This paper discusses the involvement of the African Union in addressing the issues of democratisation. Focuses on the Assembly of Heads of State and Government of the Union and the Peace and Security Council. Gives an overview of all treaties and declarations adopted by the African Union. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007. / 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 Patrice VAHARD of the Faculty of Law, Addis Ababa University, Addis Ababa, Ethiopia. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Any research that attempts to tackle the issue of human rights in Africa is likely to raise emotions because of the history of perpetual human rights violations in the region. Nevertheless, the establishment of the African Union (AU) brings hope that Africa has turned the corner. The provisions of the preamble, objectives and principles of the Constitutive Act of the African Union are crystal clear. Article 3 (h) of the Act makes a critical provision in terms of human and people's rights. (See appendix 1). Paradoxically, this article recognizes the African Charter on Human and Peoples' Rights, which led to innumerable inconsistencies in enforcing human rights under the Organization of African Unity (OAU) (See appendix 2). By implication, the recognition of the 'Charter' justifies its existence in the new African human rights set up. The 'Charter' historically introduced the concept of peoples' in the definition and application of human rights in the African region. This further complicated the concept of human rights, and made it difficult to enforce them. As a result, the dichotomy between human rights and peoples' rights practice in the African region became difficult to reconcile. Hence, the concepts became vulnerable to abuse by governments, who justified their violation of individual human rights for the benefit of peoples' rights. The above assertions hold true for the ailing African region that has evolved from a defunct OAU regime into the radical African Union human rights corpus. The dissolution of the OAU on 9 July 2002 during the last 38th ordinary session of the OAU Assembly in Durban, and the subsequent launching of the AU on the same occasion pioneered a new era for human and peoples' rights approach in the African region. The shift from the toothless-human-rights-system to a clear-visionary-human-rights-regime is an articulation of the desire and commitment to transform the African region. This study therefore reviews the pattern or system that the AU has employed in transforming human and peoples' rights in the African continent. Chapter two attempts to assess the prospects of the African Union to bring reforms in areas of human and peoples' rights, the rule of law, good governance and so on. A comparative analysis of the African Charter on Human and Peoples' Rights and the Constitutive Act of the African Union is drawn from the key clauses, objectives and intentions of the two human rights regimes. Chapter three presents an analytical comparison between the African Union and the European Union. The chapter documents the historical developments of the European Union to illustrate how far the African Union has to go to ensure long lasting peace and stability in the region. The discussion in this chapter acknowledges the differences in these two regions, but uses the European Union to draw some lessons. In so doing the study reviews the historical developments of the union of states that has advanced itself in critical areas of democracy, human rights, good governance and so on. Hence, the chapter recognizes the remarkable accomplishments of the African Union in the last five years. The parity of judges in the AU Commission, the commitment of 53 African nations to adopt and ratify the Constitutive Act of the African Union in record time, the establishment of the New Partnership for Africa's Development, the introduction of the African Peer Review Mechanism and the peace-keeping missions in Liberia, Democratic Republic of Congo and so on are among the achievements of the Union in the last few years of its existence. In an attempt to justify the radical shift of the African Union from the OAU past, chapter four discusses the establishment of the African Court on Human and Peoples' Rights. Even though the idea of establishing a Court of justice emanated from the OAU decades after its existence, the chapter acknowledges the radical stance of the African Union to put in place a 'Court' from the beginning. The chapter further looks at the structure of the 'Court' in terms of its composition and election of judges, court procedure, court judgments and their execution and its relationship with the African Commission. In making recommendations and drawing conclusions, chapter five makes a strong point that the pre-requisite for stability and prosperity in the African region is through transforming and consolidating national institutions into democracy. The chapter also acknowledges the continued existence of the African Charter on Human and Peoples' Rights, but raises a concern that its existence is subject to abuse by non-democratic governments. The chapter concludes the study by drawing an inference that indeed the African Union represents a radical shift from the OAU in terms of promoting and protecting human and peoples' rights. However, the study acknowledges that the African Union will take some time to fully bear the benefits, but its efforts so far are worth the accolades. / Thesis (LLM)-University of Durban Westville, 2003.

Thesis (Ph. D.)--University of Missouri-Columbia, 2005. / The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on October 18, 2007) Vita. Includes bibliographical references.

