Includes bibliographical references. / The trafficking of children has been recognised by the international community as a transnational organised crime that affects children globally. As the child rights movement has grown in momentum over the last few decades, so has the concern regarding the exploitation of children. Child trafficking is certainly one of the gravest forms of abuse currently perpetuated against a child and his/her rights. Despite the numerous policy documents, international treaties and various other legal documents prohibiting the sale of children for any purpose; these documents have not resulted in the decrease or elimination of child trafficking. This paper will engage with child trafficking through a human rights lens in order to highlight the full extent of child abuse perpetuated by child trafficking. It is due to the very nature of child trafficking that resulted in the international and regional community enacting legal instruments to deal with different aspects of this crime. These instruments require states to prevent and punish the trafficking of children. This paper will examine South Africa s child trafficking laws and policies having regard to its international and regional obligations.

Humanitarian intervention refers to the use of force for the protection of human rights in a foreign state and usually against the will of the state in which force is used. The legality of unilateral humanitarian Intervention is a widely contested area in contemporary international law. It is a discussion that cuts across law, morality and foreign policy. Humanitarian intervention brings to the fore the contention between the principles of sovereignty and political independence on one hand and human rights and the principle of common humanity on the other hand. Some scholars contend that humanitarian intervention is a violation of the principles of sovereignty and political independence of states and violates Article 2(4) of the United Nations (UN) Charter. Other scholars have argued that Artcicle 2(4) of the UN Charter does not prohibit the use of force for human rights purposes but rather prohibits use of force which is targeted against a state's political framework or territorial annexation. They argue further that huamn rights constitutes one of the purposes of the UN and it is therefore unthinkable that the UN Charter will prohibit the use of force for such a purpose as human rights. Humanitarian intervention thus stands at the crossroasds of very foundational principle of both customary international law and the UN Charter. In this thesis, I argue that humanitarian intervention is illegal under the UN Charter as it does not fall within the two exceptions to the use of force: self-defence and Security Council sanctioned use of force. However, I go further to argue for the legitimacy of humanitarian intervention based on the principles of common humanity and wider principles of sovereignty. This argument draws from the just war doctrine as postulated by Grotius and other early just war theorists. The need to allow for unilateral intervention is pertinent given the rise in the abuse of power by some governments. Sovereignty should not be an umbrella that shields human rights abuses.

Includes bibliographical references. / This dissertation will, through the analysis of various pieces of legislation and taking account of the daily realities of children in South Africa, Brazil and India (IBSA), outline the progress made to reduce and eradicate the exploitation of children, through the elimination of child labour. These three countries are chosen because of the particular challenges they face, but also because as part of the IBSA group, they have committed themselves to working together in the advancement of key international matters, including issues of human rights and social justice. The India, Brazil and South Africa (IBSA) group has further recently been held up as a global example for the efforts made by nations in the elimination of the worst forms child labour. The ultimate goal is the total elimination of child labour. This dissertation will draw attention to the complexities and contradictions in policy and practice, with particular reference to concepts such as ‘Child Labour’ and the ‘Worst Forms of Child Labour’. This dissertation will compare [the experience of] childhood in these countries, and explore the risk factors that place particular children, and families, at risk of utilising child labour as a source of income.

On the 18th August 2003 in the City of Accra, Ghana, representatives of the new Liberian government signed what became known as the Comprehensive Peace Agreement (CPA). The Agreement marked the formal end of over twenty years of civil war and strife for Liberia and the Liberian people. Article XIII of the CPA outlines the establishment of a Truth and Reconciliation Commission (TRC). Accordingly, the Commission was mandated to provide a forum that will address issues of impunity, as well as an opportunity for both the victims and perpetrators of human rights violations to share their experiences in order to get a clear picture of the past to facilitate genuine healing and reconciliation.In essence, the proposal was for individuals to share their experiences, through speech and language, of the violence and inhumane treatment suffered through the years of war, in order to provide the greater community of Liberia with a clearer understanding of their collective history and, as a result, lead the country to realise "genuine healing and reconciliation‟ through this process. Through a philosophical and psychological framework this paper seeks to explore the promises and limitations of truth commissions - with specific refererence to the truth commission established in Liberia - through a deconstruction and discussion of their central elements: truth, testimony, history and reconciliation. The paper will contest the notion posited in the mandates of truth commissions that truth is something objective and verifiable that can be found; rather, I insist that if we align our understanding of truth with Nietzschean thinking on the subject, truth commissions can foster the creation of truth through the individual's creative engagement with speech and language as they testify at truth commission hearings. The paper then goes on to discuss some of the problems inherent in the idea that, through the act of narrative, individuals can heal through a spoken testament of their traumas. Following post-modernist thinking, this paper is sceptical of claims of official truth and history which privileges certain memories and narratives and in fact subscribes to a version of history which suits the agenda of the new order and government, or those who have been tasked with writing this official truth and history. Indeed, by the very notion that truth commissions 'rewrite' the past they admit that truth and history are permeable, biased and privileged to whomever is writing it. This paper argues that despite truth commission's claims that they are therapeutic bodies aimed at the overall healing and betterment of those afflicted by the pains of war, truth commissions are in fact political bodies designed to forward the agenda of the new reigning order. In addition, this paper makes suggestions as to what elements of a truth commission can have a positive and healing effect, and could therefore lead to what I argue to be true and lasting reconciliation. The paper will contest the notion posited in the mandates of truth commissions that truth is something objective and verifiable that can be found; rather, I insist that if we align our understanding of truth with Nietzschean thinking on the subject, truth commissions can foster the creation of truth through the individual's creative engagement with speech and language as they testify at truth commission hearings. The paper then goes on to discuss some of the problems inherent in the idea that, through the act of narrative, individuals can heal through a spoken testament of their traumas. Following post-modernist thinking, this paper is sceptical of claims of official truth and history which privileges certain memories and narratives and in fact subscribes to a version of history which suits the agenda of the new order and government, or those who have been tasked with writing this official truth and history. Indeed, by the very notion that truth commission's 'rewrite' the past they admit that truth and history are permeable, biased and privileged to whomever is writing it. This paper argues that despite truth commission's claims that they are therapeutic bodies aimed at the overall healing and betterment of those afflicted by the pains of war, truth commissions are in fact political bodies designed to forward the agenda of the new reigning order. In addition, this paper makes suggestions as to what elements of a truth commission can have a positive and healing effect, and could therefore lead to what I argue to be true and lasting reconciliation The paper then goes on to discuss some of the problems inherent in the idea that, through the act of narrative, individuals can heal through a spoken testament of their traumas. Following post-modernist thinking, this paper is sceptical of claims of official truth and history which privileges certain memories and narratives and in fact subscribes to a version of history which suits the agenda of the new order and government, or those who have been tasked with writing this official truth and history. Indeed, by the very notion that truth commission's 'rewrite' the past they admit that truth and history are permeable, biased and privileged to whomever is writing it. This paper argues that despite truth commission's claims that they are therapeutic bodies aimed at the overall healing and betterment of those afflicted by the pains of war, truth commissions are in fact political bodies designed to forward the agenda of the new reigning order. In addition, this paper makes suggestions as to what elements of a truth commission can have a positive and healing effect, and could therefore lead to what I argue to be true and lasting reconciliation.

Includes bibliographical references. / An astute understanding of history is not required to grasp that global trade is not a new phenomenon. As a very young student in American schools, I still recall learning about the caravans of traders trekking across the Silk Road, about the merchant traveller Marco Polo, about the misplaced aspirations of Christopher Columbus and the resulting Columbian Exchange between Europe and the Americas. This is an oft-mythologized and sometimes flatly fabricated period of history,1 but there are basic truths at the base of it all. There were certainly men embarking on difficult journeys across vast ocean stretches, carrying goods from one continent to another with the hope of striking it rich (or at least making enough to buy themselves a good time at the next harbour). There were certainly people who profited, and plenty more who were exploited. But while global trade is not new, the structure and volume of global trade has changed drastically during recent decades. More money is at stake, and so is a greater swath of humanity. Complex global value chains2 have sprouted, in which a single product may contain fingerprints from dozens of countries when it finally lands on retail shelves. In this dissertation I am concerned with the fate of workers that toil anonymously at the base of these global value chains. But my primary focus is to contest a myth, though it has nothing to do with Christopher Columbus. Rather, the dominant narrative surrounding contemporary global trade suggests that regulation of such is beyond our reach. Due to the evolving structure of global trade, ‘governance gaps’ have emerged. This begs many questions: Who is responsible for achieving a remedy when things go wrong, when a factory collapse kills hundreds of workers or when the makers of high-priced fashion aren’t paid a living wage? Do we turn to the state that shelters the corporation, even if the wrongdoing occurs outside their jurisdiction? What about the state where the operations are based? Can they impose their will on corporations that are sheltered elsewhere? Are the corporations themselves responsible, even when they are not directly involved in outsourced operations? Are local manufacturers at fault if they are acting at the behest of a more powerful entity?

Includes bibliographical references. / Zambia's housing problems cannot be overstated. The current Constitution of Zambia does not recognise the right to adequate housing as a fundamental human right. It provides that the State shall endeavour to provide decent shelter for all but as a directive principle of state policy. In essence, as explicitly stated by the Constitution, the right to housing is not justiciable. This means that Zambians cannot approach any court, tribunal, administrative institution or entity to claim violation of the right to adequate housing. It is submitted that rights must be claimed if they are to be fully enjoyed. This thesis will discuss the importance and the need for a justiciable right to adequate housing in Zambia enshrined in the Constitution.

The harmful traditional practice of child marriage remains one of the main challenges towards the full realization and enjoyment of children's rights in Africa. In the sub-Saharan Africa alone, countries such as Malawi are faced with the problem of child marriage where as high as 40% of the women are married as children. Malawi has a substantive legal framework that affords protection and prohibits the harmful practice of child marriage. However, child marriages remain prevalent in Malawi where harmonisation of the laws is problematic. This has the effect of robbing the girl child of her childhood, access education and health among other rights that she is entitled. Addressing this problem in Malawi as a matter of urgency is crucial for the promotion, protection and realisation of children's rights, especially to the girl child. This study therefore conducts an analysis of the legal framework and contextual practice of child marriage in Malawi based on desk research of various laws in Malawi and literature. This analysis is premised on the understanding that human rights law within a legal framework plays a major role towards ensuring that young girls are protected from child marriage and its attendant consequences. This study has found that the laws of Malawi are not synchronised with each other especially with the Malawi Constitution with regard to protecting the rights. The case in point for instance is the recent passing of the Marriage, Divorce and Family Relations Act which reflects international and regional human rights standards, but is inconsistent with the Constitution of Malawi. It is recommended that Malawi should through the law address the practice of child marriage by amending the Constitution to remove any ambiguities. In this regard, creating a protective legal framework must not be done in vain. This should be supported by effective implementation of national development plans that aim to realise the rights of children, especially the girl child.

The involvement of children to fight in armed conflicts remains one of the main challenges towards the full realization of children's rights on the African continent. Despite a substantive legal framework affording protection and prohibiting the enlisting and recruitment of child soldiers, this practice remains prevalent in many parts of Africa particularly in the Great Lakes Region. As a result of their childhood and the traumatic events they are exposed to during armed conflicts, children inexorably suffer from many forms of harm including physical, mental and psychological harm. Addressing this harm as a matter of urgency is crucial for the proper and effective reintegration of these children into society. The Rome Statute departs from the silence of many international criminal law instruments which focus exclusively on the prosecution and sentencing of criminals overlooking the needs of the victims of international crimes by offering redress. It introduces a new and unique reparative system that aims at providing redress to the victims of international crimes within the courts' jurisdiction. This reparative regime which is still in its early life stages faces many challenges and uncertainties. In its first case dealing with principles relating to reparations, the International Criminal Court (ICC) showed these challenges and the difficulty of establishing permanent guidelines on future reparations to former child soldiers who are victims of the international crime(s) of the enlisting and recruitment to fight as combatants. Clear principles can help current and future victims by having an insightful and realistic expectation of the modalities and the scope of the reparation award they can get from the ICC.

This dissertation aims to interrogate the following research question: How would the decriminalisation of sex work model align with the South African human rights framework? The dissertation recommends the decriminalisation model of law reform, as it will fulfil public health goals and respect human rights. The study highlights the systemic patterns of abuse that sex workers in South Africa experience because of the criminalisation of sex work. In response to the research question, an analysis of the impact of criminalisation on sex worker's human rights is offered together with a description and analysis of existing legislative models such as the legalisation model (adopted in the Netherlands), partial criminalisation model (also known as the ‘end-demand' model, which is enforced in Sweden) and the decriminalisation model (applied in New Zealand and Australia), as well as how the aforementioned models might benefit sex workers and the broader society. In addition, the dissertation addresses the current legal position and jurisprudence on sex work in South Africa. The impact of the criminal law on sex workers and general society is discussed and the current untenable position created by outdated legislation is highlighted. An analysis of the current legal framework in South Africa that prohibits sex work is provided, and the impact of the current legal framework on sex worker's constitutional human rights is examined. The case precedents on sex worker human rights in South Africa and the existing legal models, as mentioned above, on sex work are also analysed. A consideration of South Africa's compliance obligations under international and regional human rights treaties and the South African Constitution, as well as the statutory approaches adopted in New Zealand, Australia and the Netherlands are further explored. The intended outcomes of this dissertation are: a) To illustrate that the decriminalisation model of sex work is compatible with the human rights framework in South Africa; and b) To provide a basis for a proposal for an appropriate legal model for South African policy makers, tasked with formulating and implementing a statutory framework that recognises and protects the human rights of sex workers in South Africa.

The Republic of South Africa became democratic after it succeeded to come out of a long time 'scourge' of the apartheid system which violated quite a number of human rights. One of the tools employed during that era was unnecessary secrecy which hampered citizen's right to know. When South Africa held its first election in 1994 it commenced a new South Africa without apartheid; it aimed at embracing human rights and to do away with all bad laws existing before a democratic South Africa. Consequently, the supreme law of the Country, the Constitution of 1996, entrenched human rights law amongst which is the right to access to information held by the State and another person that is required for the 'exercise and protection of human right'. This was underscored in section 32. This right started to ·appear in the interim constitution of South Africa of 1993, but was amended in the current constitution by the addition of a subsection which directed that 'national legislation must be ena~ted to give effect to this right ... ' The provision of the Constitution was effected by enacting a legislation of the Promotion and Access to Information Act of 2000) (PAIA) which put in practice the directive of the Constitution. This minor dissertation intends to make a follow up of how this right is being implemented in South Africa. In doing so, the right to know will be examined in relation to institutional and cultural secrecy. Briefly, the dissertation will seek to answer the questions: i) what are the legislative norms which have been put in place to promote and safeguard this right? and ii) are there limitations and challenges to this right? Then at the end of this dissertation, the research will present a comparative study with Tanzania, the country of origin of the present author, where the right to know is recognized by the Constitution of Tanzania but remains ineffective for lack of concrete laws to enforce the right of access to information. In a state where there is no law providing for public access to government information, this work can present a lesson from South Africa. Furthermore, it is hoped that this dissertation can contribute ideas at this moment when Tanzania is in a · transitional process of making a new Constitution.