scholarly journals Oil exploitation and human rights violations in Nigeria’s oil producing communities

Afrika Focus ◽  
2012 ◽  
Vol 25 (2) ◽  
Author(s):  
Olubayo Oluduro

This work found that the continuous violations of human rights of the people to- gether with the poor regulation of oil MNCs in Nigeria are caused by a combination of several factors including: an inadequate legal framework which denies local inhabitants of their rights to land and natural resources; scant regard for environmental considerations; poor enforcement of the relevant environmental laws meant to protect the people and the environment; the Nigerian state ́s over-reliance on oil; prolonged military rule; a high level of corruption in the oil industry and the entire body polity of Nigeria; non-justiciability of the right to a clean environment; and weak institutions such as the judiciary and the National Human Rights Commission. All of these deficiencies continue to date. Coming at a time when governments worldwide are striving to ensure corporate accountability for their activities in host nations, this work is unique in that it incisively analyses how the national and regional institutions could be strengthened to provide effective protection against human rights abuses and ensure corporate accountability. The strengthening of these institutions and the promotion of a rights-based approach to environmental justice in the Niger Delta region therefore deserves concentrated attention and efforts by all actors in the industry. 

Author(s):  
Nadia Baranovich ◽  
Ravichandran Moorthy

The formation of the State of Israel in 1948 has led to bloody course of events, which continues to this day, as to who has the right to claim the land home; the Palestinian-Arabs (mostly Muslim) or the Jewish (mostly non-Arab residents). The Israel-Palestine conflict is one of the most violent and bloodiest protracted conflict in the post World War II era, which has resulted in massive human casualties and human rights abuses for decades. The numerous wars in conjunction with the rise of militant groups like Hezbollah and Hamas have led to the development of a human security dilemma in Palestine and Israel. Decades of violence and destruction have resulted in massive human casualties, political chaos and disruption to the way of life of the people in the region. The concept of human security began to enter mainstream human rights, security and international politics debate, more prominently, after the release of the 1994 report United Nations Development Programme (UNDP) report on Human Development. The report is essentially explicit manifestations of the human rights principles enshrined in the 1948 United Nations Declaration of Humans Rights (UNDHR). Human security pushes for intense promotion and greater respect for human life in all spheres of human endeavors. This article inspects the human security dimension present in the Israel-Palestine conflict. This article encompasses two major parts. The first part provides an external understanding of how human security principles can be applied to Israel- Palestine conflict and how it affects the possibility of peace. Secondly, the article addresses the question on how people ‘inside’ the conflict view human security and the possibility of peace.  


Author(s):  
Pierre Salmon

Among many aspects to the question of whether democracy is exportable, this contribution focuses on the role of the people, understood not as a unitary actor but as a heterogeneous set: the citizens. The people matter, in a different way, both in the countries to which democracy might be exported and in the democratic countries in which the question is about promoting democracy elsewhere. The mechanisms or characteristics involved in the discussion include yardstick competition, differences among citizens in the intensity of their preferences, differences among autocracies regarding intrusion into private life, citizens’ assessments of future regime change, and responsiveness of elected incumbents to the views of minorities. The second part of the contribution explains why promotion of democracy is more likely to work through citizens’ concern with human rights abuses than with regime characteristics.


AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 193-195
Author(s):  
Elspeth Guild

Fleur Johns' thesis about the increasing role of data in the verification of the condition of the world and how this impacts on international law is stimulating and bears reflection. This is an extremely interesting and innovative approach to the issue of data and its role in state engagement with mass migration. From the perspective of a scholar on international refugee law, a number of issues arise as a result of the analysis. One of the contested aspects of mass migration and refugee protection is the inherent inconsistency between two ways of thinking about human rights—the first is the duty of (some) international organizations to protect human rights in a manner which elides human rights and humanitarian law, and the second is the right of the individual to dignity, the basis of all human rights according to the UN's Universal Declaration of Human Rights of 1949. The first enhances the claims of states to sovereign right to control their borders (mediated through some international organizations), while the second recognizes the international human rights duties of states and international organizations to respect the dignity of people as individuals (including refugees). Fleur is completely correct that human rights abuses are at the core of refugee movements. While there are always many people in a country who will stay and fight human rights abuses even when this results in their sacrifice, others will flee danger trying to get themselves and their families to places of safety; we are not all heroes. Yet, when people flee in more than very small numbers, state authorities have a tendency to begin the language of mass migration. The right to be a refugee becomes buried under the threat of mass migration to the detriment of international obligations. Insofar as mass migration is a matter for management, the right of a refugee is an individual right to international protection which states have bound themselves to offer.


Author(s):  
Foday Yarbou

AbstractThe conflict between Jammu and Kashmir has acquired a multifaceted character. On one hand, the conflict involves national and territorial contestations between India and Pakistan, and on the other, it entails different kinds of human rights abuses and various political demands by religious, linguistic, regional, and ethnic groups in both parts. This article aims to portrait the images and human rights abuses meted on the people of Jammu and Kashmir. It also urges and pleads to India and Pakistan and all those countries who are taking part directly or indirectly in the territorial disputes or conflict in the region of Jammu and Kashmir to end the conflict. Human rights abuse such as torture, rape, sexual harassment, murder, and unnecessary killings of the people of this region were all condemned by the author of this article. He further requests the international community such as the United Nation to take a bold step in settling the conflict in that region by passing an effective resolution at the international level that will put an end to the conflict. In this article, the author uses a qualitative research method to explore different journals and write up of scholars in finding tangible solutions to the conflict in Jammu and Kashmir. The author also uses a theoretical explanation in the article. The result of this article intends to see that all the main concerning points raised in this write-up are fully considered and implemented by the United Nation in bringing peace and stability in the region of Jammu and Kashmir. Conflict in this region has become a worrying issue in the international community and the necessary steps should be taken to bring it to halt.


