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The impact of the African Charter and the Maputo Protocol in selected African states

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ISBN: 9781920538477 Year: Pages: 331 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-04-09 12:02:30
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About the publicationThe year 2016 was declared by the African Union as the African ‘Year of Human Rights with Particular Focus on the Rights of Women’ to commemorate and celebrate significant milestones in the realisation of human rights on the African continent. The year marks the 35th anniversary of the adoption of the African Charter on Human and Peoples’ Rights (African Charter), 30th year since coming into force of the African Charter and 10 years since the inauguration of the African Court on Human and Peoples’ Rights.Since its adoption, the African Charter has been supplemented by the Protocol on the Rights of Women in Africa (Maputo Protocol). All AU member states (with the exception of new comer South Sudan) are state parties to the African Charter, and 36 of them have accepted the Maputo Protocol.This book assesses the impact and effectiveness of the African Charter and the Maputo Protocol in 17 African countries, namely Burkina Faso, Cameroon, Côte d’Ivoire, Ethiopia, Gambia, Ghana, Kenya, Lesotho, Malawi, Mauritius, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda and Zimbabwe. The book is the result of research conducted by selected alumni of the Centre for Human Rights’ LLM in Human Rights and Democratisation in Africa programme.The Centre for Human Rights, which in 2016 is also celebrating 30 years of human rights education, intends to use this research as the basis for a continuously updated database on the impact of the African Charter and Maputo Protocol.Table of ContentsPrefaceIntroductionVictor Oluwasina AyeniBurkina FasoKounkinè Augustin SoméCameroonPolycarp Ngufor ForkumCôte d’IvoireKounkinè Augustin SoméArmand TanohEthiopiaMeskerem Geset TechaneThe GambiaSatang NabanehGhanaMichael Gyan NyarkoKenyaSaoyo Tabitha GriffithPaul OgendiLesothoSizakele HlatshwayoMalawiSarai Chisala-TempelhoffSeun Solomon BakareMauritiusMeskerem Geset TechaneRoopanand MahadewNigeriaVictor Oluwasina AyeniSierra LeoneAugustine Sorie MarrahSouth AfricaOfentse MotlhasediLinette du ToitSwazilandDumsani DlaminiSizakele HlatshwayoTanzaniaGrace Kamugisha KazobaCharles MmbandoUgandaAgaba Daphine KabagambeZimbabweTarisai MutangiConclusionVictor Oluwasina AyeniBibliographyQuestionnaire used for the study

Compendium of key human rights documents of the African Union - Sixth Edition

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ISBN: 9781920538552 Year: Pages: 440 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-04-08 16:00:18
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This is the sixth edition of the Compendium of key human rights documents of the African Union updated to August 2016. This compendium contains documents on human rights adopted under the auspices of the African Union (AU) and its predecessor, the Organization of African Unity (OAU), including documents adopted by the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights and the African Committee on the Rights and Welfare of the Child.Due to space constraints only extracts are reprinted of many of the documents. This compendium is by no means comprehensive but includes some key documents of relevance for students of the African human rights system and others interested in its functioning. Extracts from documents related to the New Partnership for Africa’s Development (NEPAD) and the African Peer Review Mechanism (APRM) reprinted in previous editions of this compendium have been left out of this edition.For comprehensive coverage of human rights law in Africa, see www.chr.up.ac.za and the web sites listed at the end of this compendium. The assistance of Frans Viljoen and Lizette Hermann in preparing this edition of the compendium and the financial support of the Norwegian government for its printing is gratefully acknowledged. About the editors:Christof Heyns is Director, Institute for International and Comparative Law in Africa, University of Pretoria.Magnus Killander is a researcher at the Centre for Human Rights, University of Pretoria and is also the co-editor of African Human Rights Law Reports.

The implementation of modern African Constitutions: Challenges and prospects

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ISBN: 9781920538651 Year: Pages: 335 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-04-08 15:51:21
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In “The implementation of modern African Constitutions: challenges and prospects”, the authors try to identify obstacles to constitutional implementation in Africa and, on the basis of good practice, assess how this could be overcome. A single volume like this cannot unravel the complexity of the causes and effects of, and solutions to, the problem of non-implementation of constitutions in Africa: the subject is far too intricate. Nevertheless, this study, represents a first attempt to draw attention to the issue, and hopes to open a serious debate about it and pave the way for making this issue an integral consideration in constitution-building in the future. The variety of perspectives provided in analysing the challenges to constitution-implementation in this volume should make it to appeal to academics, practitioners, policy makers and postgraduate research students interested in the intricacies of comparative African constitutional law.

