Theses and Dissertations (Centre for Human Rights)

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The second wave of criminalising homosexuality in Kenya, Nigeria, and Uganda
Osogo, Ambani J. (University of Pretoria, 2016-10)
This thesis is a critical evaluation of the second wave of criminalising homosexuality in Kenya, Nigeria, and Uganda against the backdrop of the Separability thesis, secularism, and international human rights law. During the second wave of criminalising homosexuality in the aforementioned countries, attempts have been made to expand the scope of anti-homosexuality offences and prescribe harsher penal sanctions for the offences. The new wave is sufficiently methodical to ensure not only the proscription of homosexual acts but also the curtailment of crucial entitlements like the rights to life, equality, free speech, association, and assembly, access to healthcare, housing, property, employment, privacy, human dignity, and family. To support these stern measures, Kenya, Nigeria, and Uganda have made four main arguments: a) the ‘cultural thesis’, which argues that homosexuality is unAfrican and foreign; b) the ‘morality thesis’, which posits that homosexuality is immoral, unnatural and abominable; c) the ‘religious thesis’, which contends that homosexuality contradicts the teachings of both the traditional African religion and the ‘received’ faiths - Christianity and Islam; and d) the ‘rights-based thesis’, which maintains, first, that homosexuals demand more rights than are enjoyed by their heterosexual counterparts, and, second, that the kind of entitlements championed by the pro-homosexuality movement are not covered by the existing human rights frameworks. This thesis evaluates all these arguments. The thesis further contributes to the body of knowledge by studying the history of regulating homosexuality in Africa with the view to discovering whether homosexuality is African or alien and tracing the crime of homosexuality to its cradle, the United Kingdom, with a view to analysing its original character and rationale(s).
The role of national courts in the arbitration process
Rantsane, Ditaba (University of Pretoria, 2016-10)
The thesis entitled “The Role of National Courts in the Arbitration process” notes with concern the outdated and inadequate nature of the Arbitration law currently applied in South Africa. The fact that the Act was enacted in 1965 and has never been amended highlights the desperate need to review the prevailing arbitration law with a view to aligning it with the current needs of the business world. It raises three primary research questions in this context. First, does arbitration law in South Africa offer the benefits that were envisaged when arbitration was first developed as an alternative dispute resolution mechanism? Second, does the manner in which arbitration law is practiced in South Africa offer adequate protection to consumers who are vulnerable due to the inequality of bargaining power between themselves and large corporations? Third, is the current practice of arbitration in South Africa constitutional, particularly because of its potential limitation of the constitutional right of the parties to access the court? The thesis attempts to answer these questions and offer recommendations for the South African Law Reform Commission (SALRC) within the specific context of commercial arbitration. In addressing these research questions, the thesis incorporates a brief overview followed by a detailed discussion of the Arbitration law framework in South Africa and abroad. The discussion of arbitration abroad is done in order to identify best practices which could be adapted to suit the South African environment. The International Arbitration law receives attention and a few observations regarding how selected foreign jurisdictions treat arbitration is also included. Finally, the thesis explores the possibility of establishing an independent institution that will be fully equipped to handle arbitration proceedings from inception to completion.
