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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
41

Debating the efficacy transitional justice mechanisms : the case of national healing in Zimbabwe

Benyera, Everisto 04 1900 (has links)
D. Litt. et Phil. (African Politics) / This study is an exploration of transitional justice mechanisms available to post conflict communities. It is a context sensitive and sustained interrogation of the effectiveness of endogenous transitional justice mechanisms in post-colonial Zimbabwe. The study utilised Ruti Teitel’s (1997: 2009-2080) realist/idealist theory as its theoretical framework. Using the case of Africa in general and Zimbabwe in particular, it analyses the application of imported idealist transitional justice mechanisms, mainly International Criminal Court (ICC) trials. It also debates the efficacy of realist transitional justice mechanisms, mainly the South African model of a Truth and Reconciliation Commission (TRC).The study explores the application of what it terms broad realist transitional justice mechanisms used mostly in rural areas of Zimbabwe to achieve peace building and reconciliation. These modes of everyday healing and reconciliation include the traditional institutions of ngozi (avenging spirit), botso (self-shaming), chenura (cleansing ceremonies), nhimbe (community working groups) and nyaradzo (memorials). The key finding of this exploration is that local realist transitional justice mechanisms are more efficacious in fostering peace building and reconciliation than imported idealist mechanisms such as the ICC trials and imported realist mechanisms such as the TRC. More value can be realised when imported realist mechanisms and local realist transitional justice mechanisms complement each other. The study contributes to the literature on transitional justice in general and bottom-up, victim-centred reconciliation in particular. It offers a different approach to the study of transitional justice in post conflict Zimbabwe by recasting the debate away from the liberal peace paradigm which critiques state centric top-down approaches such as trials, clemencies, amnesties and institutional reform. The study considers the agency of ‘ordinary’ people in resolving the after effects of politically motivated harm. It also lays the foundation for further research into other traditional transitional justice mechanisms used for peace building and reconciliation elsewhere in Africa / Political Sciences
42

Debating the efficacy transitional justice mechanisms : the case of national healing in Zimbabwe, 1980-2011

Benyera, Everisto 04 1900 (has links)
This study is an exploration of transitional justice mechanisms available to post conflict communities. It is a context sensitive and sustained interrogation of the effectiveness of endogenous transitional justice mechanisms in post-colonial Zimbabwe. The study utilised Ruti Teitel’s (1997: 2009-2080) realist/idealist theory as its theoretical framework. Using the case of Africa in general and Zimbabwe in particular, it analyses the application of imported idealist transitional justice mechanisms, mainly International Criminal Court (ICC) trials. It also debates the efficacy of realist transitional justice mechanisms, mainly the South African model of a Truth and Reconciliation Commission (TRC).The study explores the application of what it terms broad realist transitional justice mechanisms used mostly in rural areas of Zimbabwe to achieve peace building and reconciliation. These modes of everyday healing and reconciliation include the traditional institutions of ngozi (avenging spirit), botso (self-shaming), chenura (cleansing ceremonies), nhimbe (community working groups) and nyaradzo (memorials). The key finding of this exploration is that local realist transitional justice mechanisms are more efficacious in fostering peace building and reconciliation than imported idealist mechanisms such as the ICC trials and imported realist mechanisms such as the TRC. More value can be realised when imported realist mechanisms and local realist transitional justice mechanisms complement each other. The study contributes to the literature on transitional justice in general and bottom-up, victim-centred reconciliation in particular. It offers a different approach to the study of transitional justice in post conflict Zimbabwe by recasting the debate away from the liberal peace paradigm which critiques state centric top-down approaches such as trials, clemencies, amnesties and institutional reform. The study considers the agency of ‘ordinary’ people in resolving the after effects of politically motivated harm. It also lays the foundation for further research into other traditional transitional justice mechanisms used for peace building and reconciliation elsewhere in Africa / Political Sciences / D. Litt. et Phil. (African Politics)
43

The Argus: Mandela, the Rivonia Trial, life or death? / Mandela: the Rivonia Trial, life or death?

Cruywagen, Dennis, Drysdale, Andrew 07 February 1990 (has links)
The Rivonia treason trial started on October 9, 1963, the same day that former Cape Town coloured singer Danny Williams made front page headlines by marrying a white girl in London. Those were the days when apartheid, not as “reformed” as it is today, was rigorously applied by the National Party government. Love, sex and marriage across the colour line were forbidden. Crooner Williams, 31, then riding the crest of the pop wave with his ballad “Moon River”, took his vows with Bobbi Carole, who married him against the wishes of her parents. Williams, fearing persecution, told an interviewer he would not be welcome in South Africa again. But most prominent by far on the front page that day was the Rivonia treason trial. A report from Pretoria — following the style of the times — said: “Eleven men — four whites, one Indian and six Natives — went on trial in the Supreme Court here today before Mr Justice Quartus de Wet (Judge President of the Transvaal) on charges of sabotage and of offences under the Suppression of Communism Act and of contravening the Criminal Law Amendment Act.” / Supplement to The Argus, Wednesday February 7 1990 / Exclusive Part 2
44

A prova pericial cont??bil na A????o Penal 470: o caso Mensal??o / Adriana Cristina Pino Volejnik

