京都大学 / 0048 / 新制・課程博士 / 博士(文学) / 甲第20109号 / 文博第734号 / 新制||文||643(附属図書館) / 京都大学大学院文学研究科行動文化学専攻 / (主査)教授 吉田 豊, 教授 吉田 和彦, 准教授 千田 俊太郎 / 学位規則第4条第1項該当 / Doctor of Letters / Kyoto University / DGAM

This study examines the role of customary courts in the delivery of justice in South Sudan. In doing so, it analyses the legal background, the hierarchy and composition of the customary courts. The considerations behind the constitutional recognition of the customary law courts in the current constitutional dispensation and the jurisdiction of customary courts are limited to customary matters and only criminal cases with a customary interface. It is noted that the customary Judges do not only exercise judicial functions but also play executive and legislative functions which contravene the constitutional principle of separation of powers. Reconciliation and compensation are noted as the major principles applied in the customary law courts. The major concern is that most practices in the customary law courts violate fundamental human rights. / Public, Constitutional and International Law / LLM

This study examines the role of customary courts in the delivery of justice in South Sudan. In doing so, it analyses the legal background, the hierarchy and composition of the customary courts. The considerations behind the constitutional recognition of the customary law courts in the current constitutional dispensation and the jurisdiction of customary courts are limited to customary matters and only criminal cases with a customary interface. It is noted that the customary Judges do not only exercise judicial functions but also play executive and legislative functions which contravene the constitutional principle of separation of powers. Reconciliation and compensation are noted as the major principles applied in the customary law courts. The major concern is that most practices in the customary law courts violate fundamental human rights. / Public, Constitutional and International Law / LL. M.

MA (Political Science) / Department of Development Studies / This study focuses on the politics of conflict resolution, paying special attention to the role of the international community in resolving the political crisis in South Sudan. The current political crisis in South Sudan has historical connections that date back to the time when Sudan was granted independence by the British government in 1956.These historical antecedents paved the way for the current political crisis which started on December 2013. The study is guided by the International Society Theory or the English School of Thought. The wisdom of the International Society Theory affirms international obligations bestowed on the members of the international community. According to this theory response to crisis of humanitarian nature such as the South Sudanese political crisis is part of the broader debate. Qualitative methods were used in this study because the researcher because they enabled the researcher to gain deeper insights on the research problem. All guidelines regarding ethical considerations were followed in order to avoid being biased and misinterpretation of information. Data were obtained from primary and secondary sources what sources. The study concludes that despite the involvement of many external actors, the conflict is still raging on due to a numbers of reasons such as, mistrust between the conflicting parties and lack of political will to resolve the conflict. Key words: Humanitarian intervention, Conflict, Nation-Building, Coup d’état, Conflict resolution, Horn of Africa, State formation, Responsibility to protect (R2P) / NRF

Malaria is a major public health problem in under developed countries especially countries undergoing war or conflict due to breakdown of health system and exposure of the vulnerable population through displacement. The knowledge, practice and attitude (KAP) of community members have direct influences on malaria preventive measures. A quantitative, explorative and descriptive study was conducted among rural communities of Mundri East County using interview schedules to ascertain malaria related knowledge, practices and attitude and the common factors hindering the malaria control measures at house hold level. Data were collected from 68 respondents from the randomly selected household through personal interviews using a pre-tested interview schedule which was analysed using the SPSS version 15 computer soft ware program. Most of the respondents demonstrated some understanding of malaria as a disease, its transmission, prevention and treatment, although there is a need to improve this through the preferable and acceptable community channels as well as the methods of accessing the modern and scientifically proved and acceptable methods. Given the relatively moderate acceptability of malaria control measures used by the participants in Mundri East County, there is need to conduct further research on the practical implemented measure including the local herbs used for preventive and treatment of malaria Understanding the factors that inhibits or promotes the malaria control measures at community level is necessary for better planning and implementation of malaria intervention programme, which keeps complex and sensitive matters such as educational background, religious and cultural beliefs, and political affiliations in mind. / Health Studies / M.A. (Public Health)

Malaria is a major public health problem in under developed countries especially countries undergoing war or conflict due to breakdown of health system and exposure of the vulnerable population through displacement. The knowledge, practice and attitude (KAP) of community members have direct influences on malaria preventive measures. A quantitative, explorative and descriptive study was conducted among rural communities of Mundri East County using interview schedules to ascertain malaria related knowledge, practices and attitude and the common factors hindering the malaria control measures at house hold level. Data were collected from 68 respondents from the randomly selected household through personal interviews using a pre-tested interview schedule which was analysed using the SPSS version 15 computer soft ware program. Most of the respondents demonstrated some understanding of malaria as a disease, its transmission, prevention and treatment, although there is a need to improve this through the preferable and acceptable community channels as well as the methods of accessing the modern and scientifically proved and acceptable methods. Given the relatively moderate acceptability of malaria control measures used by the participants in Mundri East County, there is need to conduct further research on the practical implemented measure including the local herbs used for preventive and treatment of malaria Understanding the factors that inhibits or promotes the malaria control measures at community level is necessary for better planning and implementation of malaria intervention programme, which keeps complex and sensitive matters such as educational background, religious and cultural beliefs, and political affiliations in mind. / Health Studies / M.A. (Public Health)

