Text in Afrikaans / In die post-koloniale tydsgewrig was die menseregte-situasie en bestaansomgewing van talle Afrikane die van konflik, korrupsie, onderdrukking, sosiale ongeregtigheid en menseslagting. As kontinentale eenheidsorganisasie het die OAE jare lank in gebreke gebly om die lot van mense in sy ledestate te verbeter. Eers teen die laat-sewentigerjare het die organisasie - hoofsaaklik as gevolg van internasionale druk - begin om werklik aan menseregte aandag te skenk. Die kulminasie hiervan was die Banjoel-handves vir menseregte in 1981. Dit is egter bekend dat die gebeure geen wesenlike verbetering en vordering in die menseregte-gesteldheid in Afrika teweeg gebring het nie. Teen hierdie agtergrond is gepoog om die geskiedenis van menseregte in Afrika en die OAE se rol hieromtrent te ontleed. Samehangend is ondersoek gedoen na die noodsaaklike elemente vir 'n menseregtebedeling op die kontinent - soos dit in der waarheid in die Banjoel-handves ten doel gestel is. Die belangrikste bevindings is onder meer dat * 'n botsing tussen pan-nasionale en nasionale belange in die OAE deurgaans ten diepste veroorsaak het dat die organisasie in gebreke was om die lot van talle Afrikane te verbeter; * die politieke bedelings en "regskultuur" van die afsonderlike Afrika-state tot dusver verhoed het dat die menseregte van die Banjoel-handves sinvol toegepas word; * indien die OAE sy menseregte-standaarde toegepas wil sien, die Afrika-leiers in afsonderlike verband eers daarmee erns moet maak; * gemeenskaplik aanvaarde politieke bedelings en legitieme regerings in Afrika voorwaardelik is vir die verwerkliking van die ideaal van 'n menseregte-bedeling op die kontinent. Sedert die negentigerjare is daar egter tekens wat hoop bied op 'n verbetering in die menseregte-situasie in Afrika. Dit geld veral vir die demokratisering van etlike state en die werksaamhede van die OAE se Menseregte-kommissie. Weens verskeie redes sal die organisasie se taak ten opsigte van menseregte vorentoe egter nie maklik wees nie. Die hoop beskaam egter nie dat die OAE, hoe gering ook al, 'n bydrae kan !ewer om die bestaansomgewing van talle Afrikane te verbeter - mits 'n groter realisme daaroor in die afsonderlike ledestate posvat. / In the post-colonial era the human rights situation of many Africans was one of conflict, repression, social injustice and bloodshed. For years the OAU failed to improve the lot of people in its member states. It was only during the late seventies that the OAU - mainly as a result of international pressure - began to pay attention to the principles of human rights. The culmination of this was the Banjul Charter of human rights in 1981. This brought about no real progress or improvement in the human rights situation in Africa, however. Against this background an attempt has been made to analyse the history of human rights in Africa and the role of the OAU in this regard. At the same time the essential elements of a human rights dispensation on this continent - as it has in fact been envisaged by the OAU - have been investigated. The most important findings include the following: * a clash between pan-national and national interests in the OAU was a fundamental reason why this organisation failed to improve the lot of Africans; * the political dispensations and "legal culture" of the African states have thus far prevented the meaningful application of the Banjul charter; * if the OAU wishes to see its human rights standards applied, the African leaders will first have to make serious attempts to do this separately and individually; * commonly accepted political dispensations and legitimate governments will have to be established in the OAU member states before the ideal of a human rights dispensation can become a reality in Africa. Since the nineties there have, however, been signs offering hope for an improvement in the human rights situation in Africa. This applies in particular to the democratisation of numerous states and the activities of the OAU's Human Rights Commission. For various reasons the future task of this organisation in regard to human rights will not be easy. There is hope, however, that the OAU will be able to make some contribution, however slight, to improving the environment of many Africans - provided a greater realism about this matter sets in the respective member states. / Political Sciences / D. Litt. et Phil. (Internasionale Politiek)

Any research that attempts to tackle the issue of human rights in Africa is likely to raise emotions because of the history of perpetual human rights violations in the region. Nevertheless, the establishment of the African Union (AU) brings hope that Africa has turned the corner. The provisions of the preamble, objectives and principles of the Constitutive Act of the African Union are crystal clear. Article 3 (h) of the Act makes a critical provision in terms of human and people's rights. (See appendix 1). Paradoxically, this article recognizes the African Charter on Human and Peoples' Rights, which led to innumerable inconsistencies in enforcing human rights under the Organization of African Unity (OAU) (See appendix 2). By implication, the recognition of the 'Charter' justifies its existence in the new African human rights set up. The 'Charter' historically introduced the concept of peoples' in the definition and application of human rights in the African region. This further complicated the concept of human rights, and made it difficult to enforce them. As a result, the dichotomy between human rights and peoples' rights practice in the African region became difficult to reconcile. Hence, the concepts became vulnerable to abuse by governments, who justified their violation of individual human rights for the benefit of peoples' rights. The above assertions hold true for the ailing African region that has evolved from a defunct OAU regime into the radical African Union human rights corpus. The dissolution of the OAU on 9 July 2002 during the last 38th ordinary session of the OAU Assembly in Durban, and the subsequent launching of the AU on the same occasion pioneered a new era for human and peoples' rights approach in the African region. The shift from the toothless-human-rights-system to a clear-visionary-human-rights-regime is an articulation of the desire and commitment to transform the African region. This study therefore reviews the pattern or system that the AU has employed in transforming human and peoples' rights in the African continent. Chapter two attempts to assess the prospects of the African Union to bring reforms in areas of human and peoples' rights, the rule of law, good governance and so on. A comparative analysis of the African Charter on Human and Peoples' Rights and the Constitutive Act of the African Union is drawn from the key clauses, objectives and intentions of the two human rights regimes. Chapter three presents an analytical comparison between the African Union and the European Union. The chapter documents the historical developments of the European Union to illustrate how far the African Union has to go to ensure long lasting peace and stability in the region. The discussion in this chapter acknowledges the differences in these two regions, but uses the European Union to draw some lessons. In so doing the study reviews the historical developments of the union of states that has advanced itself in critical areas of democracy, human rights, good governance and so on. Hence, the chapter recognizes the remarkable accomplishments of the African Union in the last five years. The parity of judges in the AU Commission, the commitment of 53 African nations to adopt and ratify the Constitutive Act of the African Union in record time, the establishment of the New Partnership for Africa's Development, the introduction of the African Peer Review Mechanism and the peace-keeping missions in Liberia, Democratic Republic of Congo and so on are among the achievements of the Union in the last few years of its existence. In an attempt to justify the radical shift of the African Union from the OAU past, chapter four discusses the establishment of the African Court on Human and Peoples' Rights. Even though the idea of establishing a Court of justice emanated from the OAU decades after its existence, the chapter acknowledges the radical stance of the African Union to put in place a 'Court' from the beginning. The chapter further looks at the structure of the 'Court' in terms of its composition and election of judges, court procedure, court judgments and their execution and its relationship with the African Commission. In making recommendations and drawing conclusions, chapter five makes a strong point that the pre-requisite for stability and prosperity in the African region is through transforming and consolidating national institutions into democracy. The chapter also acknowledges the continued existence of the African Charter on Human and Peoples' Rights, but raises a concern that its existence is subject to abuse by non-democratic governments. The chapter concludes the study by drawing an inference that indeed the African Union represents a radical shift from the OAU in terms of promoting and protecting human and peoples' rights. However, the study acknowledges that the African Union will take some time to fully bear the benefits, but its efforts so far are worth the accolades. / Thesis (LLM)-University of Durban Westville, 2003.

