No abstract available. / Thesis (LLD)--University of Pretoria, 2010. / Centre for Human Rights / unrestricted

Compared to the more “traditional” Civil or socio-economic rights, which are regarded as being held by individuals; the notion that communities can also be holders of particular rights is still relatively new. And yet, the suffering inflicted on customary communities by states, corporations and even individuals dates back to the colonial modes of production, wherein colonial authorities would extract raw materials from colonies. This being the case, it is important for any modern system for the protection of human rights – especially on the African continent - to take the unique circumstances of communities adversely affected by extractive industries into account. It is with this in mind, that my dissertation aims to offer an in depth analysis of the legal relationship between the interests of extractive projects and the rights of communities affected by such projects. As I am writing from a South African context, a significant percentage of my research is concerned with how this relationship plays out in South Africa – with particular attention being paid to the cases of: the Xolobeni Community1 in the rural Eastern Cape, the Bakgatla Ba Kgafela in the North West2 and the Somkhele Community in Kwa-Zulu Natal3 . However, I do also address the broader context by spending an entire chapter dealing with the international, regional and sub-regional mechanisms which can have an impact on the rights of mining affected communities. I also spend a significant part of my research arguing in favour of the standard of Free, Prior and Informed Consent as the minimum standard of community involvement in the decision making process relating to project that might affect them (colloquially known as “FPIC”). These arguments are based on the findings of a number of theorists and legal practitioners who have found that the lack of FPIC is one of the most significant stumbling blocks for the promotion and protection of the rights of mining affected and other marginalised communities. It is my hope that this research will serve as the basis for discussions around these issues in academia and practice with the end goal of advancing the rights of communities affected by mining or other extractive operation.

The work tackles the social challenge of energy poverty through a human rights lens. Specifically focusing on Zambia, the work analyses how access to electricity features in international human rights instruments that Zambia is party to. It further assesses how this incorporation can be employed to address the rife energy poverty. While there lies great potential in mobilising the human rights framework to hold the Zambian government to its international obligation of securing electricity services to its citizens, for optimum results, there is need for some changes. Noteworthy is the domestication of international human rights instruments that have incorporated 'access to electricity'; full implementation of domesticating legislation and consistent engagement with the state reporting process. / Mini Dissertation (LLM (Multidisciplinary Human Rights))--University of Pretoria, 2021 / Queen Elizabeth Commonwealth Scholarship(QECS) / Centre for Human Rights / LLM (Multidisciplinary Human Rights) / Unrestricted

The international human rights system has formalised the evolution and normalisation of equal dignity for every human being. Human dignity as a core value is – as a right itself, or even as a principle – the foundation of human rights. Although existing social norms in the African context seem to dictate where and when the principle of human dignity should or should not be applied, the very existence of the African human rights system emphasizes that this concept is inherent in every human being and entails that states have a positive obligation to progressively realise it through its instruments. This research dissertation evaluates the inclusion of the rights of gender and sexual minorities within the African human rights system by giving a general understanding of this system’s normative and institutional frameworks, by inquiring into this system’s approach to gender and sexual minorities’ issues, and the extent to which this approach has been inclusive in realising their rights. The central argument in this dissertation is that the inclusion of gender and sexual minorities’ rights within the African human rights system is still hindered by various challenges even if progressive steps in advancing their rights within this system’s normative and institutional frameworks are noticeable. This research finds that gender and sexual minorities are rights-holders when it comes to normative frameworks of the African human rights system. The research also finds that even if the African Commission on Human and Peoples’ Rights has been pro-active in advancing the rights of gender and sexual minorities and leading the way for other human rights institutions within the African human rights system, its institutional independence has been questioned when it comes to advancing the rights of gender and sexual minorities. The research also contends that challenges that hinder the effective inclusion of the rights of gender and sexual minorities within the African human rights system are based on outdated principles and do not reflect the current realities experienced by African people. This paper concludes that the ideal of an all-inclusive African human rights system must be inclusive of and advance the rights of gender and sexual minorities. / Mini Dissertation (LLM (Human rights and Democratisation in Africa))--University of Pretoria, 2021. / Centre for Human Rights / LLM (Human rights and Democratisation in Africa) / Unrestricted

