scholarly journals Under the radar: the role of fair and equitable benefit-sharing in protecting and realising human rights connected to natural resources

2019 ◽  
Vol 23 (7) ◽  
pp. 1098-1139
Author(s):  
Elisa Morgera
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
Benefit Sharing

The Inter-American Court of Human Rights and Multinational Enterprises: Towards Business and Human Rights in the Americas?

2017 ◽  
Vol 16 (3) ◽  
pp. 437-463 ◽  
Author(s):  
María Carmelina Londoño-Lázaro ◽  
Ulf Thoene ◽  
Catherine Pereira-Villa
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Multinational Enterprises ◽  
Qualitative Data ◽  
Benefit Sharing ◽  
Soft Law ◽  
Due Diligence ◽  
The Rule Of Law ◽  
Business And Human Rights

Abstract This article analyses the role of the jurisprudence of the Inter-American Court of Human Rights (IACtHR) within a business and human rights framework. A qualitative data analysis of cases on multinational enterprises (mnes) identifies the following: that the obligations the IACtHR places upon States explicitly contemplate soft law instruments, such as the United Nations Guiding Principles on Business and Human Rights; and that there exist shared obligations with companies and attempts to regulate mne conduct by establishing conditions for due diligence, such as prior consultation, benefit-sharing and reparation measures for affected communities. Therefore, IACtHR rulings may contribute to the rule of law in so far as they have normative effects on member States, but they can also prove to be ineffective given the nature of corporate conduct and certain non-enforceable responsibilities.

scholarly journals Can Human Rights and Indigenous Spirituality Prevail over State-Corporatism? A Narrative of Ecological and Cultural Rights Violation from East Kalimantan, Indonesia

2017 ◽  
Vol 1 (1) ◽  
pp. 1
Author(s):  
Mirza Satria Buana
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
Fundamental Rights ◽  
Negative Effects ◽  
Political Condition ◽  
Cultural Rights ◽  
East Kalimantan ◽  
Indigenous Spirituality ◽  
Potential Tool

This article examines both theoretical and empirical discussion on strategies to overcome state-corporatism and developmentalism practices in East Kalimantan, Indonesia. State-corporatism is the term used to describe a political condition when a state has a strong linkage to organized groups. Developmentalism is an over-arching concept to describe a strong tendency of a state to maximize economics growths through investment, while disregarding people’s fundamental rights. East Kalimantan Province is selected because it is highly known as one of the enournous amount of natural resources found within among other provinces in Indonesia. However, the richness of this province has become a curse of its people due to massive destructions of natural resources. This paper seeks to analyse in what way human rights’ principles and indigenous spirituality can lessen the negative effects of ‘development’ projects sustained by state-corporatism. This article contemplates what strategies that can be executed to diminish state-corporatism effects in East Kalimantan, particularly in two important districts: Regency of Kutai Kartanegara and Bontang Municipality. This article argues that the indigenous spirituality is a key to battle state-corporatism’s influences. Indigenous spirituality as forum internum is still a potential tool of advocacy. By capitalizing the role of shamans, indigenous peoples might still have opportunities to reclaim and defend their cultural rights.

The Kenya National Commission on Human Rights under the 2010 Constitutional Dispensation

2018 ◽  
Vol 26 (2) ◽  
pp. 205-226
Author(s):  
Bonolo Ramadi Dinokopila ◽  
Rhoda Igweta Murangiri
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
National Commission ◽  
Bill Of Rights ◽  
Institutional Perspective ◽  
Post Conflict ◽  
National Human ◽  
The Status ◽  
Protection Of Human Rights

This article examines the transformation of the Kenya National Commission on Human Rights (KNCHR) and discusses the implications of such transformation on the promotion and protection of human rights in Kenya. The article is an exposition of the powers of the Commission and their importance to the realisation of the Bill of Rights under the 2010 Kenyan Constitution. This is done from a normative and institutional perspective with particular emphasis on the extent to which the UN Principles Relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles, 1993) have been complied with. The article highlights the role of national human rights commissions in transformative and/or transitional justice in post-conflict Kenya. It also explores the possible complementary relationship(s) between the KNCHR and other Article 59 Commissions for the better enforcement of the bill of rights.

