This thesis contributes to the understanding of the most effective ways to promote sustainable and inclusive development. It uses public private partnerships in infrastructure projects as a case study for demonstrating that a holistic approach of development that incorporates human rights considerations is needed to achieve sustainable and inclusive development outcomes. The dissertation explores different notions of development and how they have influenced the regulatory frameworks for and the structuring of Infrastructure projects and their effectiveness in achieving their intended development outcomes. It demonstrates that public-private partnerships add several layers of complexity to infrastructure finance, planning and implementation, and that they can result in a significant gap between the project’s intended and actual developmental outcomes. The thesis proposes that governments and other project sponsors use human rights impact assessments (HRIAs) to address the challenges created by public-private partnerships in infrastructure projects and shows that this will help increase the possibility that infrastructure PPPs lead to sustainable development outcomes. The thesis also analyses a number of established human rights impact assessment methodologies and proposes a new approach that is specifically designed for the particular context of public-private partnerships in infrastructure projects. / Thesis (LLD)--University of Pretoria, 2020. / National Research Foundation (NRF) / Centre for Human Rights / LLD / Unrestricted

"The scale of human rights abuses on the continent is undisputedly high. The irony is that most constitutions contain express provisions for the protection and promotion of human rights and for the independence of the judiciary. It explains why constitutional guarantees alone are insufficient, political commitment is required if there is to be substance to these quarantees. The combination of express political statements made by governmetns, and their attitudes towards the judiciary, advances the argument mady by some that the majority of leaders treat its institutional independnce as a foreign invention imposed upon Africa. What is more disturbing, is that no alternate mechanisms are adopted to address and stop the continuation of human rights abuses. Therefore, this research seeks to answer the following question: whether judicial independence is a foreign invention imposed on African governments, and further, whether it is relevant to the protection of human rights in the continent. ... The research is composed of an introduction and four chapters. The introduction outlines the research question, literature review, objectives, hypothesis, significance, methodology and limitations of the study. Chapter one seeks to define the concept of judicial independence and how it relates to the protection of human rights. This is done by examining the international law perspectives on judicial independence. Chapter two highlights the theoretical and practical developments in the African continent that have taken place through the auspices of the OAU pertaining to judicial independence. Here the ACHPR, jurisprudence of the African Commission, the Protocol to the ACHPR and ancillary instruments are discussed and analysed. Chapter three discusses other universally recognised considerations that are concomitant to judicial independence and whose observance accelerate the protection of human rights. The chapter also focuses on the national constitutions to determine the extent to which justice systems cater for judicial independence and, practical responses by governments and courts. The fourth chapter seals the study by drawing evaluations, forwarding recommendations for the popularisation of judicial independence as an internationally recognised mechanism of the protection of human rights relevant to Africa, and finally, drawing general conclusion of the study." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / Prepared under the supervision of Dr. Atangcho N. Akonumbo, at the Faculty of Social and Management Sciences, The Catholic University of Central Africa, Yaounde, Cameroon / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"The enjoyment of all human rights by all persons is the ultimate horizon of democracy. It is generally admitted that democratic societies are less likely to violate human rights. The good human rights records of these societies can be justified, among others, by the promotion of a strong legal culture, which provides procedural avenues for allocating responsibility for human rights violations. Thus, the protection of human rights follows from the functions of law in society, and the nature of human rights claims. At the national level, human rights are protected by both domestic and international mechanisms. Therefore, the human rights claims should be based on violations of either domestic law or relevant provisions of operational international human rights instruments. However, most of the time this is not the case, especially in Africa. Many African states have ratified several international human rights instruments, but the record of the way the latter are applied in their respective judicial systems remains very poor. This study aims to analyse the case of Burundi, one of these state whose judicial system only rarely applies international human rights instruments in spite of the importance devoted to them by the Constitution. It must be understood that international human rights as a source of law will be referred to, in this study, both as a source of rights and as a source of interpretation of domestic human righs instruments such as the Bill of Rights. ... Chapter one will set out the content of the research, identify the problem and outline the methodology. Chapter two will focus on the status of international law in domestic legal systems. It will highlight the theories that have been used to determine the relationship between international and domestic law in general. Chapter three will analyse on basis of some samples of cases how the Burundian courts interpret and apply international human rights instruments. Chapte four discusses the role played by the Burundian lawyers in the enforcement of these instruments. Chapter five will draw [a] conclusion and recommendations." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Professor Grace Patrick Tumwine-Mukubwa at the Faculty of Law, Makerere University in Kampala, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"Despite the apparent universal existence of the friendly settlement procedure it has not been extensively used in the African regional system. Against this background, this study is a comparative analysis of the provisions and application of the friendly settlement procedure in the African, Inter-American and European regional systems. The study further examines in detail the practice and jurisprudence of the three regional systems on a comparative basis. The comparative analysis is relevant for the following reasons. Both Africa and South America share common historical backgrounds in terms of socio-economic development and the nature of human rights violations. Europe has the oldest human rights system and if experience is anything to go by, then there might be lessons to be learnt by the younger counterparts. The establishment of the African Court of Human and Peoples' Rights (African Court) to complement the protection mandate of the African Commission on Human and Poeoples' Rights (The African Commission) further justifies the comparative analysis as the other regional systems also have regional human rights courts. ... Chapter 1 is an introduction of the study on the effectiveness and propriety of friendly settlements. The ensuing chapter traces the foundations and sets up the conceptual and theoretical framework of friendly settlements. Having established the existence of the procedure, chapter 3 examines the institutional and legal provisions of friendly settlements in international and regional human rights instruments on a factual level. The detailed and critical analysis of the frienldy settlement procedure is presented in chapter 4. The author makes use of the jurisprudence of the three regional human rights bodies and examines how the procedure has been applied in practice. The practice of the three regional bodies is analysed on a comparative basis to assess the effectiveness of the procedure. The last chapter makes conclusions and gives recommendations regarding the application of the friendly settlement procedure as an alternative method of dispute resolution." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / Prepared under the supervision of Dr. Henry Ojambo, Faculty of Law, University of Makerere, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"The study is divided into five chapters. Chapter one provides the context in which the study is set, the focus and objectives of the study, its significance, and other preliminary issues including the hypothesis and literature survey. Chapter two first seeks to briefly portray the current state of human rights in Africa. In the second part, history and development of the African Union is traced, within the context of its predecessor - the OAU. Its third part extracts and analyses the specific human rights content of the AU Constitutionve Act and other relevant provisions, both independently and collectively; while its fourth part progresses to examine the conribution of the AU to human rights so far, by gauging and scrutinizing the human rights content of its summits. The fifth and final part scrutinizes the implications of the linkage of human rights to development and hence, its re-conceptualisation or otherwise, in Africa. Chapter three seeks to examine the extant implications of the AU human rights agenda on the existing human rights protection framework. First, it provides a brief overview of the existing regional human rights protection system, while its second part elucidates the human rights enforcement mechanisms that have been developed under the African Charter system. Its third part seeks to examine the problem of enforcement of, and non-compliance with human rights in Africa, with a view to understanding the problem, and forging a way forward. Its fourth part looks at the relationship between the AU and the existing human rights institutions within the context of the AU Constituve Act, while its concluding part addresses the latent risk of proliferation and redundancy that might attend the proposed creation of more human rights-oriented institutions under the AU/NEPAD; proposing rationalization of the same and the fusion of compatible mandates, with the view of avoiding unnecessary and expensive duplications. Chapter four seeks to present the probable picture of the fusion of the emerging and existing frameworks. Its first part sets out to describe, as well as explicate the justifications for the proposed human rights enforcement framework under the AU, citing models. Its second part seeks to explore the potentialities of trade as veritable tool of sanction within the proposed structure, while its concluding part seeks to do the same in relation to the device of peer pressure. The fifth and final chapter of the study seeks to draw some conclusions and further give recommendations on how the proposed hybrid framework can be achieved, while emphasizing the importance of such synergy as a feasible solution of the problem of human rights enforcement in Africa." -- Chapter 1. / Prepared under the supervision of Prof. J. Oloka-Onyango, Faculty of Law, Makerere University / Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2003. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Music has been an intrinsic part of not only my life but human life and the development of every people, society and culture throughout history. Music possesses the power to cross social, racial, cultural, economic and religious barriers and has the ability to truly touch people on a personal and emotional level which is why some even today fear the influence and impact of music. The process of trying to redeem humanitarian values can seem almost impossible in certain situations, however, human rights educators and researchers in social development have held that “change is successful when brought about at the micro-level.” Those in charge of organising human rights education (HRE) programmes need to take into account the social, political, cultural and economic contexts and the extent to which this education will have for social transformation. HRE in itself is primarily focused on building a human rights culture in communities and the programmes set up is evaluated on the basis of its realisation of this.In addition to building a human rights culture, HRE also leads to advocacy on those human rights issues. This is mostly as a result of societies where there is a struggle to embody and uphold human rights values. HRE would therefore need specific target groups and programmes following particular frameworks such as “fostering and enhancing leadership; coalition and alliance development; and personal empowerment” aimed at firstly healing of that community, its development and social transformation finally. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010. / 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 Gilles Cistac of the Faculty of Law, Eduardo Mondlane University, Mozambique. 2010. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

