"The study, considering international law and comparable case law on the subject in Africa, argues that Uganda does not comply with international standards in the use of the death penalty for countries that retain it. It h penalty in Uganda can be challenged. It is argued that it may not be easy to challenge the death penalty in Uganda as unconstitutional, but it can certainly be confronted based on the failure to comply with procedural safeguards for those on death row at the domestic, regional and international level. The death penalty is currently a subject of debate in Uganda by both the public and the Constitutional Court. The fact that Uganda retains the death penalty and that the recent executions were caried out in the most horrendous manner is worrying. There is concern that this might be an emerging trend, which warrants an analysis of the legality of the punishment and its operation in Uganda. Furthermore, the death penalty is still carried out in most parts of Africe, yet there is not much written on the subject. Most of the writings on the subject of the death penalty focus on the USA. This study will contribute to the sparse research on the sujbect in Africa. The value of this research is that it indicates ways that can be used to confront the death penalty that may work not only in Uganda, but also in ohter parts of Africa." -- Introduction. / Thesis (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 education (hereinafter HRE) squarely fits into the promotional mandate or obligation [of the African Commission on Human and Peoples' Rights]. The Commission is implementing its promotional mandate by disseminating copies of the Charter [African Charter on Human and Peoples' Rights] and sensitising governments about their responisiblities to citizens. There are also ongoing thematic human rights conferences, workshops and ad hoc training programmes throughout the continent. In addition, human rights are taught in some states over the continent as a subject by itself, especially in law faculties of universities, or as a component of interdisciplinary courses. But still, observers and specialists, notably teachers of higher education, who have a certain amount of experience in HRE, admit that there exists no African system of HRE stricto sensu. Many African states do not also have HRE programmes proper. This paper stresses the importance of HRE to avoid violations of human rights and pleads for practical steps by African states to carry out their obligations with respect to promotion of human rights. It also suggests the effective usage of the African Commission's mandate of examination of states reports for monitoring and co-ordination of HRE activities. It will do these by laying down a framework for planning, implementaiton and co-ordination of HRE programmes. ... Chapter one provides background to the study, identifies the problems to be tackled, summarises the relevant literature and introduces the objectives, hypotheses, methodology and scope of the study. Chapter two defines human rights and HRE. It also lists the goals of HRE and discusses the importance of the same. Moreover, it identifies normative foundations for HRE. Chapter three discusses the elements of efficient programmes for HRE. It identifies factors of effectiveness of HRE programmes from its design to its implementation. Chapter four deals with the role of state and non-state actors in HRE and suggests ways of building partnership samong the actors and co-ordination of efforts by the African Commission. Chapter five concludes the paper and provides [a] list of recommendations for effective HRE in Africa." -- 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

No description available.

No abstract available / Philosophy / D. Litt. et Phil. (Philosophy)

No abstract available / Philosophy, Practical and Systematic Theology / D. Litt. et Phil. (Philosophy)

The study makes a descriptive and analytical study of the development of the dynamic concept of the rule of law with special reference to the African contribution. First, the study shows that the Diceyan concept of the rule of law was narrow and peculiar to the Western liberal legal culture, and that more specifically, the substantive content of the concept of the rule of law was limited to the first generation of human rights. In its international and African context the concept was expanded to include all three generations of human rights and also identified with the concepts of democracy and the right of peoples and nations to self-determination. The expanded concept came to be known as the Dynamic Concept of the rule of law. Secondly, the study traces the origins and development of the principle of equal rights and self-determination and their extension to all peoples and nations and shows that these rights are universal, not relative, as they derive from the inherent worth and dignity of the individual. Also, the study shows that in the African context the three generations of human rights have been interlinked, made inter-dependent, and then identified with the rule of law, human rights and the right of self-determination (perceived as a right to democratic self-governance). Hence, the worth and dignity of the human personality has been made the fountainhead of human rights and have been elevated to the substantive elements of the Dynamic Concept of the rule of law and the basis of the modern African Constitutional State. Under the Colonial Rule both the Diceyan and the dynamic concept of the rule of law were not recognised. Instead, Colonial and racist regimes tried to create alternative institutions of government which denied the oppressed peoples the right to democratic self-governance and independence. However, Colonial and oppressed peoples relied on the dynamic concept of the rule of law in their freedom struggles and in the elaboration of their policies. Hence, the constitutions of all the former colonies in southern Africa under discussion were to different degrees informed by the Dynamic Concept of the rule of law. / Constitutional, International & Indigenous Law / LL.D

This thesis investigates the place of African states in the international system and seeks to understand what space exists for aid-dependent governments to exercise agency in relations with donors. In exploring these issues I focus on the case of Uganda’s NRM regime which has enjoyed very substantial international support despite its increasingly authoritarian nature, destabilising regional policy and questionable human rights record. The two central questions posed are therefore: ‘why has Uganda benefited from such uncritical international support and what role has the NRM regime itself played in bringing about this situation?’ The thesis also compares Uganda’s experience to those of Ethiopia, Kenya and Rwanda to demonstrate the broader relevance of these questions. I argue that donors have taken a lenient approach to Uganda because they perceive it as valuable as an economic success story, an ally in the ‘War on Terror’ and a guarantor of regional stability. The study stresses, however, that these perceptions are just that: perceptions. They do not necessarily reflect reality nor are they formed without input from Africa, as some inadvertently suggest. Indeed, the principal contention of this thesis is that these three donor perceptions of Uganda have been actively constructed, moulded, managed and bolstered by Kampala itself in an effort to shore-up international support. Using a variety of ‘image management’ strategies the regime has succeeded in convincing its donors to see it as a valuable ally worth supporting. The same is true of the Rwandan and Ethiopian governments, I suggest, but not of the Kenyan. In doing so, the thesis contends, Kampala has carved out a subtle but substantial degree of agency in relations with donors and this raises important questions for scholars and policy-makers.

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2006.

Thesis (M.A.)--University of Canterbury, 2006. / Typescript (photocopy). Includes bibliographical references (leaves 91-98). Also available via the World Wide Web.

The study makes a descriptive and analytical study of the development of the dynamic concept of the rule of law with special reference to the African contribution. First, the study shows that the Diceyan concept of the rule of law was narrow and peculiar to the Western liberal legal culture, and that more specifically, the substantive content of the concept of the rule of law was limited to the first generation of human rights. In its international and African context the concept was expanded to include all three generations of human rights and also identified with the concepts of democracy and the right of peoples and nations to self-determination. The expanded concept came to be known as the Dynamic Concept of the rule of law. Secondly, the study traces the origins and development of the principle of equal rights and self-determination and their extension to all peoples and nations and shows that these rights are universal, not relative, as they derive from the inherent worth and dignity of the individual. Also, the study shows that in the African context the three generations of human rights have been interlinked, made inter-dependent, and then identified with the rule of law, human rights and the right of self-determination (perceived as a right to democratic self-governance). Hence, the worth and dignity of the human personality has been made the fountainhead of human rights and have been elevated to the substantive elements of the Dynamic Concept of the rule of law and the basis of the modern African Constitutional State. Under the Colonial Rule both the Diceyan and the dynamic concept of the rule of law were not recognised. Instead, Colonial and racist regimes tried to create alternative institutions of government which denied the oppressed peoples the right to democratic self-governance and independence. However, Colonial and oppressed peoples relied on the dynamic concept of the rule of law in their freedom struggles and in the elaboration of their policies. Hence, the constitutions of all the former colonies in southern Africa under discussion were to different degrees informed by the Dynamic Concept of the rule of law. / Constitutional, International and Indigenous Law / LL.D