Dissertation (LLM)--University of Pretoria, 2014. / gm2015 / Centre for Human Rights / LLM / Unrestricted

Magister Legum - LLM / This year marks 57 years since Organisation of African Unity (OAU) was formed on 25 May 1963 in Addis Ababa, Ethiopia. This year also marks 18 years since the African Union (AU) was formed on 9 July 2002 in Durban, South Africa. This year further marks 39 years since the adoption of the African Charter on Human and Peoples’ Rights (African Charter) was adopted on 27 June 1981 in Nairobi, Kenya. This was recorded as historic step towards the protection of human rights in Africa.

"Against the preceding background, the phenomenon of privatisation has come to be a particularly important factor with respect to the progressive realisation of the right to water. Privatisation is the process of transferring property from public ownership to private ownership or transferring management of a service or activity from government to the private sector There has been a rapid growth in the privatisation of essential services in many African states, based on the belief that the private sector can deliver growth and efficiency more effectively than the public sector. This supposition has not been borne out by the available evidence. Cote d'Ivorie was the first African state to privatise its water delivery system in 1960. Since then, over 18 major water contracts have been awarded by at least 14 African states, including Senegal and South Africa, to private concernts for the delivery of water. A host of other states are planning to or are already in the process of privatising their water delivery systems. The main impetus behind this spate of sometimes frenzied privatisation, has been the World Bank and the International Monetary Fund (IMF), who make the privatisation of public services or utilities an unavoidable condition for loans to African states. These two institutions have however, quite recently, come under serious pressure to fundamentally rethink the use of conditionality and have initiated a series of evaluations which are expected to result in some critical conclusions. This study aims to demonstrate through the two case studies of Senegal and South Africa that privatisation of water by African states can affect the process of 'progressive realisation' and may actually result in the violation of the right to water guaranteed under international human rights law. It investigates whether privatisation of water by African states affects the obligation of progressive realisation of the right to water. The choice of Senegal and South Africa is based on the fact that studies on the development and impact of water privatisation in both states have been carried out and futher whilst Senegal is an example of 'privatisation forced by the World Bank', South Africa is not. In addition, both states are parties to international human rights instruments that implicitly or explicitly guarantee the right to water. ... Chapter 2 will discuss the 'right to water' and the obligation of progressive ralisation with regard to the overall promotion and protection of economic, social and cultural rights. It will examine whether such a right actually exists under international human rights law, its nature and extent and the content of the obligation to progressively realise it. Chapter 3 will focus on the process of privatisation, its varous forms and the impetus for such a process. It will also explore arguments in support of, and against, privatisation. Chapter 4 will analyse the impact of privatisation on the obligation to progressively realise the right to water by looking at the situation pre- and post-privatisation. Some concluding remarks will be made in chapter 5." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / Prepared under the supervision of Prof. J. Oloka-Onyango at the Faculty of Law, Makerere University, Kampala, Uganda / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Mozambique is faced with severe poverty and this study examines what are the main legal and institutional challenges to the implementation and enforcement of socio-economic rights in Mozambique. The author looks at how contributions can be made to the improvement of promotion, protection, and fulfilment of socio-economic rights as well as the improvement of the rule of law and good governance in Mozambique. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of K.K.K. Ampofo of the Faculty of Law, University of Ghana, Legon. / Thesis (LLM (Human Rights and Democratisation in Africa))-- University of Pretoria, 2009. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Social Economic Rights are included in the South African Constitution (the Constitution) as justiciable rights. This study critically examines the added benefits and implications for South Africa to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR). Explores some key laws, policies and case law which would give a clear picture as to where South Africa stands in its delivery of Social Economic Rights and discusses some of the key areas of difficulties in the implementation and enforcement of Social and Economic Rights in South Africa. / A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Lilian Chenwi, Faculty of law, University of Western Cape, South Africa. / LLM Dissertation (Human Rights and Democratisation in Africa -- University of Pretoria, 2009. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

