No abstract available. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Centre for Human Rights / unrestricted

The flexibility of long-term investment contracts is a benefit to both an investor and the state for mitigating the effect of an unforeseeable event which negatively impacts on the viability of the contract. However, the aspect of sanctity of contract has often prompted rigid provisions with the underlying rationale that this gives investors security and predictability. In contrast, by virtue of the principle of fundamental change of circumstances, new trend has come to life in the field of extractive industries consisting of inclusion in the contract a provision that provides for renegotiation or adaptation of the existing agreement. The reasoning behind the adoption technique is that parties should not be obliged to carry on a performance which would be unjustly onerous or fruitless due to a supervening unregulated event. The main criticism of this approach is that the claim for renegotiating an existing agreement which contains no renegotiation clause or insistence on a third party intervention for adapting such a contract amount to an undue interference. However, the manner in which contracts are negotiated in countries that exhibit poor governance or situation of army conflict challenges this view. The question asked is whether an unfair contract concluded with unelected government or leaders of military factions and subject to corruption can be allowed to survive without being revised. The DRC, realizing this problem, undertook to renegotiate some of its mining contracts with specific objectives, such as; investor respect of legislation, use of local resources, social responsibility clauses, and evaluation of the input of the partners taking into account the equity shareholding with the public party holding not less than 51%. This has resulted in the termination and cancellation of certain contracts. Aggrieved investors filed several proceedings, but they dropped them, privileging an amicable settlement. Besides, the outcome of the renegotiation suggests that Congolese negotiators have not fully achieved the objectives set out at the start of the process. Against this backdrop, the dissertation found that the Congolese mining sector is governed by a broad range of regulations and corresponding supervisory bodies. Constant suspicions of illegally mining exploitation prevail on the sector as a result of the ill enforcement of the aforesaid regulations, corruption and mismanagement. This study also found that renegotiating an existing agreement is a common practice in commercial contracts. Major systems of law have dealt with when they confronted with the issue related to the non-performance of a contractual obligation. The stability of the contractual terms is must but, at the same time, a certain degree of flexibility is necessary to allow parties to adjust their relationship in case of imperfections, cultural differences or supervening of unforeseen events. However, to be effective, the renegotiation mechanism must be regulated for not fuelling unlimited demand of adaptation, therefore, instability of the contract. The renegotiation of mining contacts in DRC was extremely politicised. However, both investor and Congolese sides have benefited from that differently. The Congolese government gave preference to short-term profits result to the expenses of the long-term improvements. By comparison, the majority of investors have secured their assets. Others have even increased them. An examination of the amended agreement that have been disclosed so far reveals that a lot issues remain unresolved, particularly with regard to the reasons that prompted the renegotiation. Moreover, parties to the aforesaid process did not attempt to regulate future demands of adaptation. Based on these findings, the recommendation of the dissertation is that future mining agreements should include a renegotiation clause and regulate the intervention of a third party. The Congolese government should endeavour to lessen political interference throughout mining contract negotiations. It should also build negotiation skills among its representatives involved in that process. Investors should increase among them awareness of corporate social responsibility standards for preventing illegal exploitation of mining resources which, ultimately, results in triggering unilateral contract adjustment. The remaining issues in connection with the amended agreements should be resolved amicably for this approach is more likely to bring mutual satisfaction to both the Congolese state and investors. / Dissertation (LLM)--University of Pretoria, 2013. / Centre for Human Rights / unrestricted

This dissertation entitled: “Policy Options in The Democratic Republic of the Congo (DRC): An Overview from 1960 to 2006” entails to develop an analytical framework with the intention of looking at various policy options that could guide the leadership in mapping out a roadmap for sustainable development in the reconstruction of the Democratic Republic of the Congo (DRC). The research recognises that suitable policies which can provide solutions for the political and socio-economic problems of the DRC must be sought within the geographic, demographic, religious and ethnic context of that country. Hence, the dissertation departs from the premises that the diagnosis of the solution needed to remedy problems afflicting many African nations such as the Democratic Republic of the Congo begins with the inherent problem of governance. Consequently, the study investigates sources of bad governance and factors which have led to the collapse of a state beginning with the historical consequence of colonialism and the mismanagement by successive regimes. These factors are largely responsible for the decimation of potentially, Africa’s wealthiest nations, reducing them to being amongst the poorest in the world. Beyond the context of the continental policies, the dissertation examines the Democratic Republic of the Congo’s own Post Conflict and Reconstruction policy. Also for consideration is the areas of priority that needs focussing on if a post conflict and reconstruction policy is to be successful. This includes ensuring that peace and security prevails by stabilising the country through the reform of the security sector. Security in this context must be understood in its broad format which includes human security. On the other hand, the study also presents the argument that policies alone are not sufficient to create a functioning state that is of service to its people. For the future and prosperity of the Congo, it is essential not only to have the correct policies only, but also a leadership, at all levels, that will embrace and implement them. / Dissertation (MAdmin)--University of Pretoria, 2009. / School of Public Management and Administration (SPMA) / unrestricted

