Orientadores: José Geraldo Wanderley Marques, Cristiana Simão Seixas / Tese (doutorado) - Universidade Estadual de Campinas, Instituto de Filosofia e Ciências Humanas / Made available in DSpace on 2018-08-17T21:35:04Z (GMT). No. of bitstreams: 1 Costa_PaulaChamyPereirada_D.pdf: 7769586 bytes, checksum: e36087ad1030cdba120ad314924331c1 (MD5) Previous issue date: 2011 / Resumo: Esta tese adota uma perspectiva socioecológica com o intuito de identificar e entender as respostas encontradas por pescadores artesanais para manutenção de seu modo de vida diante de alterações sociais e naturais no ambiente em que se inserem. O aporte teórico interdisciplinar situa-se no âmbito da Etnoecologia Abrangente. A identificação dos elementos, estratégias e condições que favorecem ou obstam o potencial de auto-organização e evolução do sistema socioecológico da pesca artesanal foi realizada por meio do estudo da trajetória das regras informais existentes na pesca artesanal da praia de Itaipu (bairro do município de Niterói/RJ) nos últimos 35 anos. A praia de Itaipu mostrou-se também o locus privilegiado para o estudo por apresentar iniciativas de implantação de uma Reserva Extrativista Marinha. Procedimentos diversificados (depoimentos livres, mapeamento de pontos de pesca, registro fotográfico, entre outros), foram usados para subsidiar as análises, que se concentraram no conhecimento ecológico local das diferentes artes de pesca, áreas de pesca utilizadas, disputas pelos recursos naturais, identificação e compreensão das regras informais e rede de significados imbricados na dinâmica das instituições que permeiam esta atividade de uso coletivo e direcionam as práticas de manejo. Os dados revelam que a manutenção desta atividade secular às margens da região metropolitana de Niterói deve-se ao refinado conhecimento ecológico local e à observação de regras informais por parte dos pescadores artesanais, fatores estes que se adaptam às transformações sociais e ecológicas e devem ser considerados em qualquer iniciativa de gestão na área / Abstract: This thesis adopts a socio-ecological perspective in order to identify and understand the answers found by fishermen to maintain their lifestyle in the face of changes in social and natural environment in which they operate. The interdisciplinary theoretical framework is situated within the Comprehensive Ethnoecology. The identification of the elements, strategies and conditions that foster or impede the potential for self-organization and evolution of socioecological system of artisanal fishing was performed by studying the trajectory of informal rules in the existing artisanal fishing of Itaipu beach (neighborhood in the city of Niteroi, Rio de Janeiro state) over the past 35 years. The Itaipu beach proved to be the locus for the study due to initiatives to implement a Marine Extractive Reserve. Diverse procedures (free depositions, mapping fishing spots, photographic record, amongst others) were used to subsidize the analysis, which were focused on the local ecological knowledge of different fishing arts, fishing areas used, disputes over natural resources, identification and understanding of informal rules, and the imbricated network of meanings in the dynamics of institutions that underlie this activity of collective use and direct their management practices. The data show that the maintenance of this secular activity on the fringes of Niterói metropolitan area is due to the refined local ecological knowledge and the observation of informal rules on the part of fishermen, factors which adapt to social and ecological transformations and should be considered in any management initiative in the area / Doutorado / Aspectos Sociais de Sustentabilidade e Conservação / Doutor em Ambiente e Sociedade

LL.M. / This research is a comparative study of the provisions for guardianship and custody, including maintenance of the South African common law and customary law. In customary law the emphasis is on the law of the Bafokeng people which is a tribe chosen as group of the research. The purpose of this research is to analyze the provisions of guardianship, custody and maintenance applicable to these legal systems. The analysis is divided as follows: • Guardianship and custody: (i) during the marriage; after divorce; after death of parent(s); of an extra-marital child. • Maintenance of children: (i) during the marriage; after divorce; after death of parent(s); born outside marriage (extra-marital children). The objective is to highlight the similarities and differences between the provisions of these legal systems and to come up with the conclusion whether the one is more favourable than the other in catering for the needs and interests of its subjects. The conclusion will be governed by the following issues: • Which legal system caters for the interests of its subjects? • Which legal system accords with the provisions of the Constitution Act? • Which legal system protects the interests of the child best? Having come to that conclusion, the researcher aims at indicating laws which should be considered for reform.