"The exclusive focus on the state-centric paradigm of IHRL fails to address the increasing number of an array of private (non-state) actors who may come into play in terms of violations of human rights. Therefore while this study proceeds from the premise that the state is the primary focus of IHRL, it will be argued that the state cannot certainly be deemed the sole bearer of responsibility for human rights violations in view of the increase in the number of potential violators. Consequently, the study aims to address three issues. Firstly, it seeks to investigate the increase in the number of violators of human rights to include non-state actors (particularly transnational (multinational) corporations TNCs) and the effect of this increase on the violations of ESCRs. While the discussion will focus on the accountability of private actors vis-à-vis the protection of ESCRs, the area of civil and political rights is considered no less important. The discussion takes cognisance of the indivisibility and inter-dependence of all human rights in the sense that no precise contours separating all human rights can be said to exist. Secondly, the study seeks to review the dominant approach to human rights including human rights treaties and other relevant instruments to assess their potential in asserting the human rights obligations (including, ESCRs obligations)) of non-state actors. Thirdly and with specific reference to the TNC as a non-state actor in the African context, the study seeks to investigate the challenges to the problem of implementing the accountability of TNCs through the IHRL framework and suggest ways of addressing these challenges. Central focus will be placed on the accountability of TNCs for human rights violations, particularly ESCRs. The choice of TNCs in this study is justified on account of the immense economic power wielded by these entities vis a vis the changing notion of state sovereignty as will be emphasized in chapter 2. At a more specific level, the case study on the problem of accountability of TNCs is narrowed down to an African context particularly for two reasons. Firstly, the problem of control of TNCs is highlighted more in the case of the weaker state in the African context. Secondly, the African Commission on Human and Peoples’ Rights’ recent decision in the SERAC case that forms the basis of the case study in chapter 4 brings into light within a human rights treaty monitoring framework, the challenges of TNC- accountability within the context of Africa." -- Chapter 1. / Prepared under the supervision of Professor Tobias van Reenen at the Faculty of Law, University of the Western Cape, Cape Town, South Africa / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2002. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"The interest in food and its impact on, and relationship with, overall development only came in the late 1990s with the World Food Summit in Rome in 1996. It was only in this period that "food insecurity" was pinpointed as the root cause of underdevelopment-related problems. The causes for "food insecurity" themselves were identified and lack of food as such was not among the first problems: discrimination, misconceived policies and many others were. Even then food security issues were linked with poverty reduction and development as a whole, making food mainly a development issue and thus considering that dealing with one meant dealing with the other. This led to the adoption of what we now call Poverty Reducation Strategy Papers, ideas that first were initiated in the late 1990s. The adoption of Poverty Reduction Strategy Papers came about as a result of the growing need for a concise, target-oriented and country-specific policy for development. They have as a key objective to "develop and implement more effective strategies to fight poverty". Still, these PRSPs are a result of long studies on "effective strategies" that stretch along many years. The what, why and when of PRSPs will be seen in detail in the following sections of this paper. One of the major areas in which most of the PRSPs focus upon, is the reduction of food insecurity. The objective of this paper is to assess just how effective these papers have been in doing so and what is the future, immediate and long term, of these papers. Is it enough to address food security issues along with poverty reduction strategies when the effectiveness of the strategies themselves is still in doubt? The paper seeks to answer this question. To this effect, the history of the right to food in the United Nations human rights system, as well as the African human right system, is outlined in greater datail. The right to food as it stands now and the current understanding of "right to food" is then set out. In order to show the relationship between food, poverty and poverty reduction strategy papers, the reasons and events preceding the creation of PRSPs will be summarized. The next step is to analyze whether PRSPs properly integrates the "current understanding" of food, food insecurity and right to food (why/why not?). In particular two examples of approaches to the right to food will be examined: the Ethiopian and the South African examples, in order to provide a comparison of two different approaches towards the implementation of the right to food: the PRSP approach as is the case in the Ethiopian example, and the monitoring, justiciability and human rights approach as in South Africa." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

