<p>In this research, I present critical facts about Land Tenure Systems and Poverty Reduction processes in Mafela Resettlement community. I focus mainly on the Post-Fast Track Land Reform&nbsp / (2004 &ndash / 2011) period and the interactive processes in this new resettlement area. The research - premised on the rights approach - sought to explore land tenure rights systems and poverty&nbsp / reduction mechanisms seen by the Mafela community to be improving their livelihoods / it also sought to find out if there is evidence linking tenure rights to poverty reduction and how land tenure&nbsp / rights governance systems affect their livelihoods. Suffice to say in both the animal kingdom and human world, territorial space and integrity, its demarcation as well as how resources are used&nbsp / within the space, given the area - calls for a - defined&nbsp / system of rights by the residents themselves. Whilst it is true that there is no one story about Zimbabwe&rsquo / s land reform (Scoones et al 2011),&nbsp / the contribution of this research towards insights emanating from the newly resettled farmers adds another invaluable contribution in the realm of rural development issues. The oft rigidified&nbsp / perceptions about the land reform in Zimbabwe as having dismally failed draw contrasting findings from this research. The findings, themselves drawn mainly through interviews, seem to&nbsp / suggest that there are indeed improved livelihoods for resettled farmers more than what is generally believed from a distance. The perception that secure tenure rights (among other myths) determines livelihoods improvement also revealed otherwise with Mafela community. The resettlers&rsquo / dynamic socio-economic milieu presents opportunities and challenges which only the resettled farmers can solve if given adequate support and empowerment in terms of decision making processes. The power basis wielded by the war veterans and the culture of top-down&nbsp / decision making processes as lamented by the resettled farmers suggest that the evolution of resettlements is still far from over. This research therefore hopes to challenge its readers and other&nbsp / stakeholders to engage with issues and recommendations raised here in order for a rethink about land tenure rights and poverty reduction initiatives associated with the new resettlement areas&nbsp / in Zimbabwe in general.</p> <p>&nbsp / </p>

<p>The history of prison reform after 1994 was shaped by the relationship between governance and human rights standards / the requirements for both are set out in the Constitution and elaborated on in the Correctional Services Act. Good governance and human rights converge in five dimensions of a constitutional democracy: legitimacy, transparency, accountability, the rule&nbsp / of law / and resource utilisation. The new constitutional order established a set of governance and rights requirements for the prison system demanding fundamental reform. It de-legitimised the existing prison system and thus placed it in a crisis. This required its reinvention to establish a system compatible with constitutional demands. The thesis investigates whether&nbsp / constitutionalism provided the necessary transformative basis for prison reform in South Africa after 1994. The Department of Correctional Services (DCS) senior management failed to&nbsp / anticipate this in the period 1990 to 1994. In the five years after 1994 senior management equally failed to initiate a fundamental reform process. This lack of vision, as well as a number of external factors relating to the state of the public service in the period 1994 to 2000, gave rise to a second crisis: the collapse of order and discipline in the DCS. By the late 1990s the state had lost control of the DCS and its internal workings can be described as a mess &ndash / a highly interactive set of problems in causal relationships. In many regards the problems beleaguering the prison system were created in the period 1994 &ndash / 1999. The leadership at the time did not recognize that the prison system was in crisis or that the crisis presented an opportunity for&nbsp / fundamental reform. The new democratic order demanded constitutional and political imagination, but this failed to materialise. Consequently, the role and function of imprisonment within the&nbsp / criminal justice system has remained fundamentally unchanged and there has not been a critical re-examination of its purpose, save that the criminal justice system has become more punitive. Several investigations (1998-2006) into the DCS found widespread corruption and rights violations. Organised labour understood transformation primarily as the racial transformation of the staff corps and embarked on an organised campaign to seize control of management and key positions. This introduced a culture of lawlessness, enabling widespread corruption. w leadership by 2001 and facing pressure from the national government, the DCS responded to the situation by focusing on corruption and on regaining control of the Department. A number of&nbsp / gains have been made since then, especially after 2004. Regaining control of the Department focused on addressing systemic weaknesses, enforcing the disciplinary code and defining a&nbsp / new employer-employee relationship. This has been a slow process with notable setbacks, but it continues to form part of the Department&rsquo / s strategic direction. It is concluded that the DCS&nbsp / has engaged with and developed a deeper understanding of its constitutional obligations insofar as they pertain to governance requirements in the Constitution. However, compliance with&nbsp / human rights standards had not received the same attention and areas of substantial non-compliance remain in violation of the Constitution and subordinate legislation. Overcrowding,&nbsp / violations of personal safety, poor services and/or lack of access to services persist. Despite the detailed rights standards set out in the Correctional Services Act, there is little to indicate that&nbsp / legislative compliance is an overt focus for the DCS. While meeting the minimum standards of humane detention, as required by the Constitution, should have been the strategic focus of the&nbsp / DCS in relation to the prison population, the 2004 White&nbsp / Paper defines &ldquo / offender rehabilitation&rdquo / as the core business of the DCS. In many regards the DCS has assigned more prominence&nbsp / and weight to the White Paper than to its obligations under the Correctional Services Act. In an attempt to legitimise the prison system, the DCS defined for itself a goal that is required neither&nbsp / by the Constitution nor the Correctional&nbsp / Services Act. Compliance with the minimum standards of humane detention must be regarded as a prerequisite for successful interventions to reduce&nbsp / future criminality. After&nbsp / seven years, delivery results on the rehabilitation objective have been minimal and not objectively measurable. The noble and over-ambitious focus on rehabilitation at&nbsp / policy level distracted the DCS from its primary constitutional obligation, namely to ensure safe and humane custody under conditions of human dignity Throughout the period (1994 to 2012)&nbsp / the DCS has been suspicious if not dismissive of advice, guidance and at times orders (including court orders) offered or given by external&nbsp / stakeholders. Its relationship with civil society&nbsp / &nbsp / &nbsp / &nbsp / organisations remain strained and there is no formal structure for interaction. Since 2004 Parliament has reasserted its authority over the DCS, not hesitating to criticise poor decisions and&nbsp / sub-standard performance. Civil society organisations have increasingly used Parliament as a platform for raising concerns about prison reform. Litigation by civil society and prisoners has&nbsp / also been used on a growing scale&nbsp / to ensure legislative compliance. It is concluded that prison reform efforts needs to refocus on he rights requirements set out in the Correctional Services&nbsp / Act and approach this task in an inclusive, transparent and accountable manner.&nbsp / &nbsp / </p>

<p>In this research, I present critical facts about Land Tenure Systems and Poverty Reduction processes in Mafela Resettlement community. I focus mainly on the Post-Fast Track Land Reform&nbsp / (2004 &ndash / 2011) period and the interactive processes in this new resettlement area. The research - premised on the rights approach - sought to explore land tenure rights systems and poverty&nbsp / reduction mechanisms seen by the Mafela community to be improving their livelihoods / it also sought to find out if there is evidence linking tenure rights to poverty reduction and how land tenure&nbsp / rights governance systems affect their livelihoods. Suffice to say in both the animal kingdom and human world, territorial space and integrity, its demarcation as well as how resources are used&nbsp / within the space, given the area - calls for a - defined&nbsp / system of rights by the residents themselves. Whilst it is true that there is no one story about Zimbabwe&rsquo / s land reform (Scoones et al 2011),&nbsp / the contribution of this research towards insights emanating from the newly resettled farmers adds another invaluable contribution in the realm of rural development issues. The oft rigidified&nbsp / perceptions about the land reform in Zimbabwe as having dismally failed draw contrasting findings from this research. The findings, themselves drawn mainly through interviews, seem to&nbsp / suggest that there are indeed improved livelihoods for resettled farmers more than what is generally believed from a distance. The perception that secure tenure rights (among other myths) determines livelihoods improvement also revealed otherwise with Mafela community. The resettlers&rsquo / dynamic socio-economic milieu presents opportunities and challenges which only the resettled farmers can solve if given adequate support and empowerment in terms of decision making processes. The power basis wielded by the war veterans and the culture of top-down&nbsp / decision making processes as lamented by the resettled farmers suggest that the evolution of resettlements is still far from over. This research therefore hopes to challenge its readers and other&nbsp / stakeholders to engage with issues and recommendations raised here in order for a rethink about land tenure rights and poverty reduction initiatives associated with the new resettlement areas&nbsp / in Zimbabwe in general.</p> <p>&nbsp / </p>

