyan foreign policy in Africa from 1969 to 2002. The foreign Libyan political decision had been influence by many political, ideological and international directions. The petroleum had allowed to Libyan politics to exercise an important role by using important amount of money coming from the petroleum revenue. The latter had brought financial and economic assistance, which bring Libyan assistance policy essential in many African countries.After the end of the cold war and the world domination by the American politics, Libya had been accuse in the Lockerbie affaires and had been sanction by the United Nations. The political sanctions and the economic embargo conduct Libya to change its foreign policy and abandon the struggle against the presence of Americans and Israelis in Africa, as well as to adopt a foreign policy in the trends of Occidental interest

Magister Legum - LLM / This mini-thesis analyses the international legal framework governing the protection of the natural environment during armed conflicts. It critically examines the normative rules in international humanitarian law and international environmental law in respect of environmental damage during armed conflicts and it highlights the strengths and shortcomings of international law in this regard. Furthermore, this thesis investigates how the regulatory structures of the African Union (AU) address the problem of environmental damage during armed conflict. It draws on the aforementioned analyses to determine how regional law in Africa differs from the international regime and in what ways the regional framework may serve to complement the international legal regime in order to strengthen the protection of the environment during armed conflict on the continent.

Magister Legum - LLM / This mini thesis examines the repercussions of the establishment of institutions under the Tripartite Free Trade Area (TFTA) Agreement on countries that have multiple regional economic community (REC) memberships. The study notes that even though the TFTA initiative is being touted as a major milestone towards the ultimate establishment of the African economic Community (AEC) and that it will help solve problems associated with multiple REC memberships, the initiative may come at a cost to countries, especially those that have maintained multiple REC memberships. The study observes that the institutions that have been established under the TFTA are a mirror reflection of the already existing institutions in the three existing regional blocks forming the TFTA, thus the Common Market for Eastern and Southern Africa (COMESA), East African Community (EAC) and the Southern Africa Development Community (SADC). The mini thesis argues that the creation of new TFTA institutions, in addition to the similar existing regional institutions, will translate into more financial costs; increased human resource cost for government officers; increase in non-financial treaty related obligations; and a high possibility of reaping fewer trade related gains, for countries that have multiple REC memberships. The mini thesis further demonstrates how the lack of clarity and hierarchy in the relationship between the TFTA institutions and the RECs’ institutions may negatively impact on countries that have multiple REC memberships. The mini thesis concludes by offering recommendations on how these challenges or costs on countries with multiple REC memberships can be addressed or ameliorated. / Government of Malawi

L’évaluation de l’expérience de l’Unité africaine par rapport à l’Unité européenne dépasse l’aspect conceptuel car orientée vers une philosophie d’intérêt commun. Ainsi, il faut reconnaitre que l’idée d’Union en elle-même, est née d’un ensemble de circonstances historiques, politiques et socio-économiques. Cette évidence met en relief l’originalité de l’Union européenne qui, contrairement à l’Union africaine, a suscité une longue prise de conscience des pays fondateurs, lesquels se sont retrouvés à l’issue de la Seconde Guerre mondiale face à la nécessité de reconstruire leurs pays à tous les plans. A contrario, il semble que peu de nouveautés aient été apportées par l’Union africaine à l’Organisation de l’Unité africaine préexistante. Force est de constater, en outre, que l’Union africaine n’a fait que reconduire de façon formelle la structure institutionnelle de l’Union européenne sans prendre en compte la particularité socio culturelle et politico économique du continent africain. / The evaluation of African Unity’s experience in relation to the European Unity exceeds the conceptual aspect as oriented toward a philosophy of mutual interest. Thus, we must recognize that the idea of ​​Union itself was born of a set of historical, political and socioeconomic. This evidence highlights the originality of the European Union who, unlike the African Union, sparked a long awareness of the founding countries, which met at the end of World War II faced with the need to rebuild their country at all levels. Conversely, it seems that little new has been made by the African Union to the Organization of African Unity preexisting. It is clear, moreover, that the African Union has only formally renew the institutional structure of the European Union without taking into account the socio-cultural and politico economic peculiarity of the African continent.

Africa has for a long time been embattled by differing acts of terrorism, with divergent manifestations such as suicide bombing, killings and hijacking. Accordingly, the Organisation of African Unity and subsequently the African Union took up the responsibility of developing strategies to counter the menacing trend of terrorism on the continent. To this end, several counter terrorism interventions were created. The first of Africa's interventions was developed as early as 1992, when the Organisation of African Unity (OAU) member states adopted a Resolution to strengthen cooperation and coordination among African states against different manifestations of extremism. Although, there is abundance of scholarly literature on the subject of understanding of terrorism and its human rights implications and also on the impact of terrorism on political pluralism, there is a dearth of scholarly writings on the activities of the African Union in relation to terrorism in Africa, particularly on whether the Union is responding positively to its counter terrorism agenda. Yet, the role of the African Union in this regard on the continent cannot be over emphasised. This study is therefore carried out to scrutinise the counter terrorism agenda of the African Union and explore its counter terrorism activities from inception till date. In ascertaining the necessity for the African Union to develop ways to adequately implement its counter terrorism agenda, the study carries out an assessment of the agenda and established its link with the United Nations counter terrorism framework. Recommendations about how best the agenda can be realised concludes the study. Specifically, the research explores the activities of the African Union with the aim of determining whether the agenda was merely paved with good intentions. While many weaknesses of the agenda were discovered and discussed in depth, the research concludes, that despite the gap that exists between the agenda and its implementation and the problem of resources bedevilling the implementation of the agenda, it will be unfair to describe the African Union counter terrorism agenda as merely paved with good intentions in the lights of numerous positive steps that have been taken towards translating the agenda into full implementation. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted

In its latest attempt to curb the plight of unconstitutional changes of government in Africa, the African Union (AU) is in the process of empowering the African Court of Justice and Human and Peoples’ Rights (African Court) to prosecute perpetrators of unconstitutional changes of government in member states. This study considers the prospects and challenges of such prosecution by the proposed African Court. The study first identifies the normative and institutional framework developed by the Organisation of African Unity (OAU), and later the AU to address unconstitutional changes of government in the continent. It then analyses the AU’s response to unconstitutional changes of government in member states, taking Guinea, The Comoros, Niger, Tunisia, Egypt and Libya as case studies. In doing so, it identifies the strengths and weaknesses of the AU’s response to the changes in these countries, including the capability of the AU’s normative and institutional framework to address all forms of unconstitutional changes in the region. Most importantly, the study addresses the challenges and prospects of prosecuting unconstitutional changes of government by the proposed African Court and whether the Court would be able to overcome the short-comings identified in the case studies. It finally concludes and recommends based on the findings of the study. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted

The African Union (AU) was established by the African Union Constitutive Act in 2000 to address the shortcomings of its predecessor the Organisation for African Unity (OAU). One of the main considerations for the establishment of the AU was the OAU’s strict adherence to the principle of non-intervention. The OAU was established on the principle of sovereignty and territorial integrity but the leaders of Africa realised that while the protection of sovereignty and territorial integrity was important ambitions for the African continent, it was just as important that African conflicts are resolved more effectively. While the AU Constitutive Act restates the commitment of the AU to the principles of sovereignty and territorial integrity, the AU Constitutive Act also provides for protection of human rights and, most significantly, for the limited intervention by the AU in grave circumstances. Article 4(h) of the AU Constitutive Act provides the “right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely war crimes, genocide and crimes against humanity”. The right to intervention contain in this article provide a great opportunity to improve the effectiveness of conflict management on the African continent. However, Articles 2(4) and 2(7) of the United Nations Charter pose a strong challenge to the legality of intervention under article 4(h) of the AU Constitutive Act. It is generally accepted that consent or invitation by the state concerned precluded any wrongfulness of the prima facie violation of international law and in particular a valid exception to the prohibition on the use of force. By signing the AU Constitutive Act the member states of the AU consented in advance to the possibility of intervention and consequently there is no conflict between the right to intervene and the prohibition of the use of force, as long as the AU remains within the bounds set out in the AU Constitutive Act and the succeeding mandate given by the Assembly. It might be argued that the prohibition on the use of force is a ius cogens norm that cannot be contracted out and that any agreement to this effect is void. However, the commentaries to Article 26 of the Articles on State Responsibility state that consent may be relevant when applying such a peremptory norm. Furthermore, only the prohibition on aggression is peremptory in nature. The definition of aggression states inter alia that aggression is the use of armed force on the territory of another in contravention of an agreement between the parties concerned. Thus, use of force undertaken in the territory of a state within the bounds of the agreement between the parties is not aggression and thus not a violation of a peremptory norm. The increased international focus on human rights and human security has influenced the way the notion of sovereignty and the principle of non-interference are understood. In 2001 the International Commission on Intervention and State Sovereignty’s report “The Responsibility to Protect” introduced the twin norms of sovereignty as a responsibility and the Responsibility to Protect. The notion of sovereignty as a responsibility implies that every state has the responsibility to protect its people from gross human rights abuses, while the Responsibility to Protect (R2P) refers to the responsibility of the international community to act should as state be unwilling or unable to fulfil its responsibilities towards its citizens. By incorporation of the right to intervention in its Constitutive Act, the AU has embraced the concept of Responsibility to Protect. While the international endorsement of this concept and the constant paralysis of the SC, especially in respect of Africa, adds considerable legitimacy to possible intervention by the AU in terms of article 4(h). / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Public Law / Unrestricted

Mass humanitarian atrocities – many of them perpetrated by governments against their own people – continue to wreak havoc across Africa. These crises demand decisive action by the African Union (AU), the intergovernmental organisation that presides over peace and security on the continent. Since its formation, the AU has established a set of norms and institutions that reflect the principles of the Responsibility to Protect (R2P), and by its own declaration, has shifted its approach away from the notion of ‘non-interference’ (as espoused by its predecessor, the Organisation of African Unity) to a new position of ‘non-indifference’. However, despite its rhetorical commitment to the implementation of R2P, the AU’s handling of the 2010 Côte d’Ivoire crisis was so weak that the United Nations Security Council (UNSC) authorised an intervention led by France. The incapacity of the AU to resolve the conflict raised questions about the organisation’s rhetoric of ‘African solutions to African problems’. This study analyses the AU’s handling of the Côte d’Ivoire crisis, and thereby implicitly investigates the organisation’s challenges in operationalizing the R2P in Africa. The methodology of an extensive literature survey is employed to gather evidence of conceptual and institutional deficiencies within the AU, and possible coordination problems between the AU, ECOWAS and the UNSC in their management of African conflicts. The purpose of the study is thus to contribute to the wider intellectual discourse on R2P operationalization, and specifically aimed at strengthening the AU’s ability to implement its own peace and security agenda. / Mini-dissertation (MSecurity Studies)--University of Pretoria, 2015. / Political Sciences / Unrestricted