No abstract available Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Public Law / unrestricted

M.A. / Since the end of the Cold War era, peace and security have been the first priority of the African states. Africa has been afflicted by armed conflicts, wars and genocide since the African states gained their independence in 1960s. Presently, there are still some countries that are involved in conflicts including Sudan and Somalia. Armed conflicts undermine Africa's social and economic developments. Furthermore, this situation threatens African political stability in particular, peace and security. The international community is actively engaged in promoting peace, security and stability in Africa. So far, the United Nations (UN) has conducted eighteen peacekeeping operations and it still leads eight peacekeeping operations in Africa. It was found that peacekeeping operations are crucial to sustain peace and stability on the continent. The focus and aim of this study is to investigate cooperation between the European Union (EU) and the African Union (AU) with regard to peacemaking and peacekeeping in Africa. It was found that cooperation between the EU and AU has increased since the first EU-Africa Summit in Cairo in 2000. Both the EU and the AU have recently strengthened their relationship in a wide range of activities including human rights and governance, economic growth as well as peace and security. Importantly, the second EU-Africa Summit was held in Lisbon, in December 2007. At this, the EU highlighted the importance of a comprehensive, robust and long-term framework for its relations with the AU. The EU and Africa are connected by strong historical, trade and colonial links and the EU has a deep interest in a prosperous and stabilised Africa. Meanwhile, armed conflicts not only paralyse the African continent's, but also the European states' interests. Thus, the EU has reinforced its relationship with the AU in the fields of peace and security.

Almost four decades of decolonisation and independence of sub-Saharan Africa have been characterised by inter-state and intra-state conflict situations, denying the continent stability and development. The study critically examines the evolution of a vision for collaboration and cooperation on peace and security in the interface between the African Union and the United Nations. The post Cold War period allowed the institutionalisation of peace and security cooperation between the UN and regional organizations, in particular the AU. The analysis argues that regional stability has been elevated into one of the key indicators of possible threats to international peace and that regionalism recognised as a necessary component of multilateralism in maintaining peace and security in the world. The UN Security Council and the AU Peace and Security Council have developed a structured relationship that ensures information exchange on issues on common concern. Africa is assuming responsibility ad ownership of its peace and security problems by seeking to find solutions in partnership. The complementarity and comparative advantage of the two organizations has contributed to the emerging continental stability, state institution building, governance structures and African Peace and Security Architecture. The 2000 AU Constitutive Act and the 2002 AU Peace and Security Protocol had purposefully entrenched collaboration with the United Nations on peace and security. The signing of the 2006 Declaration Enhancing UN-AU Cooperation provides the framework and compass for building the AU capacity and access to resources. The evolving peace and security cooperation is not an easy matter as African leadership seeks to convince the international community, especially the UNSC, not to be indifferent to Africa’s perennial prevalence of conflicts. AU and UN peace and security cooperation is in its infancy, African leadership political will is the key to its consolidation. / Dissertation (MDiplomatic Studies)--University of Pretoria, 2012. / Political Sciences / unrestricted

This inquiry was prompted by the resurgence of the phenomenon of coups in Africa in the recent past. The most recent wave of coups has brought the phenomenon under the scrutiny of continental and international bodies. Unlike in the first three decades after independence, which were characterized by inaction and indifference in the face of coups, in recent times African leaders are determined to stem the tide of coups through an unprecedented set of continental and sub-regional norms and collective action. The mini-thesis analyses traditional, and modern security paradigms, as well as comparative politics in order to understand and situate African coups. It argues that the African coup oscillates between the realist, organizational and praetorian paradigms of civil-military relations. Unlike its predecessor, the moribund Organisaton of African Unity (OAU), the African Union (AU) through normative instruments has demonstrated greater enthusiasm not only in reversing the coup tide, but more fundamentally in entrenching a culture of democracy and good governance. Its pronouncements and active engagement in coup-affected countries have been consistent, unambiguous and forthright. In conclusion, the mini-thesis identifies and assesses a myriad of factors at state and regional levels, as well the interests of foreign actors which have over the years conspired to limit the ability of continental bodies to deal effectively with unconstitutional changes of government. These factors, which are largely located at state level, at the core of which is the nature and form of the African state, need to be addressed first in order to rid the continent of the coup contagion. / Dissertation (MDiplomatic Studies)--University of Pretoria, 2010. / Political Sciences / unrestricted

