The objective of this study is to provide a novel working mechanism for the supervision of elections that would no longer be municipal based but rather the subject of a supranational body that is not answerable to municipal authorities. In essence, this study will consider the possibility of a new African Union body responsible for African elections. Rather than just mooting an idea, this study will attempt to justify the need for such a body, as well as answer the practical questions that may hamper the establishment of such a body and also provide for some of the modalities regarding how such a body may work. To enhance the objectives, the study will necessarily commence with a theoretical background of the rationale for having elections. The study will also emphasise on the human rights aspect of elections, namely the right to self determination and the right to participate in public affairs as provided in various human rights instruments. By analysing recent African elections, this study intends to show that the current strategy of wholly relying on municipal electoral authorities is subject to manipulation and can result in humanitarian catastrophes and illegitimate governments. By so doing a justification of introducing a new AU body responsible for supervising African election is made perspicuous / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / 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 Professor E.K. EK Quashigah, of the Faculty of Law, University of Ghana-Legon, Ghana / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

"The plight of refugees is becoming more prevalent in Africa with the intensification of conflicts in most countries in Africa especially the Great Lakes region. This means that there are more people fleeing from the conflicts. How refugees are identified and accorded status is very crucial to the protection of their rights. There have been serious complaints and cries from refugees and human rights organizations on the treatment of refugees by the state in Kenya and the UNHCR in Egypt. This study seeks to discuss the refugee status determination practice in Kenya and Egypt and how it affects the rights of refugees within their jurisdiction. This will give an insight in the protection of refugees’ rights in both countries. There is need to research on the possibility of an effective regime on status determination. Asylum seekers are vulnerable and have continued to suffer for lack of a proper framework to seek protection. The lack of specific refugees policies and laws have also put the refugees at the risk of being mistreated and their rights infringed upon with impunity by security agents and agents who should otherwise protect them. Protection of refugees’ rights involves first of all legal protection, i.e. seeking to ensure that refugees are treated in accordance with internationally accepted standards including protection against refoulement, freedom from discrimination and the enjoyment of economic and social rights. Secondly, it entails action to promote the development of standards for the treatment of refugees through the adoption of appropriate legal provisions in national legislation and efficient and effective practices by the states. ... Chapter one will set out the content of the research, identify the problem and outline the methodology. Chapter two will discuss the international and regional refugees’ standards on status determination. The chapter will also discuss the role of the UNHCR and obligations of host governments in granting refugee status. Chapter three will discuss the case studies. It will compare the refugee status determination regimes in Kenya and Egypt. This chapter will discuss what UNHCR and the government are doing on RSD. It will explore the underlying reasons they are done that way. Chapter four will analyse the extent to which Kenya and Egypt have complied with international and regional refugees’ standards on RSD and the way forward. Chapter five will draw a conclusion and recommendations." -- Chapter 1. / Mini Dissertation (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 (Human Rights and Democratisation in Africa)

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.

"The insurance industry was among the first to understand clearly the serious nature of the epidemic, as the HIV/AIDS epidemic disintegrates and destabilizes slowly the traditional extended African family system. The extended family, which traditionally constitutes a social safety net in African communities, is not able to cope with the sudden burden of HIV/AIDS orphans, since the age group 20-44 is the most hit by the epidemic. A study commissioned by the Henry Kaiser Family Foundation showed that, by the year 2005, HIV/AIDS is expected to make around one million children under the age of 15 orphans in South Africa. Besides, stigma and secrecy around the disease expose HIV/AIDS orphans to discrimination in their community and even in their extended family. As a result, a large number of HIV/AIDS orphans are abandoned and forced to seek help in the streets, begging for money, a situation that exposes them to abuse and criminality. Since 1988, most insurance companies in South Africa have had a policy of compulsory HIV testing which excludes HIV positive candidates from their scheme. The reason put forward is that they represent an 'unacceptable risk'. According to the National Association of People Living with HIV/AIDS (NAPWA), this is a widespread problem in South Africa. The impact of discrimination in getting life insurance is catastrophic on the lives of people living with HIV/AIDS and their families. As was noted by the Supreme Court of Canada in the case of Zurich Insurance Company v Ontario, there is a fundamental tension between human rights law and insurance practice. Insurance practices, particularly, impedes on equality and privacy rights of HIV positive persons. ... Therefore, at the root of the debate on HIV/AIDS and insurance is the question on how to strike a balance between the need to ensure that insurance companies extend their coverage without being financially endangered and the human and constitutional rights of HIV positive persons. ... The study is divided into five chapters. Chapter one is the introductory chapter. Chapter two examines the principles of insurance as well as the characteristics of HIV/AIDS. It aims at understanding the arguments in favour of HIV testing and exclusion of persons living with HIV/AIDS from life insurance schemes. Chapter three analyses the problem from the perspective of persons infected with HIV. It investigates the impact of the refusal to grant them life insurance because of their HIV status. This chapter shows how the insurance business infringes the rights of HIV positive persons ot non0discriminatory treatment. Chapter four looks at the position of foreign jurisdictions in the conflict of interests and analyses how they have dealt with the human rights implications of insurance companies policy towards the HIV/AIDS epidemic. Chapter five is the concluding chapter, which puts forward redommendations." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003. / Prepared under the supervision of Adv. Annelize Nienaber at the Centre for Human Rights, Faculty of Law, University of Pretoria / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"The rise in the number of internally displaced persons (IDPs) in Sudan and Uganda is in no small part, due not only to states' incapacity to protect their own people, but also to a direct attack by states on selected communities, or on insurgent groups. In Sudan, there is a large amount of information pointing to the responsibility of the Sudanese government in the human rights violations committed against the IDPs in Darfur. In Uganda, the majority of the displaced harbour considerable anger towards the government for having forced them out of their homes and then being unable to protect and provide for them, and in many cases being guilty of violations of their rights. The problem is aggravated by the facts that IDPs have no specific set of international instruments or a Convention in their favour, and there is no dedicated UN agency to turn to. The concept of state sovereignty still takes centre stage, and IDPs remain under the 'protection' of their own states, which in many cases are responsible for their plight. International humanitarian assistance is limited to the provision of basic necessities like food, shelter and medicine, while measures that ensure respect for the physical safety and the human rights of IDPs remain inadequate. The Guiding Principles on Internal Displacement particularise general human rights principles to the situation of the internally displaced, however they have no binding authority, and therefore do not bind states, neither are they enforceable by the IDPs. Currently, reliance is placed upon international humanitarian law and the existing international human rights law, but international humanitarian law only applies in situations of armed conflict. Consequently, this study proceeds from the presumption that the governments of Sudan and Uganda have failed to protect the IDPs within their jurisdictions, hence the need for stronger international protection. The study is aimed at addressing the specific problem of the lack of adequate international human rights protection for the IDPs from the time of displacement, to the time displacement ends. Emphasis of the study is placed on displacements resulting from armed conflicts, because these are the most rampant and most problematic in Africa. Darfur and Northern Uganda are the particular focus of this study because they are the most affected regions in Africa today." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"This paper addresses the right to dignity of a group of people with two vulnerabilities i.e. being a disabled person and a prisoner. The concept of dignity applies to prisoners and detainees irrespective of their offences at any given time. This is a right that is ascribed to a person by virtue of one's humanity and not one's circumstances. In Ghana and Nigeria, the rights of able and disabled prisoners are not given serious consideration. This is probably due to the fact that these two countries are still involved in violations of human rights and they are yet to implement most of the provisions in international human rights instruments. The protection of the rights of disabled prisoners is a mirage in the two countries probably because they constitute a minority and their vulnerability relegates them to the lower rungs of the society. However, international human rights instruments recognise that disabled persons have rights that should be respected. ... Despite these international standards, the treatment of disabled prisoners is still below the recommendation. This necessitates a study of the role which human rights law ought to play in the mitigation of the hardship of disabled prisoners, as their dignity is a central element to their existence." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Professor E.V.O. Dankwa at the Faculty of Law, University of Ghana, Legon / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"Therefore, the aims of the study are to explore the origin, nature and purpose of fact-finding missions, to explore what is currently on the ground, to expose the inherent deficiencies in the current practice, which compromise the missions' capacity to promote and protect human and peoples' rights. Having identified the shortcomings, lessons and inspiration will be drawn from the practice and rules of procedure of other regional and international treaty monitoring bodies, particularly the Inter-American Commission on Human Rights (IACHR). The starting point of the analysis shall be to identify the various fact-finding related issues that arose in the response of the Government of Zimbabwe to the African Commission on Human and Peoples' Rights (ACHPR) report. A survey of the reaction and response of other countries in which similar fact-finding missions were conducted, shall be carried out to gauge the consistence or otherwise in the ACHPR's practice. It shall be strongly suggested that the ACHPR should substantially borrow from other human rights systems, if necessary. After closely observing these issues, the study will come up with a position and firm recommendations to the ACHPR in terms of which its practice can be revamped for the achievement of an effective and progressive promotion and protection of human and peoples' rights as contemplated by the African Charter. ... This study has four chapters. Chapter one constitutes introductory remarks putting the study into context and the justification thereof. Chapter two explores the nature, origin, forms and importance of fact-finding in human rights protection. It searches for the underlying principles governing credible and plausible fact-finding. Chapter three analyses the ACHPR fact-finding practice to see what is there and critically compare it to the IACHR, UN and ILO practice. It aims at demonstrating the strengths and weaknesses of the African system. Chapter four revisits the weaknesses unearthed in chapter three and proposes recommendations for overall improvement. The study concludes by soliciting draft rules of procedure from the general principles explored in chapter two, combined with lessons learnt from other systems in chapter three. The model fact-finding rules of procedures are marked Annexure A at the end of this work." -- Introduction. / Thesis (LLM)--University of Pretoria, 2005. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"It is this very 'toll on women and girls' that seems to be the persistent challenge in addressing and responding to HIV and AIDS realities. Infection rates remian to be on the rise, prevention messages seem to bypass the ones it is meant to 'protect', stigma and discrimination experienced by people living with, and affected by, HIV and AIDS prevail, instead of subside, and it is women and girl children who remain, and are increasingly, the ones who are disproportionately impacted upon and affected by the pandemic. It is within this context of the persistent feminisation of the HIV and AIDS pandemic that this study, based on the normative provisions of the African Women's Protocol, focusses on gender, sex and sexuality in the context of HIV and AIDS. The regime of the African Women's Protocol embodies a framework that can be utilised to combat HIV/AIDS amongst women in Africa by addressing some of the most important issues that need to be tackled if women are to live through the epidemic. The study therefore seeks to demonstrate this potential. ... The study is stratified into four chapters. Chapter one provides the background to the study. It also contextualizes the study and sets its paradigm. Chapter two explores the current normative regimes, regional and international that are relevant to the analysis of the study. It is mainly critical, pointing out their inadequacies and a few strengths in relation to confronting the challenges faced by young women in Africa in the face of HIV/AIDS. It suggests a few recommendations. Chapter three explores the possibilities for solutions under the transformative provisions of the African Women's Protocol. This chapter is the heart and pith of the study. Chapter four discusses the practical challenges that the normative approach may encounter, especially because of the nature of some of the rights pivotal to the study: socio-economic rights. Chapter four also discusses legal, regulatory and policy recommendations. The chapter concludes by calling upon states to respect their obligations under the African Women's Protocol." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2006. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"The references above are illustrative of the fact that an effective right to information is significant to democracy and has an unequivocal basis in international and comparative human rights law. Although international jurisprudence in this area has been ambivalent, in this essay, a mounting body of evidence is produced in support of the proposition that Zambia, as part of the global village is under an obligation to gaurantee citizens a right to access information. ... The work is divided into five chapters. The first chapter introduces the subject and provides a general overview of the study. Chapter two addresses the theoretical framework and international standards in the area of access to information. Chapter three focuses on the South African context in detail and touches on the Ugandan freedom of information regime. The fourth chapter focuses on the situation in Zambia looking at the obvious gaps in relation to global trends as well as what Zambia could borrow from the South African experience and avoid from the Ugandan regime. The practice in terms of accessibility of public information is discussed, and chapter five is the concluding chapter with a summary of the findings in the foregoing chapters, as well as recommendations." -- Introduction. / Prepared under the supervision of Prof. Frederick Juuko at the Faculty of Law, Makerere University, Kampala, Uganda / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"This study will demonstrate how the ICTR is developing and enforcing international humanitarian law (IHL). Already it has successfully sent out a clear message to leaders worldwide that gross human rights violations of this nature will no longer go unpunished, providing a form of deterrence. The ICTR continues to develop a rich jurisprudence on IHL that will be examined in this study. Being the first international tribunal to convict a person of genocide, the first to recognise rape as an element of genocide, and to try a woman for the crime of genocide, the ICTR jurisprudence will prove invaluable. The rules of procedure adopted by the ICTR that have greatly facilitated bringing to justice high ranking officials shall also be examined. The study will contribute to the ongoing discussion on the role of the ICTR in developing and enforcing IHL. The study will specifically give insight on how the ICTR helps the development of IHL from an African perspective, thus contributing to ending impunity not only in Rwanda but in Africa as a whole. ... Chapter two will give a background to the 1994 genocide in Rwanda, which led to the establishment of the ICTR. This section will discuss the jurisdiction, structure, and procedures of the ICTR. Chapter three will examine the development and nature of IHL and the problems regarding its enforceability. Chpater four will address the contribution made by the ICTR to the development and enforcement of IHL. Chapter five will offer some concluding remarks." -- Chapter 1. / Supervised by Mr. Emmanuel Yaw Benneh at the Faculty of Law, University of Ghana / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2001. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM