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

This thesis unpacks relationship between economic policy formulation and implementation and the realisation of socio-economic rights. The paper provides an overview of the history of the economic system and policies in Kenya. It then conducts an in-depth analysis of the economic system and policy direction envisioned under the 2010 Constitution and the current development agenda to determine how far they align with the aim of realising socio-economic rights for all. The paper establishes that the Constitution of Kenya 2010 sets the foundation for an egalitarian mixed economy, setting human rights as a core consideration in the development and implementation of economic policy. However, while the overarching development goals appear to centre on human flourishing, the economic policies implemented in practice were found to have failed to achieve these ends due, at least in part, to the misalignment with human rights principles and obligations. Overall, the deep-rooted neoliberal capitalist elements of the system contribute to the nominal incorporation of human rights, and the focus on GDP growth at the expense of genuine progress in terms of well-being for the people. The paper recommends shifting to a rights-centred approach to development and specific reforms to fiscal and debt policy. / 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

Includes bibliographical references.

Includes bibliographical references. / The Qualification Directive intended to achieve the harmonization of the asylum determination procedures among European states. The Qualification Directive introduced minimum standards for the determination of asylum claims, aiming at equal outcomes in decision-making processes, especially on first instance levels. While all member states had to change their national legislation to comply with the provisions of this Directive, they were allowed to adopt more favorable legislation. However, after a period of four years and an assessment of the situation, it became clear that the Qualification Directive failed its goal at least partly, since imbalances in asylum determination processes still existed. These resulted in immense differences in recognition rates of same country nationals in European states, despite the goal of the concept to reach uniform standards. The cause was said to be insufficient guidance coming from the Qualification Directive for the decision-making authorities. Consequently, the European Commission adopted a recast Qualification Directive in 2011. It demanded national legislation to be adapted accordingly by the 21st of December 2013. The international refugee regime is governed by the 1951 Convention Relating to the Status of Refugees (hereinafter 1951 Convention). Being a party to that Convention is a prerequisite for joining the EU. Thus all European states are bound by the obligations arising from the 1951 Convention. Consequently, the recast Qualification Directive is “based on the full and inclusive application” of the 1951 Convention. Nonetheless, due to the development of international human rights law, in terms of the protection of women’s rights, it is evident that the 1951 Convention lacks sufficient clarification and guidance for asylum claims arising from women’s experiences of traditional harmful practices. Those harmful and discriminatory practices comprise for example forced marriage, female genital mutilation, domestic violence including rape, China’s one child policy and the risk of forced sterilization emerging in this context as well as in others, traditional dress codes, dowry burning or honor killings. This list is not meant to be exhaustive, since women might be subjected to several other norms, customs, rules or policies, which they try to escape from and base their asylum claims on. Asylum claims that deal with these forms of harm are often referred to as gender-related asylum claims. However, under the refugee definition of the 1951 Convention a specific ground of ‘gender’ or ‘sex’ is missing.

Juvenile justice is a core facet of international child law aimed at protecting children who come into conflict with the law. The international and regional juvenile justice frameworks outline the standards expected of States party to the international instruments. Both South Africa and Scotland are obligated to adhere to these rules and principles by way of creation and implementation of domestic laws in furtherance of a child-centered approach to justice. This dissertation analyses the effectiveness of both national systems and assesses the extent to which they respect, protect and fulfill children's rights in the context of international child law. This study also aims to highlight areas in which South Africa and Scotland fail to meet the prescribed standards and proposes various recommendations in order to do so more effectively.

The problem of refugees is a global one that is of concern to all states. There are rising numbers of refugees that are forced to migrate from their homes in search of safety. How states respond to refugee situations is very important for the protection of refugee's rights. The international community has been able to draft some international conventions and treaties that provide for the protection of refugees. However, most are drafted in a manner that caters for individual determination and protection procedures. This is despite the fact that refugees enter countries in large groups most times. The major international laws that that cater for group situations are not exact on who must take on the responsibility in mass influx situations, how this responsibility should be shared and also the form and manner that the responsibility sharing mechanisms should take. This research is an insight into the laws and current practise of state in times of mass influx refugee situations. The current crisis in Syria is an example of mass influx situations and how states have been handling the situation and this research analyses the Syrian situation in order to understand current state practice. The research also explores the laws that are currently in place to protect refugees and if they can be applied to mass influx situations while adequately guaranteeing the protection of the human rights of the refugees. It further explores the options that are open to states in times of mass influx, state practice and the obligations that should arise in such situations.