Magister Legum - LLM / This work deals with the potential impacts of contract review on foreign direct investments in mining resources. The research has cited Tanzania and the Democratic Republic of Congo as the case study because the two countries have experienced the problems generated from mining contracts review programmes. Indeed, there are some variations on the nature of the environments in which the reviews were made. While in the DRC the reviews were done amid civil wars (whose root cause was wealth emanating from mineral resources), in Tanzania the reviews were done without such pressure. However, the situation seems to have not been fully solved neither in Tanzania where the reviews were done under “peaceful” environment nor in the DRC where at least the past experience could have taught them a lesson. The mini thesis is divided into four chapters each covering a distinct topic for discussion. Chapter one serves as an introduction highlighting on the mission and vision of the research. It also spotlights the scope and limitation of the research. Chapter two is a discussion on the mining sector and foreign direct investments in Tanzania and the concept of mining contracts review based on the Bomani Commission report. In fact this chapter together with chapter three are the core of the research. In chapter two facts are laid bare of how the mining operations are done in Tanzania and how the management is undertaken. While in the subsequent chapter to wit chapter three, the same is observed but now targeting the Democratic Republic of Congo. The researcher has used these two chapters to demonstrate how inefficient the African governments are in running and maintaining the mineral resources by which they are endowed plentifully. Chapter four is also formal in the sense that the researcher provides his point of view on how matters could be rectified. It is a firm view of the researcher that if the governments take heed to what is recommended, there will much improvements in the mining sector which can be recorded in shorter span of production.

Magister Legum - LLM / This mini-thesis examines the issue of the implementation of the socio-economic rights provisions of the African Charter on Human and Peoples‘ Rights (ACHPR) at the national level, in a case study of Democratic Republic of Congo (DRC). These rights which comprise the right to property, the right to work, the right to health, the right to education and the protection of the family and cultural rights in Articles 14 to 18 of the ACHPR are provided for and guaranteed in the DRC Constitution of 18 February 2006 in Articles 34 to 48 and, accordingly, are legally enforceable under the Constitution. This study was motivated by the fact that despite the enforceability of these rights under the DRC Constitution, the real situation in the DRC remains worrying in that the economic, social and cultural rights (ESCR) of the ACHPR are violated from day to day by the government. The majority of Congolese live in poverty, disease and ignorance; they lack jobs, food and other basic necessities, such as, water and electricity, in spite of DRC‘s abundant natural resources (such as, oil and gas); minerals (such as cobalt, vanadium, manganese, phosphate, and bauxite); iron ore; and precious tropical rain forests. This situation is due to certain reasons, including: bad governance; mismanagement of public finances by political authorities at the expense of the majority; lack or weakness of the institutions or organs of implementation; and the ignorance of the Congolese people about their socio-economic rights even if they are massively violated by their government. Consequently, the marginalisation of socio-economic rights which results in their non-protection and non-realisation in DRC leads to a low expectation of the State and Government by the people, corruption, exclusion, racism, xenophobia, inequality, diseases, poverty, a feeling of betrayal of the people, a crisis of state and governmental legitimacy, popular insurrections and civil war in the country. To prevent the above consequences requires the DRC State to comply with Article 1 of the ACHPR which declares that the Member States of the Organization of African Unity that are parties to the ACHPR shall recognise the rights, duties and freedoms enshrined in it and shall undertake to adopt legislative or other measures to give effect to them. In addition, as the ACHPR complements human rights protection at the domestic level where the rights protected in the Charter should be realised, it is important for DRC to ensure that the ESCR of the ACHPR protected in its Constitution are given full legal effect under domestic law, such that the Charter‘s rights are made justiciable.

Magister Philosophiae - MPhil / This study investigates how female migrants negotiate the tension that arises from being entrepreneurs, being mothers, and having families. It shows how entrepreneurship offers them self-emancipation but limits the time they spend raising their children and time they spend with their families, but puts them in a position to provide financially for themselves, their children, and families. The focus of the study is on Congolese female migrant and also females from few African countries. It is hypothesized that female migration and entrepreneurship negatively impacts the relationships of these females with their children and families. Data was obtained through a survey of fifty-three respondents who were conveniently selected. This took place in the Western Cape Province, taking Cape Town, Bellville, and Parow as the cities to be observed. The statistical package for social sciences was used to analyze data. The results showed that female entrepreneurship has a negative impact on their relationships with their children but to an extent improves their relationships with their families and/or partners.

La République du Congo (RC) ou nos travaux ont eu lieu, est un pays d’Afrique Centrale, il partage ses frontières avec la République démocratique du Congo, la République centrafricaine, le Gabon, le Cameroun, et l’Angola (Cabinda). Dans ces pays la circulation des arboviroses est documentée. En RC, il y avait peu ou pas de documentation sur les arboviroses avant nos travaux. Nous avons réalisé des études de séroprévalence des arboviroses de différentes familles chez des donneurs de sang Congolais. Nous avons aussi étudié l’épidémie de chikungunya ayant sévit en RC en 2011. Nos travaux ont permis de mettre en évidence des taux de séroprévalence élevés pour les pathogènes principaux incriminés: 47,2% pour Dengue, 27,8% pour Yellow fever, 24,4% pour West Nile, 38,8% pour Chikungunya et 7,9% pour Rift Valley fever. Ces taux de séroprévalence élevés prouvent la circulation de ces virus au Congo, bien qu’aucune épidémie n’ait été encore déclarée pour certains. Nous avons également isolé et caractérisé génétiquement une souche nommée "Brazza_MRS1", appartenant au lignage East Central and Southern African, issue de l’épidémie due au virus chikungunya de 2011. La RC a connu plusieurs épidémies dues au virus Ebola. Nous avons tenté de mieux caractériser la circulation des filovirus chez les donneurs de sang asymptomatiques par une étude de séroprévalence. Les taux de séroprévalence IgG anti Ebola virus, observés étaient de 2,5% en général (1,6% à Brazzaville, 4% à Pointe-Noire et 4% en milieux ruraux). Les facteurs de risques identifiés étaient l’exposition aux chauves-souris (p<0.001) et aux oiseaux (p = 0.04). Le taux de séroprévalence IgG anti Marburg virus était de 0,5%. / The Republic of Congo (RC) where our work took place is a Central African country, sharing borders with the Democratic Republic of Congo, Central African Republic, Gabon, Cameroon, and Angola (Cabinda). In these countries the circulation of arboviruses is documented. In RC, there was little or no documentation on arboviruses prior to our work. We conducted studies of arbovirus seroprevalence in Congolese blood donors for different virus families. We also studied the epidemic caused by the chikungunya virus that prevailed in RC in 2011.Our work have highlighted the high rate of seroprevalence for incriminated major pathogens: 47.2% for Dengue, 27.8% for Yellow Fever, 24.4% for West Nile, 38.8% for Chikungunya and 7.9% for Rift Valley fever. These high seroprevalence rates indicate that these viruses actively circulate in Congo, although no epidemic has yet been reported for some viruses. We have also isolated and genetically characterized a strain named "Brazza_MRS1", belonging to the East Central and Southern African lineage, after the chikungunya epidemic in 2011. The RC has experienced several outbreaks caused by the Ebola virus. We have performed a filovirus seroprevalence study to attempt to better characterize the circulation of filoviruses in asymptomatic Congolese blood donors. The observed rate of seroprevalence of anti Ebola IgG was 2.5% overall (1.6% in Brazzaville, 4% in Pointe-Noire and 4% in rural areas). Identified epidemiological risk factors were the exposure to bats (p <0.001) and birds (p = 0.04). The seroprevalence rate of Marburg virus IgG was low (0.5%).

Dissertation (LLM)--University of Pretoria, 2013 / gm2015 / Centre for Human Rights / LLM / Unrestricted

Magister Legum - LLM

During the last decade reports of international personnel perpetrating acts of sexual exploitation and abuse against the very population in which they are mandated to protect are a disturbing outcome of some peace operations provided by the United Nations. Sexual exploitation and abuse have been a problem since the first peacekeeping operations in the beginning of 1990’s, however it was not until 2004 when the media reported disturbing acts of sexual abuse of children by French peacekeepers that the whole worlds eyes turned to these claims. This thesis will deal with a sensitive and relevant topic, sexual exploitation and abuse by United Nations peacekeepers. The purpose of this research is to understand and explain why United Nations peacekeepers are involved in the horrors which they seek to address.

Magister Legum - LLM / This study investigates the the impact of armed conflict on child education in the Democratic Republic of Congo. Naturally, armed conflict affects negatively on people‟s life. In particular, armed conflict affects the education of children as military groups attack schools, schools children and teachers. Ultimately, armed conflicts also affect the quality of education children receive during hostilities. In light of this, the study assesses how the Congolese government, in line with international and regional human rights obligations, responds to the educational needs of children affected by armed conflict.

Master of Public Health - MPH / The number of street children, in the Democratic Republic of Congo (DRC), is estimated at 70,000 and it increases each year. The President's Emergency Plan for AIDS Relief reported a 75.1% of street boys and 81.1% of street girls report multiple sex partners in DRC, thereby increasing their risk for transmission. Access to HIV treatment remains one of the challenges for the street children with HIV/AIDS. A study conducted in Lubumbashi and Kipushi in the Province of Haut Katanga, found that 78.2% of street children have no access to health care The District of Katuba as in other local districts in the province, has seen a growing number of street children in recent years. T

In considering how women navigate the complexity and gendered aspects of the artisanal mining industry, this study seeks to unpack women's labour at step one of the global supply chain of coltan, in the post-conflict context of eastern Democratic Republic of Congo (DRC). Female miners are largely excluded from mine work by blurry regulatory frameworks, gendered social norms and financial disparities, however they manage to remain active labourers in the artisanal mining industry. Within a broader socio-political context of poverty, political instability and rural livelihoods, women maintain access to mine work through strategies, often premised on a gendered solidarity, such as organizing into collectives, engaging in small group collaborations and employing creative ruses to maintain the secrecy of their labour. This thesis seeks to analyze women's exclusions from mine work and the subsequent strategies they employ to circumvent those exclusions and maintain work in the mines. Based on three months of ethnographic fieldwork at artisanal coltan mine sites in Masisi Territory in the province of North Kivu, this study employs ethnographic observations, focus group and interview methodologies.