"This study attempts to provide a picture of how parliaments have been contributing to the protection of human rights and democracy and how the Pan-African Parliament (PAP) can draw lessons from the different mechanisms adopted by these parliaments. This study consists of five chapters. The first chapter sets out the problem that this study aims to address and reviews existing studies that have touched upon the issue. The second chapter discusses the dynamics that lead to the establishment of the continental parliament by putting it in the context of continental efforts towards better human rights protection and democratic consolidation. It also discusses the objectives of the parliament and particularly its human rights and democartic mandate. The third chapter sets out a framework for analysis. This is done by examining how parliaments have been dealing with issues of human rights and democracy with particular focus on the European Parliament (EP). This chapter looks at the different structures and mechanisms that the parliaments have employed towards this end but also tries to look further into the powers and compositions of parliaments that [have] enabled them to use such mechanisms and effectively engage in the promotion of human rights and democracy. The fourth chapter discusses in detail the powers, functions and their implications on how PAP promotes human rights and democracy. The activities so far carried out, institutional mechanisms adopted and the potential role it could have and mechanisms it could employ by taking lessons from the design, internal workings, and mechanisms discussed in the previous chapter is provided. Finally the relevant conclusions will be made with recommendations on the way forward for the continental institution in terms of organisation, composition, structures and mechanisms it could adopt towards promotion of human rights and democracy." -- Introduction. / Mini Dissertation (LLM)--University of Pretoria, 2006. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The African Union's Panel of the Wise was inaugurated on 18 December 2007. The prospects of the Panel as a conflict prevention and peace and security promotion tool in the AU Peace and Security architecture may remain dim unless its concept is understood and the Panel is effectively operationalised. To this end therefore, the objectives of this study are as follows: (1) To examine the need for the Panel in the AU Peace and Security Architecture. (2) To examine the institutional design of the Panel. (3) To explore the prospective roles for the Panel in the AU Peace and Security Architecture. (4) To identify how the Panel can promote the internalisation of peace and security in Africa. The study will propose key strategies to improve the relevance of the Panel as a tool of the PSC in facilitating peaceful interventions and promotion of peace and security in Africa. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A 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 Dr Christopher Mbazira, Faculty of Law, Makarere University, Uganda / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

"The Constitutive Act of the African Union (AU Act) recognises in article 4(c) as one of its principles: 'participation of the people in the activities of the Union'. This principle could be implemented through, among others, the involvement of non-governmental organisations (NGOs) in the activities of the AU. This study submits that NGOs will play a meaningful role in ensuring the promotion and protection of human rights by the AU and its institutions. The New Partnership for Africa's Development (NEPAD) is an economic programme of the AU. The NEPAD document outlines among other things the promotion and protection of human rights as a necessary precondition for the success of NEPAD. Therefore, a lot of NGO input is needed for the efective implementation of NEPAD's human rights ovjective as well. ... In addition to this introductory chapter, the study continues along the following outlines: the second chapter examines the legal basis and institutional framework of the African Union relating to human rights and the possibility of cooperation between NGOs and the different organs of the AU and NEPAD. Chapter three addresses the mandate of the African Commission for protection and promotion of human rights in Africa with the view of investigating what lessons can be learnt from this cooperation. This chapter focuses on the extent to which NGOs have contributed to the enhancement of the work of the African Commission. Chapter four highlights the role of NGOs in the UN system regarding the protection and promotion of human rights, with the view of drawing some inspirations and making recommendations of this experience to the AU. Chapter five sums up the general conclusions made in the study and makes some recommendations." -- Chapter 1. / Prepared under the supervision of Mr. Tshepo Madlingozi at the Faculty of Law, University of Pretoria, South Africa / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

“For too long the world has stood by in the face of atrocities. The Responsibility to Protect is a commitment to act.” After the 2005 World Summit, the international community endorsed a new international norm, the Responsibility to Protect. This new international norm stipulates that the primary responsibility to protect the population of a country lies with the state itself. When a state is either unable or unwilling to protect peoples, the responsibility shifts to the international community. The obligation must be exercised preventively and the tools of action include diplomatic, legal and other peaceful measures; coercive measures such as sanctions; and, as a last resort, military force. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

No description available.

An increased global attention has been placed on the effects of migration on development, particularly in Africa, due to the increase in remittances to the continent. The African Union (AU) has negotiated multiple migration frameworks and conventions to promote development in this arena. The increased attention has also made researchers within the Migration-Development Nexus (MDN) question the uncritical use of the concept development. This study aims to answer the question of: “How does the AU’s representation of development affect its migration policy?”. The “What's the Problem Represented to be?” model was used to analyse the colonial discourse in the representation of development in the Migration Policy Framework for Africa 2018-2030. The results showed that development is discursively represented as economic growth, migrants are seen as agents of development and North-South hierarchies are evident in the representation of developed/underdeveloped. It was concluded that focus should lie on state-by-state definitions of what development is and is not

The European Union and Africa have sought to establish tight economic and political relations after the era of colonialism. However, European colonialism in the African continent has left behind colonial legacies that are still present in the postcolonial world. Contemporary EU- Africa relations have aimed to transcend the conventional donor-recipient relationship shaped by colonial legacies, towards a more equal and mutually beneficial partnership. Such a partnership of equals has been a declared goal of the current European Commission outlined in the EU-Africa Strategy “Towards a comprehensive Strategy with Africa”. This thesis aims to examine the partnership and power relations between the EU and the AU, seeking to answer the question of how the EU constructs Africa as an equal partner in the EU- Africa Strategy. This thesis entails theoretical and analytical frameworks combining two critical approaches, postcolonial theory and the WPR method. By applying these frameworks to the thesis, the findings reveal that the EU constructs Africa as a dependent partner through pragmatic discourse on partnership, due to the deep-seated remnants of colonial structures within the EU-Africa Strategy. These colonial structures position the EU as a dominant actor providing support for the dependent actor, Africa, implying that the partnership is based on asymmetrical power relations between the two actors. This research attempts to contribute to the somewhat underdeveloped canon of postcolonial approaches to EU-Africa relations and highlight the suitability of a postcolonial approach for this type of research.

No / This chapter proposes the application of the people, context, deal and opportunities (PCDO) model to support entrepreneurship advancement in Africa. This proposal recognises patterns of conflicts and crises fuelled by both internal and external forces in some African countries, and that this pattern inhibits entrepreneurship advancement. However, undaunted by the seemingly unfavourable conditions, in 2013, African leaders set Africa on a 50-year journey towards an integrated, peaceful, progressive and prosperous Africa of the future in what is known as Agenda 2063. The proposal is anchored by Aspirations 4 and 6 of Agenda 2063, which propose that people, peaceful and secured environment are necessary for the achievement of the ‘Africa we want’, which arguably, will in turn promote entrepreneurship advancement in Africa. The chapter argues that reforms in the legal and institutional framework of the Africa Union (AU) should consider the application of the PCDO model to maximise opportunities for entrepreneurship development in Africa.

Yes / In light of the emerging African Union (AU) legal order, this chapter examines AU’s institutions and courts to situate AU law in the wider context of AU’s enforcement mechanisms. In the nearly two decades of the operational phase of the AU, several institutions and courts have arguably ensured enforcements of its laws, policies, and decisions. Added to its judicial, human rights, and legal organs, the African Court of Human Rights has been at the disposal of the AU in the fight against human rights abuses and implementation of regional and international instruments in environmental and criminal law matters. What could potentially be the impact of these institutions on AU law? Also, will the evolving AU law require a separate enforcement mechanism, or could it rely on pre-existing institutions and courts? These issues become necessary in view of the AU’s commitment to implement Aspiration 3 of Agenda 2063, which amongst other things, envisions respect for human rights, justice, and the rule of law within the region. The chapter argues that the challenges of weak institutions, corruption, and internal conflicts are endemic within the continent. Therefore, it takes the view that a system of normative, cultural, and cognitive institutional reforms and transformation will be valuable.

This study is entitled ‘investigating the challenges in enforcing international human rights law in Africa: Towards an effective regional system’. It centres around a critical research problem namely: what challenges beset regional enforcement of human rights law in Africa and how can they be addressed to ensure the effective promotion and protection of human rights in the continent? It critically reviews and revisits the discourses and scholarly arguments on the crucial issue of regional enforcement of human rights law in Africa. It traverses through historical epochs in order to explain the origins, scope and evolution of human rights law in Africa. This is done in the quest for answers to questions such as: When and how did Africa’s regional human rights system originate? What factors led to its emergence? Was the concept of human rights recognised in Africa prior to European colonial rule? What is the present status of international human rights in Africa? It therefore lays the foundations for a better understanding of the historical and philosophical origins and evolution of Africa’s regional human rights system. The study then proceeds to review the normative and institutional mechanisms established in Africa to enforce human rights at the regional level. Particularly, it highlights the roles of the African Commission and Court on Human and Peoples’ Rights in the light of their contribution to, and challenges in, the enforcement of human rights in the region. The study concludes with recommendations on the possible ways to invigorate the African human rights system. One of the key findings is that, with appropriate reforms, the system can be more effective. / Constitutional, International & Indigenous Law / LL.D. (Public, Constitutional and International Law)