Opposition Parties and Democracy in South Africa

1991 ◽  
Vol 20 (1) ◽  
pp. 15-22
Author(s):  
Marina Ottaway
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Economic System ◽  
Economic Hardship ◽  
The State ◽  
The Political ◽  
Human Rights Violations ◽  
Military Regimes ◽  
State Of Mind ◽  
African Socialism

In the heydays of African socialism, Tanzanian President Julius Nyerere declared that socialism was a state of mind. It was, it turned out, the state of mind of some intellectuals, but neither of the mass of the population nor of those in a position to turn an ideal into a political and economic system. In the early 1990s, democracy was sweeping through the continent—as the state of mind not only of a few intellectuals but of a larger segment of the population, although by no means all. It was revulsion against the abuses and human rights violations perpetrated by single party and military regimes, against the lack of accountability of leaders and the economic hardship brought about by years of mismanagement on the part of officials seeking first the political kingdom.

scholarly journals The Political Economy of the State and Human Rights Violations: A Case Study of the Nigerian State Under the Goodluck Jonathan Administration (2010 – 2015)

2017 ◽  
Vol 13 (28) ◽  
pp. 182
Author(s):  
Olulana Olubankole Daniel
Keyword(s):  
Political Economy ◽  
Human Rights ◽  
International Political Economy ◽  
The State ◽  
The Political ◽  
Human Rights Violations ◽  
Ruling Class ◽  
Human Rights Protection ◽  
Protection Of Human Rights ◽  
Global North

In spite of the significant efforts and influence elicited by relevant actors and mechanisms poised playing a watchdog and/or regulatory role over the states activities for an enforcement of human rights protection, the state has been observably seen to continue to record human rights violations across various countries of the world. The case is particularly more sordid for countries of the global South integrated into an international political economy structure that engenders continue far reaching relations of exploitive dominance by states of the global North and their corresponding Dominant Class. This paper examines the outlook of the state’s record of human rights violations under the Goodluck Jonathan Administration to understand if this pattern still holds sway. It also seeks to explain, with the aid of an eclectic theoretical framework constituting a mix of the Marxist and Neo-Liberal theory within the Political economy Approach, whether or not the state may continue to record human rights violations given its nature and character. The study discovered the foregoing statement to be in the affirmative and underscored the relevance of such an understanding in informing the need for the continuing enforcement efforts and influence exerted by the relevant actors and mechanisms for the protection of human rights by states. The study also recommends the need for the adjustment of the international political economy structural outlook to one that is void of an exploitative dominance of the states of the global North as well as the need for Welfarist and other relevant policies central to securing the human rights of the citizenry at a reasonable minimum to be formulated in Nigeria. The role and vibrant activities of the relevant actors and mechanisms is underscored as one central to birthing this reality as was seen in the way they galvanized public popular action in the elections that saw the voting out of the incumbent Ruling Class and its long-standing power holding party in order to birth for the desired leadership of the state that will birth forth the desired reality.

scholarly journals A missing link in the Traditional Courts Bill 2017: Evidence obtained through human rights violations

2018 ◽  
pp. 23-31
Author(s):  
Robert Doya Nanima
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
The State ◽  
Human Rights Violations ◽  
Criminal Cases ◽  
Protection Of Human Rights ◽  
The Republic

The issue of admission of evidence obtained through human rights violations is central to a criminal justice system as a mechanism through which to prevent overzealous prosecution by the state and ensure protection of human rights. As such, any court that deals with criminal cases has to evaluate evidence before it is admitted. This article argues that the Traditional Courts Bill (TCB)1 does not provide for a mode of dealing with evidence obtained as a result of human rights violations. To substantiate this argument, the article reviews the current Bill, and reflects on the challenges that arise with regard to evidence obtained in this way. The article contextualises section 35(5) of the Constitution of the Republic of South Africa, and discusses the practical difficulties of applying it under the current Bill. The article concludes with recommendations for measures that can ensure that accused persons are not prejudiced when appearing before the court.

DEMOCRACY AT THE SERVICE OF FOREIGN POLICY OF THE REPUBLIC OF SOUTH AFRICA

2019 ◽  
Author(s):  
A. FREDDIE
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Foreign Policy ◽  
Transition To Democracy ◽  
The Political ◽  
Political Activities ◽  
Foreign Policy Change ◽  
The Republic ◽  
Apartheid Regime

The article examines the place and role of democracy and human rights in South Africas foreign policy. The author analyzes the process of South Africas foreign policy change after the fall of the apartheid regime and transition to democracy. He gives characteristics of the foreign policy under different presidents of South Africa from 1994 to 2018 and analyzes the political activities of South Africa in the area of peacekeeping and human rights on the African continent.

scholarly journals Disparity in Human Rights Violations: A Political and International Law Perspective

2016 ◽  
Vol 2 (3) ◽  
pp. 349
Author(s):  
Aidir Amin Daud
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rational Solution ◽  
Double Series ◽  
Mass Murder ◽  
The State ◽  
Human Rights Violations ◽  
Natural Right ◽  
International Court ◽  
Political Interests

Right to life is non-derogable rights. A natural right that should not be revoked arbitrarily by anyone, including the state. A mass murder in events 1 October 1965 and Timor-Timor is a double series of states’ failure in protecting the rights of Indonesian peoples. Moreover, these two events get different treatment in its handling. The disparity in treatment between two cases is a big question related to the consistency of human rights enforcement in Indonesia. This study is a descriptive-qualitative research. While, to prove the truth, this study will use a comparative study. The findings show that the attitude of the United Nations that treat serious human rights violations in Timor-Timor and the events of 1965 in Indonesia, cannot be answered differently in the perspective of international law. Since it has a weakness where the political interests of ruling is very strong in influencing the decisions of the UN. The disparity in law enforcement in the event of serious human rights violations in 1965 and Timor-Timor due to the dynamics of international politics when it does not allow for the demands of human rights violations to the UNs’ International Court due to advantage for a certain state after the event. In order to reduce disparities in human rights violations, reconciliation is the most rational solution at this time compared remains demand the state for the violations. Besides, many human rights violations in certain countries that have successfully resolved through reconciliation approach.

scholarly journals Socio-economic rights and women in South Africa: nothing but a handful of feathers?

2011 ◽  
Vol 7 (1) ◽  
Author(s):  
M K Ingle
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Political Science ◽  
South African ◽  
Gender Studies ◽  
The State ◽  
Development Studies ◽  
Bill Of Rights ◽  
Economic Rights ◽  
South African Constitution

The Bill of Rights contained within South Africa’s Constitution features a number of ‘socio- economic rights’. Although these rights are justiciable they are subject to various limitations. They generally entail a positive onus on the part of the state to provide some good – not immediately, but ‘progressively’. Women have a direct interest in the realization of these rights and, where given effect to, they should exert a positive developmental impact. Some authorities are, however, of the opinion that socio-economic rights are not really enforceable. This article contends that the provision of social goods, by the state, should be the concomitant of the disciplined implementation of policy. Delivery should not therefore be contingent upon the legalistic vagaries of the human rights environment.Keywords: Socio-economic rights; justiciability; Bill of Rights; development; South African Constitution; womenDisciplines: Development Studies;Human Rights; Gender Studies; Political Science

scholarly journals The State of Human Rights and Political Freedoms in Belarus: Was the Crisis Inevitable?

2020 ◽  
Author(s):  
Nina Kolarzik ◽  
◽  
Aram Terzyan
Keyword(s):  
Human Rights ◽  
Presidential Election ◽  
Authoritarian Regimes ◽  
The State ◽  
Political Control ◽  
Political Crisis ◽  
The Political ◽  
Authoritarian Rule ◽  
Political Freedoms

The rule of Alexander Lukashenko in Belarus has created one of the most resilient authoritarian regimes in post-communist Europe. Meanwhile, the turmoil triggered by the 2020 presidential election has put in the spotlight the mounting challenges facing Lukashenko’s authoritarian rule. This paper investigates the state of human rights and political freedoms in Belarus, focusing on the main rationale behind the turmoil surrounding the 2020 presidential election. It concludes that the political crisis following the elections is the unsurprising consequence of Lukashenko’s diminishing ability to maintain power or concentrate political control by preserving elite unity, controlling elections, and/or using force against opponents.

Derecho Internacional Humanitario, Jurisdicción Penal Militar y Responsabilidad del Estado por violación a los Derechos Humanos. Un comentario a la Sentencia de la Corte Interamericana de Derechos Humanos «Masacre de Santo Domingo vs. Colombia»

2013 ◽  
pp. 149-164
Author(s):  
Jorge Ernesto ROA ROA
Keyword(s):  
Human Rights ◽  
Structural Features ◽  
The State ◽  
Human Rights Violations ◽  
Humanitarian Law ◽  
Santo Domingo ◽  
Military Conflict ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Derechos Humanos

LABURPENA: Kasuen ikerketa-metodologia erabiliz, Santo Domingo vs. Kolonbia epaiari buruzko iruzkinean, nagusiki, inter-amerikar esparruko giza eskubideen babesari lotutako egiturazko alderdiak aipatzen dira; besteak beste, eta bereziki: nola erabiltzen duen Inter-amerikar Auzitegiak Nazioarteko Zuzenbide Humanitarioa barne-gatazka armatuetako egoeretan; zer erlazio dagoen zigor-jurisdikzio militarraren eta Indar Armatuetako kideek egindako giza eskubideen urraketen ikerketaren artean; zein diren Estatuaren erantzukizuna aitortzeko egintzetarako baldintzak, eta zer elkarreragin dagoen nazioetako eta nazioarteko instantzia judizialen artean giza eskubideen urraketen ordainaz den bezainbatean. Egokiera-arrazoiengatik, alde batera utziko da Kolonbiako Estatuak urratu zituen Amerikar Konbentzioko eskubideetako bakoitzari buruz Giza Eskubideetarako Nazioarteko Auzitegiak erabakitakoaren azterketa. RESUMEN: Mediante la aplicación de la metodología de estudio de caso, el comentario a la Sentencia Santo Domingo vs. Colombia se centra en aspectos estructurales sobre la protección de los derechos humanos en el ámbito interamericano, en especial, el uso que la Corte Interamericana hace del Derecho Internacional Humanitario en situaciones que se producen en contextos de conflictos armados internos, la relación entre la jurisdicción penal militar y la investigación de las violaciones a los derechos humanos cometidas por miembros de las Fuerzas Armadas, los requisitos de los actos de reconocimiento de la responsabilidad del Estado y la interacción entre las instancias judiciales nacionales e internacionales en materia de reparación de violaciones a los derechos humanos. Por razones de oportunidad, se prescinde del análisis del pronunciamiento de la Corte IDH sobre cada uno de los derechos de la Convención Americana que fueron violados por el Estado de Colombia. ABSTRACT: By means of the problem based learning methodology, the analysis of the judgment Santo Domingo vs. Colombia focuses on structural features of the human rights protection within the Inter-American area, specially, the use made by the Inter-American Court of International Humanitarian Law in situations within contexts of internal military conflict, the relationship between military criminal jurisdiction and the investigation of human rights violations committed by Army forces, the requirements of the acts of recognition of the State responsibility and the interaction between the national and international judicial instances regarding the redress for human rights violations. For reasons of practical expediency, we will not analyze the judgment by the Inter-American Court on each of the rights of the American Convention breached by the State of Colombia.

Functions of compensation for human rights violation in international and national judicial decisions

2021 ◽  
Vol 11 (1) ◽  
pp. 81-101
Author(s):  
Dmitry Kuznetsov
Keyword(s):  
Human Rights ◽  
Effective Means ◽  
National Court ◽  
Case Law ◽  
The State ◽  
Customary Law ◽  
Human Rights Violations ◽  
Complex Nature ◽  
European Court ◽  
International Responsibility

When establishing human rights violations committed by the state, should it be violation of internationally protected rights or constitutional rights, the violator is obliged to compensate for the harm caused. In the meantime, neither international sources, nor national legal acts and case law answer the question whether the obligation to compensate is exhausted by the compensation awarded in accordance with a decision of an international judicial body or such a payment has punitive nature, and the state keeps the obligation to compensate the damage within the frameworks of national proceedings. Following the first part of opening remarks the second part of the article studies universal international law approach towards the state obligation to compensate for human rights violations, it reviews positions of the International Court of Justice, the model established in international customary law of international responsibility. The third part discusses the compensation mechanism of the European Court of Human Rights and a number of cases where the Russian Federation was the respondent state. The forth part considers national regulation of the Council of Europe states and case law thereof. The author argues that the established international case law in respect of awarding compensations for human rights violations is too restrictive – it does not take into account a complex nature of this phenomenon which includes both correction of the individual applicant situation (restitution of the pre-existed situation) and prevention of similar situations in the future. It is concluded that awarding the compensation by an international body primarily constitutes a measure of international responsibility whereas consideration by a national court is a more effective means of restitution of the applicants rights and that the national court shall not deny consideration of applicants claims due to the fact that they have already been awarded compensation by the international judicial body including the European Court of Human Rights.

The Politics of Reforming Special Procedures

2020 ◽  
pp. 35-68
Author(s):  
Elvira Domínguez-Redondo
Keyword(s):  
Human Rights ◽  
Code Of Conduct ◽  
The Political ◽  
Human Rights Violations ◽  
Political Arena ◽  
Wide Margin ◽  
Distinct Category ◽  
Normative Basis ◽  
Legal Foundations ◽  
African Group

The political nature of the decisions creating mandates has propitiated the development of pioneering methods of work because they provided a wide margin of autonomy to experts acting as mandate holders. Their less than solid normative basis has also allowed political contestation. The legal foundations have been particularly weak in justifying working methods to handle individual communications of human rights violations, since it represents an extraordinary limitation to the sovereignty of states. In this context, states have pushed for several reforms of the UN Special Procedures with different motivations. The reform agendas pursued by the Asian and African Group have been considered as particularly threatening for the future of Special Procedures. In practice, their number has continued to grow. Furthermore, several waves of reform have resulted in standardization of practices and the provision of sounder legal bases for the methods of work of mandate holders through the approval of the Code of Conduct, among other measures. The processes of reform have forced the consideration of Special Procedures as a distinct category in the political arena.

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