The subject of this thesis is international studies, specifically a study of constitutional frameworks in Africa in the second half of the 20th century, focussing on a statistical correlation between constitutional frameworks, party systems, electoral systems and the Index of Democracy. The struggle to consolidate new democracies - especially those in Eastern Europe, Latin America and Asia - has given rise to a wide-ranging debate about the hard choices concerning democratic political institutions and political markets. According to Stepan and Skach " this literature has produced provocative hypotheses about the effects of institutions on democracy" (Stepan and Skach, 1993 : 1). It forms part of the' new institutionalism I literature in comparative politics that'holds as a premise that political democracy depends not only on economic and social conditions but also on the design of political institutions (Koelble, 1995 : 231-243). " One fundamental political-institutional question that has only received serious scholarly attention concerns the impact of different constitutional frameworks on democratic consolidation. Although the topic has been increasingly debated and discussed, little systematic cross-regional evidence [especially for our field of research: Africa] has been brought to bear on it " (Stepan and Skach, 1993 : 1-2). So far, only the book"on regime transitions in Africa written by Bratton and Van De Walle seeks to fill this empirical gap (Bratton and Van De Walle, 1997, preface xiii). In this thesis, we paid particular attention to the dichotomy between (pure) parliamentarism and (pure) presidentialism. Each type has fundamental characteristics, and for the purposes of classification these characteristics are necessary and sufficient. It was not our purpose to weigh the benefits and drawbacks of parliamentarism and presidentialism. Our intention was to report and analyse different sources of data, and we based our case exclusively on statistic correlatiohs between regime type and the record of democratic success and failure. We collected a data set about constitutional frameworks (matrix1), democracy indices (matrix2), party systems (matrix3) and election systems (matrix4). The basis for matrix 1 was the constitutions of the African countries (over time) and relevant literature. The basis for matrix 2 was the annual Freedom House ratings made by Raymond D. Gastil and others. The basis for matrix 3 and 4 was relevant literature. Once these matrices had been composed, we compared them and calculated statistic correlations. This long-dyration model allowed us to estimate whether African constitutional frameworks, party systems and electoral systems exhibit positive or negative correlation with the index of democracy.

A Theses submitted to the Faculty of Humanities, University of the Witwatersrand, in partial fulfilment of the requirements for the Master of Arts Degree in International Relations, October 2017 / This study examines the effectiveness of the African Charter on Democracy, Elections and Governance in promoting free and fair elections, focusing on Electoral Management Bodies established and operational in Ethiopia and Lesotho. It assesses practical missions conducted by the EMBs within the three levels of electoral governance theoretical framework; that is rule making, rule application and rule adjudication. This study has significant effects for consolidation of democracy and governance because the democracy discourse recognizes important correlations between quality of elections administered by democratic institutions and governance. The study established that both Ethiopia and Lesotho partially implemented the ACDEG electoral rules due to varying political wills, and that the nations’ EMBs were incompetent and faced logistical challenges. However, Ethiopia’s reluctance to genuinely incorporate and enforce the ACDEG principles within its Electoral Law limited the capacity of the NEBE to manage the 2010 and 2015 elections. Whilst Lesotho’s IEC functioned in an inadequate manner due to recurring political unstable contexts it operated within. Both Ethiopia and Lesotho encountered various electoral challenges notably, evident vote inflation, intimidation, violent incidences, unfair media coverage for opposition parties, unreliable voter registers and unsecured ballot boxes which continue to discredit elections. This study posits that the ACDEG effective implementation in promoting free and fair elections can be fruitful with constant dedication by signatory state parties’ to entirely domesticate ACDEG electoral rules in national laws; maintain impartial EMBs and cooperate with election monitors under a regulated compliance mechanism by the African Union. This would address common electoral challenges tormenting African nations; and aid to prevent non-adherence by state parties who devalue the African Union’s election regulations they willingly acceded to. / XL2018

This thesis looks at the problem of governance and statehood in Africa from an international law perspective. Adopting a comparative analytical research method, the thesis investigated the idea of statehood in traditional Africa and Europe, and highlighted conceptual differences. It traced the origin and nature of the post colonial African state to an oppressive and totalitarian colonial state; and the coalescence of international law with European civilization and reality. The argument is made that the international law framework on statehood and international solutions of intervention and democratization, are inadequate for dealing with the problems of statehood in Africa and its consequences such as state collapse. The thesis proposes the legitimization of the African post colonial state through a combination of a process of self determination and democratization. The pattern of self determination proposed seeks to give normative expression to an African state's reality by using the equilibrium of the peoples incorporation and disengagement from the state as an index for determining the role and relevance of the state. It is proposed that this index, in determining the ambits of the right to self determination of the constituent political units in a state, should entitle an African nation to a minimum of the right to self governance in a confederate system. In complimenting the foregoing legitimization process, the thesis proposes a democratic framework that is constructed on cultural foundations of endogenous democracy and development.