The purpose of this study is to ascertain what role multilateral diplomacy has played in building and operationalising the AU, and whether it is likely to continue to consolidate the Union and, as a corollary, Africa’s socio-economic and political renewal. In this way the dissertation analyses both the role of multilateral diplomacy already utilised and the future prospects for diplomacy to entrench the Union’s organs and programmes. As most of the primary organs of the AU were established during the period 2000-2004, the diplomatic substance and process, which was predominantly multilateral in form during that period, is examined. The study attempts to provide explanations and offer recommendations for diplomatic behaviour by African states within the continental organisation, and the AU within the international context. Rationalist as well as constructivist international relations theory is used as a conceptual framework in order to examine diplomatic relations aimed at promoting issues of security, power and survival of the state, as well as ideas related to political economy, international cooperation and the environment, and international institution building. The diplomacy already utilised in the creation of the AU’s primary organs was predominantly focused on procedural issues, conducted by means of African multilateralism such as regional bloc diplomacy and personal diplomacy by African Heads of State and Government. The necessity to include other, non-state actors in the AU consolidation process is also evident. Prioritising the Union’s policy objectives under economic development and integration; continental good governance; and the popularisation of the AU, the study postulates that future African diplomacy will probably continue to be regionally driven, economic and public in nature and focused on making tangible progress. With the institutional infrastructure in place, the need for multilateral diplomacy to be geared towards implementation of AU commitments is emphasised. Multilateral diplomacy is likely to prevail in AU diplomatic practice both in terms of substance and procedure and will need to focus on addressing the enormous challenges faced by the continent including eradicating poverty and underdevelopment, ensuring peace, security and stability and combating HIV and AIDS, amongst others. The AU needs to use multilateral diplomacy, not exclusively but in conjunction with other forms of diplomacy, to effectively and efficiently implement its commitments and programmes for the tangible benefit of the ordinary African citizen. Only then will the AU be deemed credible in the eyes of its people and the rest of the world. Copyright / Dissertation (MDIPS)--University of Pretoria, 2009. / Political Sciences / 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

"By promoting and defending human rights and freedoms, by promoting the participation of African civil society in the implementation of the policies and programmes of the African Union (AU), and by forging greater partnership between social and professional groups and governments, the Economic, Social and Cultural Council (ECOSOCC) will play a critical role in the promotion and protection of human rights in Africa. However, it is far from clear how this important organ is related to human rights organs of the AU which includes the African Commission on Human and Peoples' Rights (the African Commission), the African Court on Human and Peoples' Rights (the African Court) and the African Committee of Experts on the Rights and Welfare of the Child (Committee of Experts). How can effective relationships between ECOSOCC on the one hand, and these human rights organs on the other, be achieved for the realisation of the human rights mandate of ECOSOCC? ... The essay comprises five chapters. Chapter one is [an] introduction and begins by posing the research question and the justification for the research. Chapter two gives the introduction of ECOSOCC, its background, structure and mandates and looks into the satutes of ECOSOCC, its draft rules of procedure and its strategic plan for the years 2005-2007. Chapter three makes a comparative analysis with other regional human rights sytems, namely the Council of Europe and the Organisation of American States as a point of inspiration for the African system. Under chapter four, the research discusses and analyses the possible relationships and coordinative mechanisms ECOSOCC can create with the human rights organs of the African Union in order to fulfil its human rights mandate. Chapter five makes a conclusion and concrete recommendations." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / Prepared under the supervision of Dr. Alejandro Lorite Escorihuela at the Faculty of Law, American University in Cairo, Egypt / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

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

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