The objective of this paper is to analyze the causes and antecedents that have contributed to the fact that, in Argentina, the office of Ombudsman remains vacant. Likewise, the normative origins of the organ are reviewed, in order to understand its value and democratic mission. In the ruling entitled Center for Studies for the Promotion of Equality and Solidarity and Others and the Ministry of Energy and Mining under Collective Protection (Centro de Estudios para la Promoción de la Igualdad y la Solidaridad y otros c/ Ministerio de Energía y Minería s/ amparo colectivo), issued on August 18, 2016, the Supreme Court of Justice of the Nation exhorted the Congress of the Nation to appoint an Ombudsman in accordance with the provisions conferred on it by article 86 of the National Constitution. The Court’s decision exposed a long-standing legal problem: the absence of an Ombudsman. / El presente trabajo tiene como objetivo analizar las causas y antecedentes que han contribuido a que, en Argentina, el cargo de Defensor del Pueblo permanezca vacante. Asimismo, repasa los orígenes normativos del órgano, a fin de comprender su valor y misión democrática. En el fallo caratulado Centro de Estudios para la Promoción de la Igualdad y la Solidaridad y otros c/ Ministerio de Energía y Minería s/ amparo colectivo, emitido el 18 de agosto de 2016, la Corte Suprema de Justicia de la Nación exhortó al Congreso de la Nación a nombrar un Defensor del Pueblo con arreglo a las disposiciones que le ha conferido el artículo 86 de la Constitución Nacional. La decisión de la Corte expuso una problemática jurídica de larga data: la ausencia de un Defensor del Pueblo.

Orientador: Valeriano Mendes Ferreira Costa / Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciências Humanas / Made available in DSpace on 2018-08-16T01:58:20Z (GMT). No. of bitstreams: 1 Campos_MarcelodaSilveira_M.pdf: 1640796 bytes, checksum: def943ef6673f053b6e0656187694bdc (MD5) Previous issue date: 2010 / Resumo: A partir de meados dos anos 90 do século XX até os dias atuais, parte da literatura internacional sobre criminalização, segurança pública e justiça criminal (sobretudo nos EUA e Inglaterra) sinalizou o abandono da política criminal tradicional - chamada de penal welfarism. Esta política, baseada na tradição liberal dos direitos humanos e pautada no ideal de ressocialização do criminoso, teria sido substituída por uma política penal mais dura, abrangente e agora mais voltada para a defesa social. Modificou-se o funcionamento estratégico da justiça penal contemporânea e sua importância. A partir desse enquadramento teórico geral, este trabalho analisa quais foram as políticas criminais adotadas pelo Parlamento brasileiro. Para isso analiso a produção das principais leis aprovadas em segurança pública e justiça criminal no Congresso Nacional brasileiro no período de 1989 a 2006. Divido a pesquisa em dois momentos: i) um mapeamento do material apontando quais são os partidos, estados e casas proponentes; mandatos presidenciais que sancionaram as leis; número de leis aprovadas por ano e o tempo de tramitação das leis de acordo com a casa propositora; ii) os tipos gerais (modelos) de punição propostos pelas normas. Proponho nas considerações finais que é possível pensar: coexistências na política criminal entre criminalização, recrudescimento penal e leis que despenalizaram ou buscaram efetivar direitos dos réus; ii) apesar da coexistência ou (e) sobreposição entre estes domínios na política criminal, o Parlamento e o Executivo 'escolhem' o uso simbólico do Penal como forma fundamental de resolução de conflitos, a partir de demandas estatais (ou da sociedade civil) por maior (ou mais pesada) criminalização de condutas / Abstract: From the mid-90s of the twentieth century until today, part of the international literature on criminality, public safety and criminal justice (primarily in the U.S. and England) signaled the abandonment of traditional criminal policy - called the penal welfarism. The policy, based on the liberal tradition of human rights and on the ideal of social resocialization of criminals, would have been replaced by a tougher criminal justice policy, more comprehensive and now more focused on social defense. The strategic functioning of criminal justice and its contemporary relevance has changed. From this general framework, this research examines the criminal policies which were adopted by the Brazilian Parliament. To that end, I analyze the production of the major laws approved on public safety and criminal justice in the Brazilian Parliament in the period from 1989 to 2006. The research is divided into two different moments: i) a mapping of the material indicating which are the proponent parties, states and houses; presidential mandates, the number of laws adopted per year and the time of the drafting of laws in according to the proponent house ii) the general types (models) of punishment proposed by the laws. I propose in my final considerations that: the coexistence in Brazilian criminal policy of criminalization and the stiffening of criminal laws/expansion of rights in Brazil. Despite this coexistence or (and) overlap between these areas, the Parliament and the Executive 'choose' the symbolic use of the penal laws as a fundamental form of conflict resolution from state (or civil society) demands for more extensive (or heavier) criminalization of conducts / Mestrado / Ciencia Politica / Mestre em Ciência Política

Philosophiae Doctor - PhD / The study outlines five areas of intervention in the development of women studies and politics on the continent. Firstly, it examines the problematic construction and the inclusion of women in the narratives of the liberation struggle in South Africa. Secondly, the study identifies the sphere of intellectual debates as one of the crucial sites in the production of historical knowledge about the legacies of liberation struggles on the continent. Thirdly, it traces the intellectual trajectory of Charlotte Maxeke as an embodiment of the intellectual contributions of women in the struggle for liberation in South Africa. In this regard, the study traces Charlotte Maxeke as she deliberated and engaged on matters pertaining to the welfare of the Africans alongside the prominent intellectuals of the twentieth century. Fourthly, the study inaugurates a theoretical departure from the documentary trends that define contemporary studies on women and liberation movements on the continent. Fifthly, the study examines the incorporation of Maxeke's legacy of active intellectual engagement as an integral part of gender politics in the activities of the Women's Section of the African National Congress. In the areas identified, the study engages with the significance of the intellectual inputs of Charlotte Maxeke in South African history. / South Africa

This thesis is in the field of Industrial Relations. It concerns a micro-level investigation of the dynamics of public sector industrial relations in post-apartheid South Africa. It focuses on the Tripartite Alliance between the African National Congress (ANC), the South African Communist Party (SACP) and the Congress of South African Trade Unions (COSATU) and explores what the Alliance relationship has meant for the traditional roles of employees and their representatives on the one hand, and employers and their representatives on the other. The thesis examines the political, organisational and societal contradictions and implications for COSATU public sector union affiliates and their members in their relationship to the ANC as an ally (via the Alliance) and the context in which ANC members form part of management (in government). The South African Municipal Workers’ Union (SAMWU) was used as an archetype of a COSATU public sector union affiliate that engages with the State as employer at the municipal level. It is a case study of Makana Local Municipality (Eastern Cape Province, South Africa) using qualitative research techniques and content analysis to derive the relevant information. The author conducted a series of in-depth interviews of key informants and observations at Makana Local Municipality were done. Based on the empirical data obtained from the investigation, the thesis argues that the traditional roles in the employment relationship at the workplace have been affected by the political alliance. Industrial relations roles have become increasingly vague especially since many within local government share ANC/SACP memberships with members of the trade union. The study also highlights that within an increasingly globalising post-apartheid environment, the Alliance provides mixture of benefits and challenges for workplace negotiations and employment relations in ways that macro-level analyses of employer-employee relationships do not always capture.

This thesis aims to make sense of Left politics in South Africa within the Tri-partite Alliance between the ANC, SACP and COSATU. The thesis focuses on developments in the Eastern Cape, between 2000 and 2008. The thesis describes the prevalent forms of Left politics in the Eastern Cape and the tendencies in the Alliance that organise this Left. The thesis also examines the historical, social and political conditions and that shape the form and content of Left politics in the province. Based on a survey of literature on what is considered the core manifestations of Left politics globally in the 20th Century Left politics is defined as the elements of the political spectrum that are concerned with the progressive resolution of involuntary disadvantage and with a goal of abolishing class society and capitalism. Although the Alliance as a whole should be seen to be on the Left on an international political spectrum, this thesis argues that the Left/Right dichotomy is useful for understanding the politics of the Alliance, as long as the second part of this definition is taken into consideration. The Alliance Left is understood as those leaders and activists within the Alliance that have the SACP and Cosatu as their operating base. It will be argued that this Left is, in its practice, largely concerned with what insiders refer to as politics of „influence‟, rather than with politics of „structural transformation‟. It is the ANC that is the leader of the Alliance and the party in government and thus it is on the terrain of ANC strategy, policy and positions that contestation in the Alliance plays itself out. Thus, for the Left, there is strength in the idea of the Alliance. However, there are significant theoretical and political weaknesses in the Left that undermine the possibility of making good use of various corporatist platforms to pursue the agenda of the Left in the Eastern Cape. There is also increased contestation within the Alliance Left itself about the continued usefulness of this strategy.

This Dissertation, written at the Department of Political Studies in the School of Social Sciences, is submitted in fulfilment of the requirements for the Degree of Doctor of Philosophy (Ph.D), to the Faculty of Humanities at the University of the Witwatersrand, Johannesburg, South Africa, September 2017 / The purpose of this study is to examine the causes of ideological moderation in the South African party system in the post-1994 period. Previous research stresses the non-left-right feature of politics and when it recognises the centrist feature of major parties and moderation of the party system, the causes of the latter are unexplained. The deficiency in previous research is that moderation and limited left-right disagreements as fundamental causes of broader political dynamics are overlooked — moderate systems foster political consensus and democratic stability. In this study I critically examine three theoretical causal variables that account for moderation: the electoral system, the electorate, and the dominant party. This study relies on a measurement of party system fragmentation, and voter and party system polarisation, as well as an intensive qualitative assessment of the ANC. The evidence is based on a number of nationally representative surveys that measure public opinion; interviews with political party leaders and representatives, and officials from labour and business; and document analysis. The finding is that the ANC as the dominant party is the main driver of moderation in the party system. Coupled with electoral dominance, the centripetal, non-dogmatic, pragmatic and flexible tendencies that characterise the ANC permit the party to induce and stabilise party system moderation. This study: develops a causal framework for understanding moderation; builds on previous research about the centrism of major parties and the moderation of the party system (both quantitatively and qualitatively); departs from the argument about the fragmented and rightist nature of the opposition bloc and the race-based approach to the electorate; and extends the debate about the ANC by arguing that left-right movement occurs within centrist terrain, and that the party is not an amorphous or client entity but a clearly defined one. I also add to: the growing body of knowledge that finds no necessary connection between proportionalism, extremist party positioning and polarisation; the idea that party system polarisation is less reflective of voter polarisation; and concur with previous research that argues that the role of a pivotal centre party is critical for the party system. / XL2018

This thesis provides a survey and an analysis of South Africa's relations with the British Commonwealth (Commonwealth of Nations) between the years 1945 and 1961. It outlines and explains the deterioration of this relationship in the context of the crisis in South Africa's foreign relations after World War II. Documentary evidence is produced to throw more light on the relationship with Britain and, to a lesser extent, other Commonwealth countries. This relationship is analysed in the context of political, economic and strategic imperatives which made it necessary for Britain to continue to seek South Africa's co-operation within the Commonwealth. This thesis also describes how the African and Asian influence began to be felt within the Commonwealth on racial issues. This influence was to become particularly important during the crucial period after the Sharpeville incident. The attitudes of Britain and other Commonwealth countries at the two crucial conferences of 1960 and 1961 are re-examined. The attitude of extra-parliamentary organisations in South Africa towards the Commonwealth connection is an important theme of this thesis in addition to the other themes mentioned above. It is demonstrated how Indian and African opinions became increasingly hostile towards what was seen as British and "white" Commonwealth "appeasement" of South Africa. These attitudes are surveyed in the context of an increasing radicalisation of black politics in South Africa. The movement by English and Afrikaans-speaking white South Africans toward a consensus on racial and foreign policy is also examined. Finally, the epilogue to this thesis discusses the return of South Africa to the Commonwealth in 1994. It includes a brief survey of developments in the Commonwealth attitude to South Africa since 1961. / History / D. Litt. et Phil. (History)

This thesis provides a survey and an analysis of South Africa's relations with the British Commonwealth (Commonwealth of Nations) between the years 1945 and 1961. It outlines and explains the deterioration of this relationship in the context of the crisis in South Africa's foreign relations after World War II. Documentary evidence is produced to throw more light on the relationship with Britain and, to a lesser extent, other Commonwealth countries. This relationship is analysed in the context of political, economic and strategic imperatives which made it necessary for Britain to continue to seek South Africa's co-operation within the Commonwealth. This thesis also describes how the African and Asian influence began to be felt within the Commonwealth on racial issues. This influence was to become particularly important during the crucial period after the Sharpeville incident. The attitudes of Britain and other Commonwealth countries at the two crucial conferences of 1960 and 1961 are re-examined. The attitude of extra-parliamentary organisations in South Africa towards the Commonwealth connection is an important theme of this thesis in addition to the other themes mentioned above. It is demonstrated how Indian and African opinions became increasingly hostile towards what was seen as British and "white" Commonwealth "appeasement" of South Africa. These attitudes are surveyed in the context of an increasing radicalisation of black politics in South Africa. The movement by English and Afrikaans-speaking white South Africans toward a consensus on racial and foreign policy is also examined. Finally, the epilogue to this thesis discusses the return of South Africa to the Commonwealth in 1994. It includes a brief survey of developments in the Commonwealth attitude to South Africa since 1961. / History / D. Litt. et Phil. (History)

Since the 1950s modernization theory predicted within the Third World a trajectory for social evolution and development mirroring perceived social and developmental evolution in Western societies since the 17th Century. Despite this theory being much discredited in both Western societies and the developing world; this theory still forms the basis for much analysis and policy formulation within post-1990 South Africa. This thesis looks at various aspects of urban black South Africans' existence and concludes that African tradition has found a place within an urban existence due to it's flexibility in dealing with peoples' daily challenges. An urban existence can thus no-longer be thought of as supplanting tradition in favour of western influences, but rather as bringing about a mixture of western and traditional influences - with positive and negative theoretical and practical developmental consequences / Development Studies / M.A.

Thesis MA (Political Science. International Studies))--Stellenbosch University, 2008. / Liberation movements came into being across the entire African continent as a political response to colonisation. However, Africa has in this field, as in so many others, been largely understudied, in comparison to revolutionary movements in South America and South East Asia. While many case studies on specific liberation movements exist, very few are comparative in nature. This study will do precisely that using the framework of Thomas H. Greene. The resistance movements in South Africa and Zimbabwe, then Rhodesia, consisted of several organisations, but the ones that emerged as the most powerful and significant in the two countries were the ANC and ZANU respectively. Although their situations were similar in many ways, there were other factors that necessarily led to two very different liberation struggles. This study looks closer at these factors, why they were so, and what this meant for the two movements. It focuses on the different characteristics of the movements, dividing these into leadership, support base, ideology, organisation, strategies and external support. All revolutionary movements rely on these factors to varying degrees, depending on the conditions they are operating under. The ANC and ZANU both had to fight under very difficult and different circumstances, with oppressive minority regimes severely restricting their actions. This meant that the non-violent protests that initially were a great influence for the leadership of both movements – especially with the successes of Mahatma Gandhi in South Africa and India, inevitably had to give way to the more effective strategies of sabotage and armed struggle. Like other African resistance movements, nationalism was used as the main mobilising tool within the populations. In South Africa the struggle against apartheid was more complex and multidimensional than in Zimbabwe. Ultimately successful in their efforts, the ANC and ZANU both became the political parties that assumed power after liberation. This study does not extend to post-liberation problems.