No abstract available. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Centre for Human Rights / unrestricted

Most of the European countries are now facing the common challenge from aging population. This affects the labour market and consecutively the economic engine. As a matter of course the Czech Republic has to welcome workers from outside sources to supplement its labour shortage. I've found that the majority of the migrant workers going to the Czech Republic are low skill ones and they concentrate in the lower tier of the labour market. The efforts of the Government to attract high skill workers have not been much successful in bringing more qualified foreigners to the country. The Vietnamese is the third largest migrant community in the Czech Republic with 60.301 registered people. For those who came here in the 70s and 80s, they have been legally and pretty successfully residing in the society. But for the new workers who were sent to work in Czech factories since 2006, the global crisis turned their lives into hardship. They lost jobs but they couldn't or didn't want to go home. They must hold on in this land with a hope to change their lives.

The paper addresses the impact of smoking in the Czech Republic in 2009. The aim is to describe the current facts and trends of tobacco consumption, assess the mortality attributable to smoking, compute its financial impact on the Czech state budget, evaluate the transmission of tax changes into the retail price of cigarettes, assess consumer price elasticity for cigarettes, and compute a fair excise tax on cigarettes for the Czech Republic as well as the tax which would maximise the benefits of smoking for the state budget. For our purposes, we define fairness as a situation in which there is no net redistribution of state budget funds between two groups of citizens: non-smokers and smokers. Smokers create benefits (for example, savings on pensions due to their earlier deaths) and costs (for instance, increased health care costs) for the state budget. We search for a tax rate that would balance smoking-associated costs and benefits. Furthermore, we also compute the tax which would maximise net revenues from smoking to the government. We realised these findings for the Czech Republic, 2009: we observed that there were 22,013 deaths attributable to smoking. About 2.281 billion cigarettes were sold illegally. The costs to the state budget caused by smoking were estimated to 30,547 million CZK,...

M.A. (French) / The novel, in Zalre, is proliferating despite the economic difficulties of the country. Popular writing, in particular, consisting of shortish books and selling for very reasonable prices, has become something of a phenomenon. The leader of that market, not studied here, is Zamenga. The two works chosen, Mais les pieges eieien: de la fete of Bwabwa wa Kayembe M. (1988) and Train des malheurs by Tshibanda Wamuela Bujitu (1990) illustrate a category of writing that reflects daily realities without making emotional demands on the reader. The heroes are virtuous, and there is a happy ending. A type of novel we have called intermediate makes more demands on the reader, and is particularly less simplistic as to its moral. Kin-Ia-joie Kin-la-folie by the journalist Achille Ngoye (1993) strike a chord of fellow feeling in the heart of . anyone struggling to live in Kinshasa and aware of the undercurrents of crime. The happy ending allows the reader to indulge in fairly deep reflection, or simply to close the book with pleasure. Le fils de la tribu by Pius Ngandu (1983) is much more troubling, unless the reader enjoys the beauty of a tragic ending. Above all, no reader can fail to reflect on the underlyirig-tl'!essage, Ngandu's plea for the· brotherhood of tribes and a cessation of the fratricidal wars ravaging Africa. The last text, Le bel immonde by V.Y. Mudimbe (1976) takes the reader into a category of much denser story-writing, and finds once again that the reader is not able to read without reflecting on the implications of what he has read.

