The African Court on Human and Peoples’ Rights (AfCHPR) was created amidst great criticism to the ineffectiveness of the African Commission on Human and Peoples’ Rights (AfCmHPR) in protecting human rights on the content. After much debate, spanning four decades the Protocol on the Establishment of an African Court on Human and Peoples’ Rights (the Protocol) was adopted by the Organisation of African Unity Assembly and entered into force on the 25th of January 2004. Later the 4th AU summit in January 2006 elected the eleven judges of the Court. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

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Thesis (Ph. D.)--University of California, San Diego, 2008. / Title from first page of PDF file (viewed July 9, 2008). Available via ProQuest Digital Dissertations. Vita. Includes bibliographical references (p. 248-272).

I believe that the most important components of transitional justice must be the rights of victims, which include the right to the truth, the right to acknowledgment, the right to reparations and the obligation to take steps to ensure that violation will not occur again. In many societies, transition from war to peace or from dictatorship to democracy has been dominated by a debate on how best past massive human rights violations can be addressed without undermining a fragile and transitional peace. Therefore, political considerations have entirely shaped legal solutions adopted to bring about transitions with less regard to accountability and appropriate remedy for victims of human rights abuses and violations. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

No description available.

This thesis undertakes an in-depth examination of the power of human rights advocacy in combating women's vulnerability to HIV/AIDS. Focusing on sub-Saharan Africa, the thesis explores the gender discrimination that lies at the core of women's susceptibility to the virus. Culturally-imposed social roles are depicted as the fundamental cause of the violation of women's human rights, including their right to health. The objective of the thesis is to analyze the potential of using a human rights approach to address this issue. It adopts the assumption that "the mobilization of shame" triggered by civil society's actors can alter states' human rights practices. Looking at a specific type of actors, namely the transnational advocacy networks, the thesis concludes that "the human rights approach to HIV/AIDS" can be an efficient and effective strategy to pressurize governments to implement their international human rights obligations.

The purpose of this study is to analyse the effectiveness of the Uganda Human Rights Commission UHRC), which possesses judicial powers vis-à-vis the Commission on Human Rights and Administrative Justice of Ghana (CHRAJ) and the South African Human Rights Commission (SAHRC) which do not possess such powers. The difference notwithstanding, all the three have been rated as the best national institutions in Africa. Due to time and space constraints, one will focus specifically with the mandates of the three commissions and in particular, on the different or distinct mandates assigned to them, namely, that of CHRAJ to deal with corruption, that of SAHRC to deal with economic, cultural and social rights and UHRC of dealing with torture matters and generally of constituting a tribunal. This study was motivated by the fact that Lesotho will be setting up a national institution in 2008 and one would like to draw lessons from these institutions and pick up elements that could best suit Lesotho. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007. / 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 Kofi Quashigah of the Faculty of Law, University of Ghana, Legon / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Thesis (MA)--Stellenbosch University, 2004. / ENGLISH ABSTRACT: The downward spiral of Zimbabwe under President Robert Gabriel Mugabe and the slide into lawlessness has excited international opinion. Perhaps even more controversial, has been South African President Thabo Mbeki's obvious reticence to condemn Mugabe's increasing authoritarianism and breach of human rights and democratic standards. South Africa's foreign policy of 'quiet diplomacy' towards Zimbabwean President Robert Mugabe has received strong criticism. Whilst both domestic and international audiences expected South Africa to take a stronger stance towards Mugabe because of his increasing violation of human rights and democratic standards, President Mbeki has been notably reticent to publicly criticise Mugabe. Consequently, the South African government has been criticised for condoning Mugabe's behaviour, which in turn has raised questions as to South Africa's commitment to the advocacy of human rights and its attempts to establish a leadership position in Africa. Although both internal and external pressures have given rise to South Africa's strong commitment to the international norm of human rights in 1994, this commitment seemed to weaken as the years passed. The commitment to human rights, that was especially prominent during the Nelson Mandela presidency, has given rise to foreign policy tensions and contradictions within the South African government. South Africa's turn to multilateral mechanisms as the main vehicle for South Africa's principled commitment to human rights has been accompanied by a decline in the priority placed on this principle. This loss of ardour in the commitment to the human rights advocacy, moreover, has seemed to increase during the Mbeki presidency. President Mbeki's desire to playa leadership role in Africa and his vision for African renewal and rebirth have been accompanied by a stronger emphasis on African solidarity as a foreign policy principle. South Africa's commitment to the norm of human rights, however, has thwarted South Africa's attempts to strengthen African solidarity since it required a rejection of the norms of 'state sovereignty' and 'not to speak out against each other'. Since high priority is attached to these norms in Africa, contradictions arose between the norms of human rights advocacy and African solidarity. This study argues that South Africa's policy of 'quiet diplomacy' towards Zimbabwe can only be understood by focusing on the role of norms and identity on South Africa's policy. It aims to illustrate how South Africa's aspiration for continental leadership has constrained its commitment to human rights advocacy, as accentuated by the Zimbabwean crisis. This study explores the role of norms and identity in South Africa's foreign policy decisions towards Zimbabwe by drawing on constructivism as a theoretical framework. The international relations theory of constructivism provides a framework for analysing the potential influence of norms in international relations. Constructivism illustrates that South Africa's freedom of action has been determined by the interplay between policy actors and social forces with very different ideological convictions about the country in the world, the pressures incumbent upon it and the extent to which it can influence world affairs. / AFRIKAANSE OPSOMMING: Zimbabwe se toenemende ekonomiese en politieke agteruitgang onder die presidentskap van Robert Gabriel Mugabe, asook die geleidelike oorgang na wetteloosheid, het internasionale veroordeling voortgebring. President Thabo Mbeki van Suid-Afrika se ooglopende teensinnigheid om Mugabe se toenemende outoriteit en skending van menseregte en demokratiese standaarde te veroordeel, was selfs meer omstrede. Suid-Afrika se buitelandse beleid van 'stille diplomasie' teenoor President Mugabe van Zimbabwe het dus sterk kritiek uitgelok. Terwyl beide binnelandse en internasionale sfere van Suid-Afrika verwag het om 'n sterker standpunt teenoor Mugabe in te neem in die lig van Mugabe se toenemende skending van menseregte en demokratiese standaarde, was President Mbeki merkbaar teensinnig om Mugabe openlik te kritiseer. Die Suid-Afrikaanse regering is gevolglik daarvan beskuldig dat dit Mugabe se gedrag verskoon, wat weer aanleiding gegee het tot die bevraagtekening van Suid-Afrika se verbintenis tot die bevordering van menseregte en pogings om 'n leierskapsposisie in Afrika te vestig. Alhoewel beide interne en eksterne druk tot Suid-Afrika se sterk verbintenis tot die internasionale norm van menseregte in 1994 bygedra het, het hierdie verbintenis mettertyd geleidelik vervaag. Hierdie verbintenis tot menseregte was veral prominent gedurende die Mandela presidentskap en het spoedig aanleiding tot spanning en teenstrydighede in Suid-Afrika se buitelandse beleid gegee. Suid-Afrika se wending tot multilaterale meganismes as voertuig vir die bevordering van menseregte, het dus gepaard gegaan met 'n afname in die prioriteit wat aan hierdie beginsel geheg word. Hierdie afname in Suid-Afrika se dryfkrag in hul verbintenis tot die bevordering van menseregte, het gedurende die Mbeki presidentskap vergroot. President Mbeki se begeerte om 'n leiersposisie in Afrika in te neem, asook sy visie vir Afrika hernuwing en herlewing, het dus gepaard gegaan met 'n sterker klem op die belang van Afrika solidariteit as 'n buitelandse beleidsbeginsel. Suid-Afrika se verbintenis tot menseregte het egter Suid-Afrika se pogings om Afrika solidariteit te bevorder, verhinder, aangesien 'n verbintenis tot menseregte die verwerping van die norme van 'staatsoewereiniteit' en 'nie teenoor mekaar uit te praat nie' vereis het. Aangesien hierdie twee laasgenoemde norme steeds voorrang geniet in die Afrika konteks, het daar teenstrydighede tussen die norme van menseregte en Afrika solidariteit ontstaan. Hierdie studie argumenteer dat Suid-Afrika se beleid van 'stille diplomasie' teenoor Zimbabwe slegs begryp kan word deur op die rol van norme en identiteit op Suid-Afrika se beleid te fokus. Daar word gepoog om te illustreer hoe Suid-Afrika se aspirasie om 'n leiersposisie in Afrika in te neem, beperk is deur die verbintenis tot die bevordering van menseregte, soos beklemtoon deur die krisis in Zimbabwe. Hierdie studie ondersoek dus die rol van norme en identiteit op Suid-Afrika se buitelandse beleidsbesluite teenoor Zimbabwe met behulp van konstruktivisme as 'n teoretiese raamwerk. Die internasionale betrekkinge teorie van konstruktivisme bied 'n raamwerk vir die analise van die potensiële invloed van norme in internasionale betrekkinge. Konstruktivisme illustreer dat Suid-Afrika se vryheid van aksie bepaal word deur die wisselwerking tussen beleidsakteurs en sosiale kragte met verskillende ideologiese oortuigings oor die staat in die wêreld, die druk wat daarop inwerk en die mate waartoe dit wêreld gebeure kan beïnvloed.

This thesis critically compares how domestic human rights NGOs (DNGOs) in the United States, Britain and Germany use (or mobilise) law to enforce human rights standards and proposes a method to measure their effectiveness in doing so. To do this it draws upon both case studies and literature from many disciplines. On the basis of the data and the literature it finds that, despite their great diversity, DNGOs in each jurisdiction show general similarities in their ???styles??? of operation and use of the law. It also finds that their effectiveness in enforcing human rights can be ascertained with reasonable accuracy and that a DNGO???s size and access to resources does not necessarily correlate with its effectiveness. The context in which the above questions were investigated was one in which there existed very little literature that examined the work of DNGOs (as opposed to international NGOs) as well as few theoretical approaches that would allow their activities to be critically examined and compared. It was also a context in which there was a great deal of discussion in the literature about the crucial importance of DNGOs in human rights enforcement and a growing suspicion that Globalisation might be making their role even more important than it was in the past. To address these issues the author used case studies to supply the necessary detail and a method using ???ideal types??? to assess the data. He also proposed a method to measure DNGO effectiveness so that the case studies could be more thoroughly compared and their true success in human rights enforcement revealed. Despite the incredible diversity among DNGOs the author was able to draw a few useful conclusions about how successful DNGOs operate. In response to these conclusions the author proposed that one possible route by which DNGOs could improve their effectiveness was to transplant their characteristics between jurisdictions. The author also found some evidence that Globalisation was having an effect on DNGOs and proposed some ways in which individual case studies could take advantage of this.

This thesis critically compares how domestic human rights NGOs (DNGOs) in the United States, Britain and Germany use (or mobilise) law to enforce human rights standards and proposes a method to measure their effectiveness in doing so. To do this it draws upon both case studies and literature from many disciplines. On the basis of the data and the literature it finds that, despite their great diversity, DNGOs in each jurisdiction show general similarities in their ???styles??? of operation and use of the law. It also finds that their effectiveness in enforcing human rights can be ascertained with reasonable accuracy and that a DNGO???s size and access to resources does not necessarily correlate with its effectiveness. The context in which the above questions were investigated was one in which there existed very little literature that examined the work of DNGOs (as opposed to international NGOs) as well as few theoretical approaches that would allow their activities to be critically examined and compared. It was also a context in which there was a great deal of discussion in the literature about the crucial importance of DNGOs in human rights enforcement and a growing suspicion that Globalisation might be making their role even more important than it was in the past. To address these issues the author used case studies to supply the necessary detail and a method using ???ideal types??? to assess the data. He also proposed a method to measure DNGO effectiveness so that the case studies could be more thoroughly compared and their true success in human rights enforcement revealed. Despite the incredible diversity among DNGOs the author was able to draw a few useful conclusions about how successful DNGOs operate. In response to these conclusions the author proposed that one possible route by which DNGOs could improve their effectiveness was to transplant their characteristics between jurisdictions. The author also found some evidence that Globalisation was having an effect on DNGOs and proposed some ways in which individual case studies could take advantage of this.