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

Thesis (MA)--Stellenbosch University, 2011. / ENGLISH ABSTRACT: The purpose of this Masters‘ thesis was twofold, namely, to contribute to a more holistic approach of the study of the motives of Chinese overseas investors and, secondly, to contribute to the adjustment of general FDI theory in such a way that it becomes more suited to the study of the motives of investors from any country of origin. FDI scholars who study emerging markets argue that general FDI theory needs to be adjusted because most of its theories are derived from studying outward FDI in an Anglo-Saxon context. The theories are therefore not necessarily applicable to investors from a non-Anglo-Saxon context. Furthermore, the study of the motives of foreign investors is of importance to policy makers of FDI host countries in order to create a balance between attracting FDI by deregulating, and controlling FDI by enforcing strict laws and regulations, thereby harnessing the full potential of incoming FDI. Therefore, the model that Lee (1966) developed in migration theory was introduced to FDI theory and tested by applying it to the case of the infrastructural investments in the DRC of a subsidiary of CREC, the world‘s largest contractor, namely CREC7. The main factors that influence the motives of CREC7 were investigated using the Four Factors Model, an adjusted version of Lee‘s model. A single-case study design was chosen in order to shed light on certain dynamics – in particular, the interrelation between the particular firm-specific, push, pull and intervening factors that influence CREC7‘s motives to invest in the DRC. In order to maximise the validity of this study, multiple sources of evidence were used, namely: documentation, face-to-face interviews and direct observations, the latter two of which occurred during August 2010. Lee‘s (1966) model indeed appeared to be useful for identifying the main factors that influence the motives of CREC7 for investing in the infrastructure sector in the DRC and the interrelatedness of these factors. The collected data from the desktop research and the fieldwork showed how conditions in the country of origin, conditions in the country of destination, firm-specific factors, and intervening factors influence each other in a highly complex way. In order to illustrate this complexity, the factors that influence each other most actively were grouped together in clusters. The two clusters of factors that were of specific importance for CREC7‘s decision to invest in the DRC, are: (1) relationship with the central government, access to finance, experience and skills, market access, and intervening factors; (2) experience and skills, experience of operating in a challenging institutional environment, high level of competition in the domestic market, high demand for infrastructure in the DRC, and the relatively low level of competition in large infrastructure projects in the DRC. Because the Four Factors Model uses broad categories of factors that apply to all foreign investors, this model can be applied to the study of the motives of foreign investors from both developed and developing countries, thereby contributing to make general FDI theory more relevant. / AFRIKAANSE OPSOMMING: Die doelstelling van dié Meesterstesis is tweevoudig. Eerstens, om `n meer holistiese benadering tot die studie van die motiewe van Sjinese buitelandse beleggers by toe te voeg en tweedens om by te dra tot die aanpassing van algemene direkte buitelandse beleggings teorie dat dit meer bruikbaar vir die studie van die motiewe van beleggers, onafhanklik van hulle land van herkoms, kan wees. Algemene direkte buitelandse beleggings moet aangepas word aangesien meeste van die teorie ontwikkel is deur uitwaartse direkte buitelandse beleggings binne `n Anglo-Saxon konteks. Die studie van die motiewe van buitelandse beleggers is ook belangrik vir beleidsmakers aan die ontvangkant van direkte buitelandse beleggings aangesien `n balans tussen deregulasie met die doel om buitelandse beleggings aan te lok en direkte buitelandse belegging te reguleer deurmiddel van streng wetgewing en sodoende die volle potensiaal van direkte buitelandse belegging te ontsluit. Sodoende is die model wat Lee (1966) ontwikkel het in migrasie teorie toegepas op direkte buitelandse beleggings teorie en getoets op infrastruktuur beleggings in die Demokratiese Republiek van die Kongo (DRK) deur CREC7 `n vleuel van die grootste kontrakteerder CREC. Die hooffaktore wat CREC7 beïnvloed is ondersoek deurmiddel van die Four Factors Model, `n aanpasing van Lee se model, gebruik te maak. `n Enkele gevallestudie was gebruik om lig te werp op sekere verwikkelinge veral die interverhouding tussen verskeie faktore spesifieke tot die maatskappy en die mark wat werk op die beleggingsmotiewe van CREC7 in die DRK. Om die geldigheid van hierdie studie te maksimeer is verskeie bronne gebruik. Naamlik dokumentasie asook onderhoude en direkte observering tydens Augustus 2010. Lee (1966) se model was bruikbaar gewees vir die identifisering van die hooffaktore wat CREC7 se motiewe om te belê in infrastruktuur in die DRK beïnvloed asook die interafhanklikheid tussen hierdie faktore. The versamelde data het geïllustreer hoe omstandighede in die land van oorsprong, die land van ontvangs en omstandighede spesifiek tot die firma mekaar beïnvloed in `n baie komplekse manier. Om die kompleksitieit te illustreer is die faktore wat die meeste op mekaar inwerk in clusters gegroepeer. Die twee clusters wat die meeste op CREC7 se beleggingsbesluit ingewerk het is: (1) verhoudinge met die sentrale regering, toegang tot bevondsing, ondervinding en vaardighede, marktoegang en ingrypende faktore; (2) ondervinding en vaardighede, ondervinding om in `n uitdagende institutionele ongewing, hoë vlakke van kompetisie in die plaaslike mark, hoë aanvraag na infrastruktuur in die DRK. Aangesien die Four Factors Model breë kategorieë van fakore wat van toepassing is op alle buitelandse beleggers kan die model toegepas word op die studie an motiewe van buitelandse beleggers van ontwikkelde en ontwikkelende lande en sodoende daartoe bydra om direkte buitelandse belegging teorie meer relevant te maak.