Masters of Art / In this full thesis, I explore the impact that HIV and AIDS pandemic is having in the livelihood strategies of rural women in Mozambique. My intention in this work is to highlight the navigation of Mozambican women through this harsh era. I establish a discussion about land as major asset in a poor and mainly agricultural country like Mozambique. And the fact that many scholars and policy makers are concerned about the escalating number of young widows that have had their land and other assets expropriated after the deaths of their husbands, mainly due to the HIV and AIDS pandemic. The convergence of the colonization process, the civil war (that took over 16 years in Mozambique) and the modernization/development process have been systematically trapping women in the interface between traditional and modern social organization. Now, with the spread of HIV and AIDS, young women and children whose only source of subsistence is their land have been losing their traditional rights, and they face the cultural changes brought about by a new social order that does not support them and their children after the death of a husband or father. / South Africa

The thesis covers the branches of law known as Constitutional law and Customary law. It focuses on the powers of the Swazi monarch, which are based on a combination of the received Western law and Swazi custom. For the purposes of this study, therefore, Swazi law and custom shall be taken to include both the statutory law and the yet unwritten customary law. Swaziland is black Africa's only remaining traditional monarchy, ruled as it is by the Ngwenyama, an indigenous institution, whose origin is derived from custom. The resilience of this ancient system of government in a continent where modernisation and constitutional democracy among other factors have led to its extinction is phenomenal, particularly because some commentators have described traditionalism in modern Africa as an "embarrassing anachronism.' In Swaziland the monarchy continues to be a vibrant system and the nation is currently engaged in a process of not only codifying the customary law but also of drafting the constitution of the country. One of the key areas of concern is the question of the distribution of power between the monarch and the people under the proposed constitution. Traditionalists are of the view that the powers that the King currently exercises should remain intact as they are a reflection of the Swazi law and custom. Progressives, on the other hand, are of the view that the current position makes the King an absolute monarch and are thus proposing a change from an absolute to a constitutional monarch. In other words they want some kind of checks and balances in the envisaged system of government. The study will show that the constitutional evolution of Swaziland and the exigencies of synthesising modern and traditional systems of governance have over the years obscured the true nature of the powers of the monarch in terms of Swazi custom. Thus before we can consider whether the future of the monarchy in Swaziland depends on the harmonisation of modern and traditional systems of governance, it is necessary to revisit the past to determine the powers of the monarch in their embryonic form, for it is from this period that we can extrapolate the powers of the Ngwenyama in terms of Swazi custom. The thesis has been arranged as follows: The first chapter will review the precolonial political system of Swaziland with a view to establishing whether monarchical authority was founded on command or consensus. The various theories, which seek to explain the foundations of the monarchical system of government, will be outlined. The second chapter will focus on European influence on the Swazi traditional system of government. The third chapter will be an analysis of the powers of the monarch under the 1968 independence constitution. The fourth chapter will focus on the effect of the repeal of the 1968 independence constitution by the Monarch. The fifth chapter will focus on the constitutional reforms under the reign of king Mswati III. The sixth and last chapter focus on proposals for reform. The research method used was in the main, an analysis of relevant legal principles as contained in textbooks, legislation, journals, the scant case law that is available in this area of the law and other relevant materials. A comparative survey of ancient African kingdoms will be done, with emphasis on those Kingdoms, which later became British colonial possessions. It is hoped that this comparative analysis will help explain the evolution of these traditional structures alongside modern governmental institutions.

This study analyses the relationship between the chieftainship institution and the elected councils in Lesotho. Based on a qualitative case study method the study seeks to understand this relationship in four selected councils in the Maseru district and how this can be nurtured to achieve a consolidated democracy. Contrary to modernists‟ arguments (that indigenous African political institutions, of which the chieftainship is part, are incompatible with liberal democracy since they are, inter alia, hereditary, they compete with their elective counterparts for political power, they threaten the democratic consolidation process, and they are irrelevant to democratising African systems), this study finds that these arguments are misplaced. Instead, chieftainship is not incompatible with liberal democracy per se. It supports the democratisation process (if the governing parties pursue friendly and accommodative policies to it) but uses its political agency in reaction to the policies of ruling parties to protect its survival interests, whether or not this undermines democratic consolidation process. The chieftainship has also acted to defend democracy when the governing party abuses its political power to undermine democratic rule. It performs important functions in the country. Thus, it is still viewed by the country‟s political leadership, academics, civil society, and councillors as legitimate and highly relevant to the Lesotho‟s contemporary political system. Because of the inadequacies of the government policies and the ambiguous chieftainship-councils integration model, which tend to marginalise the chieftainship and threaten its survival, its relationship with the councils was initially characterised by conflict. However, this relationship has improved, due to the innovative actions taken not by the central government, but by the individual Councils and chiefs themselves, thus increasing the prospects for democratic consolidation. I argue for and recommend the adoption in Lesotho of appropriate variants of the mixed government model to integrate the chieftainship with the elected councils, based on the re-contextualised and re-territorialised conception and practice of democracy, which eschews its universalistic EuroAmerican version adopted by the LCD government, but recognises and preserves the chieftainship as an integral part of the Basotho society, the embodiment of its culture, history, national identity and nationhood.

The constant clash of African culture and traditions with human rights continue to militate against the adequate protection of women’s rights. Thus, African women constantly face challenges resulting from restrictions under customary laws of succession and inheritance, witchcraft violence, degrading treatment to widows, domestic violence; women killed by their partners, rape of women and children under all kinds of circumstances. This thesis was prompted by the issues raised in the Bhe case of the Constitutional Court of South Africa. In this landmark judgment, Ngcobo J dealt with the development of customary law, and how it must be approached by the courts in a manner that would have due regard to the rights of women on one hand and, on the other, would also accord customary law of its proper place, purpose and values within the African context. Against this background, the thesis focused on South Africa, Nigeria and Lesotho as excellent models of the broader challenges for women as well as governments; despite certain legislative measures put in place by the latter, the battle continues unabated for the balance of traditions and culture with women’s rights issues. Although South Africa is more progressive in terms of Constitution and practice than Nigeria and Lesotho, a lot still needs to be done particularly in the area of harmonization of laws. Regrettably, in Nigeria and Lesotho respect for the Constitution is superficial and lacks substantive policies that would promote women’s rights. To this extent, the balance of democratic values and promotion of women’s rights issues within the continent lie in women being partners in development rather than unduly suffering under intense burden of culture, tradition and societal stereotypes.

Magister Artium (Development Studies) - MA(DVS) / Endless debates on the land reform policy and the ‘radical’ proposed strategy of expropriating privately-owned land without compensation had South Africans questioning the effects of the strategy, and the unpopular decision to adjust Section 25 of the Bill of Rights in the Constitution. Traditional leaders like King Zwelithini Goodwill, leader of the Ingonyama Trust, were reassured that communal land would not be included in the redistribution of land for the public interest– mainly because distributing privately–owned land entrusted to traditional leaders would violate the statutory land laws. What is not addressed in the communal land entrusted to traditional leaders is the protection of women’s right to land in patriarchal communal areas operating under customary laws. This discussion of women accessing rural land has resulted in an increasing number of women gaining opportunities to access and control residential and agricultural land. However, in practice, access to land does not guarantee sustainable use and ownership of the acquired land - rather, temporary access is given. Women’s control and ownership of communal land are dependent on their social networks and affiliations to men in their family and community. This study investigated the ownership of land as a factor of empowerment amongst women living in the rural community of Nqadu, which will be referred to as Nqadu throughout the study, and the existing relationship between traditional authorities and municipal officials in hindering or enhancing the power within the Nqadu women. In addition, the thesis highlighted where the Land Reform Policy and its gender-equality mandate is not upheld in the rural area of Nqadu, it also discussed reasons why it is not upheld and explore how women see the land reform policy as a mechanism for their enhanced and improved livelihood. The aim of this study was not merely to create enlightenment about the imbalances in women’s land ownership and control but to also to investigate women empowerment in relation to land ownership in Nqadu, Eastern Cape. The researcher argues that communal rural practices disregard gender mainstreaming and work as an isolated system apart from the prevailing norms in the legal systems in administering the allocation of land to women. To investigate the effects of the customary laws on the fulfilment of livelihood assets and its impact on the mobilisation of women to own and control land within communal traditional areas, the Sustainable Livelihoods Approach (SLA) was employed. A mixed-methods approach was used, and semi-structured interviews and questionnaires and secondary statistical data were also utilised to support the qualitative data. To gain enlightenment on development of the tenure status in the Mbhashe local municipality, the municipal officials who are responsible for the land-related issues in Mbhashe were also interviewed. Due to data limitations within the primary statistical data, a greater focus was placed on the strategies used to handle land allocation in Nqadu, which is largely a male dominated traditional councils. In addition, semi-structured interviews and focus group discussions were conducted alongside the collection of secondary data in the form of statistical data and policy documents, i.e MLM IDP and the DRDLR. Although the policies and programmes tabled by the DRDLR in relation to land reform have initiated conversation and implementation as far as land tenure is concerned, the coordination of the statutory and customary laws and practices are mutually exclusive. The Nqadu women continue to depend on social affiliation and structural relations within their relationships with the Nqadu men. It is advised that local and municipal government’s focus the target population for gender mainstreaming projects and gender-equal policy frameworks on men as much as women. This strategy will reduce the copying mechanism used to remain silent in households or communities that hinder their empowerment. Land reform has aided in the transformation of land from black to white, however, the proportion of women who have complete ownership and control over residential and agricultural land in communal rural areas is has not improved. Women must be provided the same opportunity to control assets like land, if not land reform will continue to be a political mechanism to empower of black people, or create a wealthier class within the black community but not all genders.

No description available.

This dissertation presents an analytical literature study regarding the relationship between the International Criminal Court and the proposed International Criminal Law Section of the African Court. The realisation of the International Criminal Law Section of the African Court will place itself and the International Criminal Court within the same jurisdictional sphere with regard to the adjudication of international customary law crimes with respect to its African member states. It is noteworthy to point out that this complexity is fraught with political turmoil regarding Africa, the International Criminal Court and the United Nations Security Council. This complex issue has been acutely recognised by numerous academics and law experts. Neither the Rome Statute nor the Protocol makes any reference towards each other, leaving its respective African member states with the daunting and ambiguous task of navigating through this complexity in isolation. This dissertation aims to investigate, analyse and ultimately offer a plausible solution to this immediate concern. In order to accomplish the aforementioned, this study will firstly investigate and evaluate both constitutional treaties of both international courts, respectively. The issue pertaining to the endowment of immunity will also be separately evaluated, considering the conflicting approaches followed by both judicial institutions. Ultimately, all previous sections will be analysed in order to recommend amendments to the Protocol to align itself with international law and settled international practice. A complementarity scheme will be introduced on the basis of the progressive interpretation of positive complementarity to harmonise both courts within the same jurisdictional sphere. Lastly, this dissertation will be concluded by remarks recapitalising the main findings. / LLM, North-West University, Potchefstroom Campus, 2015

This dissertation presents an analytical literature study regarding the relationship between the International Criminal Court and the proposed International Criminal Law Section of the African Court. The realisation of the International Criminal Law Section of the African Court will place itself and the International Criminal Court within the same jurisdictional sphere with regard to the adjudication of international customary law crimes with respect to its African member states. It is noteworthy to point out that this complexity is fraught with political turmoil regarding Africa, the International Criminal Court and the United Nations Security Council. This complex issue has been acutely recognised by numerous academics and law experts. Neither the Rome Statute nor the Protocol makes any reference towards each other, leaving its respective African member states with the daunting and ambiguous task of navigating through this complexity in isolation. This dissertation aims to investigate, analyse and ultimately offer a plausible solution to this immediate concern. In order to accomplish the aforementioned, this study will firstly investigate and evaluate both constitutional treaties of both international courts, respectively. The issue pertaining to the endowment of immunity will also be separately evaluated, considering the conflicting approaches followed by both judicial institutions. Ultimately, all previous sections will be analysed in order to recommend amendments to the Protocol to align itself with international law and settled international practice. A complementarity scheme will be introduced on the basis of the progressive interpretation of positive complementarity to harmonise both courts within the same jurisdictional sphere. Lastly, this dissertation will be concluded by remarks recapitalising the main findings. / LLM, North-West University, Potchefstroom Campus, 2015