Realising the right of access to basic education in Nigeria : beyond the rhetoric
Onuora-Oguno, Azubike (University of Pretoria, 2015)
he state of access to basic education in Nigeria has been abysmal and worrisome in recent times. Close to 10 million children are said to be out of school in Nigeria out of the over 50 million of the world’s out of school children. Several factors contribute to these non-encouraging statistics. Increasing attacks on children in school areas and the apparent rejection of the style of education make the situation of basic education in Nigeria pathetic. Despite the gloom, successive governments in Nigeria all claim to be making a substantial input into reversing the state of basic education, with all efforts appearing to be mere rhetoric. On this basis, the thesis advances the recognition of basic education as a fundamental right in Nigeria as a necessary shift from the present situation of its recognition as a mere directive objective of state principle. It examines the role that national and international laws can play in aiding the enhancement of access to quality basic education. In addition, it examines both legal and non-legal institutions that are able to assist in the quest for enhancing access to basic education. To achieve this, the thesis traces the history and philosophy of education, generally, and particularly in Nigeria. It examines the development of both law and policy from the pre-colonial, colonial and post-colonial eras. Besides the challenges of policy and law, cultural, ethical and corruption pitfalls are identified and discussed as major inhibitors of access to basic education. The thesis further analyses the budgetary challenges and argues for enhanced funding of the education sector, with the attendant political will to curb corruption. The thesis is grounded in the triad of theories, namely, the classical, deliberative and struggle theories, to advance the need for the fundamental nature of basic education and the need to keep the discourse within the judicial sphere. The theories are further grounded on the assumption, among others, that the court and strengthened institutions can aid the realisation of access to basic education. Furthermore, the thesis looks, beyond the horizon of Nigeria particularly to South Africa and India, with the aim of identifying how the judiciary and national human rights commissions have approached the issue of basic education. In discussing basic education, vulnerable groups, such as the girl child and physically-challenged child, are also examined. In conclusion, the thesis found that the law is a valid tool in the quest for eliminating challenges that have kept access to basic education in Nigeria mere rhetoric. It therefore recommends that there is a need to review the legal framework of institutions such as the Universal Basic Education Commission, the Teachers’ Registration Council of Nigeria, the National Human Rights Commission of Nigeria and the judiciary, among several other institutions. It encourages further co-operation and synergy among institutions, particularly between non-governmental organisations, represented by the Nigerian Bar Association.
Utilizing the WTO-TRIPS flexibilities on public health at a regional level : a critical review of the East African Community framework
Wabwire, Joshua (University of Pretoria, 2014-05)
The East African Community (EAC) states recently adopted a policy on utilising the WTO-TRIPS flexibilities on public health. The policy spells out a number of flexibilities and the minimum standards thereof to be enacted in domestic legislation. This study critically reviews this policy. In doing this, the study notes that the EAC member states, like most developing states, have very low per capita income levels. The people are too poor to afford expensive medicines. At the same time, these countries are faced with peculiar, region-specific diseases, the so-called ‘African diseases.’ Already, these diseases have been neglected by foreign pharmaceuticals reluctant to invest in developing medicines for poor markets. There are no established pharmaceuticals in the EAC states. It is against this background that this research makes an argument against the aforementioned policy. It will be demonstrated that the policy is biased towards ensuring access to medicines through price-reduction, at the expense of patent protection. This approach is inappropriate because: first, given the absence of market incentives to invest in developing medicines for African diseases, the policy will only worsen the already bad situation since it undermines the strongest alternative incentive (patent protection); and second, such a policy will not only discourage foreign pharmaceuticals further but also suppress domestic pharmaceutical activity, which is undoubtedly necessary in view of the growing neglect of African diseases by foreign pharmaceuticals.
Enhancing public participation in local government through structural empowerment
Murden, Davina (University of Pretoria, 2025-11-18)
The objectives of this thesis are: to investigate the state of public participation in various municipalities across South Africa; to examine whether Kanter’s theory of structural empowerment has the potential of improving the performance of local government officials; to assess the extent to which community empowerment can complement structural empowerment to improve the state of public participation in South Africa. The study uses Kanter’s theory of structural empowerment as the theoretical backbone. The four main factors featuring in the theory are access to information, professional support, mobilisation of resources, and the structure of opportunities. These are analysed in relation to the performance of local government officials, and the extent to which the lack of these features hinders the state of public participation. Further, the concept of community empowerment is used a guideline to assess the effectiveness of existing mechanisms that seek to advance public participation. Four main findings emerged from the research. Firstly, it was found that, despite the strong legal framework supporting public participation in South Africa, in practice, public participation is rather tokenistic, at several instances, without genuine intentions to accommodate the public at the decision- making table. Secondly, local government officials are not properly empowered to serve as effective agents of democracy. Thirdly, the interests of the public are often undermined because ward committee members sometimes prioritise political party interests or lack the necessary skills to effectively facilitate public participation in budget and service delivery planning. Fourthly, there is no proper initiative put in place to genuinely encourage the participation of the public, especially the powerless communities such as those living in informal settlements, thereby limiting their access to decision-making processes. These findings highlight structural weaknesses in both institutional capacity and community engagement, underscoring the need for targeted interventions to strengthen public participation. Subsequently, the study provides recommendations to political parties, local government institutions, and the South African Local Government Association (SALGA) on how structural empowerment and community empowerment can improve the state of public participation in South Africa.
Queer world-making and human rights: a literary study of John Boyne’s The heart’s invisible furies
Carolin, Andy (University of Pretoria, 2025-10-30)
In 2015, the Republic of Ireland became the first country in the world to legalize same-sex marriage by popular vote. The referendum results were enthusiastically embraced both within Ireland and internationally, with Ireland immediately coming to signify a seemingly inevitable global march towards lesbian, gay, bisexual and transgender (LGBT) rights. The country was seen as having escaped the narrowly religious parochial constraints of its Catholic-dominated history. However, while this vote was indeed a significant milestone for LGBT persons in Ireland, its enthusiastic embrace also conceals a less linear and more complicated history of sexual rights, in which certain forms of sex and sexuality remain in the shadows of exclusion and shame. This study uses queer world-making as its theoretical lens to explore the discursive and ideological history of sexuality in Ireland over the past several decades. In particular, it outlines the tensions between human rights discourses, on the one hand, and the more expansive vision of queer world-making, on the other. While both human rights and queer world-making map aspirational vistas for improved lives for LGBT persons, they do so in often vastly different ways. Whereas human rights are structured around normative measurable standards for the improved ‘livability’ of LGBT lives, queer world-making challenges the normative logics that often underpin human rights law, offering a radical reframing of the politics of shame, identity, respectability, desire, victimhood, success and kinship that so often subtend normative discourses of sex and sexuality. The study begins by tracing the history of sexual rights within international, regional and national frameworks. Adopting a literary studies methodology grounded in close reading, the study then uses John Boyne’s novel The heart’s invisible furies, which was published after the referendum, as a case study to complicate the somewhat limited designation of Ireland as the twenty-first century harbinger of LGBT rights. The study focuses on how the novel inadvertently reveals the costs of sanitisation, desexualisation and the politics of respectability through which the LGBT rights agenda has often been articulated. The study concludes with a consideration of what the implications of a more radical project of queer world-making might be for rethinking sexual rights in Ireland.
Turning legal gains into community ownership in the eradication of child marriage in Malawi: an African decolonial feminist approach
Kakhobwe, Yumba Bernadette (University of Pretoria, 2025-12-30)
The thesis proposes an African decolonial feminist framework that centres community participation as a necessary component in the eradication of child marriage in the Malawian context. The research posits the deep-rootedness of gender norms as a complex amalgamation, influenced by both colonial and African patriarchal value systems, of which child marriage is partly a result. Furthermore, the embeddedness of this harmful cultural practice requires deeper transdisciplinary inquiry. It’s meaning, and how it assists in sustaining community ethos should therefore not be underestimated. In addition, it’s eradication cannot depend on focusing only on shifting the mindsets of girls, but must include crafting approaches that resonate with the communities in which girls reside, as an invitation to re-evaluate and reframe how girls are valued. It is necessary for approaches to respect the very communitarian ontologies that colonialism sought to destroy. As such, while nurturing the agency and autonomy of girls is critical, building ally-ship between girls and their communities is a necessary gender transformative mechanism. An African decolonial feminist approach that is determined to facilitate the reconstitution of girls’ identities must insist on acknowledging the meaning derived from harmful cultural practices, and not necessarily to condone them. The purpose is to honour how deep rooted they are, and to identify potential areas for negotiating ways to create safer environments for girls.
