scholarly journals An assessment of the regulatory legal and institutional framework of the mining industry in South Africa and Kenya for effective human rights protection: Lessons for other countries

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Oluwatosin B Igbayiloye ◽  
Danny Bradlow
Keyword(s):  
Human Rights ◽  
Mining Industry ◽  
Mineral Resources ◽  
Institutional Framework ◽  
Human Rights Violations ◽  
Effective Protection ◽  
Extractive Industry ◽  
Human Rights Protection ◽  
Long Run ◽  
The Government

SUMMARY The priorities ofAfrican governments regarding the extractive industry tend to focus on economic interests leading them to provide a conducive environment for investments by private entities. Furthermore, reforms in the industry are inclined to promote these priorities with less consideration for adequate protection for affected people and their environment, including protection from resulting social and environmental impacts. The result in economies endowed with mineral resources is that resources are poorly managed and the outcomes of exploitation of mineral resources are environmental degradation, loss of lives, displacement, conflicts between companies and mining communities, protests against mining projects, and human rights violations. These problems in the long run slow down development and forestall its benefits because of poor regard for the concerns of affected people by the government and companies. Filling the gaps in extractive policies, particularly in the area of protection of communities and their environment affected by activities of the extractive industry, is essential to tackle the environmental and social outcomes of mining activities. In this article the legal and institutional framework regulating the mining industry in selected jurisdictions in Africa is examined to determine the extent to which they respond to the problems arising from the development of mineral resources, particularly the human rights violations caused by the adverse impacts of mining. Some lessons are drawn for the benefit of other countries. The article argues that some of these mining policies poorly encourage effective protection of affected communities, particularly human rights, in mining developments. The article proposes that mineral legal regimes need to be strengthened for the effective protection of affected people and their environment. Key words: mining industry; mineral resources; mining; mining policies; human rights

scholarly journals Perlindungan Hak Asasi Manusia terhadap Narapidana Narkotika Sebagai Warga Binaan Pemasyarakat Menurut Undang-Undang Nomor 12 Tahun 1995 Tentang Pemasyarakatan

Wajah Hukum ◽  
2019 ◽  
Vol 3 (2) ◽  
pp. 192
Author(s):  
Sigit Somadiyono ◽  
Nella Octaviany Siregar
Keyword(s):  
Human Rights ◽  
Daily Life ◽  
Correctional Officers ◽  
The State ◽  
Human Rights Violations ◽  
Daily Lives ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
The Government

This research specifically discusses the human rights of prisoners as prisoners in prison, which in their daily lives must be respected, upheld and protected by the state, the law (in this case the Penitentiary Act to be in line with the Human Rights Act), the government through the apparatus is correctional officers and fellow inmates. Prisoners in their daily life can make mistakes and lives that are in contact with human rights violations. The object of this research is the human rights of inmates as prisoners in prison (WBP). The formulation of the problems in this study are (1) How are the human rights protection arrangements for prisoners in prison according to Law Number 12 of 1995; and (2) How is the implementation of human rights protection for narcotics prisoners in prison in East Tanjung Jabung Regency. This study uses Law Number 12 of 1995 Concerning Corrections and other derivative regulations. The results showed that there were differences in the implementation of human rights protection for prisoners with Law Number 12 of 1995 Concerning Corrections. 

scholarly journals THE INTER-AMERICAN HUMAN RIGHTS SYSTEM AND THE ROLE AND RIGHTS OF JUDGES

REVISTA ESMAT ◽  
2021 ◽  
Vol 12 (20) ◽  
pp. 220-250
Author(s):  
Elizabeth Abi-Mershed
Keyword(s):  
Human Rights ◽  
Judicial Independence ◽  
Human Rights Violations ◽  
Access To Justice ◽  
Core Component ◽  
Effective Protection ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Judicial Protection ◽  
Domestic Level