The DRC has recently embarked on a new SEZ project. The country does not have a history of success with SEZs, however, much like other African countries. This paper investigates the past and current legal frameworks governing SEZs in the DRC, in an attempt to identify their weaknesses and strengths, with the ultimate goal of finding room for improvement and preventing the failures from the past from occurring again. Because the DRC cooperates closely with South Africa on SEZ regulation, the paper also delves into the South African experience, to see whether the DRC can already draw lessons from South Africa. The study then formulates a number of recommendations including that a new fiscal and non-fiscal incentive framework should be established. / Dissertation (LLM)--University of Pretoria, 2014 / gm2015 / Centre for Human Rights / LLM / Unrestricted

The Democratic Republic of Congo (DRC) has been ravished by internal conflicts for the past two decades. These conflicts have come at a great cost to the people of the DRC, often resulting in a number of human rights atrocities. These atrocities range from the loss of life, resulted in internal displacement and creation of refugees’ communities, as well as the destruction of property and infrastructure , all contributing to prevailing conditions of poverty and deep societal divisions. While there are many underlying factors that fuel these conflicts, the key drivers of the conflict are linked to the unequal distribution of the DRC’s national resources and the mismanagement of public services. Intense frustration and a sense of helplessness to change the status quo have repeatedly manifested itself in a cycle of war and ethnic cleansing. In this regard, the pattern of conflicts has been the manifestation of the frustration of the Congolese people as a whole. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010. / 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 Prof. Nico Steytler at the Faculty of Law, University of the Western Cape, Cape Town, South Africa. 2010. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

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

No abstract available. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Centre for Human Rights / 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

While it has become the United Nations (UN) responsibility to peacekeep the world’s most conflict ridden countries, so too has their impact on the physical environment increased. Large numbers of personnel require equally vast amount of logistical requirements and equipment for the sustainment of operations. Base camps are the focal points from which operations are managed in the field. The ability of peacekeeping base camps to handle their solid waste, both on-site and off-site in low capacity environments, has gained greater attention as environmental concerns have increased globally. Interviews conducted with the South African National Defence Force (SANDF) (acting as a current Troop Contributing Country (TCC) to the United Nations (UN) peacekeeping mission in the Democratic Republic of the Congo) determined the problems facing appropriate solid waste collection, treatment and disposal methods utilized in and outside peacekeeping base camps and their specific limitations. It was found that there was inefficient monitoring and follow up processes involved with solid waste contracting providers; that there is a need for the inclusion of focused solutions during the operational planning stages; and, there is a deficiency in placed responsibility both from within a TCC and between the UN as to how and whom should manage the solid waste emanating from within base camps. This MA dissertation achieved the understanding that there must be greater focus placed on the delineation of responsibility for the management of solid waste within base camps in the documents that initially structure operations between TCCs, the UN and host nations, thereby limiting the impact on the physical environment from peacekeeping to the furthest extent possible. / Dissertation (MA)--University of Pretoria, 2013. / Geography, Geoinformatics and Meteorology / MA / Unrestricted

The United Nations General Assembly adopted on the 20PthP of November 1989 the Convention on the Rights of the Child responding to the atrocities committed against the child, the deaths of children from armed conflict, and children suffering from diseases and hunger. Moreover, the UNGA adopted on May 25PthP, 2000 two Optional Protocols to the CRC relating to the involvement of children in armed conflict and to the sale of children, the use of the child for pornography and prostitution. The CRC, almost ratified by all states, contains a comprehensive list of Human Rights relating to children which should be respected, promoted, protected and fulfilled. The CRC guarantees children’s individual human rights strengthening the role of parents. The UNCRC defines in article 1 that a child is every human being below the age of 18 unless, in a particular state, the age of majority is achieved earlier and emphasizes on four general principles the best interest of the child, non-discrimination, the rights to life, survival and development and the right to participate. Furthermore, especially for children in armed conflict, the CRC sets up measures which all states parties must implement in order to protect them and the African Charter on the Rights and Welfare of the Child (ACRWC) also sets up some measures to protect them in armed conflict according to International Humanitarian Law and International Human Rights Law. Nevertheless, during armed conflict, it is almost impossible to respect all obligations set in IHL and IHRL. During the last twelve years, the Democratic Republic of Congo was a battlefield in which it has been estimated that 2 million children have been killed, more than 6 million have been injured during this armed conflict. For instance, they have suffered sexual violence, grave psychological trauma, malnutrition and diseases. All the six grave violations against children set by the UN Security Council in its resolution 1612 (killing or maiming of children, recruitment or use of child soldiers, rape and other forms of sexual violence against children, abduction of children, attacks against schools or hospitals, denial of humanitarian access to children) were committed during this period in the DRC. Therefore, the DRC is responsible for the violation of children’s rights set in the various legal instruments protecting children in period of armed conflict. Despite the responsibility of the state, armed groups or individuals are also recognized as criminally responsible of the violation of the rights of children within the Congolese jurisdiction only if the material elements are committed intentionally and with knowledge, according to article 30 of the International Criminal Court. However, the reparation of these violations may foresee restitution, compensation for damage suffered in the past, assurance against future breach of international obligations and an approach that of remedial justice and prevention because children represent our societies and their protection represents a right and a human security issue. / Dissertation (LLM)--University of Pretoria, 2013. / Centre for Human Rights / unrestricted