Mortgaging Africa: International law and human rights principles governing the collateralisation of strategic state assets
Gikonyo, Ivy (University of Pretoria, 2025-11-19)
It is becoming increasingly difficult to ignore the trending tweets, memes and media reports speculating about the fact that the strategic assets of various African states may have been given as collateral for sovereign debt. This is a debate that has pitted leaders against each other, with some claiming to be whistle-blowers on a mission to expose the covert deals that led to these assets being pledged and yet, on the other end of the divide, others swearing to the non-existence of such agreements. Meanwhile, the populace is on a pendulum, being pulled to both sides, the oscillation leaving them with more questions than answers. Against this background, this thesis, titled ‘Mortgaging Africa: International law and human rights provisions governing the collateralisation of strategic state assets’ adds an academic voice to the discussion by considering the nature and legality of sovereign debt agreements that collateralise strategic state assets. It demonstrates the significance of strategic state assets to nation states and, consequently, the need for the regulation of their collateralisation. Through theoretical analysis, it assembles applicable international law principles, including human rights standards, that should inform the collateralisation of strategic state assets in Africa. It also analyses existing legal frameworks under which sovereign debt agreements are concluded to identify gaps, drawbacks and best practices. It emerges that the collateralisation of strategic state assets is a serious undertaking with potentially serious effects on human rights. The control of such important assets by foreign entities who are motivated by interests other than public welfare means that the state is vulnerable to hostilities as the government’s sovereign power diminishes, including its power to protect and promote human rights. For African states, with their colonial histories and shared development and political challenges, this potentiality raises concerns of power asymmetries influencing the terms of sovereign debt contracts. By examining the power by which states borrow, it emerges that there is a lack of transparency and public participation in sovereign borrowing processes. This can be attributed to the absence of an exclusive framework for sovereign debt that ensures that fairness, legitimacy and public policy are upheld. Correspondingly, there is no standard legal approach to dealing with the collateralisation of strategic state assets in a rights-respecting manner. Accordingly, the strengthening of national public debt management laws, the adoption of an African sovereign debt framework for collective bargaining rooted in Afrocentrism and the recognition and codification of the odious debt doctrine are recommended.
Assessing the legality of autonomous sanctions in international law
Mapete , Lebogang Ruth (University of Pretoria, 2025-09-22)
Autonomous sanctions are restrictive measures imposed by individual states or re-gional entities without explicit authorisation from the United Nations Security Council. This research paper examines the legality of autonomous sanctions in international law and their compatibility with international legal frameworks and human rights standards. The study explores the legal status of autonomous sanctions, assessing whether they function as legitimate tools for international law enforcement and whether they can appropriately respond to state behaviour in the absence of United Nations Security Council resolutions. Additionally, it investigates whether modern autonomous sanctions conflict with international human rights law, identifying which legal framework takes precedence when such conflicts arise. To address these ques-tions, the paper adopts a case-by-case analysis, utilising case studies to evaluate the legality and implications of autonomous sanctions in various contexts. The find-ings reveal that while autonomous sanctions are not inherently illegal under inter-national law, their legitimacy depend on their adherence to principles of proportionality, necessity, and respect for fundamental human rights. Moreover, conflicts between autonomous sanctions and international human rights law often arise, necessitating more robust mechanisms to mitigate human rights violations and pro-vide remedies for affected individuals and entities. The study concludes by recommending guidelines to enhance the alignment of au-tonomous sanctions with international law and human rights obligations. These recommendations aim to ensure that autonomous sanctions serve as effective and lawful instruments of international governance while safeguarding the rights of those targeted.
The adequacy of the Basic Education Laws Amendment Act 32 of 2024 (BELA) to Transform Basic Education in South Africa
Skosana, Masego (University of Pretoria, 2026-02-17)
This mini-dissertation evaluates the adequacy of the Basic Education Laws Amendment Act 32 of 2024 (BELA) as a transformative intervention within South Africa’s basic education system. Although the South African Schools Act 84 of 1996 sought to democratise school governance through School Governing Bodies (SGBs), the decentralisation of authority over admission and language policies has contributed to persistent inequalities in access to well-resourced public schools. The study investigates whether BELA’s reforms, which strengthen state oversight over these policies, can meaningfully advance the right to basic education and disrupt patterns of exclusion rooted in apartheid’s educational legacy. Using a human rights-based approach and the framework of transformative constitutionalism, the research analyses legislative amendments alongside education jurisprudence and scholarly debate. It argues that BELA represents an important normative shift toward equity and inclusion, but its transformative potential ultimately depends on effective implementation, institutional capacity, and the availability of adequate educational resources.