This thesis looks at the problem of governance and statehood in Africa from an international law perspective. Adopting a comparative analytical research method, the thesis investigated the idea of statehood in traditional Africa and Europe, and highlighted conceptual differences. It traced the origin and nature of the post colonial African state to an oppressive and totalitarian colonial state; and the coalescence of international law with European civilization and reality. The argument is made that the international law framework on statehood and international solutions of intervention and democratization, are inadequate for dealing with the problems of statehood in Africa and its consequences such as state collapse. The thesis proposes the legitimization of the African post colonial state through a combination of a process of self determination and democratization. The pattern of self determination proposed seeks to give normative expression to an African state's reality by using the equilibrium of the peoples incorporation and disengagement from the state as an index for determining the role and relevance of the state. It is proposed that this index, in determining the ambits of the right to self determination of the constituent political units in a state, should entitle an African nation to a minimum of the right to self governance in a confederate system. In complimenting the foregoing legitimization process, the thesis proposes a democratic framework that is constructed on cultural foundations of endogenous democracy and development. / Law, Peter A. Allard School of / Graduate

"The writing of constitutions in Africa in the 1990s seems to have become fashionable after years of political wilderness following decades of one-party rule, military dictatorships and no-party regimes. African states engaged in the process of crafting new and democratic constitutions in search of democratic and legitimate governance based on the free will of the peoples, and to foster democratic traditions. Transition to democracy is a sacred undertaking, the challenge of which is to develop constitutional and institutional mechanisms in the hope of building viable and durable democratic values and practices that would guarantee political stability, peaceful and orderly change of government, the rule of law and the complete respect for human rights. Constitution-making must be seen as a means of bringing peace and creating a stable and prosperous African continent where the people take charge of the governance and their political and economic destiny in complete freedom. This study inquires into the extent to which this goal has been achieved, with particular reference to Swaziland and Uganda. Swaziland is the only absolute monarchy in the Southern Africa region after Lesotho adopted a democratic constitution in 1993, with the King becoming a constitutional monarch. Uganda has been operating under the Movement Political System (MPS) that, until recently, did not allow free political activity. ... The study is divided into five chapters. Chapter 1 focuses on the circumstances (context) and gives an overview of the organizational structure. Chapter 2 deals with the concepts and basic principles of constitutionalism, democracy, and human rights. Chapter 3 scrutinises the legislative mechanisms that set the process in motion and how the constiutional mandate was executed. The chapter considers the effect of the enabling legislation on ratification and implementation of the rights enshrined in the African Charter. It also looks at the role of civil society in influencing the process. To a limited extent, a comparative case study of other processes in Africa, especially the South African and Zambian experiences, is made. Chapter 4 is a discussion of human rights instruments providing for the right to participate; article 13 of the African Charter, article 25 of the International Covenant on Civil and Political Rights (ICCPR) as well as article 21 of the Universal Declaration of Human Rights (UNDHR). A discussion of the content and meaning of the right to participate in international law is made, focusing on the jurisprudence of the African Commission on Human and Peoples' Rights, as well as the jurisprudence of the Human Rights Committee (HRC). Chapter 5 is conclusions and recommendations." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Dr. Henry Onoria at the Faculty of Law, Peace and Human Rights Centre, Makerere University, Kampala, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"The constitutions of Rwanda and Burundi both contain provisions to support democracy as well as the notion of power sharing. Despite the fact that democracy can be enhanced by a government that comes to power through the popular will of the people, that is, universal adult suffrage, it must be noted that this shall depend on the use of [an] electoral system that ensures greater proportionality of representatives to the popular vote. This paper aims to analyse the impact of power sharing on democracy. Furthermore, this paper compares the approach of Burundi and Rwanda in their constitutions to the concept of power sharing. ... To achieve its objective, the study is structured as follows: the first chapter contains the general introduction, which encompasses the background of the study, the relevance of the study, the research methodology, the literature review and the limitation of the study. The second chapter deals with the concept of power sharing and analyses its application in the constitutions of Rwanda and Burundi. Chapter three will focus on the concept of constitutionalism, analysing if the constitutional provisions of Rwanda and Burundi comply with [it], and chapter four will analyse [if] the constitutions of Rwanda and Burundi comply with democracy. In chapter five a general conclusion will be drawn and recommendations will be made." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Professor Pierre de Vos, Faculty of Law, University of the Western Cape / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The author discusses the nature and reality of the marginalisation and disempowerment of ordinary citizens. He also highlights how democratic constitution making in Africa has so far left marginalisation and disempowerment unchallenged / 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 Orquidea Palmira Orquidea, Faculty of Law, Universidade Eduardo Mondlane, Mozambique / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM