The resort to coalition governments following the disputed presidential elections in Kenya and Zimbabwe pioneers a new trend in unlocking political gridlock in Africa. This dissertation analyses this trend with a view to establishing its viability in guaranteeing sustainable peace and democracy. It is argued that the resort establishes a precedent in which incumbent presidents, upon losing elections, may refuse to vacate office in the hope that a power sharing agreement will be negotiated with opposition leaders. Concludes that while the resort to coalition government in the aftermath of a disputed election and electoral violence may rescue a country from disintegration, it is not a guarantee to sustainable peace and democracy / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / 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. Nico Steytler, Faculty of Law, University of Western Cape, South Africa / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

This study investigates the following questions: (1) What is the rationale behind the participation of National Human Rights Institutions (NHRIs) in regional and international human rights mechanisms? (2) What is the role of NHRIs in relation to regional and international human rights mechanisms? (3) What is the role and what could be the role of NHRIs in the work of the African Commission? (4) What are the areas that the NHRIs can work with the African Commission to strengthen the protection of human rights within their jurisdictions and in Africa? (5) What rules should govern the relationship between the African Commission and NHRIs? The study will further contribute to the broader understanding of the role of NHRIs at the regional level, with particular reference to Africa, and how that can benefit the African Commission and Africa in general / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / 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 J. Oloka-Onyango from the Human Rights and Peace Centre (HURIPEC), Faculty of Law, Makerere University, Uganda / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

History has proven that, if freed from the grasp of the unitary executive, the elected Attorney General flourishes as a lawyer for the law dedicated above all else to the "public interest." In light of these proven benefits, the pressing question becomes whether this tested design can help the people of Africa as they fight to reclaim their wayward governments. Might a popularly elected Attorney General steady the bridge so Africa can pass through to freedom and prosperity? More immediately, does the divided executive with its elected attorney general represent a new hope for Africa in combating corruption? The author takes a critical look at the evolution of the elected Attorney General and uses the role of the Attorney General in the United States of America as an example. The author concludes that perhaps now is the time to start creating the history of Africa’s ultimate escape from the endless vestiges of colonialism still embedded in the unitary executive. Maybe now is the time for the peoples of Africa to borrow an idea from their American cousins and get their own lawyer! / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / 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 Mr. Tilahun Teshome in association with the Addis Ababa University / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

This study addresses the following questions: (1) What is the human rights situation in prisons in Africa? What challenges do African prisons face in general? (2) Is there a legal framework in place for the protection of prisoners’ rights in Africa and how does it relate to other human rights instruments? What is the mandate of the Commission in relation to the prisoners’ rights? (3) What has the Commission done and achieved under its promotional and protection mandates in respect of prisoners’ rights? Have the various mechanisms been fully utilised in relation to prisoners’ rights? How has the Commission been able to optimise its relationship with the states, civil society and national human rights institutions to fully protect these rights? (4) If the conclusion is reached that the Commission has not effectively addressed issues of prisoners’ rights, how would it do so more effectively? / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / 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 Lukas Muntingh and Jamil Mujuzi of the Community Law Centre, Faculty of law, University of the Western Cape, South Africa / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

The African Union's Panel of the Wise was inaugurated on 18 December 2007. The prospects of the Panel as a conflict prevention and peace and security promotion tool in the AU Peace and Security architecture may remain dim unless its concept is understood and the Panel is effectively operationalised. To this end therefore, the objectives of this study are as follows: (1) To examine the need for the Panel in the AU Peace and Security Architecture. (2) To examine the institutional design of the Panel. (3) To explore the prospective roles for the Panel in the AU Peace and Security Architecture. (4) To identify how the Panel can promote the internalisation of peace and security in Africa. The study will propose key strategies to improve the relevance of the Panel as a tool of the PSC in facilitating peaceful interventions and promotion of peace and security in Africa. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / 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 Dr Christopher Mbazira, Faculty of Law, Makarere University, Uganda / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