2011 ◽  
Vol 16 (4) ◽  
pp. 439-457 ◽  
Author(s):  
Lee C. Moerman ◽  
Sandra L. van der Laan

This paper documents the history of paternalistic state policies and the effects of asbestos mining on the Indigenous community at Baryulgil in northern New South Wales. Despite the lack of profitability, the asbestos operations continued for over 30 years leaving a legacy of asbestos-related health and environmental issues. The shift of responsibility for Indigenous welfare from the State to a corporate entity is evidenced in this historical study using the lens of historical institutionalism. The Baryulgil case is instructive in a number of ways: it demonstrates the subtlety with which human rights abuses can occur in an environment where paternalistic attitudes towards Indigenous peoples prevail; it demonstrates the clash between pursuit of corporate objectives and human rights; and finally it demonstrates the lack of corporate accountability in the asbestos industry.


2019 ◽  
Vol 24 (2) ◽  
pp. 315-337
Author(s):  
Cristiani Pereira de Morais Gonzalez ◽  
Maria Creusa De Araújo Borges

A partir de uma pesquisa teórico-normativa e descritiva, busca-se descrever a Educação em Direitos Humanos (EDH) na educação básica, que está traçada na 1ª fase do Programa Mundial para Educação em Direitos Humanos (PMEDH) e no Plano Nacional de Educação em Direitos Humanos (PNEDH). Consoante o primeiro, a EDH na educação básica é direito de todas as crianças, e prática educativa que deve ser desenvolvida nos sistemas de ensino primário e secundário; e, segundo o último, ainda, na comunidade escolar em interação com a comunidade local. Constata-se que a concepção de EDH contida nesses documentos é permeada pelo elemento da universalidade, havendo resguardo da diversidade quanto à prática.  Based on a normative and descriptive research, the goal is to describe Human Rights Education (HRE) in basic education that is outlined in the first phase of the World Program for Human Rights Education (WPHRE) and in the National Human Rights Education Plan (NHREP). According to first, HRE in basic education is the right of all children and the educational practice that must be developed in primary and secondary education systems; and, according to latter, still in the interation between the school community and the local community. It is verified that the concept of HRE contained in these documents is permeated by universality, protecting the diversity in the practice.


2018 ◽  
Vol 1 (2) ◽  
pp. 371
Author(s):  
Dewi Sukmaningsih

Indonesia is a country of law, and one of the characteristics of a state of law is the guarantee and protection of human rights, one of which is the right to obtain information, including the legal information that is information about the legislation both national and local. The principle of fiction (fictie) law states that any person considered to determine the existence of a legislation after its enactment, the ignorance of the people on the legislation, can not be excused. To that end, legislation information should be easily accessible. Issuance of Presidential Decree No. 33 of 2012 on Information and Documentation Network of National Law (JDIHN) isin order to fulfill the right to obtain legal information, especially information legislation. Management of Legal Documentation and Information Network by utilizing information and communication technology (ICT) makes legal information can be accessed quickly, easily, complete and accurate, thereby supporting the fulfillment of human rights, namely the right to obtain legal information properly.Keywords: Documentation and Legal Information Network, Efforts, Fulfillment, Human Rights


2021 ◽  
Vol 2 (1) ◽  
pp. 29
Author(s):  
Uche Nnawulezi ◽  
Bosede Remilekun Adeuti

The prospect of achieving sustainable reproductive rights protection in the wake of the COVID-19 pandemic in Nigeria has remained an intractable problem. To identify and recognize reproductive rights, it is necessary to comprehend that reproductive right embraces certain human rights recognized in national and international laws, including international human rights’ documents. This paper examines the existing Nigeria laws on reproductive and health rights and ascertains the extent to which it has continually and predictably addressed the reproductive rights protection problem. There is a significant protection gap in the national human rights architecture. At the international level, among the poorer adolescent girls between the age of 15-19 years, it frequently results in early pregnancy and, of course, unsafe abortion. Thus, this gap relates in particular to questions on lack of access to family planning services. This paper argues that improvement of reproductive and sexual health goes far beyond the right to life and the right to health of women and girls. To guarantee Nigeria's reproductive rights, a more integral response to these critical human rights and development challenges can address Nigeria's protection gap. This paper adopts an analytical and qualitative approach by referring to existing pieces of literature achieved by the synthesis of ideas. This paper concludes that the adoption of a new approach to policies and programs on preventable maternal mortality and morbidity guarantees the right to attain the highest standard of sexual reproductive health in Nigeria. KEYWORDS: Reproductive Rights, Health Issues, COVID-19 Pandemic, Nigeria.


2015 ◽  
Vol 12 (1) ◽  
pp. 81-115
Author(s):  
Siobhán Airey

This article addresses the specific norm-generation function of indicators in a human rights context, focusing on ways that indicators foreground and legitimize as ‘truth’ particular worldviews or values. It describes the stakes of this process through elaborating on the concept of ‘indicatorization’, focusing on one moment in which the relationship between human rights and development was defined through indicators: the indicatorization of the Right to Development by a un High Level Task Force in 2010. In this initiative, different perspectives on human rights, equality, participation and development from within the un and the World Bank were brought together. This resulted in a subtle but significant re-articulation of ideas contained in the 1986 un Declaration on the Right to Development. The article argues that how indicatorization happens, matters, and has important implications for the potential role of human rights discourse within international economic relations.


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