scholarly journals 9 Identifying and Monitoring Human Rights Violations Associated with Large-Scale Land Acquisitions: A Focus on United Nations Mechanisms and South-East Asia

2016 ◽  
pp. 229-248
2012 ◽  
Vol 2 (1) ◽  
pp. 99-123 ◽  
Author(s):  
Karin Tengnäs

The global competition for African land is at a historical peak. Local effects of large-scale land acquisitions depend on multiple factors, but women's rights and livelihoods are generally very fragile due to historical and contemporary injustices. Good land governance is important for turning the land acquisitions into equal and equitable development opportunities. The human rights-based approach promotes good governance by adding strength and legal substance to the principles of participation and inclusion, openness and transparency, accountability and the rule of law, and equality and nondiscrimination. By empowering rights-holders and enhancing duty-bearers' capacity, international development cooperation can lead to wider and more gender-balanced inclusion of civil society in negotiations of large-scale land acquisitions and greater adherence of duty-bearers to the rule of law. This is especially important in African countries with large amounts of land and weak legal and institutional frameworks to protect rights, especially those of women.


2015 ◽  
Vol 8 (1) ◽  
Author(s):  
Yorck Diergarten ◽  
Tim Krieger

AbstractDeveloping countries with weak institutions often face severe commitment problems. International investors are reluctant to invest in these countries because their property rights are insufficiently protected. We argue that in order to overcome the commitment problem countries may subject investors’ rights protection to independent investment tribunals. These tribunals are known to strictly support property rights protection and to be reluctant to honor human rights considerations, although they might be applicable. This may explain why human rights of the local smallholders in large-scale land acquisitions are hardly protected in the Global South.


2016 ◽  
Vol 8 (4) ◽  
pp. 366-389
Author(s):  
Sebastian von Einsiedel ◽  
Louise Bosetti

Today the relevance, legitimacy and credibility of the United Nations are widely seen as a function of its efforts to end civil wars and prevent the worst mass atrocities. Despite advances in recent years, the un’s protection record over the past decade is mixed. Considering the ever-growing global expectations of the un to protect populations from large-scale violence, along with a rise in protection risks, these issues will naturally feature highly on the agenda of António Guterres when he assumes the post of Secretary-General in January 2017. He will need to overcome a number of daunting challenges to ensure the un realizes its protection promise and restores the organization’s damaged credibility in this area. To achieve this, he will need to make progress on three fronts in particular: first, fostering a renewed consensus around the Responsibility to Protect norm; second, strengthening the ability of peace operations to implement protection mandates while ensuring that expectations are in line with what blue helmets can deliver; and third, improving the un’s response to severe human rights violations in non-mission settings.


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