Access to justice at the domestic level is a core component of human rights protection, with judges playing a key role in that process. Judges may require particular protection when subject to violations of their own rights in connection with their judicial mandate. This article first provides a basic overview of the Inter-American Commission’s and Court’s respective mandates. There are some brief references to examples from Brazil, as well as some concerning judicial independence and the protection of judges. The article then reviews a series of individual cases in which the Commission and Court have set standards on the obligation of states to respect the role and independence of judges. The focus is on independence, through respect for their security of tenure against improper interference, as well as effective protection when judges are subjected to threats or violence due to their work. In relation to judicial protection and guarantees, the article also looks briefly at the system’s clear position against the use of military jurisdiction to investigate, prosecute and punish serious human rights violations. The article closes with a brief reflection on the system and the commonalities and distinctions within which it necessarily works.

scholarly journals The Role of African Court on Human and Peoples’ Right for Human Rights Protection: The Case of Libyan Crises

2020 ◽  
Vol 7 (1) ◽  
pp. 38-44
Author(s):  
Getahun Kumie Antigegn
Keyword(s):  
Human Rights ◽  
Qualitative Methodology ◽  
Human Rights Violations ◽  
Court Decisions ◽  
Humanitarian Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Protection Of Human Rights ◽  
The Government

The emergence of regional human rights systems depicts one of the greatest achievements in the internationalization of human rights. The foundation of the charter paved the way for the birth of the court thereafter. The African Court is established by virtue of the 1998 protocol to the Charter and the court is built upon an arsenal of protective and remedial techniques. The establishment of the court has reset the stage and created a new platform for the protection of human rights in Africa. The cardinal objective of the paper is to investigate the role of African Court on human and Peoples’ rights protection in Libya Crises taking the case of Saif Al Islam Gaddafi. The paper has utilized qualitative methodology. The government of Libya responded with brutal force against civilian protesters in contravention of international human rights and humanitarian law. The security force of the government of Libya killed many protesters as well. This situation intensified human rights violations and enforced many of the peoples to displace. The court issued an important ruling in March 2011, ordering provisional measures against Libya in the armed conflict in its territory. Libyan government denied the claims of human rights violations in its territory and showed its willingness to subject itself to criminal investigations by the Court if necessary. The issue of the fund, independence, commitment and competence of judges to interpret mandate and jurisdiction, the willingness of the states to support and to abide by court decisions, and powers of the concerned body to enforce court decisions hampered the court from being effective. Generally, unless African States act in good faith with respect to the decisions of the African Human Rights Court, the court becomes no more significant.

American and Canadian Civil Actions Alleging Human Rights Violations Abroad by Oil and Gas Companies

2008 ◽  
Vol 45 (3) ◽  
pp. 653 ◽  
Author(s):  
Jonathan Horlick ◽  
Joe Cyr ◽  
Scott Reynolds ◽  
Andrew Behrman
Keyword(s):  
Human Rights ◽  
Oil And Gas ◽  
The United States ◽  
Human Rights Violations ◽  
Law Of Nations ◽  
Forum Non Conveniens ◽  
The Government ◽  
Oil And Gas Companies ◽  
Political Question ◽  
The U.S

Under the United States Alien Tort Statute, which permits non-U.S. citizens to bring lawsuits in U.S. courts for human rights violations that are violations of the law of nations, plaintiffs have filed claims against multinational oil and gas corporations for the direct or complicit commission of such violations carried out by the government of the country in which the corporation operated. In addition to exercising jurisdiction over U.S. corporations, U.S. courts have exercised jurisdiction in cases involving non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside the U.S.The exercise of jurisdiction by U.S. courts over non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside of the U.S. raises serious questions as to the jurisdictional foundation on which the power of U.S. courts to adjudicate them rests. Defences that foreign defendants can raise against the exercise of jurisdiction by the U.S. courts are an objection to the extraterritorial assertion of jurisdiction, the act of state doctrine, the political question doctrine, forum non conveniens, and the principle of comity. These defences are bolstered by the support of the defendant’s home government and other governments.

The Fallacy of Effective Human Rights Protection under Relevant Treaty Law when Armed Groups Commit Violations

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Armed Groups ◽  
International Human Rights ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Treaties ◽  
International Human

Chapter 5 adds to the contemporary discourse on human rights obligations of non-state armed groups by showing that in many situations, there is a clear legal need for these obligations. This chapter first engages in the debate on whether and to what extent certain human rights treaties address armed groups directly. Second, it shows that under the law of state responsibility, states are generally not responsible for human rights violations committed by non-state entities. Third, it recalls that under international human rights law, states have an obligation to protect human rights against violations committed by armed groups. However, it argues that because this cannot be a strict obligation but is one that depends on states’ capacities and the particular circumstances, often this framework cannot adequately protect individuals against human rights violations by armed groups. The result is a legal and practical need for human rights obligations of non-state armed groups.

Best Available Techniques in mining industry: topical issues and solution methods

2020 ◽  
pp. 55-64
Author(s):  
A. E. Zakondyrin
Keyword(s):  
Mining Industry ◽  
Mineral Resources ◽  
Economic Activities ◽  
Extractive Industry ◽  
Best Available Techniques ◽  
Ecological Changes ◽  
Solution Methods ◽  
Frame Work ◽  
The Russian Federation ◽  
Negative Environmental Impact

Extraction of mineral resources is one of the most profitable economic activities of the country, commanding a large part in Russian GDP. Nevertheless, precisely extractive industry is simultaneously leading in the level of Negative Environmental Impact. Adoption and application of BAT in mining sector companies requires essential changes in ecological policy of the Russian Federation. Although they were already started since 2014, there are still many unsolved problems in this area. It is emphasized within the article frame work, that one of the most topical issues is a long-standing need to develop more efficient methods and mechanisms of state support for technological and ecological changes. The ways of difficulties overcoming were considered, recommendations on enhancement of existing regulatory framework and standardisation documents in the area of research were made.

scholarly journals Interim measures as human rights protection instruments: to the problem statement

2021 ◽  
pp. 539-544
Author(s):  
Siuzanna Mnatsakanian
Keyword(s):  
Human Rights ◽  
National Level ◽  
Human Rights Violations ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court ◽  
Core Issue ◽  
Great Practice ◽  
Interim Measures ◽  
Human Rights Violation

Conceptual approaches to defining the nature and the scope of interim measures implementation as an instrument of human rights protection at international and national level are analyzed. The widespread use of interim measures as international standard of urgent respond to alleged violations of human rights has not led to the implementation of the legal institute concerned at the national level. Accordingly, this analysis aimed at defining the grounds of interim measures as human rights protection instrument application to be used by the state as an immediate response to human rights violations and possible violations. European Court of Human Rights has a great practice of interim measures granting. Interim measures are granted by the Court only in clearly defined conditions, namely where there is a risk that serious violations of the Convention might occur. A high proportion of requests for interim measures are inappropriate and are therefore refused. Besides, interim measures are applied upon request of the applicant claiming about alleged violations of his or her human rights. At the national level interim measures should/may be granted upon request of the applicant or by the duty-bearer’s initiative to prevent possible human rights violations. The grounds of interim measures granting should also be defined – the best international practice should be used taking into account the Ukrainian context. Another core issue analyzed is defining duty-bearers – subjects enforced to grant interim to prevent abuse in the sphere concerned. It is obvious that court shall be the only authority to resolve the substantive case of alleged human rights violation. However, public and local authorities shall be enabled to grant interim measures to prevent the possible violations. With this, the scope and the sphere of its application at the national level shall be broader in comparison with the case law of the European Court of Human Rights.

Derecho Internacional Humanitario, Jurisdicción Penal Militar y Responsabilidad del Estado por violación a los Derechos Humanos. Un comentario a la Sentencia de la Corte Interamericana de Derechos Humanos «Masacre de Santo Domingo vs. Colombia»

2013 ◽  
pp. 149-164
Author(s):  
Jorge Ernesto ROA ROA
Keyword(s):  
Human Rights ◽  
Structural Features ◽  
The State ◽  
Human Rights Violations ◽  
Humanitarian Law ◽  
Santo Domingo ◽  
Military Conflict ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Derechos Humanos

