A Theses submitted to the Faculty of Humanities, University of the Witwatersrand, in partial fulfilment of the requirements for the Master of Arts Degree in International Relations, October 2017 / This study examines the effectiveness of the African Charter on Democracy, Elections and Governance in promoting free and fair elections, focusing on Electoral Management Bodies established and operational in Ethiopia and Lesotho. It assesses practical missions conducted by the EMBs within the three levels of electoral governance theoretical framework; that is rule making, rule application and rule adjudication. This study has significant effects for consolidation of democracy and governance because the democracy discourse recognizes important correlations between quality of elections administered by democratic institutions and governance. The study established that both Ethiopia and Lesotho partially implemented the ACDEG electoral rules due to varying political wills, and that the nations’ EMBs were incompetent and faced logistical challenges. However, Ethiopia’s reluctance to genuinely incorporate and enforce the ACDEG principles within its Electoral Law limited the capacity of the NEBE to manage the 2010 and 2015 elections. Whilst Lesotho’s IEC functioned in an inadequate manner due to recurring political unstable contexts it operated within. Both Ethiopia and Lesotho encountered various electoral challenges notably, evident vote inflation, intimidation, violent incidences, unfair media coverage for opposition parties, unreliable voter registers and unsecured ballot boxes which continue to discredit elections. This study posits that the ACDEG effective implementation in promoting free and fair elections can be fruitful with constant dedication by signatory state parties’ to entirely domesticate ACDEG electoral rules in national laws; maintain impartial EMBs and cooperate with election monitors under a regulated compliance mechanism by the African Union. This would address common electoral challenges tormenting African nations; and aid to prevent non-adherence by state parties who devalue the African Union’s election regulations they willingly acceded to. / XL2018

The Heads of State and Government Implementation Committee (HSGIC) of the New Partnership for Africa’s Development (Nepad) acknowledged and recognised the centrality of good governance within the context of the African Peer Review Mechanism (APRM), an innovative mechanism acceded to by member states of the African Union (AU) as a self- monitoring mechanism for good governance. South Africa is one of the countries which acceded to the APRM in 2003. Accordingly, South Africa appointed a National Governing Council (NGC) under the chairpersonship of the Minister of Public Services and Administration as the focal point to develop a strategy to manage the national APRM process. The NGC was constituted of business, the disabled, civil society, churches, trade unions, government and women’s coalitions thus ensuring all relevant stakeholders are represented. As part of South Africa’s country assessment, questionnaires dealing with the four core thematic areas of the APRM were sent through to the public by community development workers. In addition, four technical assessment agencies were appointed to assist in conducting research on the four thematic areas. The primary objective of this study is to examine the theoretical approach to the study and the African Peer Review Mechanism’s contemporary relevance to South Africa, its intended beneficiaries and an assessment of South Africa for the period 2006. The study revealed that Proportional Representation (PR) and floor-crossing have an impact on the sustainability, relevance, long term development, vibrancy and profundity of constitutional democracy in the country. Clearly, since the dawn of the democratic dispensation in South Africa the electoral system introduced is such that it had to take into account the challenges the country faced during the apartheid system of governance. In this context, enough space for free political competition in the country was created. On the basis of the findings of the study, it is patently clear that the time allocated for the CSAR was minimal and the country should have been given at least two years so that the self assessment could have been extensively done. On the issue of HIV and AIDS and its relationship to socio-economic conditions, it was revealed that the country has a lot to do in this regard. The debilitating effect that HIV and AIDS has on the lives of the citizens requires clarity of policy and strategy, consistency in public communication and the need for sustained partnerships amongst all relevant stakeholders. At another level, there was a call for a basic income grant although government does not necessarily support it. Based on the research findings above, a new research area outlined under recommendations can be conceptualized for further research and it requires some attention.

L'Etat en Afrique tire ses origines de l'extérieur. Il a longtemps tourné ses préoccupations vers la défense des intérets étrangers et sous la colonisation, les communautés ethniques locales sur lesquelles il exerçait son autorité n'ont jamais été véritablement représentées dans ses structures fondées sur la contrainte. Cet Etat apparait comme artificiel à cause de sa source de légitimité et de son modèle d'autorité.<p>Mais, le processus d'indépendance a enclenché une ère où il est observé un consentement à son existence et une nouvelle légitimité est accordée à ses structures.<p>L'étude analyse l'un de ces instruments par lesquels cet Etat, incarné et conservé par le "sommet" sans lien direct avec la base (notamment les communautés ethniques), parvient à nouer des relations avec celle-ci de manière à s'octroyer une nouvelle légitimité.<p>Cette étude porte donc sur les facteurs utilisés dans le système politique, le régime, le mode ou la procédure d'exercice du pouvoir afin d'améliorer la relation de l'Etat avec sa société. Elle s'intéresse au role de l'ethnicité dans la participation politique qu'animent les partis pour comprendre la légitimité de l'Etat issu de la colonisation auprès des citoyens (autochtones) qui le rejetaient autrefois./<p>The state in Africa draws its origins from outside. It turned a long time its concerns towards the foreign interests defenses and under colonization, the local ethnic communities on which it exerted its authority never were truly represented in its structures founded on the constraint. This State appears artificial because of its source of legitimacy and its model of authority.<p>But, the independence process engaged one era where it is observed an assent with its existence and a new legitimacy is granted to its structures.<p>The study analyzes one of these instruments by which this State, incarnated and preserved by the "top" without direct link with the base (in particular ethnic communities), manages to tie relations with this one so as to grant a new legitimacy.<p>This study ralates to the factors used in the political system, the mode or the procedure of power exercise in order to improve the relation of the State with its society. It is interested in the ethnicity role in the political participation which the parties animate in order to understand the (African)State legitimacy near the citizens (autochtones) who rejected it formely (colonization period). / Doctorat en Sciences politiques et sociales / info:eu-repo/semantics/nonPublished

This study makes the assumption that community participation in the governance of mineral resources is a requirement of sustainable development and that through a fundamental rights-based approach, it can be made effective. The concern is that an affected community should not only be involved in the decision-making process, but its view must also influence the outcome in respect of whether or not a mineral project should take place and how it should address development issues at local level. It is assumed that this legal approach will improve mineral governance by bringing more transparency and accountability. In many African resource-rich countries, community participation has until now been practiced with more of a soft approach, with the consequence that it has been unable to eradicate the opacity existing in the management of revenues generated by mineral exploitation and also deal efficiently with the recurrence of fundamental rights violations in the mineral sector. Obviously, the success of the fundamental rights based-approach is not absolutely guaranteed because there are preconditions that must be fulfilled. The synergy between community participation and some relevant concepts like democracy, decentarlisation, accountability, (good) governance and sustainable development must be well balanced for the participation process to bring positive outcomes. Also, because the fundamental rights based-approach is conceived here within the framework of the African Charter of Human and People’s Rights, its normative and institutional components, despite the potential to make participation effective and successful, require that some critical challenges be addressed in practice. The study ends with the conclusion that the fundamental rights based-approach is appropriate to make community participation effective in the mineral-led development process taking place at local level, provided that its implementation is kept reasonable. / Constitutional, International & Indigenous Law / D.Law

This study makes the assumption that community participation in the governance of mineral resources is a requirement of sustainable development and that through a fundamental rights-based approach, it can be made effective. The concern is that an affected community should not only be involved in the decision-making process, but its view must also influence the outcome in respect of whether or not a mineral project should take place and how it should address development issues at local level. It is assumed that this legal approach will improve mineral governance by bringing more transparency and accountability. In many African resource-rich countries, community participation has until now been practiced with more of a soft approach, with the consequence that it has been unable to eradicate the opacity existing in the management of revenues generated by mineral exploitation and also deal efficiently with the recurrence of fundamental rights violations in the mineral sector. Obviously, the success of the fundamental rights based-approach is not absolutely guaranteed because there are preconditions that must be fulfilled. The synergy between community participation and some relevant concepts like democracy, decentarlisation, accountability, (good) governance and sustainable development must be well balanced for the participation process to bring positive outcomes. Also, because the fundamental rights based-approach is conceived here within the framework of the African Charter of Human and People’s Rights, its normative and institutional components, despite the potential to make participation effective and successful, require that some critical challenges be addressed in practice. The study ends with the conclusion that the fundamental rights based-approach is appropriate to make community participation effective in the mineral-led development process taking place at local level, provided that its implementation is kept reasonable. / Constitutional, International and Indigenous Law / LL. D.