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The Kenya National Human Rights Commission and the promotion, protection and monitoring of socio-economic rights in Kenya

  • Authors: Khayundi, Francis Bulimo Mapati
  • Date: 2018
  • Subjects: Kenya Human Rights Commission , Economic rights -- Kenya , Social rights -- Kenya , Kenya -- Economic conditions , Kenya -- Social conditions , Kenya -- Politics and government
  • Language: English
  • Type: text , Thesis , Doctoral , PhD
  • Identifier: http://hdl.handle.net/10962/60413 , vital:27777
  • Description: The promulgation of the 2010 Constitution of Kenya introduced socio-economic rights (SERs) amid widespread poverty and rising inequality. This study seeks to answer the overarching question, what role can the Kenya National Commission on Human Rights (KNCHR) play in promoting, protecting and monitoring SERs in Kenya? Further research questions included whether the KNCHR has the requisite powers to perform its mandate and what lessons could be learned from the South African context. The research sought to understand how the local context affects the ability of KNCHR to carry out its mandate. Likewise, it analyses some of the contributions KNCHR has made in the promotion and protection of SERs while identifying the challenges the Commission faces in carrying out its mandate. Several methodologies were utilised to answer the research questions above. The methodologies included the doctrinal method, analysis of secondary sources and interviews with key informants. A comparative legal research methodology was also employed, with the SAHRC being used as a case study on how NHRIs can promote, protect and monitor SERs. The findings from the research argue that the Paris Principles provide the minimum guidelines on the establishment of NHRIs. Compliance with these Principles has not necessarily guaranteed the effectives of NHRIs. Any assessment of an NHRI should be based on its performance and legitimacy considering the local factors obtaining within its jurisdiction. The domestic protection and judicial enforcement of human rights in Kenya, though crucial to the realisation of SERs, has been fraught with challenges. These challenges have meant that the realisation of SERs has been curtailed and necessitated complementary institutions for human rights to be realised. Given the country’s constitutional architecture, the KNCHR was one such institution that could complement the role of the judiciary given its wide mandate. With SERs a new feature of the 2010 Constitution, the KNCHR had to find ways to promote SERs in the country considering the local peculiarities such as poverty, a highly political climate and lack of political goodwill from the legislature and executive sometime characterised by open hostility. These challenges and the new nature of these rights called for a comparative study with the SAHRC given some similarities between the two jurisdictions. The SAHRC provided valuable lessons having had more experience in dealing with SERs while navigating similar challenges the KNCHR faced or might face. The findings of the research prompted recommendations directed at the KNCHR and other stakeholders, specifically the legislature and executive on how to address the challenges curtailing the performance of the KNCHR in general and particularly ways in which the Commission could go about in promoting, protecting and monitoring SERs.
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  • Date Issued: 2018

The National Skills Fund and green skills: towards a generative mechanism approach