Increasing and unsustainable demands on Africa's natural resources are having a profound effect on wild primate populations. Whilst wild populations are decreasing, numbers of orphaned primates, sanctuaries and attempts to reintroduce primates back to the natural environment, are increasing. Data were collected on the present status of African ape sanctuaries from questionnaires distributed to sanctuary managers. Across Africa there are 18 sanctuaries housing over 500 African great apes. Facilities and ideologies vary but the majority of sanctuaries profess a commitment to conservation through education, local capacity building, facilitating the enforcement of wildlife laws and other activities. From 1996 to 2001 the non-governmental organisation Habitat Ecologique et Liberte des Primates has released 37 wild-born chimpanzees(Pan troglodytes troglodytes) from an island sanctuary to mainland forest in the Conkouati-Douli National Park, Republic of Congo. Twenty-seven chimpanzees have been successfully reintroduced, three are known to have died and the status of seven remains unknown. This thesis investigated the behavioural adaptation of 15 of these released chimpanzees and reviews the reintroduction process employed. Analyses of post-release behavioural data revealed that activity budgets and diet were comparable to those of wild chimpanzees, and that seasonal variation influenced feeding behaviour and plant speciess election. The chimpanzees utilised both terrestrial and arboreal zones and all nested in trees. A number of recommendations are made for future reintroduction projects. These include selecting a release site that has no, or a low density of, wild conspecifics; developing a relationship of trust between chimpanzee and caretakers without excessive dependency; using the release site for pre-release training; use of radio telemetry; post-release support and monitoring. This study has revealed the many complex factors that are involved in the reintroduction process. Future attempts to reintroduce chimpanzees should be guided by the experiences and recommendations of the present study to maximise success.

Thesis (M.A.)--University of Wisconsin--Madison, 1969. / Title from title screen (viewed Nov. 8, 2007). Includes bibliographical references. Online version of the print original.

Thesis (M.A.)--University of Wisconsin--Madison, 1969. / Includes bibliographical references.

