This study seeks to examine the naturalisation of refugees under international law with specific focus on the South African refugee system. The universalised nature of human rights and the difficulties of refugees finding new roots in host states form the basis of this study. This study takes a closer look at the South African refugee system and the path to naturalisation of refugees. It identifies policy and legal gaps in the process of naturalisation of refugees and argues that the practice as it stands today, fundamentally abuses the rights of refugees and questions South Africa’s good faith in meeting its international obligations under the 1951 Refugee Convention. It argues further that the biopolitical philosophy upon which South African citizenship is anchored is itself a hindrance to the realisation of efforts aimed at naturalising refugees and their descendants. The research methodology used in this study is non-empirical. This is so because the study is based on available data, information already available in print or on the internet. The study attempts to accomplish the above by undertaking an in-depth analysis of the history of refugees, the current position of naturalisation under international law, and identifies the inherent challenges. In the South African context, the study makes use of extensive statutory, constitutional and case law materials to justify that the current treatment of refugees in their quest for naturalisation is indefensible within the context of a human rights-based approach and the dictates of the Constitution. This study concludes by making recommendations that would help close the legal and policy gaps that obtain presently. These include amendments to the Refugees, Immigration and Citizenship Acts and strengthening policy implementation at the DHA. It is hoped that the recommendations will strengthen and evolve a human rights culture and bring refugee, immigration and citizenship laws in line with the Constitution. It will also pave the way for a more just and peaceful South Africa as she strives to meet her obligations under regional and international law.

Magister Legum - LLM / The protection of the rights of sexual minorities in Africa is a controversial issue. It is not unusual to find newspaper reports on gross violations suffered by this minority group. Gays and lesbians are victims of violence, sometimes resulting in death. Sexual minorities in Africa are often confronted with government actions such as those of the Nigerian government that recently submitted to the parliament a Bill to make provisions for the prohibition of relationships between persons of the same sex, celebration of marriage, registration of gay clubs and societies and publicity of same sex relationships. The objective of this study was to suggest possible legal protection and recognition of sexual minority rights under the African human rights system. / South Africa

"In Africa non-state actors (NSAs) are causing an alarming concern with the destruction of the environment and indigenous communities in the name of development; such environmental degradation leaves indigenous or economically marginalized groups in an unsatisfactory environment to their health, standard of living and basic necessitites of life and the land for future development. In most instances, the host country does not get good value from the vast amount of resource extraction. In other words, this kind of investment does not benefit the affected people; rather, it transfers a country's resources outside. In the end the poor pays for the lust of the rich. In some cases, African governments are simply not interested in the impact of the activities of NSAs on the people as they personally benefit from their presence due to corruption. As a result, it is correct to note that 'the local partners (African governments)' are selling indigenous communities on for their personal gain. In spite of the fact that some of these African countries have strong environmental laws in operation, they are often unwilling to force NSAs to comply with environmental rights and labour standards since they badly need the investment and capital that NSAs bring into their economies. Some of these NSAs pressurise national governments and even threaten them with lawsuits to open their doors for them. Others completely close down and relocate in order to blackmail the governments to follow through on the permits after exploration had started. Globalisation and an increase in international trade have joined with the growth of the human rights movement. These dual trends have cast an increasing attention on the role that NSAs play in environmental rights violation throughout the Sub-Saharan African region. The criitical issue in this period of globalisation, and which is also a challenge to it, is the liability and social responsibility of NSAs in times of violation of enviornmental rights, since today they figure prominently within the human rights field. Most of their activities are not in accordance with national or international environmental standards. While NSAs enjoy sovereign immunity within local jurisdictions, primary responsibility lies with states, which in most cases, are held liable for wrongful acts committed by NSAs, since they are regarded as the ultimate guardian of the welfare of their populations. As state authority declines, NSAs play a direct and indirect role in a wide range of environmental human rights violations, and this has now led to a point where there is a need to attach more concrete obligations to them. The thesis provides a framework with which th NSAs can be held directly and indirectly accountable for their role in fuelling the instability in the Sub-Saharan African region. The purpose of the thesis is to determine the approaches or guidelines that can be followed in order to ensure that NSAs behave appropriately in host states in realisation of the right to development by preserving the harmonious environment that local communities are entitled to. The creation of a viable and sustainable environment for everyone is of paramount importance in today's society." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"Peace and security in Africa is defined as the condition for elaborating the humanity of Africans and the promise of the place of Africa in economic reconstruction in the next centruy. Apart from being a recognised right in the African human rights system, it is also present amongst the objectives and principles of the AU political agenda enshrined within the Constitutive Act, with its attainment seen as the gateway to Africa's economic development. Furthermore, this undeniable synergy between the maintenance of peace and security and the attainment of development, also determines the realisation of other human and peoples' rights. Therefore, peace and security is of utmost importance in the current affairs of the continent and, a right being attached to peace and security, adds extra weight to its attainment as it places a duty on other entities for its realisation. Notwithstanding this importance, the concept of the right to peace and security is still quite elusive and underdeveloped, a reality which is incomprehensible taking into consideration the infamous characteristic of the African continent for its political unrest and civil wars. With 14 current internal conflicts, Africa hosts more than one third of the ongoing conflicts in the world. The countries not engaged in civil wars are faced with civil and political unrests, refugee influxes, terrorism threats and attacks, the HIV/AIDS epidemic and other contagious diseases, high crime rates, and natural disasters to name a few. It is against this background that a study into the conceptualisation of the right to peace and security is warranted and, as well , the available mechanisms for its protection within the AU." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"This dissertation first explores specific issues highlighting the weaknesses in the legal provisions on women's rights and HIV/AIDS problems and its resulting effect on the obligation of African states to take adequate measures to protect women, especially those living with HIV/AIDS. Secondly, it examines, for purpose of meeting the first objective, into what is provided for by the African regional human rights system through the Charter provisions, declarations and resolutions relating to HIV/AIDS and the Protocol on the Rights of Women. Thirdly, the disseration inquires into the extent to which Mozambique is meeting its obligations to address the problem of discrimination against women and to provide health care to women living with HIV/AIDS. Finally, in the light of the lacunae found within the African regional human rights system in addressing women's rights and HIV/AIDS, this disseration will make recommendations to fill the void and better protect the rights of women in Africa, especially those living with HIV/AIDS. ... The study will consist of five chapters. Chapter one provides the context in which the study is set. It highlights the basis and structure of the study. Chapter two outlines specific issues on the inability of the various legal provisions on women's rights and HIV/AIDS to effectively protect women from the scourge of HIV/AIDS, Chapter three discusses the African regional human rights system. Here specific refernce is made to some provisions of the African Charter relating to the right of women as well as some declarations and resolutions on the HIV/AIDS pandemic. Also references is made to the Protocol on the Rights of Women. Chapter four highlights and addresses the gaps relating to the protection of women from HIV/AIDS in the African regional human rights system and finally chapter five will consist of a summary of the disseration and the conclusions drawn from the entire study. It will also make some recommendations as to how HIV/AIDS should be dealth with both at the regional level (the role of the African Commission) and at the domestic level (the role of the state) in relation to the violation of women's rights." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Mr. Leopoldo de Amaral at the Faculty of Law, Eduardo Mondlane University, Mozambique / http://www.chr.up.ac.za/academic_pro/llm1/llm1.html / Centre for Human Rights / LLM

"In 2001 after the 2000 election in Zanzibar, the Civic United Front (CUF) began planning a series of peaceful demonstrations to protest alleged fraud in the October 2000 presidential elections, calling for a rerun of the elections and constitutional reforms. The CUF notified the police of their intended routes, both the government officials and police immediately responded and announced that the demonstrations were banned. Police were ordered to use all force necessary to break up the demonstrations. The Tanzanian prime minister was recorded as stating that force would be used to break up the demonstration. According to him, "government has prepared itself in every way to confront whatever occurs ... any provocation will be met with all due forces of the state". CUF demonstrations, which were widely supported, took place on 27 January 2001 and as the unarmed demonstrators walked peacefully toward the four designated meeting grounds, security forces intercepted and opened fire without warning. They attacked the civilians, [and]ordered them to disperse [under] firing and beating. ... All these events occurred in the face of the fact that the Constitution of the United Republic of Tanzania (CURT) provides for freedom of assembly. The requirement of permits has been removed and section 40 of the Police Force Ordinance and 11(1) of the Political Parties Act were declared void on grounds that the requirement for a permit to hold an assembly infringed the freedom of peaceful assembly and procession enshrined in article 20(2) of the CURT. However the government limits these rights in practice, police have authority to deny permission to hold an assembly on public safety and security grounds. The relevant provision is section 41 of the Police Force Ordinance which permits any police officer to stop the holding of any assembly. The situation has not improved for opposition parties seeking to hold assemblies because of the way the police apply section 41. Rather than invoking this provision only in extraordinary situations as required, the police, once served with a notice of a planned meeting, issued prohibition orders claiming that they had information that the meeting was likely to cause chaos, but without giving evidence. ... These restrictions on the right to freedom of assembly and the excessive use of force by police officials as depicted in the above recounted incident and others of its kind, violate numerous provisions of international legal istruments to which Tanzania is a party. The Universal Declaration of Human Rights (UDHR) guarantees for the right to freedom of peaceful assembly and association, as does the International Covenant on Civil and Political Rights (ICCPR). The African Charter limits the right to assemble subject to necessary restrictions provided by law, in particular those enacted in the interest of national security and the safety, health, ethics and the rights to freedoms of other. But the African Commission has interpreted these claw back clauses to mean that the limitations must be in accordance with international law and thus the standards developed under the ICCPR, especially, would be relevant in determining when the rights to assemble may be limited. The exercise here is to examine the nature of the Tanzanian laws on the right to peaceful assembly and demonstration in the light of police practice having regards to the nature of the right as guaranteed under international human rights instruments." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Prof. K. Quashigah at the Faculty of Law, University of Ghana / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"Although most African states seek to tackle the problem of corruption through institutoinal responses such as anti-corruption commissions, offices of ombudspersons and anti-corruption laws, it is important that citizens have a legally enforceable right of access to information (ATI) through ATI legislation. The constitutional guarantee of access to information in constitutions of African states cannot effectively be realized without ATI legislations. However, as the existence of these laws in itself will not bring about the desired changes, there is a need to agree and design minimum international standards and guiding principles that will influence the content and operations of the laws. ... The study is divided into five chapters. Chapter one is an introduction, which sets out the background of the study, the focus and objectives of the study, the significance of the study, especially to Uganda, the hypothesis, the methodology of the research and the literature review. Chapter two deals with the conceptualisation of ATI at the international, regional and national levels. It should be noted that this paper conceptualises ATI only in relation to corruption so as to limit the discussion to the subject matter of the research. It also examines the UN, AU, and Commonwealth responses to ATI as tool for openness in government, transparency and accountability and how ATI helps in developing a culture of anti-corruption. Chapter three examines the nature, causes and level of corruption in Uganda and the aspects of ATI that creates a culture of anti-corruption such as open government. Key concepts such as whistle blowing, open governance and the use of technology in information disclosure are discussed. Chapter four is an overview and an evaluation of the contents of [the] ATI Bill in Uganda and a critique of the Bill in relation to the basic principles developed under international law. Chapter five summarizes the study and makes some recommendations that may enhance the value of the proposed ATI in Uganda." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2001. / Prepared under the supervision of Dr. H. Onoria at the Faculty of Law, Makerere University, Kampala, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"Furthermore, the African Peer Review Mechanism (APRM) has been proposed as a key element of the New Partnership for Africa's Development (NEPAD). The APRM is said to be the most remarkable innovation in the AU and the NEPAD framework designed to promote good governance and human rights. Its central purpose is to ensure the compliance of African states with the standards and practices of governance contained in the Declaration on Democracy, Political, Economic and Corporate Governance (Durban Declaration). Although the APRM has been welcomed by a large number of development actors, there are also some doubts as to this mechanism working in the context of Africa. One of the main reasons for such reservations is that peer review on political governance has never been tested elsewhere before. ... The study is structured into five chapters. This first chapter serves as an introduction and has described the context of this paper by giving the background and general structure of the paper. Chapter two will briefly define the notion of peer review, highligting the founding context and the process of the APRM itself. This summary is necessary for a proper understanding of the paper. Chapter three will endeavor to point out the human rights aspects in the APRM, that is, the substance and potential of the mechanism for human rights protection and promotion, including references to international human rights instruments. Chapter four is a proposal for giving the APRM the best prospect for success; this will include adopting a 'population-based approach', meaning that the citizens are central part and owners of the process of the evaluation of government policies. Such ownership should produce a more realistic evaluation of the outcomes of public policies. Finally, chapter five will conclude this study by providing some recommendations as to how to ensure that APRM is a tool that guarantees human rights." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Doctor Enid Hill, Chair of the Department of Political Science, American University in Cairo, Cairo, Egypt / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"In Africa, the struggle for human rights shares a great deal of common ground with the struggle against corruption. In fighting to improve the lot of a majority of the world's population, one must recognise that the fight for social and economic rights is often intimately linked to the fight against the monopolisation of resources by 'networks of patronage'. Corruption perpetuates discrimination, prevents the full realisation of economic, social and cultural rights, and leads to the infringement of several civil and political rights. In a move that acknowledged the fact that corruption is a pervasive problem in Africa, the African Union (AU) adopted the African Union Convention on Preventing and Combating Corruption (AU Convention or Convention) in July 2003. This Convention is yet to enter into force. Likewise, in Nigeria and South Africa, the governments are on renewed campaigns against corruption using anti-corruption legislative and institutional frameworks. These anti-corruption legislation mainly address corruption by criminaliszing it. This is mainly because the phenomenon of corruption is being approached from an economic or pollitical viewpoint. No doubt criminal anti-corruption legislation and institutions are necessary, but this dissertation seeks to evaluate them in terms of their relative or possible successes and challlenges, especially in cases of widespread societal corruption. The premise of this disseration is that from a preliminary assessment, it would seem that the law is losing ground in the battle against corruption. It thus posits that the effectiveness of the law in the fight against corruption will continue to diminish if it fails to addres the social and economic factors that cause the initial problematic behaviour. Presently, the law concentrates on merely proscribing and punishing corruption. It is not being used to address the social and economic conditions that perpetuate corruption, hence, its ineffectiveness especially in cases where the incidence of corruption is so high as to be classified as systemic. In these situations, mere legislative and institutional responses may not suffice as anti-corruption measures. The underlying catalysts for such a hihg degree of corruption - the social and economic injustices resulting in a cyclical reproduction of corruption - are usually not addressed by these responses. In addition, these responses tend to underrate the need to empower those who are at the receiving end of corruption. They thereby concentrate solely on the empowerment of institutional machineries in the fight against corruption. This is the premise upon which this dissertation is built: the need to transcend the tratidional responses to corruption in a manner which hopes that by empowering people using a human rights approach, the underlying causes of systemic corruption may be reduced. Then, perhaps, the society would have discovered a veritable anti-corruption tool. ... This dissertation consists of five chapters. Chapter one provides the general introduction into the study. Chapter two then analyses the phenomenon of corruption and its impact on human rights in Africa. This analysis focuses on case studies and situations in Africa. Chapter three follows with an appraisal of the AU Convention and anti-corruption initiatives in Nigeria and South Africa. This appraisal begins with highlights of the normative framework of the Convention and goes on to assess the impact of such frameworks in the two countries under focus where they are already largely being implemented. Chapter four thereafter introduces a two-pronged human rights approach to combating corruption. This approach consists of a reinforcement of the guarantee of human rights, as well as the proposal for a freedom from corruption as human right. Chapter five consists of conclusion and recommendations." -- Introduction. / Prepared under the supervision of Dr. Angelo Matusse at the Faculdade de Direito, Universidade Eduardo Mondlane, Maputo, Mocambique / 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

"Against the preceding background, the phenomenon of privatisation has come to be a particularly important factor with respect to the progressive realisation of the right to water. Privatisation is the process of transferring property from public ownership to private ownership or transferring management of a service or activity from government to the private sector There has been a rapid growth in the privatisation of essential services in many African states, based on the belief that the private sector can deliver growth and efficiency more effectively than the public sector. This supposition has not been borne out by the available evidence. Cote d'Ivorie was the first African state to privatise its water delivery system in 1960. Since then, over 18 major water contracts have been awarded by at least 14 African states, including Senegal and South Africa, to private concernts for the delivery of water. A host of other states are planning to or are already in the process of privatising their water delivery systems. The main impetus behind this spate of sometimes frenzied privatisation, has been the World Bank and the International Monetary Fund (IMF), who make the privatisation of public services or utilities an unavoidable condition for loans to African states. These two institutions have however, quite recently, come under serious pressure to fundamentally rethink the use of conditionality and have initiated a series of evaluations which are expected to result in some critical conclusions. This study aims to demonstrate through the two case studies of Senegal and South Africa that privatisation of water by African states can affect the process of 'progressive realisation' and may actually result in the violation of the right to water guaranteed under international human rights law. It investigates whether privatisation of water by African states affects the obligation of progressive realisation of the right to water. The choice of Senegal and South Africa is based on the fact that studies on the development and impact of water privatisation in both states have been carried out and futher whilst Senegal is an example of 'privatisation forced by the World Bank', South Africa is not. In addition, both states are parties to international human rights instruments that implicitly or explicitly guarantee the right to water. ... Chapter 2 will discuss the 'right to water' and the obligation of progressive ralisation with regard to the overall promotion and protection of economic, social and cultural rights. It will examine whether such a right actually exists under international human rights law, its nature and extent and the content of the obligation to progressively realise it. Chapter 3 will focus on the process of privatisation, its varous forms and the impetus for such a process. It will also explore arguments in support of, and against, privatisation. Chapter 4 will analyse the impact of privatisation on the obligation to progressively realise the right to water by looking at the situation pre- and post-privatisation. Some concluding remarks will be made in chapter 5." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / Prepared under the supervision of Prof. J. Oloka-Onyango at the Faculty of Law, Makerere University, Kampala, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM