Accountability of United Nations peacekeepers for sexual violence
- Authors: Maseka, Ntemesha Mwila
- Date: 2019
- Subjects: United Nations -- Peacekeeping forces , Sex crimes Women (International law) Women -- Crimes against Women (International law)
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/${Handle} , vital:36279
- Description: Over the last three decades reports of sexual exploitation and abuse by UN peacekeepers while on mission have emerged with predictable regularity. What is particularly disturbing is that peacekeepers, who are viewed as representatives of the international community in the arduous environments in which they operate, commit these crimes against the local population with apparent impunity. This impunity is rooted in the perception that peacekeepers are immune from prosecution for crimes they commit while deployed – which in most cases has not been far from the truth. This dissertation considers whether a lacuna in the existing law causes the impunity and thus lack of accountability of peacekeepers who commit sexual violence. The study considers this question from three main angles: the legal status of peacekeepers, the lex specialis prohibition of sexual violence and the domestic application of the law using South Africa as an example. The determination of the legal status of peacekeepers is the first port of call to establish the applicable framework when crimes are committed and the source of their immunity. To achieve this, a framework of UN peacekeeping operations is outlined which considers the origin, constitutional basis and legal principles governing such operations culminating in a definition of peacekeeping. The study relies on the definition of peacekeeping advanced by the Capstone Doctrine which besides sitting at the top of the doctrinal framework governing UN operations, identifies three categories of peacekeepers - military, police and civilian personnel. This distinction is important because each category is subject to different rules. The study concentrates only on the military personnel who form the largest contingent of peacekeepers, who are the most likely offenders and who are immune from host state jurisdiction. It is submitted that while peacekeepers’ immunity is based on the status-of-forces agreement concluded between the UN and a troop-contributing country, the doctrine of sovereign immunity confirms that one State cannot exercise jurisdiction over another State’s armed forces. This does not mean such forces exist in a legal vacuum, but rather the troop-contributing country is obliged to exercise criminal and disciplinary jurisdiction over them. Due to the operational environment of UN peacekeeping operations, IHL is identified as the lex specialis. A synopsis of this densely codified body of law reveals sexual violence is prohibited both expressly and implicitly in treaty and customary law. The study contends with the applicability of IHL to UN peacekeeping operations, drawing the conclusion that while it can be applied, the obligation for enforcement ultimately lies with individual States. South Africa’s legislative framework is examined, specifically the Implementation of the Geneva Conventions Act to determine whether the State complies with its IHL obligations which includes the exercise of criminal jurisdiction over peacekeepers deployed on a UN mission. The study concludes that while there is a complex relationship between international and national law applicable to peacekeepers when they commit a crime, the law – at least in the South African case - is not deficient. Based on the analysis, recommendations are proposed to ensure the accountability of peacekeepers who commit sexual violence.
- Full Text:
- Date Issued: 2019
- Authors: Maseka, Ntemesha Mwila
- Date: 2019
- Subjects: United Nations -- Peacekeeping forces , Sex crimes Women (International law) Women -- Crimes against Women (International law)
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/${Handle} , vital:36279
- Description: Over the last three decades reports of sexual exploitation and abuse by UN peacekeepers while on mission have emerged with predictable regularity. What is particularly disturbing is that peacekeepers, who are viewed as representatives of the international community in the arduous environments in which they operate, commit these crimes against the local population with apparent impunity. This impunity is rooted in the perception that peacekeepers are immune from prosecution for crimes they commit while deployed – which in most cases has not been far from the truth. This dissertation considers whether a lacuna in the existing law causes the impunity and thus lack of accountability of peacekeepers who commit sexual violence. The study considers this question from three main angles: the legal status of peacekeepers, the lex specialis prohibition of sexual violence and the domestic application of the law using South Africa as an example. The determination of the legal status of peacekeepers is the first port of call to establish the applicable framework when crimes are committed and the source of their immunity. To achieve this, a framework of UN peacekeeping operations is outlined which considers the origin, constitutional basis and legal principles governing such operations culminating in a definition of peacekeeping. The study relies on the definition of peacekeeping advanced by the Capstone Doctrine which besides sitting at the top of the doctrinal framework governing UN operations, identifies three categories of peacekeepers - military, police and civilian personnel. This distinction is important because each category is subject to different rules. The study concentrates only on the military personnel who form the largest contingent of peacekeepers, who are the most likely offenders and who are immune from host state jurisdiction. It is submitted that while peacekeepers’ immunity is based on the status-of-forces agreement concluded between the UN and a troop-contributing country, the doctrine of sovereign immunity confirms that one State cannot exercise jurisdiction over another State’s armed forces. This does not mean such forces exist in a legal vacuum, but rather the troop-contributing country is obliged to exercise criminal and disciplinary jurisdiction over them. Due to the operational environment of UN peacekeeping operations, IHL is identified as the lex specialis. A synopsis of this densely codified body of law reveals sexual violence is prohibited both expressly and implicitly in treaty and customary law. The study contends with the applicability of IHL to UN peacekeeping operations, drawing the conclusion that while it can be applied, the obligation for enforcement ultimately lies with individual States. South Africa’s legislative framework is examined, specifically the Implementation of the Geneva Conventions Act to determine whether the State complies with its IHL obligations which includes the exercise of criminal jurisdiction over peacekeepers deployed on a UN mission. The study concludes that while there is a complex relationship between international and national law applicable to peacekeepers when they commit a crime, the law – at least in the South African case - is not deficient. Based on the analysis, recommendations are proposed to ensure the accountability of peacekeepers who commit sexual violence.
- Full Text:
- Date Issued: 2019
The effects of leadership styles and organisational culture on job satisfaction and organisational commitment: a case study at Eskom, ECOU
- Authors: Ramaphuma, Gundo
- Date: 2019
- Subjects: Corporate culture
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: http://hdl.handle.net/10948/43025 , vital:36728
- Description: The concepts of leadership styles, organisational cultures, job satisfaction and organisational commitment are still attracting considerable attention from scholars, academics, writers, leaders and professionals. Although the effects of these concepts have received considerable attention and literature abounds, however, there have been a few studies on these concepts, if any, conducted in the Energy Sector, more specifically within a South African context. For this reason, the study intended to contribute to the literature of leadership styles and on organisational culture’s impact on job satisfaction and organisational commitment in a parastatal and in the South African context. The present study aimed to assess the effects of leadership styles and organisational culture on job satisfaction and organisational commitment among employees at Eskom, Eastern Cape Operating Unit (ECOU), South Africa. To achieve this, a theoretical model or framework depicting the relationship between these variables was developed and tested. The present study was located within the positivist research paradigm which makes use of a quantitative approach in the form of a questionnaire to gather data for analysis and theoretical comparison. The questionnaire was designed to elicit and rate the respondents’ views as well as for the quantitative data analysis. The population for the present study comprised of approximately 600 employees within the ECOUmain branch offices situated in Beacon Bay, East London. The present study made use of the non-probability sampling design by means of a convenience sampling technique to draw the sample for the study. Questionnaires were distributed to 120 employees within the Asset Creation, Maintenance and Operations Divisions of the ECOU. Of the 120 questionnaires, a total of 86 usable questionnaires were returned and analysed using the Statistical Package for Social Sciences (SPSS) version 25 tool. Both descriptive and inferential statistical analyses were performed and findings presented. It was found that there is currently a prevalence of both the Transformational and Transactional leadership styles at the ECOU. However, when asked which leadership style employees would prefer, the majority of the respondents indicated that they would prefer a Transformational leadership style to be exhibited by their managers. Although there was no discernible difference between the two types of leadership styles, a majority of the respondents indicated that they believed that leadership had an impact on their, and the organisation’s, performance, regardless of which style of leadership was exhibited. The findings relating to Organisational Culture highlighted that the majority of respondents felt that the existing culture within the operating unit is that of a Hierarchical Culture. Furthermore, the majority of respondents indicated that they would prefer a Clan Culture instead of the existing culture. With regard to Job Satisfaction, most respondents indicated their dissatisfaction with their salaries as well as there being little chances of being promoted regardless of their work output. The findings relating to Organisational Commitment indicated that most respondents neither have an emotional attachment nor feel any obligation or loyalty to the organisation. The only reason why they are still with the organisation is because of necessity rather than a conscious commitment to the organisation. The overall impression is that the respondents are disengaged from their organisation and thus not committed to it. It was concluded that there is a strong relationship between leadership styles, job satisfaction and organisational commitment. The relationship, however, is a negative one. This confirms the hypothesis that leadership style has an impact on both job satisfaction and organisational commitment. Secondly, it was concluded that organisational culture has an impact on both job satisfaction and organisational commitment. Similarly, this relationship is currently a negative one. Recommendations were made for management to review the leadership styles exhibited by the managers, and to subsequently review the impact of the existing organisational culture on job satisfaction and organisational commitment among employees at this operating unit.
- Full Text:
- Date Issued: 2019
- Authors: Ramaphuma, Gundo
- Date: 2019
- Subjects: Corporate culture
- Language: English
- Type: Thesis , Masters , MBA
- Identifier: http://hdl.handle.net/10948/43025 , vital:36728
- Description: The concepts of leadership styles, organisational cultures, job satisfaction and organisational commitment are still attracting considerable attention from scholars, academics, writers, leaders and professionals. Although the effects of these concepts have received considerable attention and literature abounds, however, there have been a few studies on these concepts, if any, conducted in the Energy Sector, more specifically within a South African context. For this reason, the study intended to contribute to the literature of leadership styles and on organisational culture’s impact on job satisfaction and organisational commitment in a parastatal and in the South African context. The present study aimed to assess the effects of leadership styles and organisational culture on job satisfaction and organisational commitment among employees at Eskom, Eastern Cape Operating Unit (ECOU), South Africa. To achieve this, a theoretical model or framework depicting the relationship between these variables was developed and tested. The present study was located within the positivist research paradigm which makes use of a quantitative approach in the form of a questionnaire to gather data for analysis and theoretical comparison. The questionnaire was designed to elicit and rate the respondents’ views as well as for the quantitative data analysis. The population for the present study comprised of approximately 600 employees within the ECOUmain branch offices situated in Beacon Bay, East London. The present study made use of the non-probability sampling design by means of a convenience sampling technique to draw the sample for the study. Questionnaires were distributed to 120 employees within the Asset Creation, Maintenance and Operations Divisions of the ECOU. Of the 120 questionnaires, a total of 86 usable questionnaires were returned and analysed using the Statistical Package for Social Sciences (SPSS) version 25 tool. Both descriptive and inferential statistical analyses were performed and findings presented. It was found that there is currently a prevalence of both the Transformational and Transactional leadership styles at the ECOU. However, when asked which leadership style employees would prefer, the majority of the respondents indicated that they would prefer a Transformational leadership style to be exhibited by their managers. Although there was no discernible difference between the two types of leadership styles, a majority of the respondents indicated that they believed that leadership had an impact on their, and the organisation’s, performance, regardless of which style of leadership was exhibited. The findings relating to Organisational Culture highlighted that the majority of respondents felt that the existing culture within the operating unit is that of a Hierarchical Culture. Furthermore, the majority of respondents indicated that they would prefer a Clan Culture instead of the existing culture. With regard to Job Satisfaction, most respondents indicated their dissatisfaction with their salaries as well as there being little chances of being promoted regardless of their work output. The findings relating to Organisational Commitment indicated that most respondents neither have an emotional attachment nor feel any obligation or loyalty to the organisation. The only reason why they are still with the organisation is because of necessity rather than a conscious commitment to the organisation. The overall impression is that the respondents are disengaged from their organisation and thus not committed to it. It was concluded that there is a strong relationship between leadership styles, job satisfaction and organisational commitment. The relationship, however, is a negative one. This confirms the hypothesis that leadership style has an impact on both job satisfaction and organisational commitment. Secondly, it was concluded that organisational culture has an impact on both job satisfaction and organisational commitment. Similarly, this relationship is currently a negative one. Recommendations were made for management to review the leadership styles exhibited by the managers, and to subsequently review the impact of the existing organisational culture on job satisfaction and organisational commitment among employees at this operating unit.
- Full Text:
- Date Issued: 2019
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