It can hardly be gainsaid that the splendour of African history has but received disproportionate attention in international scholarship on peoples and societies of Africa. A plethora of various scholarships on the African continent spilled so much ink on unfounded and academically feeble claims that the history of the Africa is shrouded in darkness. This misleadingly erroneous view about the African continent, though increasingly losing currency, has unfortunately influenced scholarship on the origin and philosophy of human rights. This explains therefore, the failure of eurocentric writers’ to consult or examine the rich tapestry of cultural values of African societies in their assertions about the origin and philosophy of the modern phenomenon of human rights. However, like its predecessor, this fallacious academic position has attracted scholarly responses from afro-centric scholars. Zeleza has noted that the: western appropriation of human rights does grave intellectual and political disservice to the global human right discourse and movement. Intellectually it homogenises and oversimplifies the human rights traditions of both the west and the rest of the world and undermines theoretical advances that can come from serious and sustained intra and inter-cultural comparisons and conversations. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010. / 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 Prof. Babcar Kante of the Faculty of Law, University of Gaston Berger, Saint Louis, Senegal. 2010. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Magister Legum - LLM / South Africa‟s definition of a firearm is quite broad, yet it excludes various devices that have the same lethal effects as a firearm. This is informed by the various principles that have been developed by the courts in interpreting the said definition. It is argued that a good definition informs the extent to which other aspects like licensing and usage may be instructive. The central research question as regards the context of the definition of a firearm, leads to an examination of three interrelated questions. These include the definition of a firearm in South Africa, the relevance of experiences from other jurisdictions and the need for a new definition of a firearm.

In this project I investigate the factors shaping compliance with international human rights agreements and I provide a definition of compliance, which goes beyond “ratification.” I argue that compliance is a multistage process, built upon three different steps: ratification/accession, implementation, and what I call “compliant behavior.” As an alternative to the dominant structural and normative explanation of compliance, I suggest that the factors affecting compliance are not only endogenous to state characteristics, such as the democratic/non-democratic nature of governments, but also exogenous, such as the perceived level of threat to national security. I offer a twofold theory that looks at leaders’ behavior under conditions of stability and instability and I suggest that under certain circumstances that threaten and pressure government leaders, state compliance with international human rights law becomes more costly. I suggest that regardless of regime type, threats shape leaders’ behavior toward international law; states are faced with the choice to abide by international obligations, protecting specific human rights, and the choice to protect their national interests. I argue that when the costs associated with compliance increase, because leaders face threats to their power and government stability, threats become the predictor of non-compliant behavior regardless of the democratic or non-democratic nature of the regime.

The Acholi people have remained poor despite the existence of a legal regulatory framework to guarantee enjoyment of the right to development (RTD) in Uganda. The study, therefore, seeks to explore alternative approaches for the protection and attainment of the RTD for the Acholi; a society that recently emerged from a conflict that lasted over 20 years. The conflict stifled the Acholis’ development opportunities and stripped them of their culture, a corner-stone for development in their society, due to forced encampment. The broken cultural system had the effect of limiting access to development opportunities. In the absence of protection from cultural structures, access to land and other sources of livelihood, the Acholi were reduced to a life of abject poverty during and after the conflict. The objective of this study was two-fold. First, to contribute to the debate on justiciability of the RTD for the Acholi by questioning the efficacy of the legal, policy and institutional framework for the protection of developmental rights in the post-conflict setting. The study also sought to explore the use of alternative approaches, including a clan-based development model, to facilitate development of the Acholi. This is in line with the right to self-determination which recognises the right of all people to freely participate in their development. From a theoretical standpoint, despite its controversial nature, the study shows that the RTD is indeed recognised under the African Charter, and is, therefore, justiciable in Uganda by virtue of article 45 of the Uganda Constitution. However, the legal basis upon which the RTD can be claimed is weak given that the right is only justiciable at the African regional level, beyond the reach of an ordinary Acholi of limited means. Its justiciability alone has remained contentious not just in Africa but also in the international realm. The study advocates for the adoption of a clan-based development model to tap into the pre-conflict Acholi clan structure through which development could be communally attained. This process would be state-funded through public-private partnerships in a bid to facilitate sustainable and meaningful development in Acholiland. The study advances the need for legal and institutional reforms; including, constitutional reforms to give formal recognition of the RTD in the bill of rights. The recognition of the role of culture in development planning and peace processes is also advocated for as it is critical for ensuring sustainability of peace and development. / Thesis (LLD (Human Rights))--University of Pretoria, 2021. / Centre for Human Rights / LLD (Human Rights) / Unrestricted