LABURPENA: Kasuen ikerketa-metodologia erabiliz, Santo Domingo vs. Kolonbia epaiari buruzko iruzkinean, nagusiki, inter-amerikar esparruko giza eskubideen babesari lotutako egiturazko alderdiak aipatzen dira; besteak beste, eta bereziki: nola erabiltzen duen Inter-amerikar Auzitegiak Nazioarteko Zuzenbide Humanitarioa barne-gatazka armatuetako egoeretan; zer erlazio dagoen zigor-jurisdikzio militarraren eta Indar Armatuetako kideek egindako giza eskubideen urraketen ikerketaren artean; zein diren Estatuaren erantzukizuna aitortzeko egintzetarako baldintzak, eta zer elkarreragin dagoen nazioetako eta nazioarteko instantzia judizialen artean giza eskubideen urraketen ordainaz den bezainbatean. Egokiera-arrazoiengatik, alde batera utziko da Kolonbiako Estatuak urratu zituen Amerikar Konbentzioko eskubideetako bakoitzari buruz Giza Eskubideetarako Nazioarteko Auzitegiak erabakitakoaren azterketa. RESUMEN: Mediante la aplicación de la metodología de estudio de caso, el comentario a la Sentencia Santo Domingo vs. Colombia se centra en aspectos estructurales sobre la protección de los derechos humanos en el ámbito interamericano, en especial, el uso que la Corte Interamericana hace del Derecho Internacional Humanitario en situaciones que se producen en contextos de conflictos armados internos, la relación entre la jurisdicción penal militar y la investigación de las violaciones a los derechos humanos cometidas por miembros de las Fuerzas Armadas, los requisitos de los actos de reconocimiento de la responsabilidad del Estado y la interacción entre las instancias judiciales nacionales e internacionales en materia de reparación de violaciones a los derechos humanos. Por razones de oportunidad, se prescinde del análisis del pronunciamiento de la Corte IDH sobre cada uno de los derechos de la Convención Americana que fueron violados por el Estado de Colombia. ABSTRACT: By means of the problem based learning methodology, the analysis of the judgment Santo Domingo vs. Colombia focuses on structural features of the human rights protection within the Inter-American area, specially, the use made by the Inter-American Court of International Humanitarian Law in situations within contexts of internal military conflict, the relationship between military criminal jurisdiction and the investigation of human rights violations committed by Army forces, the requirements of the acts of recognition of the State responsibility and the interaction between the national and international judicial instances regarding the redress for human rights violations. For reasons of practical expediency, we will not analyze the judgment by the Inter-American Court on each of the rights of the American Convention breached by the State of Colombia.

Context

2016 ◽  
Author(s):  
Necati Polat
Keyword(s):  
Human Rights ◽  
Regime Change ◽  
Protection System ◽  
Old Regime ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Government ◽  
Full Swing ◽  
Desperate Attempt

The overall domestic context following the full defeat of the old regime in Turkey, and the main contours of the Islamist (‘Islamo-nationalist’, Millî Görüş) populism now in full swing, are described in this chapter. The discussion looks into the mood in the pro-government circles, with some emphasis on the Islamist speculations on democracy—terrifying to the secular masses—and the effective rule by policy, rather than law, enabled by the growing cult of Erdogan. This chapter also describes the spectacular fall out between the government and the former allies, who strongly shared in the power through the new bureaucracy, the Gulen cult. One centrifugal factor detected in portraying the setting is the formal commitment to the human rights protection system in Europe, which, paradoxically, acquired greater intensity during the regime change in a desperate attempt on the part of the government to by-pass the former centres of power.

Recognition and Protection of Women's Rights and Gender in FDRE Constitution and Other Laws of Ethiopia

2020 ◽  
Vol 7 (2) ◽  
pp. 32-46
Author(s):  
Yetimwork Anteneh Wondim
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Women’S Rights ◽  
Access To Education ◽  
Gender Based Violence ◽  
Human Rights Protection ◽  
Sexual Division Of Labor ◽  
The Government ◽  
Gender Based ◽  
And Gender

Irrespective of their contribution, women in Ethiopia have been facing issues like violence, gender-based discrimination, access to education and training, lack of basic human rights protection, and others. Girls' enrollment in education at all levels is much lower than boys. Female education is hampered mainly by the sexual division of labor, which confines girls to household activities. In addition, women have been suffering from gender-based violence under the guise of tradition and culture but condoned by society. In response to these problems, the Government of Ethiopia adopted relevant instruments pertaining to gender including the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW), The Beijing Platform for Action, The Ethiopian Constitution, and various other policies and establishing the national machinery for addressing gender issues. However, several challenges still exist in the realization of women's rights. Therefore, all the respect and protection given for human rights should also be given to women because women's rights are human rights.

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