Thesis (MA)--Stellenbosch University, 2015. / ENGLISH ABSTRACT: This study analyses regionalism in Africa from a theoretical and an applied perspective. The purpose of the study is to contribute to the critical and reflectivist corpus of theories of regionalism. This field is dominated by rationalist theories that are largely preoccupied with formal inter-­‐state and market-­‐driven processes of regional integration. The rationalist theoretical hegemony in academia and politics serves to reinforce and reproduce neoliberal ideology informing global political economic practices. This study illustrates the limitations and normative assumptions of these orthodox frames and demonstrates the multidimensionality of regionalisation. The study applies a combination of three critical reflectivist theories: the World Order Approach, the New Regionalism Approach and the New Regionalisms Approach/Weave-­‐ world in an analysis of an ongoing regional oil and infrastructure project in East Africa called the Lamu Port, South Sudan and Ethiopia (LAPSSET) Corridor. The study’s primary research question investigates the extent to which oil production is driving the manifestation of (new) regionalism in East Africa, especially in terms of the LAPSSET Corridor, with secondary questions identifying the actors involved in this regionalisation, and what the theoretical framework reveals about the regionalisation in East Africa. After a review of some of the most influential theoretical contributions to the study of regions a critical reflectivist approach is suggested as an alternative to conventional rationalist theories. A broad historical overview of the East African region is elaborated with a focus on Uganda and Kenya, highlighting the social, cultural, political and economic evolution of the region before reflection on how forces of production relate to regime type in East Africa. Subsequently, a case study establishes an assessment of the historical and social construction of the LAPSSET Corridor. The objectives of the LAPSSET Corridor and its implementation mechanisms are scrutinised and viewed in comparison with its potential for inclusiveness of local participation and sustainable socio-­‐economic development. Two important conclusions can be drawn from this study. The first is that oil production is critical in the current regionalisation in East Africa. However, the nature of this regionalisation flows contrary to other regional motives. The second conclusion is that the anti-­‐reductionist and critical reflectivist approach is indeed essential to fully understand the variety of multi-­‐level factors of structures and agency that influence regionalism and regionalisation in East Africa. / AFRIKAANSE OPSOMMING: Hierdie studie analiseer regionalisme in Afrika vanaf ‘n teoretiese en ‘n toegepaste perspektief. Die doel van die studie is om by te dra tot die kritiese en reflektiwistiese liggaam van teorie oor regionalisme. Hierdie studieveld word gedomineer deur rasionalistiese teorieë wat meerendeels besig is met formele inter-­‐staat en markgedrewe prosesse van regionale integrasie. Die rasionele teoretiese hegemonie in akademia en politiek versterk en herproduseer sodanig neoliberale ideologie wat global politiek-­‐ekonomiese praktyk bepaal. Hierdie studie wys die beperkinge en normatiewe aannames van hierdie ortodokse beskouings uit, en ontbloot die multidimensionaliteit van regionalisering. Die studie pas ‘n mengsel van krities-­‐reflektivistiese teorieë toe: die Wêreldorde Benadering, die Nuwe Regionalisme Benadering, en die “Verweefde Wêreld” Benadering in ‘n analise van die regionale olie en infrastruktuurprojek in Oos-­‐ Afrika wat die “Lamu Port, South Sudan and Ehtiopia” (LAPSSET) Korridor genoem word. Die studie se primêre navorsingsvraag fokus op die mate waartoe olieproduksie die manifestering van (nuwe) regionalisme in Oos-­‐Afrika dryf, veral in terme van die LAPSSET Korridor, met sekondêre vrae om die akteurs te identifiseer wat betrokke is by hierdie regionalisering, en wat die teoretiese benadering blootlê aangaande die regionalisering in Oos-­‐Afrika. Na ‘n oorsig van die belangrikste teoretiese bydraes tot die studie van streke word ‘n krities-­‐reflekiwistiese benadering voorgestel as ‘n alternatief vir konvensionele rasionele teorieë. ‘n Breë historiese oorsig van die Oos-­‐Afrika streek word verskaf, met ‘n fokus op Uganda en Kenia, en dit beklemtoon die sosiale, kulturele, politieke en ekonomiese ontwikkeling van die streek voordat ‘n oordenking van hoe die magte van produksie betrekking het op regimetipe in Oos-­‐Afrika. Voorts verskaf die gevallestudie ‘n oorsig van die historiese en sosiale daarstel van die LAPSSET Korridor. Die doelwitte van die LAPSSET Korridor en sy implementeringsmeganismes word geëvalueer en beskou in vergelyking met sy potensiaal vir die insluiting van plaaslike deelname en volhoubare sosio-­‐ekonomiese ontwikkeling. Die studie maak twee belangrike gevolgtrekkings moontlik. Die eerste is dat olieproduksie krities belangrik is in die huidige regionalisering in Oos-­‐Afrika. Maar tog is die aard van die regionaliseringspatrone teenstrydig met ander streeksmotiverings. Die tweede gevolgtreking is dat die teen-­‐reduksionistiese en krities-­‐reflektiwistiese benaderings wel sentraal staan tot ‘n volle beskouing van die verskeidenheid van veelvlakkige faktore wat regionalisme en regionalisering in Oos-­‐Afrika beïnvloed.

