This thesis traces British colonial governance and the workings of the late colonial state from 1938 until the end of empire in the early 1960s in Cyprus, Kenya and Nyasaland. It proposes that colonial governance operated in place and time back and forth across a spectrum, typified by polarities of (i) 'soft' management and regulation of colonial populations in the 1940s, and (ii) 'hard' control exemplified by the use of harsh physical coercion in the 1950s, although both 'soft' and 'hard' approaches - and hybrid variants somewhere in between - were always, in truth, sides of the same coin. British colonial governance is examined through the filter of three approximate, although not rigidly linear, 'phases': (1) a 'soft' phase of development and welfare from 1938-45, during which the rhetoric of governance was distinguished by the language of benevolence, in the attempt to re-legitimise empire, (2) the post-war period from 1945-1950, when Britain played a leading role in establishing supranational institutions promoting universal human rights and also, and however reluctantly, extended a modified human rights regime to its colonies, and (3) the swing to 'hard' governance during emergency periods in Cyprus (1955-59), Kenya (1952-60) and Nyasaland (1959-60), during which Britain strove to resolve the dichotomy between competing domestic and international demands of (a) maintenance of empire, often through the use of coercive physical measures, and (b) promotion of universal human rights on the world stage. This was all played out, at least in part, as an albeit muted ideological confrontation between opposing post-war visions of global order - the very survival of the old imperial system pitched against the implicitly decolonising thrust of the universal human rights movement as enshrined in the Universal Declaration of Human Rights (1948) and the European Convention on Human Rights (1950). This thesis argues that by 1959 and in part as a consequence of the cumulative political impact of allegations of human rights and other abuses during emergency periods, Britain could no longer reconcile these competing visions of colonial governance and world order, nor sustain its empire and colonial rule by force.

Although human rights NGOs (HURINGOs) have contributed to the institutionalisation of a human rights culture, the human rights discourse mainly focuses externally on the obligations of states and, more recently, of business. Little attention is paid to how HURINGOs manage their power and privileges within their internal governance, despite NGOs' growing influence, resources, scope and diversity. This thesis offers a theoretical interpretation of the experiences, challenges, dilemmas and lessons learnt by HURINGOs in Kenya, Tanzania, Uganda and South Africa to contribute to the evolving discourse of human rights theory and practice. It adopts a multi-disciplinary approach that articulates the human rights obligations of HURINGOs and their implications for governance, arguing that the improved governance of NGOs is critical to the strengthening of the human rights movement. While upholding the dominant legal liberalism school which underlines that the state is the main human rights duty bearer and legal systems are critical to the enforcement of rights, it utilises the sociology of law discourse that conceptualises human rights as a normative principle to contain abuse of power. Drawing from the rights-based approach which is aimed at holding all actors accountable for the human rights implications of their actions, it evaluates how HURINGOs have applied the human rights principles and standards of: (i) express linkage to and mainstreaming of rights; (ii) accountability and transparency; (iii) participation and inclusion; and (iv) non¬discrimination, equity and empowerment in their governance and operations, as they demand of others. It is the mam contention of this study that HURINGOs have the obligation to empower themselves internally before they can champion the empowerment of others. This entails being knowledgeable in the area of work; forging linkages with broader civil society and academia, building on the positive cultural values that resonate with human rights to stimulate mass support and balancing the different accountabilities to the law, boards, membership, self-regulatory mechanisms, public and donors. Further HURINGO have the obligation to safeguard the autonomy of their mission; have transparent and participatory processes to enhance collective strength, legitimacy and ownership of consensus decisions; as well as promote and demand equal and equitable relationships based on mutual respect, shared responsibility and achievements while simultaneously enabling the weaker party to act on their own. Although a higher responsibility is placed on HURINGOs to respect human rights values, all NGOs irrespective of how they define themselves have to mainstream human rights in their work. This is because all NGOs exist in the public trust and work to promote human dignity and societal wellbeing. They must lead by example. Applying the human rights principles to NGOs enhances their moral legitimacy to measure up to the challenges of being a watchdog of the governance process and custodians of the better promotion and protection of human rights. Significantly, it advances the credibility of human rights to offer protection from any abuse of power. / Thesis (LLD)--University of Pretoria, 2010. / Centre for Human Rights / unrestricted

This thesis examines the interplay between the effects of climate change and human rights. It seeks to interrogate the contribution of human rights in addressing the effects of climate change on the enjoyment of the right to food in Kenya. Climate change has been recognised as a human rights issue. Despite this acknowledgement, many states are yet to deal with climate change as a growing threat to the realisation of human rights. The situation is made worse by the glacial pace in securing a binding legal agreement to tackle climate change. The thesis also reveals that despite their seemingly disparate and disconnected nature, both the human rights and climate change regimes seek to achieve the same goal albeit in different ways. The thesis argues that a considerable portion of the Kenyan population has not been able to enjoy the right to food as a result of droughts and floods. It adopts the view that, with the effects of climate change being evident, the frequency and magnitude of droughts and floods has increased with far reaching consequences on the right to food. Measures by the Kenyan government to address the food situation have always been knee jerk and inadequate in nature. This is despite the fact that Kenya is a signatory to a number of human rights instruments that deal with the right to food. With the promulgation of a new Constitution with a justiciable right to food, there is a need for the Kenyan government to meet its human rights obligations. This thesis concludes by suggesting ways in which the right to food can be applied in order to address some of the effects of climate change. It argues that by adopting a human rights approach to the right to food, the State will have to adopt measures that take into consideration the impacts of climate change. Furthermore, the State is under an obligation to engage in activities that will not contribute to climate change and negatively affect the right.