M.Tech. (Engineering: Electrical) / In this study, we explore the DRC ICT environment and propose an ICT Innovation System. We also explore the RSA ICT Innovation System for comparability. The theoretical frameworks used are Actor-network Theory (ANT) and Capability Approach (CA). These frameworks allows us to understand interaction and interrelationship between different actors (human and non-human) i.e. actor-network with aligned interest which is ICT and socio-economic environment for producing successful network. CA allows us to understand ICTs as a commodity that provides opportunities by increasing capability. We use a mixed methods approach, consisting of qualitative and quantitative methods to collect and analyse the data. The interpretation was made in an integrative manner, findings of qualitative and quantitative are mixed for interpretation. Participants involved in the study were two DRC organizations for qualitative study: Ministry of Health (MoH) and Free University of Great Lakes (FUGL) with which we conducted four interviews. Other participants in the quantitative study are individuals that completed survey questionnaires with one hundred people at Eldorado Park in Gauteng province (RSA) and one hundred at Lemba in Kinshasa province (DRC). The emerged themes from our sampling were ICT partnership public-private; ICT Human resources; ICT Infrastructure; ICT4D (e-health, e-education, e-agriculture, universal access); Government ICT initiatives and ICT services and applications used. Findings as well as recommendations, based on themes and building block, consisting of actors and networks – institutions – knowledge, related to Sectoral Innovation System (SIS) applied to DRC ICT sector realities, showed: the necessity of transnational network between DRC Government - Private ICT Company & Investors - International & Regional Organizations for the establishment of models of ICT innovative projects, ICT legal framework and ICT finance. These actors and network will respond to socio-economic challenges such as poverty, illiteracy and disease through ICTs. We propose an ICT Innovation System for the DRC where the Government agencies, R&D centres, NGOs, public and private ICT companies, international and regional organisations will work together for ICT knowledge diffusion, cheap ICT solutions and an innovative legal for ICT framework specifically for DRC.

Magister Philosophiae - MPhil / Background: In the Democratic Republic of Congo, 22.2% of the total population is in the age group of 15 to 24 years. In this country, this population group faces a large number of reproductive health problems. Even though the concerned health officials have implemented several health care programs, the youth particularly girls still have many problems particularly lack of sexual health information, poor health care, inability to avoid early and unprotected sexual relationships, early marriage, early pregnancies, early childbearing, etc. Objectives: The aim of this study is to examine reproductive health issues among young women and to understand how they utilise the health care systems in their respective socio-economic and demographic characteristic. Data and Methods: Descriptive and multivariate analyses were used. Cross tabulation, Chi-square, Phi coefficient and Cramer‘s V were applied to test for association between independents and outcome variables. At multivariate level of analysis, binary logistic regression was performed. All analyses were performed using the Statistical Package for Social Sciences (SPSS) version 23.0. Results: The study found that young women who faced early sexual intercourse (OR=73.5) and those who experienced it at 16-17 (OR= 42.3) are more at risk of early marriage than those who initiated at the age 18-24. Meanwhile, young women with no education (OR=14.1), primary and secondary education (OR=10.7 and OR=8.6 respectively) have a higher risk of early union than their higher educated counterparts. Furthermore, respondents who married in their early adolescence (OR=38.3) and middle (OR=20.0) adolescence are more at risk of early childbearing than those who married in their emerging adulthood. Moreover, young women from Maniema, Equateur and Bas Congo provinces are 95%, 62% and 58% (respectively) less likely to have had at least four ANC visits than those from Kinshasa. Conclusion: There is an urgent need for formal sex education before first sexual initiation to give better options than early marriage to adolescent girls. Also, the disparities in the antenatal care services utilization between provinces should be addressed. The concerned authorities should balance the distribution of health facilities and qualified personal among provinces.

The Advertising Standards Authority‘s system of self-regulation compares favourably with that of similar bodies in many other countries. Its advertising code regulates, amongst others, offensive advertising. This study investigates whether the limitations imposed by the South African advertising code accord with the provisions of the South African Constitution. In order to examine this critically, an interpretative, comparative review of the literature on this topic was conducted. Offensive advertising is a form of freedom of expression that is protected in South Africa. It is accepted as such in constitutional jurisprudence, both in South Africa and internationally. The advertising code may therefore only limit advertising freedom insofar as the limitations of s 36 of the Constitution of the Republic of South Africa, 1996 permit it. In terms of s 36, the South Africa advertising code needs to constitute a ‘law of general application’. As a contract between advertisers and the Advertising Standards Authority, and also based on the advertising code’s legal underpinning in broadcast advertising, the code is ‘law’. Moreover, as a published document based on international advertising principles, the code is furthermore also accessible; and it has general application. However, the vague terminology employed in the offensive advertising clause means that the clause constitutes an unenforceable contract term. It is not sufficiently clear and precise to qualify as ‘law of general application’, with the exception of the provisions on gender offence, the offensive advertising provisions are not formulated with sufficient precision so as to enable advertisers to reasonably ascertain prior to publication whether an advertisement is likely to be acceptable. The Constitutional Court in Islamic Unity Convention v Independent Broadcasting Authority NO 2002 (4) SA 294; 2002 (5) BCLR 433 para 30 highlighted the categories of offensive material that can be expected to be regulated in a democratic society, if fairness and a diversity of views representative of South African society is to be achieved, namely material that is (1) indecent, obscene or offensive to public morals; (2) offensive to religious convictions; or (3) offensive to feelings of sections of the population . The study concludes that in respect of sex, nudity, violence, and language, advertising material should be limited to appropriate media placement in that the South African advertising code should aim to protect children and unwilling adult recipients from offence occasioned by encountering such material, rather than preventing moral deterioration. The study also concludes that when dealing with religious convictions, race, sexual orientation, ethnic or social origin, age, disability, and culture, the prohibitions on advertising should mirror the provisions of the Promotion of Equality and Prevention of Unfair Discrimination Act (Act 4 of 2000), dealing with hate speech: If a category of offence is to be banned, such offence cannot be merely shocking but must result in hate speech. The Promotion of Equality and Prevention of Unfair Discrimination Act is a direct result of the requirement in the Constitution, 1996 that national legislation must be enacted to prevent or prohibit unfair discrimination. Finally, the study proposes amended provisions relating to offensive advertising for the South African advertising code: Firstly, it is proposes that an advertiser‘s freedom of expression should be curtailed in a manner that ensures fairness and a diversity of views broadly representing a democratic South African society. Secondly, the proposal aims to ensure that offensive advertising provisions accord with the value system of the Constitution, 1996, when collectively weighing up the requirements and factors provided for in s 36 of the Constitution, 1996, together with all other relevant factors. / Thesis (LLD)--University of Pretoria, 2012. / Mercantile Law / unrestricted

Virtually all African autocrats now govern with parliaments and organize regular, multiparty elections. They have little choice. Since the end of the Cold War, Western governments have required nominally democratic institutions in exchange for aid, investment, and debt relief. With violent repression impossible to conceal from the international community, life as an autocrat has grown more difficult. Since 1989, autocrats forced to govern with nominally democratic institutions have been 80% more likely to lose power than their counterparts. Between 1986 and 2000, the number of autocracies in Africa fell from 45 to 30. The rate of democratization has slowed, for Africa's autocrats learned to survive democratic institutions. To understand how, this dissertation focuses on the Republic of Congo, ruled by Denis Sassou Nguesso for all but five years since 1979. Using original data on the Congolese elite, their political parties, elections, and the security apparatus, this dissertation finds that Africa's autocrats confront challenges old and new with different constraints. Accordingly, they find different solutions. Whereas autocrats once relied on single parties to prevent elite coups, they now secure compliance with social tools. By redefining the pool of candidates for the regime's critical positions, Africa's autocrats employ a "politics of hope," which induces loyalty when elites are excluded from the regime. To monitor appointees, Africa's contemporary autocrats create social institutions, in which new recruits interact with trusted aides. Autocrats supplement these with parallel governments, which force elites separated by cleavages to compete against each other. When Africa's autocrats deploy these monitoring devices effectively, they forgo arbitrary purges in favor of tenure policies that reward competence. The international community's insistence on elections creates "focal moments," when citizens sense their shared discontent. Since they believe international attention will shield them from repression, opposition leaders mobilize unrest. This institutional landscape compels autocrats to fashion electoral alliances with opposition leaders. By joining the regime they once impugned, opposition leaders sacrifice public credibility for ministerial perquisites. Popular goodwill constitutes an insurance policy, and so Africa's autocrats commission surrogates to generate it. With repression less credible, autocrats construct their security apparatuses to threaten violence without provoking it. / Government

In this study, a legal analysis is presented of the responsibility of the RPA,1 FDLR,2and FAZ3 for military operations conducted by them during the two Congo Wars (Congo War I and II) in the Democratic Republic of the Congo.4 In particular, an enquiry will be undertaken into the lawfulness of the killing of Rwandan refugees during these military operations. This will be achieved by looking at the requisite International Humanitarian Law and International Human Rights Law governing the protection of refugees in relation to the conduct of hostilities. Specific emphasis will be placed on the prevailing facts and circumstances relevant to the killing of refugees during the wars, and evidence provided by key witnesses will be relied upon to shed light on the situation on the ground. The study will examine the legal implications of the actions of the parties involved. It will look at who should be held accountable for the violations of Human Rights and Humanitarian Law in relation to the killing of refugees. Finally, certain recommendations will be made to address the deficiencies in the law in relation to the protection of civilian, especially refugees during armed conflict. Copyright / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

The main focus of this thesis is the threshold beyond which compensation is payable for breach of a stabilisation clause. The discussion is based on the tax stability clauses contained in the mining development agreements unilaterally cancelled by the Government of the Republic of Zambia in early 2008. The outstanding characteristic feature of the tax stability clauses was government’s undertaking that it shall not, for the stability periods ranging between 10 to 20 years, introduce new fiscal measures resulting in a “material adverse effect” on the distributable profits of the mining companies or the dividends received by the shareholders of the companies. Government further undertook to ‘fully’ and ‘fairly’ compensate mining companies should such measures be introduced during the stability periods. The question investigated by the thesis is whether the fiscal measures introduced by government in early 2008, as amended in 2009, have resulted in a “material adverse effect” on the distributable profits of mining companies or the dividends received by the shareholders of the companies and, therefore, entitle mining companies to compensation from government. The main findings of the thesis, among others, are that: <ul> <li>The threshold beyond which the obligation to pay compensation is triggered varies considerably depending on the specific contractual formulation of the stabilisation clause involved. However, it is significantly lower than the threshold beyond which host States must pay compensation in regulatory taking cases.</li> <li>Although there are several international arbitral awards in which payment of compensation has been ordered for breach of a freezing stabilisation clause, there is no known similar award in cases involving breach of an economic equilibrium stabilisation clause.</li> <li>Even in cases in which compensation has been ordered for breach of a stabilisation clause, there is no evidence of how much the presence of a stabilisation clause contributes to the total quantum of the compensation awarded. The tribunals either take a "contractual perspective" or an "expropriation perspective" to arrive at their respective decisions on the quantum of compensation.</li> <li>International arbitral tribunals take into account any ‘excessive’ or ‘windfall profits’ made by investors in deciding the quantum of compensation payable to the investor for breach of a stabilisation clause.</li> <li>The tax stability clauses contained in the mining development agreements cancelled by the Zambian government are typical economic equilibrium stabilisation clauses.</li> </ul> Based on these findings, among others, the thesis has concluded that there are equal chances that the Zambian government may or may not be ordered to pay compensation to the aggrieved mining companies. Notwithstanding this conclusion, however, the thesis has noted that government’s unilateral cancellation of the mining development agreements has potential to negate the country’s investment image. Against this background, the recommendation of the thesis is that government and the aggrieved mining companies must engage in discussions with a view to reaching at an amicable solution to their standoff. The rationale behind the recommendation is that an amicable solution presents a perfect opportunity for both parties to come up with a decision that is mutually beneficial to their interests. Also it is less costly than international arbitration. / Dissertation (LLM)--University of Pretoria, 2010. / Centre for Human Rights / unrestricted