Volejnik, Adriana Cristina Pino 26 January 2017 (has links)
Submitted by Elba Lopes (elba.lopes@fecap.br) on 2017-08-15T20:21:00Z No. of bitstreams: 2 Adriana Cristina Pino Volejnik.pdf: 3552207 bytes, checksum: ce70bc720af6e42f000e13a805cc35e9 (MD5) license_rdf: 0 bytes, checksum: d41d8cd98f00b204e9800998ecf8427e (MD5) / Made available in DSpace on 2017-08-15T20:21:00Z (GMT). No. of bitstreams: 2 Adriana Cristina Pino Volejnik.pdf: 3552207 bytes, checksum: ce70bc720af6e42f000e13a805cc35e9 (MD5) license_rdf: 0 bytes, checksum: d41d8cd98f00b204e9800998ecf8427e (MD5) Previous issue date: 2017-01-26 / This is a study about how the legal evidence was organized within the criminal sphere, the reason behind it and how this forensic accounting report was added into the Court Case number 470 (AP 470/2007), the "Mensal??o". Structured on both qualitative research and the analysis of the case files (about 63.000 pages until the rulling) through a protocol based on Dempster's Evidence Theory. The data was structured, categorized and classified to allow not only for better identification of the main phases of the "Mensal??o" and of it's documentation, but also to identify characteristics on both technical evidence and forensic accounting report. Throughout the process, 215 pieces of technical evidence were found, of which 30 were mentioned at the rulling by Ministers of the Supreme Court, rapporteur and proofreader. Among these 30 where the 8 main reports made by the Brazillian Federal Police's accounting expert, reggarded as the most solid and complete documents on the AP 470/2007 case. The whole process estabilished the forensic accounting within the criminal sphere, seeing how it transformed financial transgression into something tangible. It estabilished the role of the accounting expert as an asset to solve both criminal and legal questions, as well reinforcing the importance of the forensic accounting as a powerfull tool in the battle against corruption. / Esta pesquisa investigou como foi organizado o conjunto probat??rio no ??mbito criminal, o prop??sito e a forma das provas periciais cont??beis juntadas ?? A????o Penal 470, o Caso Mensal??o. ?? uma pesquisa qualitativa e documental. Foi analisada a ??ntegra dos autos da A????o Penal 470 (cerca de 63.000 p??ginas, at?? a emiss??o do Ac??rd??o), com o uso de um protocolo de an??lise, apoiado na Teoria das Provas. O material foi sistematizado por meio de classifica????o e categoriza????o dos dados, o que permitiu identificar as principais fases do processo e pe??as processuais, as caracter??sticas das mat??rias t??cnico-cient??ficas e dos laudos periciais cont??beis. Foram localizadas 215 provas de natureza t??cnica. Dessas, 30 foram mencionadas no Ac??rd??o pelos Ministros do STF, Relator e Revisor, sendo 8 os Laudos periciais cont??beis estudados, produzidos por peritos cont??beis da Pol??cia Federal, por terem sido as provas cont??beis mais robustas da AP 470/2007. Foi constatada a utilidade da per??cia cont??bil no ??mbito criminal, na medida em que trouxe materialidade a crimes de natureza patrimonial financeira. Constatou-se como atuam os peritos oficiais para colaborar na resolu????o de quest??es legais, em atendimento ??s demandas do conjunto de operadores legais do Mensal??o. Busca-se contribuir para consolidar o entendimento sobre a import??ncia da per??cia cont??bil no combate ?? corrup????o.
45

Violence and political opportunities : a social movement study of the use of violence in the Nigerian Boko Haram

Amaechi, Kingsley Ekene 06 1900 (has links)
This study investigates the use of violence by Salafi-Oriented Movement Organisations. Drawing mostly from Social Movement Theory’s “political opportunity” and “resource mobilisation” thesis, it uses the Northern Nigerian-born Boko Haram (BH) to study how such organisation evolved and used different forms of violent activisms for goal attainment. On that basis, three main research questions were formulated: (1) What socio-political structures enabled the evolution of the organisation in Northern Nigeria? (2) Under what conditions did BH begin to use armed violence against the Nigerian State? (3) What specific forms of armed violence did BH use and how were such forms of strategy sustained within the organisation? In answering these questions, the study relied on data collected through one-on-one semi-structured interviews from religious leaders in Northern Nigeria (particularly those within the Salafi networks); selected politicians in the areas where the group operates; some Nigerian security personnel, and on focus group interviews from victims of BH violence. In addition, the study also drew from other documentary sources (videos and audio recordings from different leaders in the group), and from internal correspondence between BH leaders and those of al-Qaeda in the Islamic Maghreb. Along the primary data, these documentary sources showed a striking historical continuity about the emergence and activities of BH from inception, up until they began using violence as a means for goal attainment. The data showed that while the emergence of the group was dependent on specific Northern Nigerian socio-political and mobilisatory structures, the adoption and sustenance of different forms of violence in the group were re-enforced by the interactions between the group’s leadership and the Borno state government; the violent response of the Nigerian government to the group's initial anti-state rhetoric; the mobilisation of different material resources (accruing from the organisation’s interactions and collaborations with similar international Salafi networks) and the internal dynamics in the group (competition between the different factions in the organisation). These inter-related conditions provided the windows of opportunity upon which both the establishment of the group, as well as the internal logic for the development and justification of different forms of violence were sustained within the organisation. / Religious Studies and Arabic / D. Litt. et Phil. (Religious Studies)

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