Provision of Remedies for Violation of Economic, Social and Cultural Rights: A Comparative Study of the United Nations, Inter-American and African Human Rights Systems

2020 ◽  
Vol 28 (2) ◽  
pp. 298-318
Author(s):  
Roman Girma Teshome
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Comparative Study ◽  
Economic Rights ◽  
Regional Monitoring ◽  
Cultural Rights ◽  
The Past ◽  
The United Nations ◽  
To Receive

The effectiveness of human rights adjudicative procedures partly, if not most importantly, hinges upon the adequacy of the remedies they grant and the implementation of those remedies. This assertion also holds water with regard to the international and regional monitoring bodies established to receive individual complaints related to economic, social and cultural rights (hereinafter ‘ESC rights’ or ‘socio-economic rights’). Remedies can serve two major functions: they are meant, first, to rectify the pecuniary and non-pecuniary damage sustained by the particular victim, and second, to resolve systematic problems existing in the state machinery in order to ensure the non-repetition of the act. Hence, the role of remedies is not confined to correcting the past but also shaping the future by providing reforming measures a state has to undertake. The adequacy of remedies awarded by international and regional human rights bodies is also assessed based on these two benchmarks. The present article examines these issues in relation to individual complaint procedures that deal with the violation of ESC rights, with particular reference to the case laws of the three jurisdictions selected for this work, i.e. the United Nations, Inter-American and African Human Rights Systems.

Gender and belief factors on attitude towards Social and Environmental Accounting (SEA)

2009 ◽  
Vol 6 (2) ◽  
pp. 51
Author(s):  
Salina Abdullah ◽  
Ern Chen Loo
Keyword(s):  
Natural Resources ◽  
Undergraduate Students ◽  
Environmental Issues ◽  
Environmental Accounting ◽  
Future Generations ◽  
Business And Society ◽  
Four Dimensions ◽  
Sustain Ability ◽  
The Relationship

Research on social and environmental accounting (SEA) has mainly concentrated on disclosure of SEA by corporate bodies, where investigations on ones attitude towards SEA are rarely discussed. SEA is a medium that develops relationships between business and society, community and nature. In addition, SEA involves a concept of sustain ability; where natural resources need to be sustained for the needs of future generations (Alhabshi et al., 2003). SEA also tries to recognise the role of accounting in sustainable development and the use of environmental resources. There are arguments that the young generations today are not fully aware of preserving these natural resources as well as handling social and environmental issues wisely. This perhaps link closely to their belief and cultural background. Hence, this paper examines the influence of gender and belief factors on the undergraduate students’ attitude towards SEA. Four dimensions of belief (fixed ability, quick learning, simple knowledge and certain knowledge) proposed by Schommer (2005) were adapted to analyse how belief factors have influence on their attitude towards SEA. An independent sample t-test was used to examine the relationship between gender and students’ attitude towards SEA. Spearmen’s correlation was employed to show the relationship between belief and attitude towards SEA. The results revealed that gender differences did not show influences on their attitude towards SEA. It was found that there is a significant relationship between belief and students’ attitude towards SEA. Students who believe on the importance of SEA tend to report positive attitude towards SEA. Perhaps findings of this study may provide some information on the SEA education and further be incorporated in the syllabus.

Solidarity and Social Justice in the European Union Seventy Years after the Universal Declaration of Human Rights: The Role of European Judges

2019 ◽  
Vol 76 (3-4) ◽  
pp. 138-148
Author(s):  
Francesco Zammartino
Keyword(s):  
Human Rights ◽  
Universal Declaration ◽  
Social Progress ◽  
Economic Policies ◽  
International Level ◽  
The European Union ◽  
Human Beings ◽  
Government Programs ◽  
Binding Force

Seventy Years after its proclamation, the Universal Declaration of Human Rights, despite not having a binding force for the states, still provides at international level the fundamental text from which the principles and the values for the preservation of liberty and right of people are taken. In this article, the author particularly underlines the importance of Declaration’s article 1, which states: “All human beings are born free and equal in dignity and rights”. With these words the Declaration presses states to undertake economic policies aimed at achieving economic and social progress for all individuals. Unfortunately, we also have to underline the lack of effective social policies in government programs of the E.U. Member States. The author inquires whether it is left to European judges to affirm the importance of social welfare.

Reforming the Role of the African Commission on Human and Peoples’ Rights in Advancing Democratic Principles and Human Rights in African Countries: An Examination Using the Lens of Swaziland/ eSwatini

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Jeremy Sarkin
Keyword(s):  
Human Rights ◽  
African Countries ◽  
Individual Country ◽  
The Status ◽  
Effective Role ◽  
Limited Compliance ◽  
Fact Finding ◽  
Democratic Principles ◽  
African Commission

This article explores the role of the African Commission on Human and Peoples’ Rights and the role it plays regarding human rights in individual country situations in Africa. It specifically examines the extent to which it has been able to advance a human rights agenda in countries with long-standing human rights problems. The article uses Swaziland/ eSwatini as a lens to examine the matter, because of the longstanding problems that exist in that country. This is done to indicate how the institution works over time on a country’s human rights problems. The article examines a range of institutional structural matters to establish how these issues affect the role of the Commission in its work. The article examines the way in which the Commission uses its various tools, including its communications, the state reporting processes, fact-finding visits, and resolutions, to determine whether those tools are being used effectively. The article examines how the Commission’s processes issues also affect it work. Issues examined negatively affecting the Commission are examined, including problems with the status of its resolutions and communications, limited compliance with its outcomes, and inadequate state cooperation. Reforms necessary to enhance to role and functions of the Commission are surveyed to determine how the institution could become more effective. The African Union’s (AU|) Kagame Report on AU reform is briefly reviewed to examine the limited view and focus of AU reform processes and why AU reform ought to focus on enhancing human rights compliance. The article makes various suggestions on necessary institutional reforms but also as far as the African Commission’s procedures and methods of work to allow it to have a far more effective role in the promotion and protection of human rights on the continent. It is noted that political will by the AU and African states is the largest obstacle to giving the Commission the necessary independence, support and assistance that it needs to play the role in Africa that it should.

Coming out of the closet? Audience reactions to the heteronormative disruptive advertising

2020 ◽  
Vol 3 (2) ◽  
pp. 75-102
Author(s):  
Ramasela Semang L. Mathobela ◽  
Shepherd Mpofu ◽  
Samukezi Mrubula-Ngwenya
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Coming Out ◽  
Gender Issues ◽  
Qualitative Approach ◽  
Positive Development ◽  
Global Trend ◽  
Social Media Platforms ◽  
The Media

An emerging global trend of brands advertising their products through LGBTIQ+ individuals and couples indicates growth of gender awareness across the globe. The media, through advertising, deconstructs homophobia and associated cultures through the use of LGBTIQ+s in commercials. This qualitative research paper centres the advancement of debates on human rights and social media as critical in the interaction between corporates and consumers. The Gillette, Chicken Licken‘s Soul Sisters and We the Brave advertisements were used to critically analyse how audiences react to the use of LGBTIQ+ characters and casts through comments posted on the brands‘ social media platforms. Further, the paper explored the role of social media in the mediation of significant gender issues such as homosexuality that are considered taboo to engage in. The paper used a qualitative approach. Using the digital ethnography method to observe comments and interactions from the chosen advertisement‘s online platforms, the paper employed queer and constructionist theories to deconstruct discourses around same-sex relations as used in commercials, especially in quasiconservative. The data used in the paper included thirty comments of the brands customers and audiences obtained from Twitter, Facebook and YouTube. The paper concludes there are positive development in human rights awareness as seen through advertisements and campaigns that use LGBTIQ+ communities in a positive light across the world.

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