scholarly journals Organized criminals, human rights defenders, and oil companies

Focaal ◽  
2019 ◽  
Vol 2019 (85) ◽  
pp. 37-50 ◽  
Author(s):  
Lindsay Ofrias ◽  
Gordon Roecker
Keyword(s):  
Human Rights ◽  
Environmental Justice ◽  
Indigenous People ◽  
Smallholder Farmers ◽  
Amazon Rainforest ◽  
Ongoing Trial ◽  
Oil Companies ◽  
Testing Ground ◽  
Chevron Corporation ◽  
New Crop

This article examines how the world’s arguably largest oil disaster, in the heart of Ecuador’s Amazon rainforest, has become a testing ground for new global forms of corporate power and the criminalization of dissent. Following the ongoing “trial of the century” between Chevron Corporation and plaintiffs representing tens of thousands of smallholder farmers and indigenous people affected by the disaster, we look at how the Racketeer Influenced and Corrupt Organizations Act has been applied against the affected people and their lawyers to sidestep the norm of international comity and alter the parameters for pursuing environmental justice. Specifically, we point to how the case—and a new crop of cases following suit—has threatened to criminalize the use of “lawfare” as a “weapon of the weak.”

“As Slow as a Tortoise, and as Clever as a Hare.” Folktales as Lessons on Democracy, Equal Opportunities, and Human Rights among the Ndebele

2018 ◽  
Vol 28 (1) ◽  
Author(s):  
Lindiwe Ndlovu ◽  
Faith Sibanda
Keyword(s):  
Human Rights ◽  
Indigenous Knowledge ◽  
Indigenous People ◽  
Developing World ◽  
Equal Opportunities ◽  
Long Time ◽  
Animal Community ◽  
Do So

Indigenous African societies have, for a long time, been using their knowledge for the betterment of their lives. They have also demonstrated an ability to manipulate their immediate or remote surroundings to live sustainably. Those who claim to fight for equal and human rights in Africa do so under the misconception that they, and the developing world, have historically and inherently violated, and continue to violate, human rights in numerous ways. While this might not be completely dismissed, there is a plethora of evidence from African folktales to demonstrate that Africans have not only respected human rights, but have also encouraged equal opportunities for every member of their society. This article cross-examines Ndebele folktales with the intention of demonstrating that African indigenous knowledge exhibited through folktales was a well-organised system, which ensured respect for human rights for all members, regardless of their physical or social stature. Central to this discussion are the folktales which focus on the role played by the vulnerable members of the animal community, who replicate their human counterparts. Folktales are unarguably a creation by the indigenes and emanate from their socio-political experiences, as well as their observations of the surroundings. This suggests that indigenous people already had an idea about human rights as well as the need for equal opportunities since time immemorial. 

When Rights Embrace Responsibilities

2018 ◽  
Author(s):  
Giulia Sajeva
Keyword(s):  
Human Rights ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Local Communities ◽  
Economic Interests ◽  
Group Rights ◽  
Potential Applicability ◽  
Protection Of Human Rights ◽  
Relationship Of

The conservation of environment and the protection of human rights are two of the most compelling needs of our time. Unfortunately, they are not always easy to combine and too often result in mutual harm. This book analyses the idea of biocultural rights as a proposal for harmonizing the needs of environmental and human rights. These rights, considered as a basket of group rights, are those deemed necessary to protect the stewardship role that certain indigenous peoples and local communities have played towards the environment. With a view to understanding the value and merits, as well as the threats that biocultural rights entail, the book critically assesses their foundations, content, and implications, and develops new perspectives and ideas concerning their potential applicability for promoting the socio-economic interests of indigenous people and local communities. It further explores the controversial relationship of interdependence and conflict between conservation of environment and protection of human rights.

scholarly journals Environment pollution: The rise of militarism and terrorism in the Niger Delta of Nigeria

2014 ◽  
pp. 1-11
Author(s):  
Christian Madubuko
Keyword(s):  
Environmental Justice ◽  
Niger Delta ◽  
Oil Exploration ◽  
Environmental Laws ◽  
Oil Companies ◽  
The People ◽  
Oil Pipelines ◽  
Primary Means ◽  
History Of ◽  
To Receive

