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Whistling past the graveyard : amnesty and the right to an effective remedy under the African Charter : the case of South Africa and Mocambique
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2006
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| _version_ | 1867613532378365952 |
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| access_status_str | Open Access |
| author2 | Matusse, Angelo |
| author_browse | Matusse, Angelo |
| author_facet | Matusse, Angelo |
| collection | Thesis |
| dc_rights_str_mv | Centre for Human Rights, Law Faculty, University of Pretoria |
| description | Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/937 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:38.698Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2006 |
| publishDateRange | 2006 |
| publishDateSort | 2006 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/937 Whistling past the graveyard : amnesty and the right to an effective remedy under the African Charter : the case of South Africa and Mocambique Matusse, Angelo Musila, Godfrey UCTD Amnesty South Africa Right to remedy Effective remedies Reparation Pardon Mozambique African Charter on Human and Peoples' Rights African Court of Human and Peoples' Rights Human rights Africa Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. "First, this dissertation proposes to explore the practice of amnesties in dealing with violations of human rights vis-à-vis the obligation of states to punish and to prosecute gross violations of human rights and to guarantee effective remedies for victims. Secondly, it seeks to inquire, for purposes of meeting the first objective, into the validity of amnesties in international law with specific reference to the African Charter. Thirdly, on the strength of a selected case studies: South Africa and Moçambique, and informed by relevant jurisprudence drawn from the Inter-American human rights system and elsewhere, a critique informative of the recommendations as to how the African Court should deal with cases arising out of such amnesty situations will be attempted. Equally, similar reference will be made, albeit in an abridged way, to how amnesties could be dealt with at the political levels of the African Union (AU). Fourthly, the dissertation will inquire into why amnesties, which have been used to advance utilitarian ends of the communal good (national reconciliation) thereby ‘trumping individuals’ rights’, cannot at the same time, be so fashioned as to reconcile these especially relating to effective remedies for violations of human rights the amnesty seeks to address. Fifthly, in drawing on the foregoing, this study will, by way of recommendations, seek to outline criteria or conditionalities upon which amnesty should, if ever, be granted. ... The study consists of five chapters. Chapter one will provide the context in which the study is set. It highlights the basis and structure of the study. Chapter two endeavours to outline some of the basic concepts central to the study; amnesty, pardon as instruments of national reconciliation and the various avenues through which these has been effected in the past. In the main, the chapter attempts a problematisation of the concept of amnesty by which its validity and place in international law will be examined. Chapter three outlines the approaches to amnesty in South Africa and Moçambique and the countervailing state obligations to ensure rights protected in human rights instruments: to prosecute and punish violators and the rights of victims and their relatives to effective remedies. In the case of South Africa, the right to effective remedies is discussed within the context of the decision of the South African constitutional court in AZAPO. Chapter four attempts to grapple with the possibility of bringing a case before the African Court of Human Rights and how this case may, and should be decided in light of existing decisions of the African Commission on Human and Peoples’ Rights and available comparative jurisprudence on the subject. Chapter five will consist of a summary of the presentation and the conclusions drawn from the entire study. It will also make some recommendations as to how amnesty should be dealt with both at political level (AU) and at the level of the African Court in relation to human rights violations. In furtherance of this, it attempts an outline of directive criteria that should be applied." -- Chapter 1. http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html Centre for Human Rights LLM 2006-10-16T11:16:00Z 2006-10-16T11:16:00Z 04-Oct 2004 Mini Dissertation Musila, G 2004, Whistling past the graveyard: amnesty and the right to an effective remedy under the African Charter: the case of South Africa and Mocambique, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/937> http://hdl.handle.net/2263/937 en LLM Dissertations 2004(1) Centre for Human Rights, Law Faculty, University of Pretoria 594272 bytes application/pdf application/pdf University of Pretoria |
| spellingShingle | UCTD Amnesty South Africa Right to remedy Effective remedies Reparation Pardon Mozambique African Charter on Human and Peoples' Rights African Court of Human and Peoples' Rights Human rights Africa Whistling past the graveyard : amnesty and the right to an effective remedy under the African Charter : the case of South Africa and Mocambique |
| title | Whistling past the graveyard : amnesty and the right to an effective remedy under the African Charter : the case of South Africa and Mocambique |
| title_full | Whistling past the graveyard : amnesty and the right to an effective remedy under the African Charter : the case of South Africa and Mocambique |
| title_fullStr | Whistling past the graveyard : amnesty and the right to an effective remedy under the African Charter : the case of South Africa and Mocambique |
| title_full_unstemmed | Whistling past the graveyard : amnesty and the right to an effective remedy under the African Charter : the case of South Africa and Mocambique |
| title_short | Whistling past the graveyard : amnesty and the right to an effective remedy under the African Charter : the case of South Africa and Mocambique |
| title_sort | whistling past the graveyard amnesty and the right to an effective remedy under the african charter the case of south africa and mocambique |
| topic | UCTD Amnesty South Africa Right to remedy Effective remedies Reparation Pardon Mozambique African Charter on Human and Peoples' Rights African Court of Human and Peoples' Rights Human rights Africa |
| url | http://hdl.handle.net/2263/937 |