<p>The history of prison reform after 1994 was shaped by the relationship between governance and human rights standards / the requirements for both are set out in the Constitution and elaborated on in the Correctional Services Act. Good governance and human rights converge in five dimensions of a constitutional democracy: legitimacy, transparency, accountability, the rule&nbsp / of law / and resource utilisation. The new constitutional order established a set of governance and rights requirements for the prison system demanding fundamental reform. It de-legitimised the existing prison system and thus placed it in a crisis. This required its reinvention to establish a system compatible with constitutional demands. The thesis investigates whether&nbsp / constitutionalism provided the necessary transformative basis for prison reform in South Africa after 1994. The Department of Correctional Services (DCS) senior management failed to&nbsp / anticipate this in the period 1990 to 1994. In the five years after 1994 senior management equally failed to initiate a fundamental reform process. This lack of vision, as well as a number of external factors relating to the state of the public service in the period 1994 to 2000, gave rise to a second crisis: the collapse of order and discipline in the DCS. By the late 1990s the state had lost control of the DCS and its internal workings can be described as a mess &ndash / a highly interactive set of problems in causal relationships. In many regards the problems beleaguering the prison system were created in the period 1994 &ndash / 1999. The leadership at the time did not recognize that the prison system was in crisis or that the crisis presented an opportunity for&nbsp / fundamental reform. The new democratic order demanded constitutional and political imagination, but this failed to materialise. Consequently, the role and function of imprisonment within the&nbsp / criminal justice system has remained fundamentally unchanged and there has not been a critical re-examination of its purpose, save that the criminal justice system has become more punitive. Several investigations (1998-2006) into the DCS found widespread corruption and rights violations. Organised labour understood transformation primarily as the racial transformation of the staff corps and embarked on an organised campaign to seize control of management and key positions. This introduced a culture of lawlessness, enabling widespread corruption. w leadership by 2001 and facing pressure from the national government, the DCS responded to the situation by focusing on corruption and on regaining control of the Department. A number of&nbsp / gains have been made since then, especially after 2004. Regaining control of the Department focused on addressing systemic weaknesses, enforcing the disciplinary code and defining a&nbsp / new employer-employee relationship. This has been a slow process with notable setbacks, but it continues to form part of the Department&rsquo / s strategic direction. It is concluded that the DCS&nbsp / has engaged with and developed a deeper understanding of its constitutional obligations insofar as they pertain to governance requirements in the Constitution. However, compliance with&nbsp / human rights standards had not received the same attention and areas of substantial non-compliance remain in violation of the Constitution and subordinate legislation. Overcrowding,&nbsp / violations of personal safety, poor services and/or lack of access to services persist. Despite the detailed rights standards set out in the Correctional Services Act, there is little to indicate that&nbsp / legislative compliance is an overt focus for the DCS. While meeting the minimum standards of humane detention, as required by the Constitution, should have been the strategic focus of the&nbsp / DCS in relation to the prison population, the 2004 White&nbsp / Paper defines &ldquo / offender rehabilitation&rdquo / as the core business of the DCS. In many regards the DCS has assigned more prominence&nbsp / and weight to the White Paper than to its obligations under the Correctional Services Act. In an attempt to legitimise the prison system, the DCS defined for itself a goal that is required neither&nbsp / by the Constitution nor the Correctional&nbsp / Services Act. Compliance with the minimum standards of humane detention must be regarded as a prerequisite for successful interventions to reduce&nbsp / future criminality. After&nbsp / seven years, delivery results on the rehabilitation objective have been minimal and not objectively measurable. The noble and over-ambitious focus on rehabilitation at&nbsp / policy level distracted the DCS from its primary constitutional obligation, namely to ensure safe and humane custody under conditions of human dignity Throughout the period (1994 to 2012)&nbsp / the DCS has been suspicious if not dismissive of advice, guidance and at times orders (including court orders) offered or given by external&nbsp / stakeholders. Its relationship with civil society&nbsp / &nbsp / &nbsp / &nbsp / organisations remain strained and there is no formal structure for interaction. Since 2004 Parliament has reasserted its authority over the DCS, not hesitating to criticise poor decisions and&nbsp / sub-standard performance. Civil society organisations have increasingly used Parliament as a platform for raising concerns about prison reform. Litigation by civil society and prisoners has&nbsp / also been used on a growing scale&nbsp / to ensure legislative compliance. It is concluded that prison reform efforts needs to refocus on he rights requirements set out in the Correctional Services&nbsp / Act and approach this task in an inclusive, transparent and accountable manner.&nbsp / &nbsp / </p>

