Magister Administrationis - MAdmin / The African continent has over the past 40 years witnessed a continued scourge of violent conflict and human rights abuses. These conflicts have significantly undermined the social, political, and economic prosperity of African citizens. Additionally, women and children are particularly affected by these conflicts. Women and children are regarded as ‘the most vulnerable’ as they often become the targets of sexual abuse by the enemy. The African Union (AU) is primarily responsible for the resolution of conflicts on the continent. It professes to be committed to the prevention of human rights abuses and the protection of African women (and children) during armed conflicts. It has thus developed an array of mechanisms, protocols, and instruments to address the exploitation and sexual abuse of women during conflict periods. These instruments include: The Constitutive Act of the AU (2000); The Solemn Declaration of Gender Equality in Africa (2003); the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa- ACHPRWA (2004); and the Protocol relating to the Peace and Security Council. In this research project, I consider whether the narratives used in these AU documents sufficiently and explicitly address the use of rape as a strategic weapon during armed conflicts; or whether these narratives inadvertently contribute to a culture that perpetuates war-time rape. My analysis shows that these AU documents deal with war-time rape in very vague and euphemistic terms. Although gender discrimination, sexual violence, exploitation, discrimination, and harmful practices against women are condemned, the delegitimization of rape as a weapon of war is not specifically discussed. This allows for varying interpretations of AU protocols, including interpretations which may diminish the severity of strategic rape. This has lead me to propose that the narratives used in these AU protocols and related documents draw on patriarchy, perpetuate patriarchy, and thus inadvertently perpetuates a culture that perpetuates the use of rape as a weapon of war

Si l’idée de la création d’une cour régionale de protection des droits de l’Homme remonte à 1961, elle ne s’est concrétisée qu’en 1998 avec l’adoption du protocole de Ouagadougou créant la Cour africaine des droits de l’Homme et des peuples. Cette juridiction vient compléter le mandat de la Commission africaine des droits de l’Homme et des peuples. Elle s’inscrit dans la lignée de ses homologues européenne et américaine et joue un rôle essentiel dans l’effectivité de la protection régionale des droits de l’Homme. De ce fait, l’étude de cette juridiction à la lumière de l’expérience européenne a pour but de mettre en exergue les particularités de cette cour tout en démontrant qu’elle a su adapter les standards internationaux en la matière, particulièrement les normes découlant du procès équitable. Il reste toutefois que sa compétence demeure ainsi singulière à bien des égards. Les États africains ont fait preuve de pragmatisme dans l’établissement de cette cour et n’ont pas opéré un mimétisme aveugle avec le modèle de la CEDH. Depuis son premier arrêt en 2009, la cour africaine a rendu des arrêts au fond qui apportent des précisions utiles tant sur les questions d’ordre procédural que sur le contenu des droits protégés. Cependant, elle reste confrontée à des défis qui menacent son avenir. La cristallisation des relations avec la CPI et l’incertitude de la création d’une cour africaine de justice et des droits de l’homme sont manifestement problématiques. La multiplicité des juridictions régionales ayant pour objectif l'intégration économique, mais pouvant statuer sur des questions relatives aux droits de l'Homme, soulève également un certain nombre d’interrogations / If the idea of creating a regional human rights court dates back to 1961, it became a reality in 1998, when the Ouagadougou Protocol establishing the African Court of Human and Peoples' rights (African Court) was adopted.This court complements the mandate of the African Commission on Human and Peoples’ rights. It is fully in line with its European and American counterparts and has undoubtedly a role to play in the effectiveness of the regional protection of human rights.Therefore, the study of this court, in the light of the European experience, aims to highlight the features of this court while demonstrating that it meets international standards in this area, particularly the standards derived under fair trial. His extended competence, whether contentious or advisory is unique in many ways.African states have demonstrated pragmatism in the establishment of this regional court and have not made a blind imitation with the model of the European Court of Human Rights. Since its first judgment in 2009, the African Court delivered judgment on the merits which provide information on both procedural issues and the content of the protected rights. Of course, challenges remain to be addressed. The crystallization of the relations with the International Criminal Court and the subsequent uncertainty about the creation of an African Court of Justice and Human Rights are clearly problematic. The multiplicity of regional courts whose main objective is economic integration, but who can also rule on questions relating to human rights, also raises a number of questions

The master thesis is dedicated to the stabilization role of the European Union in Africa with focus on the military training missions in Somalia and Mali. The aim is to analyze and evaluate their prosperity and additionaly to draw conclusions about the future involvement of these types of missions in Africa, since the military missions with the civilian aspects seem to be the perspective way of the EU engagement in Africa. The thesis is also supported by the evaluation of the socioeconomic cooperation which is also crucial for the stabilization role of the EU in Africa.

"The promotion and protection of human rights is important both at the national and international level. However, at the national level, several factors including government excesses tend to negatively affect the status of implementation of human rights. This has led to national human rights situations being measured against international standards. In this regard, different strategies have been developed to ensure compliance with international norms, the most basic of which is that of state reporting. ... This procedure is found in international and regional human rights instruments. Examples are treaties in the United Nations (UN), European, Inter-American and African human rights systems. In the African system, the African Charter on Human and Peoples' Rights is the core human rights instrument. The African Charter is seen as a 'unique' document that represents the 'African' concept of rights. ... Under article 1 of the Charter, state parties undertake to adopt legislative and other measures to give effect to the rights in the Charter. Article 62 obliges each state party to submit every two years, from the date the Charter comes into force, a report on the legislative or other measures taken with a view to giving effect to the rights and freedoms recognised and guaranteed by the Charter. The organ responsible for evaluation of reports is the African Commission on Human and Peoples' Rights (African Commission). ... It should be noted from the outset that the African Commission's competence to ensure effective implementation of the African Charter by member states has been affected due to various problems affecting the state reporting system. The most endemic of these include infrequent and inadequate reporting. ... Chapter one introduces the study, the framework of the problem that the study seeks to address and the methodology to be employed. Chapter two discusses the concept of state reporting, how the system works under the African Charter and the challenges therein. A comparative analysis of other international and regional reporting systems is also made with the chief objective of identifying how they deal with state reporting problems. Chapter three presents an overview of the APRM which includes an analysis of the human rights aspects of the mechanism. Chapter four critically analyses how the APRM can be utilised to help the African Commission address the problems of infrequent and inadequate reporting under the African Charter, and chapter five contains the conclusion and recommendations of the study." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / Prepared under the supervision of Dr. Alejandro Lorite at the Department of Law, American University in Cairo, Cairo, Egypt / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

The difficulty of transforming war economies into peace economies has become increasingly problematic in the search for long-term peace and stability in Africa. In many African countries such as Sierra Leone, Angola and the Democratic Republic of Congo, conflict actors have created distinct war economies in order to maintain the conflict in these countries. The enduring nature of the war economies presents a unique challenge to actors involved in ensuring that peace returns to a country by applying a peacebuilding strategy. The economic environment during a conflict has a vast influence on a post-conflict economy and a post-conflict reconstruction strategy. Although post-war rebuilding occurred during the reconstruction of Europe and Japan after the Second World War, the terms "post-conflict peacebuilding" and "post-conflict reconstruction" have only came to prominence during the mid-1990s. Using the case study of Sierra Leone, this study explores the challenge of war economies and its impact on post-conflict reconstruction. Sierra Leone presents an appealing case study as the country experienced a very profitable war economy during the armed conflict in the country between 1991 and 2002, and continues to struggle to transform this war economy into a peace economy. The case study of Sierra Leone is well researched, however, most studies focus on the conflict period, and only briefly look at the post-conflict period. In addition, discussions of post-conflict reconstruction in Sierra Leone have failed to adequately address the challenges presented by the war economy. This study uses existing analyses about the war economy in Sierra Leone, and links these to the current post-conflict reconstruction strategy, focusing specifically on the economic dimension. Therefore, this study represents a departure from traditional approaches to exploring war economies because it considers the direct impact these economic systems have on the process of post-conflict reconstruction. / Dissertation (MA)--University of Pretoria, 2010. / Political Sciences / unrestricted