Esse trabalho propõe-se a uma investigação histórica do longo processo que originou o Estado do Sudão do Sul, tornado independente em 2011 após plebiscito. Para tanto, buscamos traçar uma longa história do Sudão, do bilad al-sudan oriental aos dias atuais. Nos apoiamos, principalmente, em algumas obras da extensa historiografia do Sudão para desenhar esse quadro contextual de nosso objeto de estudo. Apresentado o palco, buscamos interpretar os eventos, as relações políticas e sociais e mudanças econômicas e culturais a afetar o Sudão, depois Sudão do Sul em sua intricada relação com seus vizinhos regionais e as potências globais. Terminamos nosso trabalho apresentando algumas notas e reflexões acerca de temas mais precisos, como “construção nacional”, “uso político da identidade étnica”, e o “papel das elites” no Sudão do Sul, dentre outras. / This work is the result of a historical investigation of the long process that originated the State of South Sudan, independent in 2011 after a national referendum. We sought to draw a long history of Sudan, from the eastern bilad al-sudan to modern days. We based our work mostly on some of the broad historiography on Sudan, from which to develop a contextual idea of our object of study. Having set the stage, we sought to interpret the events, political and social relations and economic and cultural changes that have affected Sudan and later South Sudan in their intrincate relation with regional neighbors and global powerhouses. Our work concludes presenting some observations ad reflections concerning specific issues, such “nation-building”, “political use of ethnic identity” and the “role of elites” in South Sudan, among others.

The question regarding what makes child trafficking persistent in conflict and post-war settings has been subject to intense debate. The human trafficking literature makes general conclusions that trafficking is a by-product of civil wars, and in the process child traffickers exploit the breakdown of the rule of law. As such it is perceived that the governance of the problem of child trafficking can be effective whenever peace and stability is realised and when legal frameworks for protecting children are in place. Prompted by these assertions, I conducted a field study in South Sudan, a country emerging from one of Africa’s longest running and most brutal civil wars fought between the government in Khartoum and Sudanese Peoples Liberation Movement/Army (SPLM/A). The Sudan’s civil wars ended after the signing of the Comprehensive Peace Agreement in 2005. Whilst the termination of the war raised expectations that the international anti-trafficking conventions, treaties and customary laws protecting children would have enforcement powers and would guarantee the rights and safety of the child, the peace failed to deliver on these expectations. Based on empirical data obtained through an intensive micro-level qualitative research conducted in South Sudan over three months, the research findings reveal that a number of challenges pose serious difficulties in enforcing international counter-trafficking legislations and child protection instruments. These challenges are compounded by the interplay of the emerging socio-economic and political development in the post-independent South Sudan.

The study focuses on the north and south Sudan conflict and seeks to investigate the continuing threats to a return to war between the two parties since the 2005 Sudan Comprehensive Peace Agreement (CPA) and after the independence of South Sudan. The study critically analyses the CPA and investigates the dilemmas faced by the two Sudans and examines the conflict resolution/transformation process. This thesis relies on data generated from key informant interviews and archival data as primary sources; complemented by secondary sources of data obtained from books, journals, research documents and relevant literature on the area. The study analyses the background of the north-south Sudan conflict, analysis of the CPA, implications of the negotiation, mediation and the implementation processes of the CPA and the referendum, post-referendum, the post-independence issues and the conflict resolution efforts. These are discussed in order to find the reasons as to why the CPA emerged as it did and its effectiveness. The study uses the concept of the conflict resolution/transformation approaches and their methods (mediation, negotiation and peacebuilding), the Galtung ABC theory and the Liberal peace theory as tools to guide the study in order to measure the data collected from the field. The results of the analysis suggest that history, the mediation and the negotiation process viewed to have been narrow and non-inclusive, the content of the CPA itself, the problems of the previous processes before the referendum, the referendum of Southern Sudan and the Abyei referendum failure provided the basis of the origins of the post-referendum and the post-independence issues. These issues are responsible for the dilemmas faced by the two states and eventually the tensions and the threats to a return to war which exist up to the present. All these issues lie at the heart of the difficulties of the conflict resolution process and the relationship problem of North and South Sudan. However, the 2005 CPA had partial success in that it achieved partial negative peace which in turn led to the separation of north and south Sudan.