This study examines the prospects for accountability for international crimes committed in South Sudan since the civil conflict began in December 2013 and resulted in the deaths of at least 400,000 people and displacement of 2.24 million people by September 2018. It argues that both government and opposition forces have committed serious crimes under international law. It claims that since the start of the civil war, the Government of South Sudan has allowed impunity for international crimes to flourish by pursuing only the Terrain case. The study further argues South Sudan has neglected to investigate, prosecute, and punish suspects of international crimes. It also crippled the current judicial system to the extent that it cannot provide justice to victims of the civil war due to a severe lack of independence and political interference. This not only shows the lack of political will to address the critical issue of accountability for international crimes, but it feeds impunity and undermines South Sudan's ability to meet its international obligations. It also shows a total disregard for the victims' rights to truth, justice, and reparations. For this reason, this study focuses on the Hybrid Court of South Sudan (HCSS) as one of the accountability measures envisioned to be established under Chapter 5 of the R-ARCSS. The study argues that in the absence of an independent, impartial, and competent judicial system in South Sudan, the HCSS remains the only meaningful and effective alternative justice mechanism to address the plight of the victims of the civil war. The study thus looks at how it could be utilized to ensure that South Sudan adheres to its international obligations. If the HCSS is not established, the study proposes the establishment of an Adhoc court by the African Union and the United Nations. / Mini Dissertation (LLM (Human Rights and Democratization in Africa))--University of Pretoria, 2021. / Centre for Human Rights , University of Pretoria / Centre for Human Rights / LLM (Human Rights and Democratization in Africa) / Unrestricted

Abstract The main aim of this study is to provide an exploration on criticisms and justifications of South Africa’s Leadership Style within the SADC region with hope of filling some of the literature gaps in the subject under enquiry. The identified research problem is due to the agreements and disagreements in the existing literature on whether South Africa is a hegemon, pivot or self-appointed leader in Southern Africa and Africa at large. The literature does not appear to take into consideration the constraints presented by the principle of sovereign equality of states provided for in the 1992 SADC Treaty when criticising South Africa for not acting decisively on countries that violate the human rights. The other problem is due to the quandary that SA finds itself in on whether to apply its perceived hegemonic authority in providing decisive leadership to the SADC region or to maintain the stand of being the first amongst equals. The judgemental or purposeful sampling of literature was applied because the primary and secondary sources provided the reliable information to achieve the objectives of the study. Data collection techniques that the researcher relied on included the South African National Development Plan, 1992 SADC Treaty, document and desktop analysis. Data was analysed to determine if the criticism of South Africa’s style of leadership in the Southern African development Community is justified. South Africa was, until August 2019, a member of the Southern African Development Community (SADC) Troika of the Summit and its joint leadership role is critical for political stability, regional economic integration and investments in SADC. The study explored how South Africa’s leadership style would be compromised if it is not in the SADC Double Troika, hence the need to lobby to become a permanent member of SADC Double Troika. If successful, this would close the existing gab in the country’s leadership agenda. The country applies quiet diplomacy in its engagement with SADC member states. However, there is a gap because it has not been firm enough when engaging the region on matters of good governance. South Africa’s ability to act decisively on human rights violations in the region is constrained by the principle of sovereignty equality of states, which is enshrined in the SADC Protocol of 1992. The economic strength of South Africa in Southern Africa is indisputable. Regional, continental and global interests lie at the heart of South Africa’s foreign policy. This research investigated South Africa’s prospects as the most qualified State to lead the regional integration processes in Southern Africa. It was established that South Africa has the most diversified economy in the region and therefore critical to drive SADC’s developmental regionalism. This is primarily due to its soft power, advanced infrastructural development, superior economic strength and mediation/facilitation capabilities. It is prudent for South Africa to find some ways of becoming a permanent member of the SADC Double Troika of the Organ (either in the SADC Troika or SADC Organ Troika) so that it could exercise its leadership collectively with other Troika members. / Mini Dissertation (MDIPS)--University of Pretoria, 2019. / South African Government / Political Sciences / MDIPS / Unrestricted

This minor dissertation argues that there is more than a disjuncture between theory and practices, particularly for refugees and migrants and doctors in South Africa. The core idea of the Bill of Rights is that socio-economic rights are for everyone. Yet, its application suggests everyone means all citizens in the post-apartheid period, rather than all residents in South Africa. In the international domain, the human rights discourse calls on states to recognise responsibility extending to all peoples residing in a sovereign nation- state; but progressive realisation can hamper this aspiration. By employing progressive realisation within South African law, the idea that the state pays for what it can and makes future efforts to change, socio-economic rights for everyone currently cannot be achieved. This dissertation examines how Constitutional Court rulings on access to healthcare and relevant statutes have not been uniformly granted to everyone causing a disjuncture between law and practice.

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The globalized neoliberal agricultural regime operates within a neocolonial context and was therefore built upon the ideologies, law, and legacy of the colonial-era. Both capitalism and colonialism, in theory, and in practice, share characteristics that are inherently contrary to the realization of human rights. Given that the human rights framework operates within a globalized capitalist economy, there are systemic barriers to the universal realization of human rights. This thesis holds that the concept of food sovereignty not only highlights this reality but presents a nuanced emancipatory path forward towards a post-capitalist world where universal human rights realization is not only possible but inherent to the functioning of food sovereignty itself. Food sovereignty presents as a praxis for Marxist agrarian theory in establishing an approach to closing the metabolic rift. The existence of the Food Sovereignty Movement also confirms the existence of the metabolic rift as the theoretical disconnect between capitalism and human rights which underpins the current agricultural system. As a concept, it accounts for the systemic obstacles to the universal realization of the right to adequate food while also providing an alternative food system centred on the decisions of small-scale food producers. Contrary to capitalist and colonialist approaches to food production, food sovereignty is concerned with universal access to culturally appropriate nutritious foods produced through ecological means. Through a combination of normative and descriptive claims, this thesis examines the official recognition and realization of the right to food sovereignty as a proxy of Marxist ideology. Food sovereignty empowers the rights-holder to ensure the continued realization of their right to adequate food in underscoring the fact that rights realization is not static in nature but, an ongoing endeavour. As such, the process called for to implement an alternative food system is one of decolonization. / Thesis / Master of Arts (MA) / Despite the existence of enough food for the sustenance of the global populace, there are obstacles prohibiting economic and physical access to food. These obstacles are created and maintained by the institutions and social structures that put forth policies encouraging economic and social inequality. The role which small-scale food producers play in global society is integral to the realization of the human right to adequate food. However, the current agricultural system de-values their work. Conceptually, food sovereignty highlights the oppressive nature of the agricultural system and puts forth a response that focuses on small-scale food producers assuming control over the food system. Commodification and exploitation are inherent characteristics of both the capitalist and colonial systems. Food sovereignty aims at dismantling oppressive systems through anti-capitalist and anti-colonial efforts sanctioned by the mobilization and collaboration of oppressed peoples within the context of food production.

Background. A nationally representative study of psychiatric disorders in South Africa provided an opportunity to study the association between perpetration of human rights violations (HRVs) during apartheid and psychiatric disorder. Prior work has suggested an association between perpetration and post-traumatic stress disorder (PTSD), but this remains controversial. Methods. Subjects reported on their perpetration of human rights violations, purposeful injury, accidental injury and domestic violence. Lifetime and 12-month prevalence of DSM-IV (Diagnostic and Statistical Manual, 4th edition) disorders were assessed with Version 3.0 of the World Health Organization Composite International Diagnostic Interview (CIDI 3.0). Socio-demographic characteristics of these groups were calculated. Odds ratios for the association between the major categories of psychiatric disorders and perpetration were assessed. Results. HRV perpetrators were more likely to be male, black and more educated, while perpetrators of domestic violence (DV) were more likely to be female, older, married, less educated and with lower income. HRV perpetration was associated with lifetime and 12-month anxiety and substance use disorders, particularly PTSD. Purposeful and DV perpetration were associated with lifetime and 12-month history of all categories of disorders, whereas accidental perpetration was associated most strongly with mood disorders. Conclusion. Socio-demographic profiles of perpetrators of HRV and DV in South Africa differ. While the causal relationship between perpetration and psychiatric disorders deserves further study, it is possible that some HRV and DV perpetrators were themselves once victims. The association between accidental perpetration and mood disorder also deserves further attention.

Prisoner rights in Canada have historically been met with disrespect and disregard. Advocates have continuously fought for better protections of prisoner rights and legislation that bans the harmful treatment of prisoners. However, during the outbreak of the COVID-19 pandemic concerns arose about how prisoners’ rights were affected. Therefore, the question guiding this research is: How have the human rights of prisoners and (anti) carceral advocacy for their rights been impacted by the COVID-19 pandemic? To answer this question, a document analysis was conducted, using documents from academics who work in the field, government departments, and advocates working in a variety of areas. This thesis fills the gap in scholarly inquiry that the pandemic has created as the circumstances and the effects of the pandemic are unknown. The government reacted to the pandemic by implementing protocols that suited them with little regard for how prisoner rights could be affected, and neglected advocates recommendations for change. Advocates reacted by shifting their strategies to ensure they could continue advocating during the pandemic. The thesis revealed that during a crisis, both positive and negative reactions can co-occur. The pandemic created a state of exception within the penal system; therefore, an increase in rights violations occurred. However, an opportunity for positive change also emerged. Advocates used this opportunity to change their strategies and maintain their advocacy. By contrast, the government did not seize the same opportunity, as is evidenced by how the recommendations that advocates had been supporting were not implemented properly to protect prisoners.

The Rwandan Genocide occurred between April and July of 1994. Within those four months, approximately a million Tutsi were brutally murdered by the Hutu in an effort to cleanse the country of a Tutsi presence. The genocide was the culmination of decades of unrest between the two groups created from Western influence under colonialism and post-colonial relationships. The international response to the genocide was scarce. While international intervention waned, the international media kept the genocide relevant in its publications. This thesis examines print media sources from the United States, Britain, and France. This thesis argues that the reporting of the genocide exacerbated larger issues concerning the relationship between the West and Africa. The journalists perpetuated Western superiority over Africa by utilizing racism to preserve colonial ideologies and stereotypes of Africans. In turn, this inherent Western racism complicated the implementation of human rights legislation that would have helped save Tutsi lives. This thesis places the Rwandan genocide, through the reports of Western media, into the larger historiographic context of the Western African dichotomy.