Ending violence and other human rights violations based on sexual orientation and gender identity: A joint dialogue of the African Commission on Human and Peoples’ Rights, Inter-American Commission on Human Rights and United Nations

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ISBN: 9781920538446 Year: Pages: 85 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-04-09 12:05:46
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About the publicationOver the years, the African, Inter-American and United Nations human rights systems have forged important partnerships on a wide-range of human rights issues and approaches. Grounded in the universality of human rights, the three systems have collaborated through actions ranging from joint statements to joint meetings and country visits, the exchange of information on country situations, individual cases and thematic issues, as well as relying on each other’s case law, decisions and procedural developments.This collaboration has been anchored in frameworks such as the 1993 Vienna Declaration and Programme of Action, the regular dialogue between global and regional human rights mechanisms mandated by the Human Rights Council, the 2009 Memorandum of Understanding between the Organisation of American States and the African Union, the 2012 Addis Ababa Roadmap between the special procedures of the UN Human Rights Council and those of the African Commission on Human and Peoples’ Rights and the 2010 and 2014 Memorandums of Understanding between the Office of the UN High Commissioner for Human Rights and the African Union Commission and Inter- American Commission on Human Rights, respectively.The joint dialogue held on 3 November 2015 in Banjul was firmly located within these frameworks. This timely dialogue enabled each institution to exchange information and experiences, to review approaches, challenges and good practices within each system, and to reaffirm our common resolve to address the serious human rights violations based on sexual orientation and gender identity that take place in all regions.This report and the accompanying background papers capture the content and outcomes of the joint dialogue. We hope that it can provide a basis for further collaboration in future and that States and other stakeholders will find it useful to inform their efforts to combat violence, discrimination and other human rights violations based on sexual orientation and gender identity.Editor: Centre for Human RightsTable of ContentsKey conceptsList of acronymsMessage of supportForewordFinal report: Joint thematic dialogue on sexual orientation and gender identityAnnex 1: List of participantsAnnex 2: Agenda of joint dialogueAnnex 3: Resolution 275Annex 4: Norms, case law and practices of sexual orientation and gender identity in the African human rights systemAnnex 5: Norms, cases and practices relevant to sexual orientation and gender identity in the Inter-American human rights systemAnnex 6: Norms, case law and practices on sexual orientation, gender identity and intersex status in the United Nations systemAnnex 7: HIV, human rights and sexual orientation and gender identity

Beating the human rights drum: Applying human rights standards to NGOs’ governance

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ISBN: 9781920538408 Year: Pages: 262 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-04-09 12:26:56
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About the publicationThe main contention of this book is that non-governmental organisations (NGOs) have the obligation to empower themselves internally before they can champion the empowerment of others. This entails being knowledgeable in the area of work; forging linkages with broader civil society and academia; building on the positive cultural values that resonate with human rights to stimulate mass support; and balancing the different accountabilities to the law, boards, membership, self-regulatory mechanisms, public and donors.This book is based on the author’s (LLD) thesis, submitted to the University of Pretoria. The thesis was subsequently revised, based on a further peer-review process.About the editor:Maria Nassali is Chief Executive Officer of International Governance Alliance (iGA). School of Law, Makerere University, UgandaTable of ContentsForewordPrefaceAcknowledgmentsAbout the authorDedicationCases, statutes and documentsAcronymsConceptualising the role of NGOs in the human rights movement1 Introduction and overview2 The concealed and unchecked power of NGOs: A background discussion3 Linking rights, governance and development4 Book overviewThe human rights obligations of NGOs in the international arena1 Introduction2 NGOs’ obligations under international law2.1 NGOs do not have legal obligations under international human rights law2.2 NGOs legal obligations to respect and promote human rights3 The rights-based approach as an instrument of good governance4 Implications of the rights-based approach to NGO governance4.1 Express linkage to human rights4.2 Accountability and Transparency4.3 Participation and inclusion4.4 Equity, non-discrimination and empowerment5 ConclusionNGOs and the principle of express linkage to human rights1 Introduction2 Why all NGOs should apply human right principles to their governance and management3 The principle of express linkage to rights and the universality of human rights3.1 The universality of rights: The conceptualisation of rights amongst NNGOs and SNGOs3.2 The universality of rights: African NGOs and cultural interpretation4 The principle of indivisibility of rights: A case study of DNGOS and HURINGOs4.1 The traditional relationship between DNGOs and HURINGOs4.2 The indivisibility of rights: HURINGOs and the development agenda5 ConclusionNGOs and the principle of accountability1 Introduction2 Accountability through the law2.1 The right to exist informally as an organisation2.2 The right to legal existence and the obligation to register2.3 Protection from unwarranted state interference3 Accountability to the sector wide mechanism for self-regulation4 Accountability to the NGO Board4.1 The Board as a source of accountability4.2 The mechanisms of accountability by the Board4 Accountability to members5 Accountability to the communities6 Transparency and public accountability7 Accountability to donors8 ConclusionNGOs and the principles of participation and inclusion1 Introduction2 Founders and inclusive and participatory management3 Broadening participation through transitions and succession4 Participation and the management of conflicts5 NGOs and community participation6 Peer NGO networks and coalitions7 Participation of NGOs in political society7.1 Making the case for NGO’s political participation7.2 Collaboration and critical engagement with government7.3 Civil disobedience7.4 Entering the state8 NGOs and the African Commission on Human and Peoples’ Rights9 NGO participation with National Human Rights Institutions (NHRIs)10 ConclusionExploring the principles of empowerment, equity and non-discrimination1 Introduction2 NGOs, empowerment and human rights and governance expertise2.1 NGOs and human rights and governance expertise2.2 The dilemmas of volunteerism and the payment of competitive remuneration2.3 Empowerment and sustaining activism3 Empowerment and resource mobilisation to achieve an NGO’s mission3.1 NGOs and government funding3.2 NGOs and foreign donor funding4 Empowerment of marginalised groups within the NGO sector4.1 NGOs and the empowerment of women4.2 NGOs and the empowerment of the youth4.3 NGOs and sexual minorities4.4 NGOs and the empowerment of racial and ethnic minorities5 The contemporary efforts of promoting equality and empowerment within the NNGOs/ SNGO relationship6 ConclusionWalking the talk: Holding NGOs accountable to human rights principles1 Introduction2 NGOs’ human rights obligations3 NGOs’ human rights obligations elaborated3.1 The principle of express linkage to rights (mainstreaming)3.2 The principles of accountability and transparency3.3 The principle of participation and inclusion3.4 The principles of equity, non-discrimination and empowerment4 Status of NGOs’ observance of human rights obligations in Kenya, Tanzania, Uganda and South Africa4.1 The status of observance of the principle of linkage to rights4.2 The status of observance of the principles of accountability and transparency4.3 The status of observance of the principles of participation and inclusion4.4 The status of observance of the principles of equity, non-discrimination and empowerment5 Recommendations5.1 NGO obligations under the principles of linkage to rights5.2 NGO obligations under the principles of accountability and transparency5.3 NGO obligations under the principles of participation and inclusion5.4 Equity, Non-discrimination and Empowerment6 Concluding thoughtsBibliography

State party reporting and the realisation of children’s rights in Africa

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ISSN: 978-1-920538-87-3 ISBN: 9781920538873 Pages: 335
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-09-09 13:41:14
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Human rights norms will largely remain hollow if they are not translated into the lived realities of people on the ground. Given the diversity and complexities of human rights norms, the arrays of institutions, mechanisms and resource required to give full effect to these norms, implementation of human rights norms is a continuous and progressive undertaking. Progress, to be meaningful, should have milestones and mechanisms for tracking it. The reporting mechanisms are human rights’ monitoring and evaluation plans and systems to track progressive implementation. This book provides an assessment of the reporting mechanisms of child rights treaty bodies. It highlights what is working or not working and why, making recommendations for further improvement of the reporting mechanism to better work for children in Africa. The findings and recommendations in the book are based on a study commissioned by the Centre for Human Rights, to assess the effects of reporting to United Nations and African Union child rights treaty bodies on the enjoyment of rights, protection and welfare of children in Africa. It covers 17 African countries, and provides a historical snapshot of the situation as at the end of 2017.

National Commissions of Inquiry in Africa: Vehicles to pursue accountability for violations of the right to life?

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ISBN: 9781920538866 Year: Pages: 338 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-09-09 13:45:17
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National commissions of inquiry in the aftermath of violations of human rights, including violations of the right to life, are a common feature of the African legal and political landscape. There is often a fair measure of scepticism or caution about their use, and with good reason. They can serve as convenient instruments to avoid accountability, rather than to achieve it. However, very little hard evidence is available upon which the performance of such commissions can be assessed, and hence impressions of their utility are often largely anecdotal.For the purposes of this book, researchers went to six countries in Africa—Chad, Burkina Faso, Kenya, Malawi, South Africa and Nigeria—and conducted in-depth investigations of commissions of inquiry that have been held there, interviewing those directly involved in the proceedings and those working on the issues since, including victims, lawyers, investigators and Commissioners. Drawing on this research, the book argues that commissions of inquiry should not be contrasted with courts or with criminal trials, since their proper place is at a different stage of the investigative process. Rather than replacing criminal processes, commissions might guide whether and how they should take place. Commissions can be cathartic events for victims or families; they can demonstrate that human rights are a priority for the state and thus lay the foundations for the rule of law; and they can make broader recommendations about what should be done. In short, in certain circumstances, they can serve to enable a broader concept of accountability.Praise for this publication“A rich collection of well-researched chapters made up of normative analysis and case studies, which presents a much-needed scholarly contribution to the question of accountability for violations of human rights—particularly the right to life—through a means other than a routine criminal process, a question with which the African Commission on Human and Peoples' Rights wrestled in its Study on Transitional Justice that was the basis for the African Union Transitional Justice Policy. The insights it offers on why, how and when Commissions of Inquiry in Africa facilitate accountability are profoundly informative not only for scholars but also for policy makers and practitioners.”Solomon Ayele DerssoChairperson, African Commission on Human and Peoples’ Rights “This book covers new ground, with six rich case studies drawing from on-the ground research across the African continent. It demonstrates that while independent mechanisms can all face significant challenges in the aftermath of grave violations of human rights, properly-mandated, adequately-empowered and well-supported commissions of inquiry can in some cases play a valuable role within broader processes of accountability. The authors rightly focus on the complementarity of the different elements that a transitional justice process must have in order to be compatible with human rights standards, making an extraordinary theoretical contribution to debates about how to guarantee human rights in the face of atrocious facts.”Fabián SalvioliUN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrenceTable of ContentsBackground and acknowledgments &Members of the research teamIntroduction: The role of national commissions of inquiry in securing the supreme human rightThomas Probert & Christof HeynsA brief introduction to the right to life and the normative framework mandating accountability, including the duty to investigate potentially unlawful deaths, as well as to the broader research project lying behind this volumeThe concept of accountability and its importance for the protection of the right to lifeThomas ProbertA chapter that looks at how the mutually-reinforcing character of human rights accountability is fundamental to its definition, and the consequence that human rights accountability must contain three key elements: finding out what happened and who was responsible (investigations); finding waysof remedying the situation (remedies); and finding ways of preventing it from happening again (reforms).‘Lawfare’, instruments of governmentality and accountability, or both? An overview of national commissions of inquiry in AfricaMeetali JainA chapter illustrating how commissions of inquiry have a long pedigree in the legal and bureaucratic architecture of several of the colonial powers in Africa, and have been adopted by many African governments during the post-colonial period. It explores how the commission of inquiry, as an instrument of governmentality, can be and has been imposed for the purpose of legalistic domination, but how it has sometimes acquired a life of its own and also catalysed reform.Commissions of inquiry and social solidarity in the African contextChristof HeynsA chapter that discusses the extent to which it is possible to draw lessons from an historical emphasis on social solidarity to inform our understanding of the role of commissions in Africa. In particular, it explores the extent to which South African jurisprudence has been informed by or has deployed the concept of ubuntu and its impact on accountability, also for right to life violationsShedding all the light? The Commission of Inquiry into the Crimes and Misappropriations of Hissène Habré in ChadThe first case-study chapter, this examines the Commission of Inquiry into the Crimes and Misappropriations Committed by Ex-President Habré, his Accomplices and/or Accessories, which took place in Chad in 1990 to 1991. Established by new President Idriss Déby after Habré had fled the country, it provided a rather one-sided account of the abuses that had occurred during the latter’s rule. Nonetheless, its role in documenting violations, and its status as an official record adopted by the government of Chad, would go on to play a central role in the long story of the pursuit of justice for Habré’s victims, culminating in the Extraordinary African Chambers verdict and his conviction in 2016.A murdered journalist and a crisis of faith in the judiciary: The Independent Commission of Inquiry into the Death of Norbert Zongo in Burkina FasoThomas ProbertWhereas that Chadian Commission reviewed evidence of violations that took place over eight years, and reported on thousands of deaths, the next case study, that of the Independent Commission of Inquiry into the Death of Norbert Zongo and His Four Companions in Burkina Faso in 1999, investigated the events of a single afternoon. This chapter shows how, while the Commission focused on the murder of a journalist, the mobilisation for its establishment, and the challenges it faced reflected a complete lack of faith of the official judicial machinery of Blaise Compaoré’s regime.Public hearings and secret envelopes: The Waki Commission as a case study of accountability in KenyaAnyango Yvonne OyiekeThe third case study is of the well-known Commission of Inquiry into Post-Election Violence in Kenya (sometimes called the Waki Commission). This Commission played a central role at the beginning of a long process of the pursuit of accountability for the abuses at the hands of both non-state and state actors in the aftermath of the 2007 election in Kenya. The Commission formed part of an internationally-mediated peace agreement, involved two international commissioners, and would ultimately end up implicated in a far more international process of indictments before the ICC that would lead to a sitting President appearing (briefly) in the dock at The Hague.A slow but steady search for justice: The Commission of Inquiry into the July 2011 ‘riots’ in MalawiJohn KotsopoulosThe conduct of the police was also examined by the Commission of Inquiry into the Death and Destruction of Property during the events of July 2011 in Malawi. This case was an interesting example of a commission of inquiry investigating a single set of events (the state’s response to a coordinated set of public protests across several cities) from multiple social perspectives, while also drawing important lessons for how the police ought to conduct public order operations.The rose that grew from concrete: The Commission of Inquiry into policing in Khayelitsha, South AfricaMeetali JainThe Commission of Inquiry into Police Inefficiency in Khayleitsha was tasked with investigating an ongoing situation, in one of South Africa’s larger townships. Rather than inquiring into a specific police action, it was in many ways tasked with examining the causes of police inaction. This chapter shows how a commission established by the provincial government of the Western Cape was able to cast a spotlight on a series of social injustices that contributed to substantially weaker protections of the right to life.The (im)partiality of justice: The challenges of investigating the clashes between the Islamic Movement of Nigeria and the Nigerian army in Zaria, NigeriaAnyango Yvonne OyiekeThe final case study is the most recent. The Kaduna State Commission of Inquiry into the Clashes Between the Islamic Movement of Nigeria and the Nigerian Army in Zaria Between 12th & 14th December 2015 provides an interesting example in many respects of how not to conduct a commission of inquiry. This chapter demonstrates how, provided with a less than impartial mandate, a commission can ostensibly neglect the opportunity to conduct detailed investigations into credible evidence of serious violations.Commissions of inquiry: Valuable first steps towards accountability or smokescreens for inaction?Thomas Probert & Christof HeynsWhile not based on a representative sample of current usage or “success”, the findings of this study can lend themselves to certain generalised observations about the effectiveness of commissions of inquiry as accountability mechanisms, and the circumstances under which they can play a role in the broader process that fulfils the state’s procedural obligations with regard to violations of the right to life. In a concluding chapter the editors pull together some of these general characteristics, while also drawing upon international human rights law standards for the conduct of investigations.Annex: A list of commissions of inquiry in Africa, 1990-2016

