No abstract available. / Dissertation (LLM)--University of Pretoria, 2013. / Public Law / unrestricted

Please read the abstract in the front section of this document. / Dissertation (LLM)--University of Pretoria, 2013. / Centre for Human Rights / unrestricted

Based on research involving an overview of 44 policies at Canadian universities and 21 interviews with anti-harassment practitioners across the country, this thesis explores the challenges faced by anti-harassment practitioners working with legally defined institutional harassment discrimination policies. Anti-harassment work at Canadian universities is complex because practitioners must negotiate institutional demands set out in policy as well as politicized demands from members of marginalized groups both inside and outside the institution. Interviews with practitioners reveal that their daily work in reactive investigation and mediation of complaints as well as their proactive work in educating campus communities may support the less powerful parties to complaints, rather than focusing only on limiting the institution’s legal liability. Therefore, although anti-harassment practitioners occupy a boundary role as defined by Fraser (1989), their work is not entirely “depoliticizing”. Practitioners’ identities, sense of marginalization, and commitment to activist politics contribute to their position as tempered radicals as defined by Meyerson and Scully (1995), helping to explain their commitment to both institutional prerogatives and to empowering marginalized members of the institution. The advent of neoliberalism has set the stage for the shift of discourses and practices away from those which value equity to those that underscore traditional divisions of power and challenge the demands of so-called “special interest groups’. This shift is underscored by concerns about “political correctness” that arise within institutional communities and the broader social context. Perhaps the most obvious of the changes relates to the shift from a focus on equity and human rights to what is termed the “respectful workplace model”. The inclusion of personal harassment issues in human rights policies shifts the focus of the policies to issues that are not tied to historical oppressions and can potentially deflect attention from the human rights component of these policies. The challenge is to move beyond a legalistic perspective regarding policy development and to consider changes in the broader social context that influence policy change and the work of anti-harassment practitioners. / Arts, Faculty of / Sociology, Department of / Graduate

This research project focuses on human rights violation in South African correctional centres. The method of research comprises interviews conducted with correctional officials and inmates. It is a case study of one correctional centre in urban and in rural area of the Eastern Cape Province. The researcher hopes that this study will be a basis for further research into the violation of human rights in South African prisons. The findings of the research indicated that the main causes of human rights violation in South African prisons are overcrowding; gangsterism; and non adherence to Departmental policies by correctional officials. Recommendations have been made that: (i) Provision of adequate prison accommodation; (ii) Upgrading training and staff development.

orture is a serious violation of human rights and it is strictly prohibited by numerous human rights instruments. The prohibition of torture enshrines one of the most fundamental values of a democratic society. Its prohibition in a national constitution commits the country, and specifically its law enforcement officers, to performing their duties with due regard to the essential dignity of every human being. The irony is that the law enforcement officials and the security agents who are entrusted with the responsibility of maintaining law and order in the society sometimes breach the law which they have sworn to uphold. Most of the perpetrators of acts of torture are usually those in positions of state power. In addition, other persons who wield other forms of authority or influence also perpetrate torture. It is contended that both civil and criminal responsibilities of the perpetrators should be explored by bringing them to justice in order to serve as deterrence to others. Despite being stringently outlawed, torture continues to be practised in many countries in the world. The underlying assumption is that, although the prohibition of torture has become part of customary international law, the practice of torture remains widespread. Torturers and those who order or encourage torturers to ply their trade or acquiesce in their doing so, enjoy virtual impunity from prosecution within their own jurisdictions. In many cases, the majority of the torturers go unpunished because they are, most often than not, agents or officials of the state. Nowadays, there are various international human rights instruments prohibiting torture. Violations of the provisions of these instruments by states or individuals will attract necessary and appropriate sanction. The erring state or individual will be held accountable and if found liable, sanctions as contained in the instruments banning torture will be invoked accordingly. It must be stressed that condemnation of torture is universal and its prohibition forms not only part of customary international law, but has joined that narrow category of crimes so egregious as to demand universal criminal jurisdiction. There is no save haven for perpetrators because the various mechanisms and adjudicating bodies of state parties and the United Nations have competent jurisdictions to right the wrong. Furthermore, it must be stressed that there can be no justification for torture because CAT and other important international human rights instruments assume increasing importance tools which have realistic prospects for eliminating torture.

This thesis attempts to ascertain the implications for human rights when rebels become the only advocates of a population targeted by mass violence. The specific focus is placed on the case of Kurdish rebel organisations from Iraq and Turkey. Lacking an ability to organise freely within either state, these groups established a presence in the more open political environment of the West where they undertook efforts aimed at winning global support. After setting a theoretical basis in chapters one and two, the case studies that follow begin with an overview of the causes of the violence experienced by the Iraqi and Turkish Kurds, before proceeding to assess how this violence was represented on the global stage by the rebel organisations and their representatives. The time period assessed runs from the immediate aftermath of World War One through to the present day. Whereas previous studies of advocacy in International Relations have looked closely at the actions of more benign actors such as Amnesty International and Human Rights Watch, this study is more concerned with what happens when important human rights abuses go unnoticed. In such a context, rebels often become a people's only representatives. The result is that the message presented to the global community is one that conforms to the interests of the rebel organisation. This raises major questions and problems for millions whose perspectives might not match with rebel aims. In short, what is not said is more important than what is said. This focus on rebel-directed activism also casts serious doubts on the value of advocacy by exploring its role in reproducing rebel power at the expense of those that are most in need of support. It was only when Kurdish activists were able to establish an independent perspective that some of these limitations were addressed. In this, the act ivities carried out by the London-based Kurdish Human Rights Project (KHRP) are especially notable. By helping bring cases to the attention of the European Court of Human Rights, the KHRP has helped give voice and obtain tangible results for ordinary Kurds who never figured prominently in the agendas of any Kurdish rebel faction.

Tato práce pojednává o postoji Rakouska k rozšíření Evropské unie o Turecko. Rakousko patří v rámci Evropské unie k euroskeptickým zemím, což se odráží i v postoji k dalšímu rozšiřování. Zejména negativně se Rakousko staví k rozšíření Evropské unie o Turecko. Tento negativní vztah je dán jednak historickými vztahy mezi oběma zeměmi, negativními zkušenostmi s tureckou menšinou v Rakousku a charakterem volebních kampaní rakouských politických stran.

Tato práce pojednává o postoji Rakouska k rozšíření Evropské unie o Turecko. Rakousko patří v rámci Evropské unie k euroskeptickým zemím, což se odráží i v postoji k dalšímu rozšiřování. Zejména negativně se Rakousko staví k rozšíření Evropské unie o Turecko. Tento negativní vztah je dán jednak historickými vztahy mezi oběma zeměmi, negativními zkušenostmi s tureckou menšinou v Rakousku a charakterem volebních kampaní rakouských politických stran.

The purpose of this master thesis was to gain more insights into the actual impact that INGOs like Human Rights Watch incorporate as part of global politics. The case of HRW proved to be a great example, which had been largely neglected by the academic analysts so far. The theoretical framework introduced important implications necessary to understand the influence of INGOs to date. Based on a constructivist thinking, it was possible to outline a global political order, which is tremendously influenced by civil society actors such as INGOs. Especially the increasing significance of norms within an internationally arena -- that is becoming more and more connected -- gives impetus to actors that base their work on these collective beliefs. The deliberative power incorporated by INGOs enables them to actually challenge nation-states as well as market representatives by transforming the public sphere thoroughly. Human Rights Watch as particular case study has been analyzed as an organization that epitomizes the power of a rising global civil society. Throughout their historical development, HRW actively contributed to the defense of human rights against repressive governments as well as other violators. Obviously, the foundation of HRW was to a tremendous extent dependent on an overall evolution of human rights within the international arena. The end of the Second World War and the Universal Declaration of Human Rights by the United Nations paved the way for human rights to become an official and crucial part of international affairs. However, it took until the mid-70s when human rights turned into a major paradigm to be followed by nation-states. With the emergence of Helsinki Watch and the consequent evolution of other watch committees, the non-governmental organization strongly engaged with repressive governments (regardless of political orientation) in various regions of the world. Analyzing the contemporary organizational structure of HRW has been a difficult task due to relatively little information available. However, one can clearly state that HRW nowadays acts as a human rights defending organization that is virtually able to respond to abuses in every corner of the world. Its eagerness to review organizational process and adjust to novel human rights issues provides HRW with a unique flexibility and a large room for operations. This is also further strengthened through the integration of HRW within the international arena when considering their consultative status at the United Nations, the platform for worldwide relevant negotiations. Their growing presence in major capitals in conjunction with effective methodological approaches frequently permits HRW employees to meet up with heads of states. The impact this might have on the domestic opposition as well as on the actual socialization of norms has been described with the help of the example from Mexico, where the government refused to deal with forced disappearances. By actively engaging on-site, HRW tremendously fostered civil society movements that were otherwise unheard and powerless. As indicated in line with the spiral model, the intervention of HRW transformed the public sphere and boosted the dialogue between public and civil society representatives. The eagerness of the Mexican government to implement changes must be perceived as a success of HRW in its pursuit to defend human rights.

Recent events in East Timor and other regions have highlighted the dangers of leaving issues of self-determination unresolved for too long. Despite the tact that self-determination is one of the guiding principles of the UN Charter, many controversies over its precise meaning and application continue to preclude a coherent, comprehensive approach to the principle by Stales. This thesis analyses the main controversies over the right of all peoples to self-determination and suggests some conclusions as to the present status of this right under international law. The author also analyses potential approaches to enforcing a legitimate right to self-determination and concludes that there appears to be no effective enforcement mechanism, unless one has the support of a sovereign State in advocating one's cause. Historically, realisation of this right has more often involved a successful campaign of violence or coercion against the party denying the right, and subsequent recognition by the international community of the legitimacy of the campaign. Clearly, this situation is not conducive to international peace and security. The author argues that international criminal law may provide the only effective means of enforcing legitimate rights to self-determination at this time. This conclusion is drawn with reference to Professor M. Cherif Bassiouni's theory of five stages through which a human right evolves, from a mere aspiration, to a right whose breach attracts penal proscriptions. Bassiouni argues that, in international law, a human right becomes a suitable subject for international criminal law when effective enforcement modalities for that right have failed. The thesis concludes with a suggestion that the right to self-determination may be one of the rights protected under the 1998 Rome Statute of the International Criminal Court, within the definition of the crime against humanity of "persecution" (article 7(1)(h) & (2)(g)). / Law, Peter A. Allard School of / Graduate