This inquiry was prompted by the resurgence of the phenomenon of coups in Africa in the recent past. The most recent wave of coups has brought the phenomenon under the scrutiny of continental and international bodies. Unlike in the first three decades after independence, which were characterized by inaction and indifference in the face of coups, in recent times African leaders are determined to stem the tide of coups through an unprecedented set of continental and sub-regional norms and collective action. The mini-thesis analyses traditional, and modern security paradigms, as well as comparative politics in order to understand and situate African coups. It argues that the African coup oscillates between the realist, organizational and praetorian paradigms of civil-military relations. Unlike its predecessor, the moribund Organisaton of African Unity (OAU), the African Union (AU) through normative instruments has demonstrated greater enthusiasm not only in reversing the coup tide, but more fundamentally in entrenching a culture of democracy and good governance. Its pronouncements and active engagement in coup-affected countries have been consistent, unambiguous and forthright. In conclusion, the mini-thesis identifies and assesses a myriad of factors at state and regional levels, as well the interests of foreign actors which have over the years conspired to limit the ability of continental bodies to deal effectively with unconstitutional changes of government. These factors, which are largely located at state level, at the core of which is the nature and form of the African state, need to be addressed first in order to rid the continent of the coup contagion. / Dissertation (MDiplomatic Studies)--University of Pretoria, 2010. / Political Sciences / unrestricted

Africa has for a long time been embattled by differing acts of terrorism, with divergent manifestations such as suicide bombing, killings and hijacking. Accordingly, the Organisation of African Unity and subsequently the African Union took up the responsibility of developing strategies to counter the menacing trend of terrorism on the continent. To this end, several counter terrorism interventions were created. The first of Africa's interventions was developed as early as 1992, when the Organisation of African Unity (OAU) member states adopted a Resolution to strengthen cooperation and coordination among African states against different manifestations of extremism. Although, there is abundance of scholarly literature on the subject of understanding of terrorism and its human rights implications and also on the impact of terrorism on political pluralism, there is a dearth of scholarly writings on the activities of the African Union in relation to terrorism in Africa, particularly on whether the Union is responding positively to its counter terrorism agenda. Yet, the role of the African Union in this regard on the continent cannot be over emphasised. This study is therefore carried out to scrutinise the counter terrorism agenda of the African Union and explore its counter terrorism activities from inception till date. In ascertaining the necessity for the African Union to develop ways to adequately implement its counter terrorism agenda, the study carries out an assessment of the agenda and established its link with the United Nations counter terrorism framework. Recommendations about how best the agenda can be realised concludes the study. Specifically, the research explores the activities of the African Union with the aim of determining whether the agenda was merely paved with good intentions. While many weaknesses of the agenda were discovered and discussed in depth, the research concludes, that despite the gap that exists between the agenda and its implementation and the problem of resources bedevilling the implementation of the agenda, it will be unfair to describe the African Union counter terrorism agenda as merely paved with good intentions in the lights of numerous positive steps that have been taken towards translating the agenda into full implementation. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted

In its latest attempt to curb the plight of unconstitutional changes of government in Africa, the African Union (AU) is in the process of empowering the African Court of Justice and Human and Peoples’ Rights (African Court) to prosecute perpetrators of unconstitutional changes of government in member states. This study considers the prospects and challenges of such prosecution by the proposed African Court. The study first identifies the normative and institutional framework developed by the Organisation of African Unity (OAU), and later the AU to address unconstitutional changes of government in the continent. It then analyses the AU’s response to unconstitutional changes of government in member states, taking Guinea, The Comoros, Niger, Tunisia, Egypt and Libya as case studies. In doing so, it identifies the strengths and weaknesses of the AU’s response to the changes in these countries, including the capability of the AU’s normative and institutional framework to address all forms of unconstitutional changes in the region. Most importantly, the study addresses the challenges and prospects of prosecuting unconstitutional changes of government by the proposed African Court and whether the Court would be able to overcome the short-comings identified in the case studies. It finally concludes and recommends based on the findings of the study. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted

The African Union (AU) was established by the African Union Constitutive Act in 2000 to address the shortcomings of its predecessor the Organisation for African Unity (OAU). One of the main considerations for the establishment of the AU was the OAU’s strict adherence to the principle of non-intervention. The OAU was established on the principle of sovereignty and territorial integrity but the leaders of Africa realised that while the protection of sovereignty and territorial integrity was important ambitions for the African continent, it was just as important that African conflicts are resolved more effectively. While the AU Constitutive Act restates the commitment of the AU to the principles of sovereignty and territorial integrity, the AU Constitutive Act also provides for protection of human rights and, most significantly, for the limited intervention by the AU in grave circumstances. Article 4(h) of the AU Constitutive Act provides the “right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely war crimes, genocide and crimes against humanity”. The right to intervention contain in this article provide a great opportunity to improve the effectiveness of conflict management on the African continent. However, Articles 2(4) and 2(7) of the United Nations Charter pose a strong challenge to the legality of intervention under article 4(h) of the AU Constitutive Act. It is generally accepted that consent or invitation by the state concerned precluded any wrongfulness of the prima facie violation of international law and in particular a valid exception to the prohibition on the use of force. By signing the AU Constitutive Act the member states of the AU consented in advance to the possibility of intervention and consequently there is no conflict between the right to intervene and the prohibition of the use of force, as long as the AU remains within the bounds set out in the AU Constitutive Act and the succeeding mandate given by the Assembly. It might be argued that the prohibition on the use of force is a ius cogens norm that cannot be contracted out and that any agreement to this effect is void. However, the commentaries to Article 26 of the Articles on State Responsibility state that consent may be relevant when applying such a peremptory norm. Furthermore, only the prohibition on aggression is peremptory in nature. The definition of aggression states inter alia that aggression is the use of armed force on the territory of another in contravention of an agreement between the parties concerned. Thus, use of force undertaken in the territory of a state within the bounds of the agreement between the parties is not aggression and thus not a violation of a peremptory norm. The increased international focus on human rights and human security has influenced the way the notion of sovereignty and the principle of non-interference are understood. In 2001 the International Commission on Intervention and State Sovereignty’s report “The Responsibility to Protect” introduced the twin norms of sovereignty as a responsibility and the Responsibility to Protect. The notion of sovereignty as a responsibility implies that every state has the responsibility to protect its people from gross human rights abuses, while the Responsibility to Protect (R2P) refers to the responsibility of the international community to act should as state be unwilling or unable to fulfil its responsibilities towards its citizens. By incorporation of the right to intervention in its Constitutive Act, the AU has embraced the concept of Responsibility to Protect. While the international endorsement of this concept and the constant paralysis of the SC, especially in respect of Africa, adds considerable legitimacy to possible intervention by the AU in terms of article 4(h). / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Public Law / Unrestricted

"The Organisation of African Unity (OAU), in spite of its commitments to human rights, failed to develop its institutions for conflict resolution and thus address the problem of massive and grave human rights violations that occurred as a result of conflicts. The OAU failed to actively engage the African Commission, which was established to promote and protect human rights, in addressing any of the conflicts in Africa. The OAU also failed to take action on the reports of the African Commission, in which the Commission had highlighted cases of massive and grave violations of human rights occasioned from conflicts. Consequently, most of the conflicts in Africa have not been fully resolved and there are still instances of sporadic outbreaks of violent conflicts with fatal consequences. The African Union (AU) improves upon the commitment of the OAU to human rights and conflict resolution by incorporating human rights norms into its Constitutive Act and the establishment of the Peace and Security Council of the African Union (AUPSC). However, the AU is yet to demonstrate its real commitment to human rights and conflict resolution particularly in taking action on reports of violations of human rights occurring as a result of conflicts. ... This thesis is composed of five chapters. This first chapter provides a general introduction to the thesis and outlines its structure. Chapter two looks at the relationship between human rights and conflict resolution and examines some of the tensions that exist between the two fields in terms of their normative standards, objectives and strategies. The third chapter then looks at the mechanisms for conflict resolution in Africa under the OAU, manely the Commission of Mediation, Conciliation and Arbitration (CMCA) and the Mechanism for Conflict Prevention, Management and Resolution (MCPMR), their successes and failures and the lessons that can be drawn from their performance and also discusses the role of the African Commission in conflict resolution. Chapter four discusses the AUPSC, its structure, powers, organisaton and performance so far. Chapter five covers the conclusions and recommendations of the study." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Dr. Enid Hill at the Department of Political Science, School of Humanities and Social Sciences, American University in Cairo, Egypt / http://www.chr.up.ac.za/academic_pro/llm1/llm1.html / Centre for Human Rights / LLM

Thesis (Ph.D. (Political Science)) -- University of Limpopo, 2022 / Much of the literature on the recent Libyan conflict is framed through a Westernised lens. This is an epistemic and ontological setback for Africa. Hence, the transition from the Organisation of African Unity (OAU) to African Union (AU) with the principle of, “African solution to African problems,” seemed to be a plausible one after a number of imported solutions and western powers’ interventions that often left the continent worse off than before. Syria shared a similar situation with Libya but the intervention from the western powers differed significantly. Against this setback, this study employs Afrocentricity as an alternative theoretical lens to examine the incompatibilities of North Atlantic Treaty Organisation’s (NATO) involvement in the Libyan conflict within the context of the African Agenda. The objectives of the study were to evaluate the relations between AU and UNSC on the Libyan crisis, how the UNSC Res 1973 was understood and implemented AU and NATO and to reflect on the implications of NATO led military intervention under the pretext of Responsibility to Protect civilians in Libya. The involvement of NATO’s military force sealed not only the fate of Libyans with no long term plan to the resolution of the crisis but also severely restricted and undermined the efforts of AU in Libya. The efforts of AU and its roadmap were completely negated when NATO forces started their air raids. Divisions were clearly evident within NATO members with Germany and Netherlands opposing the motives of NATO. The intervention by NATO facilitated regime change and flooded the region with illicit trade in arms and goods, harboured armed extremists’ groups, and terrorists. The cauldron of all of the above effectively destabilised the region. It also exposed deep divisions within AU members, lack of coordination and the effects of limited resources on operations that could be handled continentally to avoid unsavoury interventions. In relation to the Libyan crisis, AU and NATO had divergent interests and could not cooperate in finding long lasting solutions. AU should in the future be proactive in resolving conflicts with the continent and should be prepared to fund its own operations in order to reduce dependence on foreign assistance in similar situations in the future.

The purpose of this study is to analyse the role of the Organisation of African Unity (OAU) as an international governmental organisation in regional co-operation and stability from 1963 until 2000. It is also aims to evaluate the OAU's success or failure as the initiator of African unity and the driver of regional co-operation and stability in Africa within political, economic and social spheres. As background, the motivation for the study is discussed and the problem is stated. From this, research questions are formulated, and objectives identified. Three hypotheses are formed, which the study aimed to prove. The range of core theoretical foundations, concepts, characteristics, theories, approaches and classifications are examined in detail as foundations for an understanding and evaluation of the role of the OAU. Regional organisations as a phenomenon are also studied in-depth with reference to their nature, meaning and historical origins. Inter-state relations in the international community are theoretically explored, as well as the position and potential of regionalism within international public administration. Concepts, characteristics, types and functions of regional organisations and the role of co-operation, sovereignty and supra-nationalism in regional co-operation are covered. Following this, a study is made of the historical origins, nature and character of Pan-Africanism and the evolution of the OAU. Based on the structural-functional approach, the nature and essential characteristics of the organisation are analysed, with reference to its structures, and the tasks of the Secretary-General and its various commissions. In addition, the former relationship between the OAU and the UN is also highlighted. The role of the OAU is evaluated as a regional organisation involved in the establishment of regional co-operation in Africa in the political, economic, cultural and social spheres. The study concludes with an evaluative synthesis of its findings, proposals and conclusions. The OAU is found to have been successful in certain regards, but in others, it failed to attain its primary purpose: to forge unity on the continent and to create co-operation among states. Its successor, the African Union could learn some valuable lessons from the OAU's history. / Public Administration / (D.P.A.)

This study is entitled ‘investigating the challenges in enforcing international human rights law in Africa: Towards an effective regional system’. It centres around a critical research problem namely: what challenges beset regional enforcement of human rights law in Africa and how can they be addressed to ensure the effective promotion and protection of human rights in the continent? It critically reviews and revisits the discourses and scholarly arguments on the crucial issue of regional enforcement of human rights law in Africa. It traverses through historical epochs in order to explain the origins, scope and evolution of human rights law in Africa. This is done in the quest for answers to questions such as: When and how did Africa’s regional human rights system originate? What factors led to its emergence? Was the concept of human rights recognised in Africa prior to European colonial rule? What is the present status of international human rights in Africa? It therefore lays the foundations for a better understanding of the historical and philosophical origins and evolution of Africa’s regional human rights system. The study then proceeds to review the normative and institutional mechanisms established in Africa to enforce human rights at the regional level. Particularly, it highlights the roles of the African Commission and Court on Human and Peoples’ Rights in the light of their contribution to, and challenges in, the enforcement of human rights in the region. The study concludes with recommendations on the possible ways to invigorate the African human rights system. One of the key findings is that, with appropriate reforms, the system can be more effective. / Constitutional, International & Indigenous Law / LL.D. (Public, Constitutional and International Law)

The purpose of this study is to analyse the role of the Organisation of African Unity (OAU) as an international governmental organisation in regional co-operation and stability from 1963 until 2000. It is also aims to evaluate the OAU's success or failure as the initiator of African unity and the driver of regional co-operation and stability in Africa within political, economic and social spheres. As background, the motivation for the study is discussed and the problem is stated. From this, research questions are formulated, and objectives identified. Three hypotheses are formed, which the study aimed to prove. The range of core theoretical foundations, concepts, characteristics, theories, approaches and classifications are examined in detail as foundations for an understanding and evaluation of the role of the OAU. Regional organisations as a phenomenon are also studied in-depth with reference to their nature, meaning and historical origins. Inter-state relations in the international community are theoretically explored, as well as the position and potential of regionalism within international public administration. Concepts, characteristics, types and functions of regional organisations and the role of co-operation, sovereignty and supra-nationalism in regional co-operation are covered. Following this, a study is made of the historical origins, nature and character of Pan-Africanism and the evolution of the OAU. Based on the structural-functional approach, the nature and essential characteristics of the organisation are analysed, with reference to its structures, and the tasks of the Secretary-General and its various commissions. In addition, the former relationship between the OAU and the UN is also highlighted. The role of the OAU is evaluated as a regional organisation involved in the establishment of regional co-operation in Africa in the political, economic, cultural and social spheres. The study concludes with an evaluative synthesis of its findings, proposals and conclusions. The OAU is found to have been successful in certain regards, but in others, it failed to attain its primary purpose: to forge unity on the continent and to create co-operation among states. Its successor, the African Union could learn some valuable lessons from the OAU's history. / Public Administration and Management / (D.P.A.)

This study is entitled ‘investigating the challenges in enforcing international human rights law in Africa: Towards an effective regional system’. It centres around a critical research problem namely: what challenges beset regional enforcement of human rights law in Africa and how can they be addressed to ensure the effective promotion and protection of human rights in the continent? It critically reviews and revisits the discourses and scholarly arguments on the crucial issue of regional enforcement of human rights law in Africa. It traverses through historical epochs in order to explain the origins, scope and evolution of human rights law in Africa. This is done in the quest for answers to questions such as: When and how did Africa’s regional human rights system originate? What factors led to its emergence? Was the concept of human rights recognised in Africa prior to European colonial rule? What is the present status of international human rights in Africa? It therefore lays the foundations for a better understanding of the historical and philosophical origins and evolution of Africa’s regional human rights system. The study then proceeds to review the normative and institutional mechanisms established in Africa to enforce human rights at the regional level. Particularly, it highlights the roles of the African Commission and Court on Human and Peoples’ Rights in the light of their contribution to, and challenges in, the enforcement of human rights in the region. The study concludes with recommendations on the possible ways to invigorate the African human rights system. One of the key findings is that, with appropriate reforms, the system can be more effective. / Constitutional, International and Indigenous Law / LL.D. (Public, Constitutional and International Law)