Text in Afrikaans / In die post-koloniale tydsgewrig was die menseregte-situasie en bestaansomgewing van talle Afrikane die van konflik, korrupsie, onderdrukking, sosiale ongeregtigheid en menseslagting. As kontinentale eenheidsorganisasie het die OAE jare lank in gebreke gebly om die lot van mense in sy ledestate te verbeter. Eers teen die laat-sewentigerjare het die organisasie - hoofsaaklik as gevolg van internasionale druk - begin om werklik aan menseregte aandag te skenk. Die kulminasie hiervan was die Banjoel-handves vir menseregte in 1981. Dit is egter bekend dat die gebeure geen wesenlike verbetering en vordering in die menseregte-gesteldheid in Afrika teweeg gebring het nie. Teen hierdie agtergrond is gepoog om die geskiedenis van menseregte in Afrika en die OAE se rol hieromtrent te ontleed. Samehangend is ondersoek gedoen na die noodsaaklike elemente vir 'n menseregtebedeling op die kontinent - soos dit in der waarheid in die Banjoel-handves ten doel gestel is. Die belangrikste bevindings is onder meer dat * 'n botsing tussen pan-nasionale en nasionale belange in die OAE deurgaans ten diepste veroorsaak het dat die organisasie in gebreke was om die lot van talle Afrikane te verbeter; * die politieke bedelings en "regskultuur" van die afsonderlike Afrika-state tot dusver verhoed het dat die menseregte van die Banjoel-handves sinvol toegepas word; * indien die OAE sy menseregte-standaarde toegepas wil sien, die Afrika-leiers in afsonderlike verband eers daarmee erns moet maak; * gemeenskaplik aanvaarde politieke bedelings en legitieme regerings in Afrika voorwaardelik is vir die verwerkliking van die ideaal van 'n menseregte-bedeling op die kontinent. Sedert die negentigerjare is daar egter tekens wat hoop bied op 'n verbetering in die menseregte-situasie in Afrika. Dit geld veral vir die demokratisering van etlike state en die werksaamhede van die OAE se Menseregte-kommissie. Weens verskeie redes sal die organisasie se taak ten opsigte van menseregte vorentoe egter nie maklik wees nie. Die hoop beskaam egter nie dat die OAE, hoe gering ook al, 'n bydrae kan !ewer om die bestaansomgewing van talle Afrikane te verbeter - mits 'n groter realisme daaroor in die afsonderlike ledestate posvat. / In the post-colonial era the human rights situation of many Africans was one of conflict, repression, social injustice and bloodshed. For years the OAU failed to improve the lot of people in its member states. It was only during the late seventies that the OAU - mainly as a result of international pressure - began to pay attention to the principles of human rights. The culmination of this was the Banjul Charter of human rights in 1981. This brought about no real progress or improvement in the human rights situation in Africa, however. Against this background an attempt has been made to analyse the history of human rights in Africa and the role of the OAU in this regard. At the same time the essential elements of a human rights dispensation on this continent - as it has in fact been envisaged by the OAU - have been investigated. The most important findings include the following: * a clash between pan-national and national interests in the OAU was a fundamental reason why this organisation failed to improve the lot of Africans; * the political dispensations and "legal culture" of the African states have thus far prevented the meaningful application of the Banjul charter; * if the OAU wishes to see its human rights standards applied, the African leaders will first have to make serious attempts to do this separately and individually; * commonly accepted political dispensations and legitimate governments will have to be established in the OAU member states before the ideal of a human rights dispensation can become a reality in Africa. Since the nineties there have, however, been signs offering hope for an improvement in the human rights situation in Africa. This applies in particular to the democratisation of numerous states and the activities of the OAU's Human Rights Commission. For various reasons the future task of this organisation in regard to human rights will not be easy. There is hope, however, that the OAU will be able to make some contribution, however slight, to improving the environment of many Africans - provided a greater realism about this matter sets in the respective member states. / Political Sciences / D. Litt. et Phil. (Internasionale Politiek)

"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

Public International Law / LL.M. (Public International Law)

The present dissertation is a multi-disciplinary project that examines the relationship between human rights and development in Africa, with specific focus on Ghana. The proposition, which is expressed in a theory of community emancipation, is that human rights hold the key to the attainment of sustainable holistic development. The theory of community emancipation represents the Akan notion of rights which speak to the lived experiences (traditional, colonial and post-colonial) of Akan peoples. It is offered as a contribution to the evolution of distinct African notions of rights. The Akan perspective on rights aims at making human rights a more accessible concept that people can relate to and to use as an effective tool to attain development. The theory is used in a general context to analyse Western development foreign policies implemented in post-colonial Africa with the active collaboration of African leaders. It concludes that these policies "failed" due to the lack of attention to human rights. Consequent to this is the creation of a culture of rights abuse in Africa and the unfounded claim propagated by African leaders that human rights does not matter for Africans, and is not part of the African culture. The work also examines Western development policies in the post-Cold War era and concludes that in general the development NGO concept is not conducive to the promotion of sustainable holistic development in Africa. The solution, among others, lies in local human rights NGOs collaborating in a new relationship with their foreign counterparts; and both given a more prominent role to play in the political, as well as the economic liberalisation processes. / The significant contribution of the work, inter alia, is linking the discourses in African philosophy and African notions of rights, which had hitherto gone their separate ways, through the theory of community emancipation. This results in the construction of new paradigm for examining rights in Africa from a developmental context. It is expected that this contribution could help enrich the international human rights discourse, contribute to plugging the loopholes and make the implementation of human rights more relevant and effective in Africa.

The formation of the African Union (AU) holds great promise for Africa with regard to development. It also brings a new dimension to human rights in Africa, with the creation of the African Court. However, the OAUs legacy of human rights supervision and the development of democracy lacks in many areas. Europe, however, has manifested itself into an entity capable of trans-border cooperation and has been able to sustain this over a long period of time. What the OAU has accomplished in this regard is not compatible with the current status of international law theory and practise. There is a need then for change in these areas, and what better opportunity is there, than for a new dispensation in regional governance to apply to relevant policies and programmes to effect this change? This dissertation will endeavour to present a study of how the European legacy in Africa worked to the latter's detriment over the past five or six decades since decolonisation. Yet, there are lessons that may be learnt from Europe's unification that can be successfully implemented in Africa. Further, by analysing the weaknesses of Africa's current system of human rights supervision, and rectifying or reforming them, much may be accomplished in the advancement of the system. Therefore reformation of the system will be discussed at length. However, the success of the system will be evidenced by the commitment of its component members. Thus far the status quo in Africa reflects unwillingness on the part of the state to surrender its sovereignty. This was one of the reasons for the impotence of the OAU. Will the AU be able to overcome this condition? The onus remains on the state to shore up their commitments to the treaties which they have ratified, and to deliver on the promises they have made, because there are solutions, and whether or not they are implemented ultimately depends on the AU. / Thesis (LL.M.)-University of Natal, 2003.

Thesis (MPhil)--Stellenbosch University, 2002. / ENGLISH ABSTRACT: The South African Presidency has played a significant part in championing the African Renaissance vision. Elements of the vision attracting most attention are its supposed recognition of the importance to continental revival of peace, stability and 'good governance' (including respect for the rule oflaw and fundamental human rights). The question is whether the vision is able to live up to the hope that it signals new respect by the governors for the human rights of the governed. The fear has been expressed that the continent's Renaissance is being crippled in its infancy by an excessively cautious South African interpretation of the vision, particularly in regard to human rights issues. Ex-President Nelson Mandela has urged that, while governments should be mindful of the high ideals of human rights, they should be conscious also of a democratic realism that surrounds the issue. Neglect of human rights is the certain recipe for internal and international disaster. Mandela has called for a "more comprehensive international policy of 'democratic realism' to replace the traditional concept of 'realism'''. The policy suggests the protection of diversity both within and between states. Consequently, consideration is given to options for the promotion, deepening and defence of 'democracy' as a reliable bulwark against the abuse of human rights. Foremost among the options considered is armed humanitarian intervention, including its possible purposes and effects and, particularly, the reliability and durability of its outcomes. John Stuart Mill's arguments are examined concerning the vital necessity of domestic readiness to best utilise any assistance arising from external intervention. If Mill's thesis is correct, then President Thabo Mbeki' s approach may be the most appropriate in the circumstances. Devising agreed policies on intervention in African countries where human rights abuses are intensifying continues to face significant political resistance based on the prioritisation of the principle of non-interference in the internal affairs of a sovereign state. Mbeki clearly understands African leaders' caution regarding human rights promotion and protection. National sovereignty is difficult to surrender in a world of weak allies and strong competitors, which ensure continued state resistance to foreign guidance on democracy and human rights. South African foreign policy suggests a sober reckoning of the complexity and duration of the task of turning around the continental ship. South African foreign policy, initially idealistically seen as occupying the 'moral high ground' following the 'democratic miracle' of 1994, is now more firmly rooted in a 'realist' understanding of the primary need for committed and dependable allies, and sensitive to allegations of hegemonic aspirations. Mbeki, consequently, follows a non-confrontational consensus-building process, ensuring that as many African leaders as possible 'buy in' to the vision and its programme of implementation. He focuses instead on 'educating' and 'encouraging' domestic populations to object to current experiences of forms of rights deprivation. While time-consuming, it may at least produce a solidly grounded policy approach to the amelioration of the continent's ills.

This work offers an analysis of the legal regime for refugee protection in Africa, broadly construed as including both refugee law and human rights elements. The regime is addressed in two parts. Part One analyses the treaty regime, principally comprised of the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the African Charter on Human and Peoples' Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the 1969 Convention's drafting, and original analysis of the relationships of interpretation and the relationships of conflict that arise between the various treaties comprising the regional refugee protection framework. Significant attention in this regard is devoted to various aspects of the relationship between the international and the regional refugee treaties, and to the relationships between African refugee law on the one hand and African human rights law on the other. Part Two focuses on the institutional architecture supportive of the treaty framework addressed in Part One. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples' Rights and the various African human rights courts are canvassed. This account of the treaty framework, and the institutional architecture, for refugee protection on the continent is the first broad analytical account of the regional law of refugee protection in Africa.

Public International Law / LL.M. (Public International Law)