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

Conflict has been rife in the Democratic Republic of Congo (DRC) for many decades, in a war over minerals. The economic incentive for this conflict lies in the multimillion dollar trade in conflict minerals, and the results are human rights abuses, violent conflict and corruption. International industries from resource-rich countries play a role in business and human rights violations in other countries where governance is weak, such as the DRC. The focus of this study is minerals extracted from the eastern DRC – the ores that produce tin, tantalum, tungsten (the 3Ts) and gold. These minerals are essential to the electronics industry, where various companies, primarily publicly listed companies, use these minerals in their production processes. This study examines the way in which companies at the top of the minerals supply chain use their buying power to influence their suppliers, exerting pressure down the supply chain. There have been dramatic changes in this arena recently, including the passing of conflict minerals legislation in the United States of America (USA) and an evolving multilateral architecture for supply chain due diligence emanating from the United Nations (UN) and the Organization for Economic Cooperation and Development (OECD). This study explores a variety of efforts initiated by a number of companies, governments and non-governmental organisations (both in the DRC and internationally) committed to combating conflict minerals. These efforts are aimed at formulating a regulatory framework on the security exchanges in Africa. Such a system should be conceptualised to regulate the due diligence process relating to minerals to enable end-users to trace supply chains from companies who use these minerals back to the sources of origin, by using independent audit chains of custody in a certification scheme similar to the Kimberley Process for conflict diamonds. This system is intended to be a means to strengthen the global transparency and accountability of electronics companies, together with industry initiatives, the OECD’s guidelines and extractive industry transparency initiatives principles, targeting publicly listed companies. This study, which consisted of a desktop review of books, journals, reports and internet sources, analyses elements of the USA‘s Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) and South Africa’s King Code Report III on Corporate Governance of 2009 to determine whether these instruments are appropriate to be applied to African exchanges. It examines whether these instruments can be used to create a system requiring companies trading in or using conflict minerals in their production to compile an annual report that is to be made publicly available, disclosing the source and chain of custody of conflict minerals which originate from conflict zones, notably the DRC and other African countries. Due to the globalised markets, companies are gaining greater power than some governments. Companies are regulated by the legislation of the host country in which they are incorporated. The countries in which these companies operate and publicly trade are usually developing countries, which are characterised by impoverished communities and unstable or emerging democracies. The recent passing of the conflict minerals provisions in the Dodd-Frank Act requires that publicly traded companies in electronics industries report annually to the Securities Exchange Commission (SEC) on whether conflict minerals are part of their supply chains, and if so, what the steps have been taken to ensure that the companies do not contribute to the ongoing conflict. The practical/managerial implications of the African system is that the inconsistencies and instability in these emerging markets legislation and their relaxed rule of law create loopholes in the systems of industry which would normally require adherence to human rights principles and industry’s assistance in developing global standards and/or incorporating such standards into legislation. Industry is still largely unaware of whether products are conflict-free and has no way of determining the status of products. Responsible supply chain co-operation is therefore needed by companies to take steps to trace supply chains, and ensure independent auditing and certification. This study looks at how industry and governments can formulate international standards and regulations that require publicly listed companies using the 3Ts and gold in the production of their goods to put human rights at the heart of their enterprises. The findings of the study highlight the urgent need for due diligence, transparency and an accountability agenda for resource sectors. The study argues that more African states need to buy into these initiatives. Greater transparency must be part of broader governance schemes. The study recognises the important role of stock exchanges and the importance of regulating companies which trade and source minerals from the DRC and other countries in Africa. The study recommends a reform of securities exchanges and the implementation of corporate governance codes. The study argues that Africa can incorporate elements of the Dodd-Frank Act, the SEC Act, King III and the JSE Listing Requirements into national legislation in the individual states to impose important legal duties on companies to promote fairness, accountability, responsibility and transparency. Passing legislation to regulate the international minerals trade is crucial for the promotion of a legal mineral trade. / Dissertation (LLM)--University of Pretoria, 2013. / Centre for Human Rights / unrestricted