Melanin deficiency in persons with albinism predisposes them to significant health risks. Persons with albinism have varying degrees of low vision, and skin cancer has been identified as the primary cause of morbidity and mortality in this population, especially in Sub-Saharan Africa. In addition, persons with albinism face mental health issues due to discrimination, stigma, marginalisation and social exclusion. This study relied on a review of relevant national and international legal instruments, journal articles and media reports to assess the legal and institutional arrangements to respect, promote, protect and fulfil the right to health in Ghana and examine their conformity to the right to health of persons with albinism under international human rights law. The study showed that a lack of information and scientific understanding of the condition leads to myths, misconceptions and prejudices, fuelling discrimination, stigma, marginalisation and social exclusion. Consequently, these social factors negatively impact the level of participation of persons with albinism in decision making in all aspects of life including, political, social, civic and cultural life, with consequential effects on their access to healthcare. As a result, the study recommends legislative and administrative measures, provision of reasonable accommodation, and access to information to promote, protect and fulfil the rights to health of persons with albinism in Ghana in line with international human rights laws. / Mini Dissertation (MPhil (Human Rights and Democratisation in Africa))-University of Pretoria, 2021. / University of Pretoria / Centre for Human Rights / MPhil (Human Rights and Democratisation in Africa) / Unrestricted

Despite their critical role in consolidating Malawi’s democracy and human rights culture, the operating environment for HRDs remains hostile and ‘obstructed’. HRDs have constantly been a target of violent attacks by state and political agents. The state has also often times used criminal laws to subject HRDs to judicial harassment including arbitrary arrests, and prosecution on trumped-up charges. Since independence, there has been constant crackdown on fundamental rights including the rights to freedom of association, assembly, and expression as well as right to personal safety and security, privacy and dignity. Despite a constitutional bill of rights, it can be dangerous to be an HRD in Malawi. In response to growing hostility and the risks faced by HRDs across the globe, the United Nations (UN) General Assembly in 1999 adopted the ‘Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedoms’ (UN Declaration on HRDs). This Declaration guarantees fundamental rights for HRDs including rights to freedom of expression, security, association and assembly. These rights are critical enablers for the effective operations of HRDs. Furthermore, the UN Declaration on HRDs reinforces the duty of the states to protect HRDs. Since its adoption, various national, regional and global instruments and mechanisms have emerged to guarantee protection of HRDs. At the national level, Malawi has different mechanisms and instruments that deal with various aspects of human rights, including the legislation and state organs such as the Malawi Human Rights Commission (MHRC), Office of the Ombudsman, Courts, Malawi Police Service, and Legal Aid Bureau. However, little is known about the extent to which the national human rights protection frameworks guarantee the rights of HRDs in Malawi. There is a dearth of academic literature, documentation and recent data at national level about Malawi’s protection mechanisms for HRDs. Thus, this study seeks to contribute to the scholarly work about the protection of HRDs in Malawi. The study investigates the situational analysis of HRDs in Malawi drawing the challenges faced by HRDs and their potential impact on their work. Secondly, it examines the regional and global human rights legal framework on protection of HRDs. Furthermore, the study analyses the national mechanisms for protection of HRDs in Malawi, drawing attention to legal, policy and institutional frameworks. Finally, the study presents the conclusion and recommendations. / Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2021. / Centre for Human Rights / LLM (Human Rights and Democratisation in Africa) / Unrestricted

The EU is well-known for its policy of externalisation, that is, shifting the migration control away from its own borders (as a second, destination country) and towards third countries. This practice challenges human rights law. The thesis addresses the meaning and development of the border externalization. Furthermore, it explains how the migration policies are impacting migrants' and refugees' human rights. Finally, the thesis argues that states can be held responsible for the human rights violations happening due to the EU's policy of externalisation. Thus, overall, the thesis is concerned with the EU migration control and its member states and the human rights situation in Libya. The migration policies have changed in the past to new forms of non-entrée in which the border control is carried out by the authorities of the state of origin or transit. This is, because the early non-entrée practices were legally challenged, and did not protect European states from legal accountability. By funding the Libyan Coast Guards and entering agreements with a politically unstable country that also has a poor human right record, the EU and its member states are supporting the violations of migrants' and refugees' rights. These violations range from breaches of the right to life, the right to seek and enjoy asylum, the principle of non-refoulment, the right against torture and ill-treatment, the right to liberty, and the right to remedy. The violations are especially grave in migration-related detention in Libya where detainees experience inhuman living conditions and abuse. The thesis argues that the EU and its member states, particularly Italy due to the special cooperation between the Italian and Libyan authorities, are in breach of international as well as European law. The thesis concludes that state responsibility follows from Article 16, 17, and 47 ARSIWA are violated as well as Article 3 ECHR.

Worldwide, pretrial detention is overused such that in some countries like Nigeria, awaiting trial detainees (ATDs) far outnumber convicted prisoners. Detained for months and sometimes years, ATDs in Nigeria are housed in deplorable and seriously overcrowded detention facilities and some are routinely tortured despite being presumed innocent until proved guilty. The study assessed the question whether Nigeria is measuring up to its international and regional obligations in protecting ATDs’ human rights especially the right to be presumed innocent until proved guilty and the right against torture and other ill-treatment. Based on a desktop research method, the study found that pretrial detention is overused in Nigeria contrary to the international and regional human rights standards which specifically require that pretrial detention should be used sparingly and only as a matter of last resort. The study traced the root causes of prolonged pretrial detention in Nigeria to the paucity of alternatives, the practice of holding charge and the delay in the administration of justice. The study recommended the enactment of a specific law on pretrial detention which will provide adequate alternatives to pretrial detention such as bail and bond, release on personal recognizance, restrictive measures and electronic monitoring, among others. It also suggested the use of decriminalisation and diversionary system and that a timeline should be stipulated for criminal prosecution. / Mini Dissertation (LLM)--University of Pretoria, 2021. / The European Union through the Global Campus of Human Rights and the Royal Norwegian Embassy in Pretoria, South Africa / Centre for Human Rights / LLM / Unrestricted

The effects of the historical exclusion of African women from positions of leadership as well as the public/private dichotomy have led to a phenomenon in which women are underrepresented in decision-making bodies. The judiciary is one of such bodies. The purpose of the research is to study the impact of women’s representation on decisions of the African Union’s human rights bodies, that is, the African Commission on Human and Peoples’ Rights, the African Committee on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights. In determining the implications of gender on decisions adopted by the African Union’s human rights bodies, the dissertation adopts a qualitative research methodology as well as a desk review of the existing literature surrounding feminist judging. The dissertation adopts a critical analysis of selected cases before the African Union’s human rights bodies to assess the impact of inclusion of more women. The cases selected are those focused on gross violations of women’s rights on the continent. Key research findings of the study reveal that with the inclusion of women, there is progression of the African Union’s human rights bodies towards becoming more gender-specific, through their processes, reasoning, recommendations and framing of the language around the gross violations of women’s rights. Implications of these findings is that the African Union’s human rights is that the inclusion of women is not only beneficial to female victims but to every complaint before any of the African Union human rights bodies. The findings also highlight the importance of integration of women into decision-making bodies and how such integration and substantive representation influences institutional outcomes. / Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2021. / Centre for Human Rights / LLM (Human Rights and Democratisation in Africa) / Unrestricted

This mini-dissertation interrogates the jurisprudence on gender-based violence (GBV) by the African Court on Human and Peoples' Rights and the African Commission on Human and Peoples' Rights. With African feminisms in the 21st century as the conceptual framework, the jurisprudence is assessed for its attention to the gendered aspects of GBV. / Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2021. / Centre for Human Rights / LLM (Human Rights and Democratisation in Africa) / Unrestricted