"The exclusive focus on the state-centric paradigm of IHRL fails to address the increasing number of an array of private (non-state) actors who may come into play in terms of violations of human rights. Therefore while this study proceeds from the premise that the state is the primary focus of IHRL, it will be argued that the state cannot certainly be deemed the sole bearer of responsibility for human rights violations in view of the increase in the number of potential violators. Consequently, the study aims to address three issues. Firstly, it seeks to investigate the increase in the number of violators of human rights to include non-state actors (particularly transnational (multinational) corporations TNCs) and the effect of this increase on the violations of ESCRs. While the discussion will focus on the accountability of private actors vis-à-vis the protection of ESCRs, the area of civil and political rights is considered no less important. The discussion takes cognisance of the indivisibility and inter-dependence of all human rights in the sense that no precise contours separating all human rights can be said to exist. Secondly, the study seeks to review the dominant approach to human rights including human rights treaties and other relevant instruments to assess their potential in asserting the human rights obligations (including, ESCRs obligations)) of non-state actors. Thirdly and with specific reference to the TNC as a non-state actor in the African context, the study seeks to investigate the challenges to the problem of implementing the accountability of TNCs through the IHRL framework and suggest ways of addressing these challenges. Central focus will be placed on the accountability of TNCs for human rights violations, particularly ESCRs. The choice of TNCs in this study is justified on account of the immense economic power wielded by these entities vis a vis the changing notion of state sovereignty as will be emphasized in chapter 2. At a more specific level, the case study on the problem of accountability of TNCs is narrowed down to an African context particularly for two reasons. Firstly, the problem of control of TNCs is highlighted more in the case of the weaker state in the African context. Secondly, the African Commission on Human and Peoples’ Rights’ recent decision in the SERAC case that forms the basis of the case study in chapter 4 brings into light within a human rights treaty monitoring framework, the challenges of TNC- accountability within the context of Africa." -- Chapter 1. / Prepared under the supervision of Professor Tobias van Reenen at the Faculty of Law, University of the Western Cape, Cape Town, South Africa / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2002. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"A well functioning judiciary is a central element of civil society. It is the sole adjudicator over the political, social and economic spheres. Judiciaries in many African countries suffer from backlogs, delays and corruption. In countries such as Nigeria, South Africa, Ghana, Tanzania, and Uganda, speedy resolution of disputes is becoming increasingly elusive. Although many African countries have constitutional provisions against delay, and have identified congestion, excessive adjournments, local legal culture and corruption as some of the major causes of delay, nevertheless, the problem continues to be a feature in African Courts. In Nigeria, the average period to commence and complete litigation is six to ten years. In some instances, the litigation period is even longer. For example, in the case of Ariori v. Muraimo Elemo proceedings commenced in October 1960 and took 23 years to reach the Supreme Court of Nigeria. In South Africa, despite many programs and projects in place to solve the problem, delay in the administration of justice is still a problem. Appraising the extent of the problem, Penuell Maduna addressing the National Judges Symposium stated: “The public is perturbed by substantial backlogs in the criminal courts and in finalising prosecutions...” Mindful of the increase of this problem, especially in view of the consequences it poses, this study perceives a need to eradicate delay in the administration of justice. Thus, this study analyses the problem of delay in Nigerian and South African Courts with a view to ascertaining the nature, extent and causes of delay in the two countries, and suggests possible solutions to the problem. South Africa and Nigeria were chosen because they have similar judicial systems and experience delays in judicial proceedings." -- Chapter 1. / Prepared under the supervision of Mr. Abraham J. Hamman, Faculty of Law, University of Western Cape, South Africa / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The principal aim of this study is to examine law enforcement and human rights in a post war African society: Sierra Leone. The major question addressed in the course of this research is: should respect for human rights be relevant to law enforcement and should law enforcement officials in post conflict societies (such as Sierra Leone) be bound by national and international standards in domestic law enforcement in their countries? Also explores the use of dissuasive measures such as prosecution to minimise the culture of impunity by law enforcement officials especially during conflict and post conflict periods / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / 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 Professor Tsegaye Regassa, Faculty of Law, Addis Ababa University – Addis Ababa, Ethiopia / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Discusses the human rights obligations of International Financial Institutions and suggests different human rights accountability mechanisms through the Right to Development paradigm / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / 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. Jaap de Visser, Faculty of Law, University of Western Cape, South Africa / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

The author discusses the nature and reality of the marginalisation and disempowerment of ordinary citizens. He also highlights how democratic constitution making in Africa has so far left marginalisation and disempowerment unchallenged / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / 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 Orquidea Palmira Orquidea, Faculty of Law, Universidade Eduardo Mondlane, Mozambique / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM