This study examines the effectiveness of environmental and developmental rights within the SADC region, especially the status of their implementation and enforcement in the DRC and the RSA. The SADC Treaty recognizes implicitly the rights to environment and to development. Unfortunately, the unequivocal commitment to deal with human rights within the region is not translated with equal force into the normative framework established by the Treaty or into SADC’s programmed activities. No institution has been established with the specific mandate to deal with human rights issues, neither are there any protocols or sectors especially entrusted with human rights protection and promotion. The SADC member States do not share the same understanding or agenda on matters pertaining to the respect for, and the promotion, protection and the fulfilment, of human rights at the regional level. The inception of environmental and developmental rights within the Constitution of the DRC is still in its infancy compared to the situation in South Africa. Implementation and enforcement remain poor and need important support from all organs of state and from the Congolese citizens. A strong regulatory framework pertaining to human rights (environmental and developmental rights) remains an urgent issue. Guidance may be found in the South African model for the implementation and enforcement of human rights, although the realization of the right to environment in South Africa is hampered by a number of factors that cause the degradation of the environment. Against South Africa’s socio-economic and political background, the constitutionalization of the right to development remains of critical concern to a sustainable future for all. The Congolese and South African peoples need to be made aware of their constitutional rights, especially their environmental and development rights, and the institutions and the mechanisms available to enforce them. They need to be empowered to demand justice as a right not as an act of charity. It is patently clear that the authorities will not protect the environment or tackle the development agenda unless there is a strong people’s movement to challenge the State and other role players over environmental and development issues and ethics. / Constitutional, International & Indigenous Law / LL.D.

The present research has been aimed at investigating how imperialism and colonialism are located both in the biblical text (cf. Joshua 1-12) and in present day interpretive postcolonial contexts such as that of the Democratic Republic of the Congo. An investigation was made of the unequal power dynamics at play between the Israelites who are depicted as mercilessly conquering the indigenous peoples of Canaan in the name of the deity, and the Canaanites. How were/ are such power dynamics played out in the Katangese, Democratic Republic of the Congo’s context in the relations between the then colonizers, that is, the Belgians as well as the neo-colonial African rulers and the Congolese peoples? It is argued that the Belgians assumed the role akin to that of the Israelite invaders as they mercilessly invaded the “promised land”, that is, the Democratic Republic of the Congo, ending with the brutal extermination of African peoples justified on biblical precedents. A conclusion is made that within the context of postcolonial biblical interpretation, the conquest narrative of Joshua 1-12 is one of the most traumatic stories in which violence is committed by one nation on another in the name of the deity. Postcolonial biblical criticism was found to be an appropriate approach in assisting the researcher to navigate through violent biblical texts with a view to coming up with a transformative reading of the texts in the (Katangese) context of the Democratic Republic of the Congo. / Old Testament and Ancient Near Eastern Studies / D. Litt. et Phil. (Biblical Studies)

This thesis is a critical missiological analysis of Pentecostal mission, specifically of the Congo Evangelistic Mission (CEM) in the Katanga Province of the Democratic Republic of Congo. It investigates how CEM members have been interpreting and expressing the Christian message in and for the context of Katanga Province through their communal life, worship and mission since its inception in 1914. It also asks the methodological question of how such a Pentecostal mission could best be studied and evaluated missiologically. To carry out this investigation the researcher developed a “Pentecostal Praxis Missiological Approach” which he used extensively throughout his study. Chapter two demonstrates that, while British missionaries brought the CEM to Katanga province, it was the early Congolese pioneers who actually spread the movement to different parts of Katanga and beyond its borders. Chapter three shows how CEM members have analysed the Congolese context, identifying it as a lost, unholy and socially broken society with high levels of poverty, unemployment and poor access to basic needs; it is also beset with problems of war and conflict, corruption and injustices as well as abuse of women. Chapter four focuses on the spirituality of power that inspires and motivates the CEM in the various dimensions of its mission. Chapter five uses mainly liturgical sources like prayers, songs and sermons to construct the Pentecostal theology of mission that guides and directs the CEM in its mission. Chapter six explores the agents and strategies of mission that the CEM uses to address the missional challenges they identify in their context. The final chapter raises six key missiological issues that emerged from the study and that require the attention of missiological scholars in order to foster the future of Pentecostal mission in Congo and the Southern African region as a whole. These issues are: preventing ongoing schisms, evangelising members of other religious traditions, the scope of healing, the impact of rapture theology, the place of women in ordained Pentecostal ministry, and the extent of contextualisation in the CEM. Keys terms Katanga Province, / Christian Spirituality, Church History & Missiology / D.Th. (Missiology)