  • Authors: Sauls, Gideon George
  • Date: 2018
  • Subjects: South Africa. National Skills Fund , Environmental education Finance South Africa , Green technology Study and teaching South Africa , Postsecondary education South Africa
  • Language: English
  • Type: text , Thesis , Doctoral , PhD
  • Identifier: http://hdl.handle.net/10962/63740 , vital:28482
  • Description: The aim of the study was to investigate the role of the South African National Skills Fund (NSF) in responding to green skills training for the sake of better integration and optimal effectiveness in relation to the green economy in South Africa. The NSF is a multi-billion rand fund for skills development, with the responsibility to respond effectively to the country’s skills development needs. Part of the NSF’s mandate is to ensure the development of green skills in South Africa, with special reference to the allocation of grants, as a key mechanism in ensuring adherence to properly governed skills development funding requirements. This study considers the identification of green skills funding as a skills planning and implementation challenge within the post-school education and training context, the NSF, the green economy and related skills debates, both locally and globally. The study contributes to a growing body of research in South Africa that seeks a wider systemic perspective on green skills concerns. The NSF and its functioning is a critical dimension of the wider skills system and is a significant system element influencing further emergence of a coherent national system for green skills development. Providing further rationale for this study is the 2011 finding of the International Labour Organisation, that the green skills development system in South Africa is re-active and poorly systematised, a finding that was also noted in the first ever Environmental Sector Skills Plan for South Africa undertaken by the Department of Environmental Affairs in 2010. As the study is mainly focused on one aspect of the policy system, namely the NSF’s role in green skills funding, the bulk of the data used in this study is documentary. Research information was obtained from NSF documentary sources to describe the NSF organisationally. Information was also obtained from green skills documentary sources to obtain a better understanding of the nature and purpose of the development of green skills in South Africa. The study has also drawn on references related to grant management as a mechanism for seeding meaningful transformations and skills development research in South Africa to understand the skills development landscape, with special reference to the Department of Higher Education and Training’s (DHET) post-school education and training system. Documentary data was supplemented by selected key respondent interviews from the skills sector and from the green skills research community to provide further perspective on the research focus. Critical realism (CR) is utilised as a meta-theoretical framework that seeks to inform the overall academic reflection and interpretation process. The work of Danermark, Ekström, Jakobsen and Karlsson (2002), which describes the process of data analysis in critical realism, was adapted into a four-phased research approach for this particular policy study, which I framed as a Quadrilateral Policy Analysis Framework (QPAF). This provided a data analysis framework which allowed for taking account of the mechanisms shaping the NSF as an important systemic funding agency within South Africa’s emerging post-school education and training context, as this relates to green skills. However, to further analyse this research question and context, I needed to work with substantive policy theory. Given the nature of the policy object that I was investigating, I found Feiock’s (2013) Institutional Collective Action Framework to be a helpful substantive policy theory as it has adequate nuance with which I could describe the NSF’s core function, namely that of grant-making for the post-schooling policy context. Based on the critical realist meta-theoretical framework and the substantive policy theoretical frameworks, I developed four phases of analysis, namely a) descriptive analysis which is divided into Part A (describing the green skills landscape and its funding demands ) and Part B (describing the NSF as it relates to green skills); b) component analysis which further analyses key components of the above; c) abductive policy analysis which identifies critical mechanisms and how they operate; and d) generative mechanism analysis which identifies the underlying generative mechanisms shaping the NSF’s engagement with green skills (or lack thereof). The following main findings are identified: • It emerged that the responsiveness of the NSF to green skills is emergent, essential and yet multifaceted due to competing stakeholder interests, expectations and claims; • Key strategic relations with critical role players within South Africa’s skills levy funding matrix emerged as a fundamental requirement towards the achievement of the NSF’s organisational mandate to respond effectively to national green skills needs and expectations; • Contracting is the central mechanism driving the NSF grant-making process. Related to this is the finding that partnerships emerged as the most versatile and underutilised mechanism that cuts across all four of the NSF grant-making phases; • The NSF’s current method of making sense of funding policy indications as per national policy documents is too reductionist because the method betrays an alignment-mirroring form of sense-making awareness that uncritically endorses substratum philosophical assumptions like Human Capital Theory (HCT) and associated neoclassical economic theories embedded in the policy frameworks. These assumptions contradict and potentially limit engagement with wider theories and policy frameworks for guiding skills development that are oriented towards the wider common good as argued by non-anthropocentric orientations in critical realism and the green skills sector. In summary, an argument is put forward that the NSF is a key funding mechanism towards green skills delivery in South Africa, but that this funding mechanism is under-utilised and inadequately mobilised for transitioning towards sustainability in South Africa. The study recommends that, in pursuit of better integration and optimal effectiveness thereof and in line with the fund’s legislative, organisational and public mandate, a consensual negotiation skills planning mechanism be considered from an institutional collective action response platform. In terms of recommendations for further research, it is proposed that a comparative analysis study could be considered between the NSF and other leading global funding agencies or other national skills funding mechanisms that are also concerned with the inclusion of green skills development. Comparative studies of this nature could potentially enhance the fund’s policy-making process and assist in the development of more appropriate institutional arrangements towards optimal funding responsiveness. Lastly, in the light of the NSF’s current contribution to green skills in the country, an impact evaluation study on the return on green skills investment presents an additional intriguing research endeavour which would contribute further perspective on the arguments presented in this study.
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  • Date Issued: 2018

Contrasting livelihoods in the upper and lower Gariep River basin: a study of livelihood change and household development

  • Authors: McDermott, Lindsay
  • Date: 2006
  • Subjects: Rural development -- Lesotho , Rural development -- South Africa -- Northern Cape , Sustainable development -- Lesotho , Sustainable development -- South Africa -- Northern Cape , Households -- Economic aspects -- Lesotho , Households -- Economic aspects -- South Africa -- Northern Cape , Rural poor -- Lesotho , Rural poor -- South Africa -- Northern Cape , Agriculture -- Lesotho , Agriculture -- South Africa -- Northern Cape
  • Language: English
  • Type: Thesis , Masters , MA
  • Identifier: vital:4758 , http://hdl.handle.net/10962/d1007147 , Rural development -- Lesotho , Rural development -- South Africa -- Northern Cape , Sustainable development -- Lesotho , Sustainable development -- South Africa -- Northern Cape , Households -- Economic aspects -- Lesotho , Households -- Economic aspects -- South Africa -- Northern Cape , Rural poor -- Lesotho , Rural poor -- South Africa -- Northern Cape , Agriculture -- Lesotho , Agriculture -- South Africa -- Northern Cape
  • Description: This study investigated rural livelihoods in two contrasting environments in the upper and lower reaches of the Gariep River: Sehlabathebe in the Lesotho highlands, and the Richtersveld in the Northern Cape, and how these have changed over time. Livelihoods were examined using the Sustainable Livelihoods Framework in conjunction with the household development cycle. This study therefore adopted a multi-scale approach, where a micro-level household analysis was framed within the macro level social, political, environmental, economic and institutional context, while taking into account the role of temporal scale of livelihood change. A multi-scale approach facilitated the identification of the major drivers of change, both exogenous and endogenous. The combination of livelihood strategies pursued differed between the two sites. Households in Sehlabathebe are reliant mainly on arable and garden cultivation, livestock in some households, occasional remittances, use of wild resources, petty trading and reliance on donations. Households in the Richtersveld relied primarily on livestock, wage labour, use of wild resources and State grants or pensions. The livelihood strategies pursued in each site have not changed markedly over time, but rather the relative importance of those strategies was found to have changed. The assets available to households, the livelihood strategies adopted and the changes in these livelihood strategies are influenced by a households stage in the development cycle and differing macro-level factors. Drivers of change operate at multiple spatial and temporal scales, and are often complex and interrelated. The major drivers of livelihood change were identified as macro-economic, demographic, institutional and social and climatic. This study highlights the importance of using historical analysis in the study of livelihoods, as well as the complexity and diversity of rural livelihoods. Ecosystem goods and services were found to play a fundamental role in rural livelihoods and are influenced by institutional factors. Rural households are heavily reliant on the formal economy, and macro-economic changes have had a significant impact on livelihoods. This is highlighted by how the drastic decline in migrant labour opportunities for households in Sehlabathebe has negatively affected them. Vulnerability was shown to be a result of external shocks and trends, such as institutional transformation, a decline in employment opportunities, theft and climatic variation; and differed between the two sites. The role of institutional breakdown was shown to be a major factor influencing rural livelihoods, and this is related to broader economic and political changes. This study contributes to the growing literature on rural livelihoods by allowing for an appreciation of how differing environments and contextual factors influence livelihood strategies adopted, and which different factors are driving change.
  • Full Text:
  • Date Issued: 2006

Robert Godlonton as architect of frontier opinion, with special reference to the politics of separatism, 1850-57

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