Compendium on key international & African children’s rights instruments

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ISBN: 9781920538880 Year: Pages: 61 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-04-08 14:53:33
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This booklet has been prepared by the Centre for Child Law, Faculty of Law, University of Pretoria. In 2018, the Centre for Child Law celebrates 20 Years of strategic litigation, research and advocacy in order to advance child law and children’s rights in South Africa. The United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child have played an important role in shaping children’s rights jurisprudence in South Africa. This booklet is accompanied by a flash drive that contains a number of General Comments issued by the UN Committee on the Rights of the Child and the African Committee of Experts on the Rights and Welfare of the Child. This is an updatable resource – as the Committees produce future General Comments and issue views arising from their communications procedures, the new documents can be added to the flash drive, allowing this small compendium to grow as the jurisprudence expands.

Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts

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ISBN: 9781920538637 Year: Pages: 226
Publisher: Pretoria University Law Press (PULP)
Added to DOAB on : 2020-04-08 15:49:25
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Legal Grounds III: Reproductive and Sexual Rights in Sub-Saharan African Courts is a joint publication of the International Reproductive and Sexual Health Law Program of the University of Toronto, Canada; the Centre for Human Rights, Faculty of Law, at the University of Pretoria, South Africa; and the Center for Reproductive Rights, New York. It is the expanded third volume in a series originally conceived by Kibrom Isaak, LL.M., a graduate of the International Reproductive and Sexual Health Law Program, who organised and wrote the prototype, and drafted most of the first two volumes.The editors of Legal Grounds III are tremendously grateful to all those who have supported us to produce this book. The planning and execution would not have been possible without a grant from the Ford Foundation. African publication and dissemination were generously supported, through the Centre for Human Rights, by The Open Society Foundations.

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