Street-level bureaucrats: socio-cultural and religious barriers to comprehensive sexuality education for young people in The Gambia
Jobarteh, Mallen (University of Pretoria, 2025)
This dissertation examines the implementation of comprehensive sexuality education (CSE) within The Gambia’s Comprehensive Health Education framework from a human rights perspective. While The Gambia has ratified international and regional instruments guaranteeing children’s rights to health, education and access to information, gaps persist between formal commitments and classroom delivery. Drawing on the theory of street-level bureaucracy, the study analyses how teacher discretion, socio-cultural influences and weak monitoring mechanisms affect the consistent delivery of rights-based CSE content. Through desk-based research and comparative analysis with South Africa’s institutional approaches, the study evaluates the extent to which The Gambia’s framework aligns with international standards. It argues that inadequate regulation and monitoring enable discretionary omissions that undermine young people’s rights and constitute a failure to fulfil the state’s human rights obligations. The dissertation concludes by proposing targeted legal, institutional and accountability reforms to strengthen curriculum implementation and ensure effective realisation of CSE.
A children’s rights approach to deprivation of liberty of children for serious offences in Zimbabwe
Nyathi, Nqobani (University of Pretoria, 2025-10-10)
Children’s rights standards have evolved over time to limit deprivation of liberty of children in the administration of justice. Yet, in practice, many jurisdictions remain punitive and misaligned with the international law normative framework. Within this context, responding to serious offences by children presents peculiar challenges, as states struggle to balance children’s rights in the administration of child justice and other aims of the criminal justice system, such as the protection of public safety. This thesis examines the deprivation of liberty of children for serious offences, identifying deficiencies in Zimbabwe’s domestic legal framework and their implications under international law and standards. From a theoretical perspective, it challenges the efficacy of punitive measures as responses to serious offending by children. Drawing on the normative standards established by the Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child, relevant soft law instrument and building on the concept of child-centred justice, the thesis emphasises that regardless of the nature of the offence, responses must always be rights based and aimed at rehabilitation, reformation and reintegration of the child, taking into account their developmental needs. An examination of the Zimbabwean legal framework shows implementation gaps in aligning with international children’s law. Although Zimbabwe’s constitution contains fairly comprehensive provisions on children’s rights, including that a child shall not be detained except as a measure of last resort and, if detained, for the shortest appropriate period, the absence of a separate legal framework for the administration of child justice poses challenges for the practical implementation of the constitutional guarantees. This has led to shortcomings, such as prolonged pre-trial deprivation of liberty, and while sentencing practices show mixed approaches, punitive sentences involving deprivation of liberty are imposed on children. The study also analyses recent reform initiatives, such as the Child Justice Bill and the extent in which they are influenced by the international law normative framework and how these developments can be strengthened to ensure that they anchored on the concept of child-centred justice. This thesis argues for a child-centred approach to the deprivation of liberty of children for serious offences. It calls for a principled approach underpinned by comprehensive, forward looking non-custodial measures, including restorative justice mechanisms that are victim sensitive and aimed at achieving long term public safety. No child, regardless of the offence, is beyond the reach of child-centred justice approaches grounded in rehabilitation, restoration and reintegration, measures that must always be considered as the first resort.
Developing conceptions of women’s equality: considering the role of social and cultural capital
Mashilo, Matholo D (University of Pretoria, 2025-11-30)
This study investigates the changing understandings of equality across various disciplines, asserting that current definitions and frameworks are incomplete without a thorough engagement with the elements of social capital and cultural capital. Situated mainly within Sandra Fredman's four-tiered framework of equality, this research examines how conventional approaches fail to encompass the intricate, frequently unseen mechanisms by which inequality is perpetuated. Fredman's tiers (redistribution, recognition, participation and transformation) serve as an analytical framework to examine how equality can progress beyond formal and remedial measures towards more substantive systemic reorganisation. The study outlines, however, that this framework's consideration of social and cultural capital, when it does, is insufficient. The analysis emphasises the significance of relational networks, cultural knowledge, and normative practices in shaping access, opportunities, and a sense of belonging. By integrating insights on social and cultural capital, the study demonstrates that inequality endures not merely due to the uneven distribution of material resources but also because individuals occupy varying positions within social and cultural structures that influence redistribution, recognition, participation and transformation. The study concludes that attaining substantive equality necessitates that integrating social and cultural capital into discussions of equality enhances both theoretical precision and policy formulation, facilitating reforms that not only mitigate how inequality manifests but also interrogate and alter the structural conditions that perpetuate it.
