The main objective of this thesis is to critically investigate and analyse the institutional role of the OAU in conflict resolution in Africa. In order to achieve that goal, among other things, it is argued that the philosophy, ideology and history of the Pan-African Movement influenced and shaped the institutionalisation process of the Pan-African Movement and the eventual establishment of the OAU, the formulation of its goals and objectives, as well as the OAU's potential in the resolution of conflicts on the continent. It is also argued on the one hand, that the tension between the preservation of sovereignty of the OAU member states, as well as their national interests and the promotion of continental interests on the other hand, directly affected the work of the OAU in conflict situations in Africa. Furthermore, it is emphasised in the thesis that the colonial legacy and the dynamics of the Cold War era did indeed affect the relations between the OAU member states and as a result, impacted on the African regional cooperation and the role of the OAU in conflict resolution processes in Africa. Another important aspect highlighted in the study was the evolution of the structures of the OAU involved in conflict management and resolution and their effect on the resolution of conflicts on the continent. A critical assessment was made of the various organs, mechanisms and methods adopted by the OAU and an attempt was made to ascertain whether they were suitable for the types of conflicts they were meant to resolve. Indeed, it is argued in the thesis that the principal organs of the OAU either lacked adequate powers to resolve inter-state conflicts, or they were inappropriately structured and thus they could not resolve these conflicts because their structures were not appropriate to intervene in most of these conflicts. Therefore, it can be stated that the mechanisms that were adopted by the OAU mediators to resolve these conflicts were not appropriate for the types of conflicts in which they were involved. It is important to mention that the conflict resolution mechanisms, which were provided for by the OAU Charter, were mainly aimed at resolving inter-state conflicts, and did not cater for various types of intra-state conflicts. An attempt was made in the study to ascertain to what extent this omission affected the role of the organisation in dealing with intra-state and other forms of conflicts, which emerged on the continent. Moreover, it is argued that the structural set up of the OAU's conflict resolution organs has produced complex legal and political problems for member states as well as to the parties to the conflicts. That situation in turn produced complex impediments in the operationalisation and the work of these organs in conflict resolution situations in Africa. This was because their functions were not distributed to minimise jurisdictual disputes such as boundary conflicts, hence resulting in the ineffectiveness of the work of the organisation. The study further analysed the extent to which the role and position of the UN as an international institution affected the role of the OAU in conflict management and resolution in Africa. The thesis also tried to ascertain to what extent the structural weaknesses and inherent challenges regarding the role of the UN in peace making in Africa hampered the work of the OAU in conflict situations where its cooperation with the UN was essential. Moreover, it is argued that the role and position of other regional organisations on the continent did in fact affect the role of the OAU in conflict management and resolution and that the inherent challenges and legal omissions of some vital provisions in the OAU charter regarding the role of the sub-regional organisations in peace-making in Africa did constrain the work of the OAU in conflict situations where its cooperation with sub-regional organisations was required. It was further argued that, although the American-European initiatives in conflict prevention, management and resolution in Africa was meant to facilitate and enhance the activities of the OAU in conflict situations in Africa, some of these initiatives did affect in different ways the role of the OAU. Finally, several arguments were presented to explain why the OAU was not able to successfully resolve the Ethiopian-Somali boundary dispute, a conflict seen as a typical inter-state dispute. Indeed, it is argued in the thesis that the Ethiopian-Somali boundary dispute exemplifies the challenges faced by and inherent weaknesses of the various mechanisms the OAU mediators had adopted to deal with conflict situations in Africa. / Political Science / D. Litt. et Phil. (International Politics)