Magister Philosophiae (Land and Agrarian Studies) - MPhil(LAS) / In this research, I present critical facts about Land Tenure Systems and Poverty Reduction processes in Mafela Resettlement community. I focus mainly on the Post-Fast Track Land Reform (2004 ; 2011) period and the interactive processes in this new resettlement area. The research - premised on the rights approach - sought to explore land tenure rights systems and poverty reduction mechanisms seen by the Mafela community to be improving their livelihoods; it also sought to find out if there is evidence linking tenure rights to poverty reduction and how land tenure rights governance systems affect their livelihoods. Suffice to say in both the animal kingdom and human world, territorial space and integrity, its demarcation as well as how resources are used within the space, given the area - calls for a - defined system of rights by the residents themselves. Whilst it is true that there is no one story about Zimbabwens land reform (Scoones et al 2011) the contribution of this research towards insights emanating from the newly resettled farmers adds another invaluable contribution in the realm of rural development issues. The oft rigidified perceptions about the land reform in Zimbabwe as having dismally failed draw contrasting findings from this research. The findings, themselves drawn mainly through interviews, seem to suggest that there are indeed improved livelihoods for resettled farmers more than what is generally believed from a distance. The perception that secure tenure rights (among other myths) determines livelihoods improvement also revealed otherwise with Mafela community. The resettlers dynamic socio-economic milieu presents opportunities and challenges which only the resettled farmers can solve if given adequate support and empowerment in terms of decision making processes. The power basis wielded by the war veterans and the culture of top-down decision making processes as lamented by the resettled farmers suggest that the evolution of resettlements is still far from over. This research therefore hopes to challenge its readers and other stakeholders to engage with issues and recommendations raised here in order for a rethink about land tenure rights and poverty reduction initiatives associated with the new resettlement areas in Zimbabwe in general. / South Africa

The thesis answers the following research question: what is the extent of the influence of international law on the construction and application of corporate codes of conduct, what factors determine this influence and through which processes does it occur? The thesis uses a mix of methods: a content analysis study, used to measure the extent to which codes of conduct incorporate international labour standards and the degree to which they have changed over time in this respect; legal research on whether corporations can be liable for violating their codes and how this risk factors in the drafting of codes; and case studies of fifteen retailer corporations, which examine how their codes were created and how they are being applied. The study's findings show there is an influence of international law on the construction and, to a far smaller degree, on the application of codes. The creation and application of codes is a politicised and contested process and codes are based on international law principally due to the pressure exerted by trade unions and NGOs, but also due to reputational risk, commercial pressure and mimicry by corporations. This influence has been selective, with corporations applying provisions in their codes that protect the rights carrying the biggest reputational risks. These findings show the flaws in the current international framework for corporate accountability, which is based on self-regulation through codes and audits. They also raise issue of whether changes, such as a binding international treaty or the creation of more collaborative and inclusive programmes to oversee the application of codes, may be required in order to ensure wider respect for labour rights of workers.

This thesis considers the extent to which the International Criminal Court's Office of the Prosecutor ('OTP') has been successful in realising its self-defined mandate of ending impunity in Kenya. In particular, it focuses on the OTP's attempts to encourage domestic investigations and prosecutions as part of its strategy of positive complementarity. This strategy has been hailed as being the best and perhaps the only way that the OTP may use its finite resources to make a significant contribution to ending impunity. Despite this, no empirical study has been published that evaluates the effectiveness of this strategy and the impact that it has on ending impunity in the targeted situation country. This thesis seeks to address this gap in the literature by conducting a case study on the OTP's implementation of its strategy of positive complementarity in Kenya following that country's post-election violence in 2007/08. In doing so, I also hope to make a modest contribution to existing debates over the effectiveness of the ICC as an institution as well as international criminal justice and transitional justice more generally.