French text / La Mission Évangélique de la Délivrance (M.E.D) est dans une ville où le VIH/SIDA fait rage. Ceci crée un problème social dû à la transmission par manque d’information sur cette maladie meurtrière. L’échantillon utilisé confirme l’idée selon laquelle la M.E.D contribue à la prévention de la transmission du VIH/SIDA et même cette lutte avec ses paroisses à travers les activités organisées concernant cette pandémie. Cependant, le besoin est d’étendre cette lutte dans les églises des autres communautés proches et lointaines dans la ville de Kinshasa. La MED intensifie son action pour convaincre les gens ayant une conception archaïque sur la pandémie. Elle veut bannir les mythes qui l’entourent et donner les conseils précis sur la pratique sexuelle responsable. La MED amène les gens à se faire examiner pour connaître leur état sérologique. Elle encourage les atteints à vivre positivement et à collaborer sans gêne. / The Mission Evangélique de la Délivrance is in a city where the HIV/AIDS makes rage. It creates a social problem due to the transmission for lack of information on this murderous illness. The used sample confirms the idea according to which the MED contributes to the prevention of the transmission of HIV/AIDS and even this struggle with her parishes through activities organized concerning this pandemic. However, the need is to spread this struggle in other near and far away community churches in Kinshasa. The MED intensifies her action to convince people having an archaic conception on the pandemic. She wants to outlaw myths that surround it and to give the precise advices on the responsible sexual practice. The MED brings people to make examine themselves to know their serological state. She encourages those who are reached by the illness to live positively and to collaborate without hindrance. / Christian Spirituality, Church History & Missiology / M. Th. (Missiology)

This study investigated integrated learning at a Christian university, the Christian Bilingual University of the Congo (UCBC) with the view to improving higher education practice in the Democratic Republic of the Congo (DRC) which is tasked with addressing social problems. Higher education in the DRC is shaped by its colonial legacy and a teacher-centred approach focused on theory, typical of a banking-type learning and a lack of integration. These factors stifle critical thinking and initiative in students and prevent them from developing into service-oriented agents for change in their communities. The advent of Christian universities has heralded a quest for holistic training to foster character and produce civic-minded and service-oriented citizens. A qualitative study using a phenomenology as methodology investigated the lived experiences in integrated learning and service in the community of twelve purposefully selected UCBC alumni. Data was obtained through semi-structured, in-depth interviews. Findings indicated that integrated learning is holistic education which engages mind, heart, soul and body; it combines practice and theory in training and prepares students to contribute to national welfare. It occurs in a multiple component and dimensional context and is characterized by learner-centeredness, active learning and constant interaction among the school community members. It is focused on the building of the inner person of the learner. Further, participants understood transformation as part of personal development, a lifelong process that moves a person to act differently in community after his personal assumptions have been deeply revised through his encounter with integrated learning. Its impact is character development as foundation for bold action in the community, the rediscovery of one’s identity, the development of servant leadership, team work and social networking and dependence on God. Findings revealed that transformed learners initiated a change of mentality and experienced culture conversion in their communities through confronting problems and modelling servanthood. It also established the enactment of integrated learning as a contributor to personal and community transformation as a result of students’ ‘echoed words’ and actions as learning-teachers. Based on the findings recommendations were made for the strengthening of integrated learning in Christian universities. / Educational Foundations / D. Ed. (Philosophy of Education)

LL.M. (International Law) / Africa’s Great Lakes Region (GLR) has in recent years experienced political strife, armed conflict and population displacements with severe humanitarian consequences, specifically the Democratic Republic of Congo (DRC). Some authors regard the prevailing war in the DRC as the African equivalent of the First World War. This is because up to eight African countries and more than 10 rebel groups were involved in this war which plays itself out on Congolese territory. This war has been the deadliest since World War II, with a death toll of 5.4 million people, mostly as a result of disease and starvation. What is more, 1.8 million women have reportedly been raped in the eastern Congo. All these facts point to the limited or non – application of IHL by all the belligerents involved in the armed conflict in the DRC. Ever since, the UN Security Council has adopted more than 15 resolutions aimed at terminating the war in the DRC; however, the war is still ongoing in this country. Thus, this study advocates for the creation and implementation of a regional legal instrument whose purpose is to ensure respect for and application of IHL by all belligerents. Put differently, this study raises the question of the creation and implementation of a special court for the DRC based on the models of the special court for Sierra Leone, and the International Criminal Tribunal for Rwanda (ICTR).

LL.M. (International Law) / Please refer to full text to view abstract

A thesis submitted to the Faculty of Science, University of the Witwatersrand, in fulfilment of the requirements for the degree of Doctor of Philosophy University of the Witwatersrand School of Geosciences and Dublin Institute for Advanced Studies School of Cosmic Physics Geophysics Section February 2016 / Archean cratons, and the Proterozoic orogenic belts on their flanks, form an integral part of the Southern Africa tectonic landscape. Of these, virtually nothing is known of the position and thickness of the southern boundary of the composite Congo craton and the Neoproterozoic Pan African orogenic belt due to thick sedimentary cover. In this work I present the first lithospheric-scale geophysical study of that cryptic boundary and define its geometry at depth. The results are derived from two-dimensional (2D) and three-dimensional (3D) inversion of magnetotelluric data acquired along four semi-parallel profiles crossing the Kalahari craton across the Damara-Ghanzi-Chobe belts (DGC) and extending into the Congo craton. Two dimensional and three-dimensional electrical resistivity models show significant lateral variation in the crust and upper mantle across strike from the younger DGC orogen to the older adjacent cratons. The Damara belt lithosphere is found to be more conductive and significantly thinner than that of the adjacent Congo craton. The Congo craton is characterized by very thick (to depths of 250 km) and resistive (i.e. cold) lithosphere. Resistive upper crustal features are interpreted as caused by igneous intrusions emplaced during Pan-African magmatism. Graphite-bearing calcite marbles and sulfides are widespread in the Damara belt and account for the high crustal conductivity in the Central Zone. The resistivity models provide new constraints on the southern extent of the greater Congo craton, and suggest that the current boundary drawn on geological maps needs revision and that the craton should be extended further south. The storage possibilities for the Karoo Basins were found to be poor because of the very low porosity and permeability of the sandstones, the presence of extensive dolerite sills and dykes. The obvious limitation of the above study is the large spacings between the MT stations (> 10km). This is particularly more limiting in resolving the horizontal layers in the Karoo basin. However the 1D models provide layered Earth models that are consistent with the known geology. The resistivity values from the 1D models allowed porosity of the Ecca and Beaufort group lithologies to be calculated. It is inferred that the porosities values are in the range 5-15 % in the region below the profile. This value is considered too low for CO2 storage as the average porosity of rock used for CO2 is generally more than 10 to 12 percent of the total rock unit volume.

A thesis submitted to the Faculty of Humanities School of Social Sciences, University of Witwatersrand, Johannesburg, in partial fulfilment for the degree of Masters in Migration & Displacement. Johannesburg 2016 / Repatriation like any other form of migration is highly gendered. The objective of this research study is to analyze the gendered determinants of repatriation. I will explore various motivations for return and the general literature surrounding repatriation. My interest in the research was inspired by my experience working with Rwandan returnees where I encountered more female returnees than men. The other reason was the invocation of the cessation of Rwandan refugees on the 30th June 2013.The implication of the cessation meant to bring to closure to a close the refugee status of Rwandans who fled the country before 31st December 1998 and to find alternative status for those refugees still in need of international protection. An interesting observation is that despite this invocation by the end of 2013, the number of Rwandan refugees coming back did not increase as was expected. At the time of the interviews, the invocation of the cessation status of Rwandan refugees was a not an issue in the Democratic Republic of Congo (DRC). However, a meeting held on the 2nd of October 2015 came up with new deadlines for the implementation on the cessation clause. This research follows a mini-research for my Honours degree that I conducted in 2014 with Rwandan refugees residing in Johannesburg. This work however differs from my previous pilot study in Johannesburg in two ways; in contrast to this research paper, my interviews in Johannesburg involved Rwandan refugees who had not taken the decision to return to Rwanda. Additionally, the refugee profile in South Africa comprised mostly political asylum-seekers while Rwandan refugees hosted in the DRC (my current research location) are mostly those who fled during the 1994 genocide. Voluntary repatriation is a contested issue. In various instances, refugees feel obliged to return either through active promotion of repatriation, reduction of aid in refugee camps or appalling conditions in countries of asylum. What is also evident is the politics between the countries of asylum and origin and the uncomfortable position the United Nations High Commissioner for Refugees (UNHCR) finds itself as it seeks to ensure the voluntary character of repatriation as is stipulated by the 1969 OAU convention. The gendered approach taken in migration studies reveals renegotiation of gender relations and roles as a result of displacement. Although the role of women changes considerably; social expectations puts more pressure on men to provide and as the limited livelihood opportunities during displacement curtails their primary role as breadwinners. Gender mainstreaming is one of the approaches employed by the, UNHCR to ensure that women are not only involved in all aspects of planning and development but also in issues of peace and security. The literature on repatriation, suggests that women and men consider different factors in their decision to return; men’s main concern is security while women dwell more on working structures like hospitals and schools for their children. During fieldwork, the household emerged as an important unit for repatriation decision making. The research employed a qualitative design. The tools for data collection included semi-structured in-depth questions for Rwandan refugee participants in Goma and key informants from the UNHCR and their government counterpart in the repatriation exercise the Commission Nationale pour les Réfugiés (CNR). In addition, I engaged in an extensive secondary data search through journals, books, the internet, newspapers and policy documents. Thematic analysis was utilized to analyze the collected data. Based on the findings, it was evident that Rwandan refugee men and women put into consideration different aspects in their decision to return to Rwandan. Men focused mostly on security issues both in the DRC and Rwanda while women considered working structures like schools, hospitals and the hope of reclaiming their spouses’ land for the sake of the children. On the decision to return, single women took the decision on their own while in the case of married couples, the men came up with the idea and discussed it with their wives and children. A cross cutting theme between the interviewed Rwandan refugee men and women was the important function of social networks as a pull factor for return. Social networking was especially important in obtaining information about the specific areas in Rwanda and also acted as assurance for temporary accommodation upon return and therefore reducing the cost of return migration. Based on the findings, access to information for both men and women was not mentioned as a major challenge owing to advances in technology (radios, internet, and mobile phones) and the presence of social networks. Keywords (Returnee, Cessation Clause, Repatriation, Reintegration, Decision-making process, Gender, Identity, Social networking) / MT2017

Le Parc National de Kahuzi-Biega (PNKB) se localise dans l’Est de la R.D. Congo, à une trentaine des kilomètres au Nord de la ville de Bukavu, (province du Sud-Kivu). Ce parc couvre une superficie de 6.000 km² dont 5.400 km² situés en basse altitude (600-1200 m d’altitude) et 600 km² constituent le secteur de haute altitude occupée par les forêts de montagne (1800-3308 m).<p><p>Depuis environ une décennie, la liane indigène Sericostachys scandens Gilg & Lopr. (Amarantaceae) se répand rapidement dans les forêts de montagne au PNKB. L’extension de cette liane, et ses conséquences supposées sur la biodiversité et la régénération de la forêt inquiètent les gestionnaires du Parc.<p><p>Le travail a examiné trois aspects de l’écologie de l’invasion par S. scandens dans le Parc.<p>Premièrement, on a examiné les traits fonctionnels susceptibles d’expliquer une aptitude élevée à l’invasion chez S. scandens. Une approche comparative avec trois espèces de lianes non envahissantes coexistant dans le même habitat montre que S. scandens présente une allocation de biomasse aux diaspores significativement plus élevée. En plus, elle combine une reproduction sexuée intense et une capacité de reproduction végétative. Cette liane se distingue également des trois autres par un taux de ramification plus élevé. Par contre, les traits foliaires ne sont pas systématiquement différents. De même, le taux de germination des graines de S. scandens ne diffère pas significativement de ceux des autres lianes étudiées. Cependant, il est significativement plus élevé en canopée ouverte qu’en canopée fermée, et en forêt ombrophile qu’en forêt de bambous. L’ensemble des traits qui caractérisent S. scandens peut contribuer à expliquer sa plus grande capacité d’invasion, comparativement aux trois autres lianes.<p>Deuxièmement, on a examiné les attributs des écosystèmes susceptibles de les rendre vulnérables à l’invasion. Les résultats suggèrent que les perturbations favorisent les invasions dans les écosystèmes. Les perturbations (coupes, feu, …) qui ont accompagné les conflits dans la zone du Parc sont, très probablement, le facteur ayant déclenché l’invasion. <p>Enfin, le travail a examiné les impacts de l’invasion sur la biodiversité et la régénération des forêts. Les résultats montrent que, effectivement, S. scandens a un impact négatif, et que cet impact pourrait contribuer à renforcer le succès invasif de S. scandens (feed-back positif).<p><p>Le travail aboutit à des recommandations pour la gestion du Parc. La gestion doit avant tout être préventive, c’est-à-dire i) empêcher de nouveaux déboisements et ii) éliminer S. scandens au tout début de son installation dans un site perturbé.<p> / Doctorat en Sciences / info:eu-repo/semantics/nonPublished