Recent history on global north and south relations demonstrate years of inequality in the practice of development cooperation – a field often criticized for its Eurocentric ‘donor-receiver’ approach. In 2021, the African Union and European Union set out to renew their 20 yearlong partnership, and a new discourse of “partnership of equals” has been strongly promoted by the EU, suggesting a change of approach. This study analyses the EU’s Strategy for Africa through a critical discourse analysis (CDA). Deriving from development theory the study applies Fairclough’s three-dimensional model to better understand the concept of partnership and the relations of power. In addition to CDA, semi-structured interviews are carried out with young experts and coordinators who currently implement projects of the partnership and who contributes to this research by sharing their experiences and expectations. The findings suggest a problematic mismatch between the discourse used in the text and implementation of the partnership in relation to the promise of equality and partnership. The EU and Europe is positioned in a place of superiority in the discourse promoted and they fail to reflect on structural dimensions that might contribute to a significant change in how the two institutions partner.

Unconstitutional changes, especially coups d’états, have undoubtedly eroded peace and security in many parts of the African continent. These occurrences have also stunted the development of democracy in some African states. The African Union (AU), supported by sub-regional bodies, addresses this problem by imposing sanctions on the regimes that acquire power through coups with the aim of restoring political order. However, this sanctions policy has produced mixed results. In some cases, these sanctions managed to succeed in achieving their objectives (Guinea) while in other instances sanctions failed to achieve their objectives (Madagascar). It is therefore imperative to inquire into the circumstances and assess the conditions under which the AU sanctions policies failed and succeeded in restoring political order to states that experience coups d’états. / Political Sciences / M.A. (International Politics)

This thesis uses the Critical theory to explore the history and functioning of African Court on Human and Peoples' Rights. This judicial institution was established in 1998. However, it did not rule any decision on the merits until 2013. All cases had been refused because it lacked the jurisdiction. Finally in 2013, two judgments were issued that solved the factual situation of applicants. Nevertheless, the danger still exists that the Court will function only if the states will allow it to do so. Such inactivity of the Court is firmly inconsistent with the intensity of human rights violations on the African continent. In the same way, it falsifies the presuppositions of liberal institutionalism that the international institutions should strengthen cooperation between states and contribute to the development of mutually interconnected areas: economic development, democracy and human rights protection. The thesis is an empirical case study which opposes the liberal-institutional ideas. It uses the Critical theory in narrow sense to show that those ideas played certain role in the establishment of the Court. Nonetheless, the real willingness of the states to empower the Court with authority and limit their sovereignty was absent. The Court, as a procedural enlargement of substantive human rights...

African Union (AU) multilateral efforts in governance flounder at the level of implementation and their substantive intervention worth do not accord with the aspirations embodied in adopted normative frameworks and instruments. The research served to uncover the policy and delivery challenges within the overall AU institutional system as a means of providing a perspective on the future of AU governance mechanisms and related intervention modalities. Detailed empirical engagement, through an institutional lens, with norm formation and implementation in accountability, the rule of law and state capacity, and related delivery practices, enabled the extraction of crucial efficacy challenges in the AU institutional system. The exploration, using evidence embodied in documents from the AU governance implementation system, served to confirm that the AU continues to struggle between the imperatives of integration through established shared values and the exercise of state sovereignty. Within the policy-delivery nexus, the research points to the importance of agency by AU institutions and how practices and incentives serve to pervert the aspiration for a multilateral value-adding system in governance. In addition to providing a comprehensive historical macro-overview of AU governance intervention and related implementation modalities, the research served to uncover the implementation ‘black-box’ through a careful and comprehensive study of practices in each of the governance intervention terrains. The institutional focus serves to affirm that answerability for performance in the use of public resource and the structuring of organisations, matter for delivery and the production of substantive regional integration value. The core efficacy challenges at the level of AU multilateral engagements and implementation, such as norm proliferation, the exercise of power and sovereignty, staffing and capacity gaps, point to the need for a substantive and strategic reorientation of the AU governance normative framework and related intervention modalities. As an outcome of the analysis and reflection, a ‘norm graduating model’ is proposed to accommodate contextual realities in AU Member States on the back of historically hard-fought-for shared values in governance. At the level of implementation modalities, efficacy challenges point to the importance of a more tempered and realistic delivery approach. The primary focus in the immediate term should be on building governance through a diffused peer-engagement strategy culminating in norm compliance and full adherence to the provisions of established AU governance instruments over the long-term. / Public Administration and Management / Ph. D. (Public Administration)

Créée en 2002 en remplacement de l’OUA, l’Union africaine affiche l’ambition de trouver des solutions africaines aux problèmes africains en ajoutant l’article 4 dans son Acte constitutif. Cet article lui donne le droit de déployer une force militaire au sein d’un État membre pour protéger les civils lors de violations de droits de l’homme, de génocide ou de crimes contre l’humanité. Tandis que les conflits intraétatiques continuent de faire rage sur le continent africain, l’UA et ses États membres n’ont jamais autorisé — sans y renoncer — une intervention humanitaire contre l’un de ses membres. Ce mémoire vise à connaitre les raisons pour lesquelles les dirigeants africains ont renoncé à déployer une force militaire pour protéger les civils burundais en 2015, et ce, malgré le fait que l’UA l’a initialement recommandé quelques semaines plus tôt. En s’inspirant de la théorie réaliste des relations internationales, cette étude du conflit burundais de 2015 démontre que la non-intervention de l’UA est avant tout liée à un manque de volonté de la part des dirigeants africains qui ont privilégié leurs intérêts personnels ainsi que les intérêts économiques de leur pays au détriment de l’urgence humanitaire au Burundi. De plus, plusieurs dirigeants africains, qui ont un contentieux avec Paul Kagamé et qui voient le Burundi comme un contrepoids à l’influence rwandaise, se sont positionnés contre la MAPROBU pour léser le Rwanda. Ensuite, l’abandon de la MAPROBU s’explique aussi par le fait que le Conseil de Paix et de Sécurité est totalement dépendant de la volonté des États membres et ne dispose pas de l’autonomie institutionnelle nécessaire pour autoriser le déploiement des troupes de l’UA au Burundi. / Created in 2002 to replace the OAU, the African Union’s desire to find African solutions to African problems was demonstrated by the addition of Article 4 to its Constitutive Act, which gives the Union the authority to deploy a military force within a member state to protect civilians from human rights violations, genocide or crimes against humanity. While intrastate conflicts are still devastating the African continent, the AU has never authorized a humanitarian intervention against one of its members. This master’s thesis seeks to explain why the African leaders did not authorize the deployment of a military force to protect Burundian civilians in 2015, despite the fact that the AU had initially recommended it a few weeks earlier. Based on the realist approach in International Relations, this case study demonstrates that the decision not to intervene in Burundi is primarily due to a lack of commitment from African leaders who have prioritized their own interests as well as economic interests over the humanitarian urgency in Burundi. In addition, many African leaders, who see Paul Kagame as a rival, perceive Burundi as a counterweight to Rwanda’s influence. Therefore, their position against MAPROBU is also intended to undermine Rwanda. Secondly, the decision not to deploy MAPROBU could be explained by the fact that the Peace and Security Council (PSC) is totally dependent on the will of member states and does not have the necessary institutional autonomy to authorize the deployment of AU troops in Burundi.