In this study I investigate how and to what extent socio-economic rights litigation can be used as a pragmatic strategy in the struggle for social justice in South Africa. In response to arguments that litigation lacks potential to change the socio-economic conditions that poor people often contest, I examine its potential to create social transformation. My analysis is premised on the fact that the constitutional project promises to construct South African society among others on the pillar of social justice, where the potential of every individual to enjoy improved quality of life is guaranteed. However, I illustrate how apartheid legacy and the neo-liberal politics of the post-apartheid government have conspired to keep the poor in perpetual deprivation. While much has been achieved in terms of the provision of basic services, millions of South Africans continue to battle with escalating poverty, deprivation and inequalities in resource redistribution. Consequently, a number of academic commentaries on the post-apartheid experience have expressed uncertainty that the constitutional experiment will result in improve livelihood. In interrogating this claim I construct a theoretical analysis, from a socio-legal point of view, in which I explain the concept of socio-economic rights litigation. I examine the instrumental role of civil society, including the activism of social movements in converting political demands into legal claims framed in the language of socio-economic rights. I explain how recourse is had to the courts to challenge political conduct, to contest the unconstitutionality of state policies and to demand the fulfillment of political promises with the aim to achieve redistributive justice. In examining the context within which socio-economic rights litigation applies I identify three phases in its trajectory, which include a period of contestation, a first decade and a second decade of litigation. These phases illustrate significant trends that have developed in socio-economic rights litigation over the years. Thus I argue that socio-economic rights litigation has potential to engineer social transformation but that potential has not adequately been explored. Given the magnitude of socio-economic challenges that need to be redressed, I further argue that socio-economic rights litigation needs to be developed as a pragmatic strategy in the struggle to achieve social justice. To substantiate this argument I analyse the decisions of the Constitutional Court in Mazibuko, Modderklip, Abahlali baseMjondolo and Schubart Park to illustrate the practical dimensions how and to what extent litigating socio-economic rights has contributed to social transformation. Based on the analysis of the judgments, I identify certain determining and necessitating factors that either cause litigation to happen or facilitate the process. I then further examine some challenges and constraints that inhibit the potential of litigation with the aim to point out flaws that need to be overcome when planning future socio-economic rights litigation. I conclude by looking at prospects for the future of socio-economic rights litigation in driving not only social transformation but also in creating possibilities for the advancement of the law, the further development of jurisprudence on socio-economic rights as a pragmatic strategy in the broader commitment to achieve social justice. I argue that to develop the potential of litigation for social change entails developing a balanced jurisprudence that provides a forum for the prevalence of social justice to ensure that benefits accrue equitably to the poor. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Public Law / unrestricted

Magister Legum - LLM / This study explores the nexus between gender inequality and food security through the lens of female students at tertiary institutions in South Africa. It aims to highlight the gendered dimensions of the political, socio-economic and cultural structures contributing to South Africa’s national food crisis. In so doing, it argues that legislation on the right to food with specific gender considerations is essential for ensuring food security for female students on campuses in particular and women in general.

The Swedish welfare system is in transformation: while previously, a vast public sector has taken responsibility for welfare provision, non-governmental organizations (NGOs) are increasingly invited to participate as service providers in the past years. In a qualitative case study, this paper analyses in which ways three NGOs in Malmö perceive their role in the welfare system and by identifying challenges and prospects in the cooperation with the local government. Semi-structured interviews with representatives of the NGOs are analysed through the lens of the social investment discourse by using qualitative content analysis (QCA). Findings show that the perception of all respondents exceeds a substitutionary role of civil society in welfare provision, while two respondents emphasize the social responsibility of the state. The view of one respondent demonstrates a significant change in conventional civil society engagement towards the provision of professionally managed service work. Finally, the paper anticipates that the negotiation of social responsibility could change the understanding of socio-economic human rights as such.