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

In 1991, the first major international gathering on the issue of National Human Rights Institutions (NHRIs) was held from the 7 to the 9 October in Paris during the first International Workshop on National Institutions for the Promotion and Protection of Human Rights under United Nations (UN) auspices. The outcome of such meeting is the Paris Principles adopted by the United Nations Human Rights Commission Resolution 1992/54 of 1992 and the General Assembly Resolution 48/134 of 1993. The Paris Principles relate to the status and functioning of national institutions for protection and promotion of human rights and ‘have become the benchmark against which national human rights institutions are measured'. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010. / 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. Solomon Dersso of the Faculty of Law, University of Addis-Ababa. 2010. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

"This dissertation seeks to investigate: (a) whether national human rights institutions are best suited to oversee the improvement of prison conditions; (b) why national institutions are in a better position than others working in this field to monitor the respect of prisoners' rights; and (c) some of the ways in which national institutions can achieve this objective. This will entail an examination of the nature of prisoners' rights and prison conditions and, thereafter, the general character and elements that define national human rights commissions in terms of organization and establishment. These elements will be considered with a view to finding out whether they offer any advantages that can positively influence the conditions of prisons and prisoners and if so, how. It is recognized that national institutions are not the only ones involved in seeking to improve prison conditions. It will be argued however, that even with the existence of the other bodies, there still exists the need for national institutions to be expressly mandated to inspect and monitor the adherence to standards on prisoners' rights. The argument will again be based on the examination of the unique characteristics that these institutions possess as distinguished from other bodies, and the potential these characteristics have to ameliorate the conditions in which prisoners find themselves. ... Chapter one introduces the study and the questions that have prompted the study. Chapter two looks at the nature of pisons, how they began to be and what purposes they serve. This chapter also examines the conditions of prisons in Africa. The scope of chapter three is prisoners' rights, what they are, their justification and the legal regime that regulates their observance. Chapter four focuses on the implementation aspect by looking into what national human rights instiutions are. The final chapter will examine how national institutions have utilized or might utilize their characteristics in favor of the protection of the human rights of prisoners. Conclusions and recommendations will then follow." -- Chapter 1. / Prepared under the supervision of Dr. Jean Allain at the Political Science Department, American University in Cairo, Egypt / 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

"Montesquieu, in L'Esprit des Lois, 1748, divided the functions of state into: the legislative power, the executive power, and the power of judging. Indeed, three constitutional organs have invariably dominated state power. These are: the executive, the leigslative and the judiciary. According to Montesquieu, the state is said to be at 'equilibrium' when the three organs are independent of each other, with each carrying out its functions without interference. Ideally, the legislative organ ought to make laws, the executive to implement them, and the judiciary to adjudicate over disputes arising out of the day-to-day operations of the state. This attempt at dispersing state power is not arbitrary. It has got ends. One cardinal end in this regrad is the protection of fundamental human rights. It has been argued that where the three organs of state are allowed operatational autonomy, individuals stand to enjoy relatively profound liberty. Where state functions are entrusted with one person or organ, the tyranny of that person or organ is certain to overwhelm the realisation of fundamental freedoms and liberties. ... Both Montesquieu and Lock had tremendous faith in the tripartite government structure in so far as the protection of liberties was concerned. Informed by this philosophy, most democratic constitutions have weaved state power in almost similar terms envisioned by Montesquieu. Thus far, the 1787 Constitution of the United States of America (USA) could be ranked as one with the clearest distinction of state functions. Contemporary practice, however, appears to be in favour of complementing these traditional state organs, a sign, perhaps, that the conventional three organs of state per se have increasingly proved inadequate; at least in the sphere of human rights protection. There is a move, or rather, wave towards the establishment of independent national human rights institutions (NHRIs) to reinforce the bulwark of human rights protection mechanisms at state level, and the wave, arguably, is most pronounced in Africa. ... The current investigation will be completed in four distinct chapters. The current chapter serves well to introduce the study. The second chapter constitutes a comprehensive study of the conceptual foundations of national human rights institutions (NHRIs). The essence, structure and nature of NHRIs is also explored. The third chapter proposes to analyse the doctrine of separation of powers from a philosophical and later, from a practical point of view as it manifests itself in the Commonwealth tradition. The tripartite government configuration is discussed with the ramification of NHRIs in mind. It is instructive that without assessing the parent concept (the rule of law) a discussion on separation of powers remains orphaned. The fourth chapter shall first allude to the new challenges to human rights enforcement. It shall then discuss how these challenges and the development of NHRIs cry for a new thinking on the original tripartite system. The final section is an attempt at supplying a panacea to the challenges accentuated by the preceding part." -- Introduction. / Prepared under the supervision of Prof. Nii Ashie Kotey at the Faculty of Law, University of Ghana, Legon / LLM (Human Rights and Democratisation in Africa) -- University of Pretoria, 2006. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

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

"Implementation of human rights instruments, and protection and promotion of human rights at the national level is a contemporary phenomenon that is still developing. The African Charter on Human and Peoples' Rights and the Paris Principles provide for the creation of national institutions to carry out this task. This has led to national human rights institutions (NHRIs) becoming more prominent actors in the national, regional and international arena. However, NHRIs still face the problems of legitimacy, operational constraints, and ignorant population. These factors constrain the effective functioning of these institutions. It should be noted that the key constraint on the effective functioning of NHRIs is legitimacy. Such institutions usually find themselves not legitimate in the eyes of the people they are created to serve. The above brings to mind the question - what makes a NHRI effective? Generally, there is no consensus as to the effectiveness of NHRIs This study has therefore been triggered by widespread perceptions and reports within civil society that such institutions are left at the mercy of governments in power. Others have seen such institutions as a "double-edged sword" - in the best of circumstances, they strengthen democratic institutions but they can also be mere straw men, part of government's administrative machinery to scuttle international scrutiny. Another issue that has actuated this study is the misconception that people have about some NHRIs. This misconception originates not so much from the actual operation of human rights commissions but from the history of past ombudsman institutions that have purported to protect human rights." -- Chapter 1. / Prepared under the supervision of Professor Michelo Hansungule at the Faculty of Law, University of Pretoria, 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