The role of sanctions in the deterioration of the protection of human rights in Zimbabwe
Magaisa, Tanya Tintswalo (University of Pretoria, 2026-02-17)
This study investigates the legality, history, nature, and socio-economic impact of Western sanctions on Zimbabwe, which have significantly contributed to the country’s economic decline over the past 25 years. At the time of independence in 1980, Zimbabwe experienced an economic growth rate of 14.42%, but by 2024, this had declined sharply to 3.2%, with estimated cumulative revenue losses from sanctions exceeding USD135 billion by the end of 2023 (World Bank, 2024). Zimbabwe has since become a global example of a state suffering from compounded economic, political, and institutional challenges. Weak institutional capacity undermines accountability, transparency, and adherence to the rule of law. Governance indicators, including political stability, government effectiveness, regulatory quality, and corruption control, consistently reflect poor performance. The country also faces systemic challenges in registering businesses, resolving insolvency, enforcing contracts, and safeguarding property rights (Rwodzi, 2024). These structural deficiencies impede economic competitiveness, innovation, and investment.
Sexual orientation and human rights: An analysis of inclusive education and policy reforms in South African public schools
Mampuru, Segopotje (University of Pretoria, 2025-07-10)
The review study critically examine the extent to which South Africa’s inclusive education policies address the rights and needs of LGBTQ+ learners within public schooling environments. It is based on a desktop policy review methodology, the study analyses key legislative and policy instruments including the South African Schools Act (SASA), Education White Paper 6, the Screening, Identification, Assessment and Support (SIAS) Policy, and the Curriculum and Assessment Policy Statement (CAPS) for Life Orientation. While these frameworks are underpinned by constitutional commitments to equality, human dignity, and non-discrimination, I argue that their implementation remains predominantly biomedical and disability-focused, with limited recognition of identity-based psychosocial barriers. The findings in the study reveal three recurring gaps being, the absence of explicit protections for sexual and gender diversity, weak curriculum integration and educator capacity, and limited institutional accountability. The LGBTQ+ learners continue to experience marginalisation due to heteronormative assumptions, inadequate teacher training, and the lack of monitoring mechanisms that capture identity-based discrimination. I argue that symbolic inclusion must be replaced by structural reform, including policy amendments, curriculum transformation, targeted educator development, and robust data mechanisms or systems. Ultimately, the research study recommend for a shift from rhetorical commitment to realisable or actionable change, asserting that the meaningful inclusion of LGBTQ+ learners is essential to realisation of the constitutional promise of substantive equality, human dignity, gender diversity and inclusivity in education.
An analysis of the link between gender based violence and disability in Zimbabwe.
Mutemeri , Natasha (University of Pretoria, 2025-10-29)
People with disabilities are more likely to be exploited, experience violence, and abused than non-disabled people, according to substantial global research. 1 The study found that females and young people are more vulnerable to abuse and harm in disability communities. 2 According to the Women’s Aid study, females with disabilities are twice as likely as their non-disabled counterparts to experience gender-based violence. The study found that discrimination against people with disabilities and patriarchal views toward women enhance the risk of GBV against women and girls with disabilities. Women and girls with disabilities are more likely to experience aggression, harm, abuse, discrimination, casual treatment, mistreatment, or exploitation both within and outside of the home. According to the Convention on the Rights of Persons with Disabilities (CRPD), attitudes towards women with disabilities in patriarchal cultures, as well as discrimination toward persons with impairments, enhance the risk of violence against them.4 The perpetrators of violence are caregivers, either at home or in institutions, but females with disabilities encounter obstacles or hurdles in society. Women with disabilities in Zimbabwe are subjected to mistreatment by family members or abusive partners as a result of economic challenges and societal pressures. Females with disabilities are subjected to violence in their homes, communities, and institutional settings. 5The researcher intends to critically examine the nexus of disability, GBV, and intimate relationship abuse. The research will assess how successfully Zimbabwean legislation protects the rights of disabled women from gender-based violence, focusing on intimate partner violence. The study will provide an overview of existing legal systems, with an emphasis on international human rights and policy frameworks.
Shifting from Eurocentrism to Afrocentrism : reimagining the curriculum and pedagogy of human rights education at selected law faculties in Commonwealth Africa
Gbam, Janet Uosu (University of Pretoria, 2025)
This thesis argues that the human rights education curriculum and pedagogy in law faculties of Commonwealth African tertiary institutions should be reimagined to reflect Afrocentric principles that meet the realities of people in their various contexts. This reimagining departs from the status quo, which is heavily Western in orientation, in keeping with the Eurocentric legacies of colonialism and imperialism. Eurocentrism denigrates paradigms that are non-European as inferior, uninformed, and unworthy of any standard application. By tracing the history of pre-colonial education, colonialism, imperialism and human rights education in Commonwealth Africa, the thesis contends that almost every aspect of African life, including education, has been determined by the overwhelming influence of Eurocentric colonial paradigms. The thesis argues for a shift from using non-African paradigms to framing Afrocentric pedagogies in African human rights education systems. To explore the subject and provide recommendations for contextual relevance, the thesis focuses on the nature and content, aims and pedagogical tools, stakeholders, and theoretical framing of the curriculum and pedagogy of human rights education in twelve universities teaching law and some aspects of human rights law in Commonwealth Africa: the University of Pretoria, South Africa; University of Botswana; Makerere University, Kampala, Uganda; University of Buea, Cameroon; University of Lagos, Nigeria; University of Ghana; University of Nairobi, Kenya; University of Namibia; University of Makeni, Sierra Leone; National University of Lesotho; University of Mauritius; and University of Dar es Salaam, Tanzania. Eurocentrism manifests as an overreliance on historical, literary, and general perspectives from the West, the use of language, pedagogical and assessment processes that do not encourage critical thinking. Thus, by superimposing the English language, prioritising Eurocentrism and methodologies as the primary language of instruction and assessment, the superiority of Western standards is reinforced, undermining the relevance of other ideas and alternative standards. Another feature identified includes the lack of emphasis on experiential learning rather than an overreliance on theoretical methods, which limit the ability of students to interact with and contribute to real and actual human rights issues in their communities. The curricula of the twelve universities are investigated, and the findings show a reliance on content and methods rooted in Eurocentric sources often at the detriment of African sources and perspectives; including the philosophical underpinnings of the African regional human rights system and the national frameworks. The thesis also highlights the unique features, testing the extent to which curricula and pedagogies reflect Eurocentric ideologies, and suggesting Afrocentrism as a framework for reimagining the curriculum for African law faculties. The findings showed that while most universities had some aspect of human rights content in the curriculum, the curricula lacked comprehensiveness, particularly in historical and theoretical framing, neither was it multidisciplinary in approach and pedagogy and placed limited emphasis on experiential learning, highlighting the need for more practical approaches to learning to better equip learners in advocating for human rights. The thesis further highlights the features of an Afrocentric curriculum and pedagogy for human rights education as contextual, theoretically relevant, multicultural, multidisciplinary, and continuously evolving with emerging issues. It recommends recontextualising the curriculum and proposes practical ways that various stakeholders, including academia, civil society, the African human rights regional bodies, and especially students, can adopt in reimagining human rights education in law faculties in African universities. Ultimately, the thesis promotes Afrocentrism and advocates reimagining human rights education from its present Eurocentric outlook. The thesis concludes with a sample curriculum that serves as a guide for universities looking to strengthen existing or adopt a new curriculum on human rights education in their institutions. KEYWORDS: Human Rights Education, Eurocentrism, Afrocentrism, reimagining, Commonwealth Africa, law faculties, curriculum, pedagogy
The contribution of legal frameworks on access to information to socio-economic progress in Africa : case studies of Nigeria, South Africa and Uganda
Shyllon, Ololade Olakitan (University of Pretoria, 2016-09)
The wanting state of socio-economic development in Africa is well documented. The regrettable paradox is that, with the abundance of natural resources in the form of mineral deposits, arable land and human resources, most African States are well placed to ensure a the standard of living necessary for a dignified life for its people. However, corruption, bad governance, lack of transparency and accountability continue to deprive most on the continent of their basic socio-economic needs. Although not explicitly provided as a right in any of the international human rights instruments, access to information has come to be recognised internationally as a right, separate and distinct from the right of freedom of expression from which it originates. As a result, African States are increasingly adopting legal frameworks to give effect to this right within their domestic legal systems. This thesis adopts a descriptive, analytical and qualitative case study approach in demonstrating the utility of the constitutional, legislative and alternative generic frameworks on access to information in contributing to socio-economic progress. Using Nigeria, South Africa and Uganda as case studies, empirical evidence is provided of the enabling role of access to information in improving socio-economic progress in Africa. Despite the general historical deficiencies in their development and implementation in Africa, the combination of constitutional provisions and specific legislation on access to information, provide the best domestic legal framework for the effective domestic implementation of the right of access to information. Furthermore, beyond successful reliance on these legal frameworks, socio-economic progress can only be attained with the strategic use of information so acquired. However, given that majority of African States have neither of these frameworks, the use of alternative legal frameworks such as those on public procurement, environmental impact assessment and anti-corruption should continuously be explored and exploited as viable alternatives. To achieve more widespread and impactful contribution of access to information on socio-economic progress in Africa, this thesis recommends not only increased efforts towards the adoption and effective implementation of all three layers of legal frameworks but also calls for reinvigorated civil society efforts focusing on strategic advocacy, litigation, capacity building and collaboration.
Bridging the gap in individual access to the African Court : the role of the African Commission
Kaunda, John (University of Pretoria, 2025)
This mini-dissertation explores how the African Commission on Human and Peoples’ Rights can effectively bridge the growing gap in individual access to the African Court on Human and Peoples’ Rights. The Court was established to complement the protective mandate of the African Commission and provide binding judicial remedies for human rights violations, yet most Africans remain unable to access it directly because their governments have not deposited the optional declaration under Article 34(6) of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment on an African Court. The research adopts a qualitative doctrinal methodology which analyses legal instruments such as the African Charter, the Protocol, the 2010 and 2020 Rules of Procedures of the African Commission and African Court, alongside relevant case law and scholarly literature. The findings reveal that while Article 5(1)(a) of the Court Protocol empowers the Commission to refer cases to the Court on behalf of victims, this mechanism has been severely underutilized, with only three case referrals to date. The study further finds that the replacement of Rule 118 (2010) with Rule 130 (2020) of the Commission’s Rules of Procedure has narrowed the scope for referrals, restricting them to the pre-admissibility phase and thereby weakening the principle of complementarity that underpins the African human rights system. A comparative analysis with the Inter-American system demonstrates that strategic and structured referrals can significantly enhance access to justice and institutional synergy The study concludes that revitalizing the Commission’s referral function through clearer procedural guidelines, enhanced institutional capacity, and renewed political will is essential to preserve the African Court’s existence amid declining state acceptance of individual access. Strengthening this mechanism will ensure that the African human rights system remains genuinely accessible to all Africans and that the promise of justice enshrined in the African Charter is effectively realized.
Protection of socioeconomic rights of internally displaced persons in Somalia
Yusuf, Abdikarin Said (University of Pretoria, 2025-10-08)
Internal displacement in Somalia is one of the most enduring and intricate humanitarian crises worldwide, driven by decades of armed war, clan-based violence, governmental instability, and recurrent climate-related calamities. As a result, over 4.1 million individuals, predominantly women and children, continue to be internally displaced, enduring persistent infringements of their socioeconomic rights. The rights to appropriate housing and decent education are significantly compromised due to forceful evictions, precarious land tenure, congested informal settlements, and restricted access to educational facilities. Despite Somalia's ratification of essential international and regional human rights agreements, such as the ICESCR, the African Charter, and the Kampala Convention, and its provision of basic social benefits in its 2012 Provisional Constitution, implementation has been inadequate. This study used a doctrinal research methodology to examine Somalia's legal and policy framework for the protection of internally displaced persons (IDPs), assess its compliance with international obligations, and compare it with Kenya's IDP law and policy implementation. Research indicates that although advancements have been achieved in establishing normative and institutional frameworks, significant deficiencies persist in enforcement, coordination, monitoring, and service provision. The study indicates that Somalia urgently requires enhanced legislative enforcement, sustainable solutions, and integrated governance mechanisms to fulfil the right to housing and education for IDPs. Proposed actions include fortifying the legal framework to safeguard land rights and avert forced evictions, broadening educational access, augmenting institutional capacity, and incorporating exemplary practices from Kenya to enhance policy implementation. Implementing these measures is crucial to protecting the dignity, equality, and sustainable living conditions of Somalia's internally IDPs.

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