The main objective of this thesis is to critically investigate and analyse the institutional role of the OAU in conflict resolution in Africa. In order to achieve that goal, among other things, it is argued that the philosophy, ideology and history of the Pan-African Movement influenced and shaped the institutionalisation process of the Pan-African Movement and the eventual establishment of the OAU, the formulation of its goals and objectives, as well as the OAU's potential in the resolution of conflicts on the continent. It is also argued on the one hand, that the tension between the preservation of sovereignty of the OAU member states, as well as their national interests and the promotion of continental interests on the other hand, directly affected the work of the OAU in conflict situations in Africa. Furthermore, it is emphasised in the thesis that the colonial legacy and the dynamics of the Cold War era did indeed affect the relations between the OAU member states and as a result, impacted on the African regional cooperation and the role of the OAU in conflict resolution processes in Africa. Another important aspect highlighted in the study was the evolution of the structures of the OAU involved in conflict management and resolution and their effect on the resolution of conflicts on the continent. A critical assessment was made of the various organs, mechanisms and methods adopted by the OAU and an attempt was made to ascertain whether they were suitable for the types of conflicts they were meant to resolve. Indeed, it is argued in the thesis that the principal organs of the OAU either lacked adequate powers to resolve inter-state conflicts, or they were inappropriately structured and thus they could not resolve these conflicts because their structures were not appropriate to intervene in most of these conflicts. Therefore, it can be stated that the mechanisms that were adopted by the OAU mediators to resolve these conflicts were not appropriate for the types of conflicts in which they were involved. It is important to mention that the conflict resolution mechanisms, which were provided for by the OAU Charter, were mainly aimed at resolving inter-state conflicts, and did not cater for various types of intra-state conflicts. An attempt was made in the study to ascertain to what extent this omission affected the role of the organisation in dealing with intra-state and other forms of conflicts, which emerged on the continent. Moreover, it is argued that the structural set up of the OAU's conflict resolution organs has produced complex legal and political problems for member states as well as to the parties to the conflicts. That situation in turn produced complex impediments in the operationalisation and the work of these organs in conflict resolution situations in Africa. This was because their functions were not distributed to minimise jurisdictual disputes such as boundary conflicts, hence resulting in the ineffectiveness of the work of the organisation. The study further analysed the extent to which the role and position of the UN as an international institution affected the role of the OAU in conflict management and resolution in Africa. The thesis also tried to ascertain to what extent the structural weaknesses and inherent challenges regarding the role of the UN in peace making in Africa hampered the work of the OAU in conflict situations where its cooperation with the UN was essential. Moreover, it is argued that the role and position of other regional organisations on the continent did in fact affect the role of the OAU in conflict management and resolution and that the inherent challenges and legal omissions of some vital provisions in the OAU charter regarding the role of the sub-regional organisations in peace-making in Africa did constrain the work of the OAU in conflict situations where its cooperation with sub-regional organisations was required. It was further argued that, although the American-European initiatives in conflict prevention, management and resolution in Africa was meant to facilitate and enhance the activities of the OAU in conflict situations in Africa, some of these initiatives did affect in different ways the role of the OAU. Finally, several arguments were presented to explain why the OAU was not able to successfully resolve the Ethiopian-Somali boundary dispute, a conflict seen as a typical inter-state dispute. Indeed, it is argued in the thesis that the Ethiopian-Somali boundary dispute exemplifies the challenges faced by and inherent weaknesses of the various mechanisms the OAU mediators had adopted to deal with conflict situations in Africa. / Political Science / D. Litt. et Phil. (International Politics)

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

My thesis analyses the opportunities and the efectivity of the African union by ensuring security and stability on the African continent. It reffers to the establishment of the organisation, its ideological basis, organs and mechnisms which were set up to fulfill its role as a guarantee of security in Africa. The thesis also shows the development of the relations between the AU and other African regional organisations so as the relations between the AU and the UN in the security area. It also analyses the positive and negative aspects of this mutual cooperation. The end of the thesis is dedicated to the concrete approach to the solution of the humanitarian crises in Darfur. It shows the cooperation with the UN in the form of a hybrid mission UNAMID and the challenges and problems which have to be currently faced by the mission.

"The Organisation of African Unity (OAU), in spite of its commitments to human rights, failed to develop its institutions for conflict resolution and thus address the problem of massive and grave human rights violations that occurred as a result of conflicts. The OAU failed to actively engage the African Commission, which was established to promote and protect human rights, in addressing any of the conflicts in Africa. The OAU also failed to take action on the reports of the African Commission, in which the Commission had highlighted cases of massive and grave violations of human rights occasioned from conflicts. Consequently, most of the conflicts in Africa have not been fully resolved and there are still instances of sporadic outbreaks of violent conflicts with fatal consequences. The African Union (AU) improves upon the commitment of the OAU to human rights and conflict resolution by incorporating human rights norms into its Constitutive Act and the establishment of the Peace and Security Council of the African Union (AUPSC). However, the AU is yet to demonstrate its real commitment to human rights and conflict resolution particularly in taking action on reports of violations of human rights occurring as a result of conflicts. ... This thesis is composed of five chapters. This first chapter provides a general introduction to the thesis and outlines its structure. Chapter two looks at the relationship between human rights and conflict resolution and examines some of the tensions that exist between the two fields in terms of their normative standards, objectives and strategies. The third chapter then looks at the mechanisms for conflict resolution in Africa under the OAU, manely the Commission of Mediation, Conciliation and Arbitration (CMCA) and the Mechanism for Conflict Prevention, Management and Resolution (MCPMR), their successes and failures and the lessons that can be drawn from their performance and also discusses the role of the African Commission in conflict resolution. Chapter four discusses the AUPSC, its structure, powers, organisaton and performance so far. Chapter five covers the conclusions and recommendations of the study." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Dr. Enid Hill at the Department of Political Science, School of Humanities and Social Sciences, American University in Cairo, Egypt / http://www.chr.up.ac.za/academic_pro/llm1/llm1.html / Centre for Human Rights / LLM

Thesis (Ph.D. (Political Science)) -- University of Limpopo, 2022 / Much of the literature on the recent Libyan conflict is framed through a Westernised lens. This is an epistemic and ontological setback for Africa. Hence, the transition from the Organisation of African Unity (OAU) to African Union (AU) with the principle of, “African solution to African problems,” seemed to be a plausible one after a number of imported solutions and western powers’ interventions that often left the continent worse off than before. Syria shared a similar situation with Libya but the intervention from the western powers differed significantly. Against this setback, this study employs Afrocentricity as an alternative theoretical lens to examine the incompatibilities of North Atlantic Treaty Organisation’s (NATO) involvement in the Libyan conflict within the context of the African Agenda. The objectives of the study were to evaluate the relations between AU and UNSC on the Libyan crisis, how the UNSC Res 1973 was understood and implemented AU and NATO and to reflect on the implications of NATO led military intervention under the pretext of Responsibility to Protect civilians in Libya. The involvement of NATO’s military force sealed not only the fate of Libyans with no long term plan to the resolution of the crisis but also severely restricted and undermined the efforts of AU in Libya. The efforts of AU and its roadmap were completely negated when NATO forces started their air raids. Divisions were clearly evident within NATO members with Germany and Netherlands opposing the motives of NATO. The intervention by NATO facilitated regime change and flooded the region with illicit trade in arms and goods, harboured armed extremists’ groups, and terrorists. The cauldron of all of the above effectively destabilised the region. It also exposed deep divisions within AU members, lack of coordination and the effects of limited resources on operations that could be handled continentally to avoid unsavoury interventions. In relation to the Libyan crisis, AU and NATO had divergent interests and could not cooperate in finding long lasting solutions. AU should in the future be proactive in resolving conflicts with the continent and should be prepared to fund its own operations in order to reduce dependence on foreign assistance in similar situations in the future.

Kwame Nkrumah was the first African leader to pursue the idea of Africa’s continent-wide unity with fervour. Many thought that African unity will only be the pooling of poverty and that Nkrumah’s dream was impossible. Nkrumah was known for his philosophy "Seek ye first the political kingdom and all things shall be added unto it". He thought that political unity should precede economic unity, which would naturally follow. Even though the newly independent African states agreed on the necessity of unity, his philosophy was not welcomed when the Organisation of African Unity was established in Addis Ababa (Ethiopia) in 1963. Rather, delegates opted for incremental political integration leading to economic integration –an aspiration that Africa is still struggling to bring to fruition. This study demonstrates that Nkrumah’s idea of political unity before economic integration was and still is valid for Africa’s continent-wide unity. To this end, the study will use textual sources and use diachronic and integrative approaches as analytical tools. / Political Sciences / M.A. (International Politics)

Peacekeeping is a means by which international or regional organizations control conflict situations that are likely to endanger international peace and security. Most scholars have viewed the contributions of peacekeeping forces only in terms of failures, and they have not investigated fully the political-military circumstances" under which conflict control measures succeed. This dissertation is an attempt to bridge this gap and to show how the OAU compares with the UN in carrying out peacekeeping missions. The method of research was the case study method in which primary and secondary data was used to describe the situations in which six peacekeeping forces operated. The content of resolutions, official reports and secondary data were examined for non-trivial evidences of impediments to implementation of mandates. Findings from the research indicate that peacekeeping missions not properly backed by political efforts at settlement of disputes, cooperation of the superpowers, and financial and logistic support were ineffective and usually unsuccessful. Lack of consensus and pursuit of national interests have resulted in ambiguous or unrealistic mandates and have reduced the effectiveness of peacekeeping operations. Moreover, parties to a conflict were interested only in solutions that favored their interests and were often skeptical about the role and credibility of peacekeeping forces. But the continued violations of ceasefire agreements in defiance of the presence of peacekeeping forces were due partly to the force's inability to use force except in self-defense , Most of the forces operated under serious operational and logistical difficulties and they were inadequately funded. But none of the three factors has been responsible alone for the failure of peacekeeping missions. The coordination of UN operations has been better than that of the OAU. In civil war situations, national governments have requested peacekeeping forces because they could not, unaided, put down their opponents. The UN has deployed its forces only as a means of relaxing tensions while member-states have pursued other interests.

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)