Oil was discovered in large quantities in Nigeria in 1956 and exploration began in the same year. Before oil, agriculture and fishing had assured the Niger Delta people of a bright future. Since 1956, oil has been extracted from the Niger Delta with destructive consequences on the environment, bringing about environmental degradation and destruction of the people’s primary means of livelihood. Land and water were badly polluted, and the health of the people affected because of leaks from oil pipelines, gas flaring and acid rains. Several petitions and non-violent protests by Delta communities, women and youth against environmental destruction failed to receive attention. Rather, opposition to peaceful protests earned the people military invasions of their communities, clampdowns and jailings. The rise of militarism and terrorism in the Niger Delta was the result of the Federal Government and Oil Companies’ clampdown on non-violent protests for environmental justice in the Niger Delta. This paper discusses the history of oil exploration in the Niger Delta, oil laws, effects of oil exploration in the region, and the rise of militants and terrorists in the area. The paper uses the term, ‘environmental Justice’ to denote unfair treatment and destruction of the Delta environment resulting from oil exploration, non implementation and enforcement of environmental laws and regulations, and abuse of human rights.The paper suggests solutions for peace in the Niger Delta.

scholarly journals NÅR KULTUR SKAL „BEVARES" - perspektiver fra et vestindisk projekt

1996 ◽  
Author(s):  
Karen Fog Olwig
Keyword(s):  
Human Rights ◽  
Indigenous People ◽  
West Indian ◽  
Fourth World ◽  
The West ◽  
Research Project ◽  
Indigenous Status ◽  
Cultural Traditions ◽  
Anthropological Theory ◽  
The Caribbean

Karen Fog Olwig: When culture is to be „preserved“: perspectives from a West Indian research project At the same time as anthropology has begun to apply a more processual perspective to the study of culture as fluid and changing, many of the „fourth world“ peoples studied by anthropologists have become preoccupied with codifying their culture in the form of aboriginal, authentic traditions which can be preserved from change. This concem with cultural traditions is tied to the struggle for human rights by indigenous people. The concept of culture as unchanged traditions is not only in conflict with current anthropological thinking, it is also ill suited to the struggles of peoples who cannot claim this form of ancient indigenous status, but who nevertheless share with „fourth world“ peoples the same need to defend their cultural autonomy. Among this latter group is the people of the Caribbean, who are indigenous to Africa, but came to the islands as part of a process of colonization. This article is based upon a study of the difficulties faced by such a non-indigenous, but nevertheless „native“ community of several centuries standing, in their efforts to defend their cultural and economic autonomy. In the West Indian case modem anthropological theory and the population studied by anthropologists need not be in conflict.

scholarly journals How Oil Contracts Affect Human Rights

2018 ◽  
Vol 3 (4) ◽  
pp. 30
Author(s):  
Maria João Mimoso ◽  
Clara da Conceição de Sousa Alves ◽  
Diogo Filipe Dias Gonçalves
Keyword(s):  
Human Rights ◽  
Oil And Gas ◽  
Social Issues ◽  
Oil And Gas Industry ◽  
Gas Industry ◽  
Oil Companies ◽  
The Social ◽  
Oil Contracts ◽  
The 19Th Century ◽  
The Impact

Since the beginning of the 19th century, we have assisted major proliferation of the oil and gas industry. This phenomenon of exponential growth is due to the fact that oil companies hold the world’s oil monopoly on the extraction, processing and commercialization. Therefore, as being one of the most influential sectors in the world, is crucial to strictly regulate how oil and gas contracts concerns the potential environmental and social impacts arising from the conduct of petroleum operations and how such behavior affects the human rights. As a matter of fact, the social issues field is an emerging area, and despite such importance, oil contracts do not often deal with them in great detail, corresponding to an actual emptiness of the human rights provisions. In terms of responsibly, oil companies, have an inalienable obligation to ensure that their actions do not violate human rights or contribute for their violation. This study aims to trace a detailed analysis of the impact of the oil and gas agreements in human rights. In order to fully comprehend the deep effects of this industry, we will examine, in detail, numerous of published oil and gas agreements, as well as, decode which are the real standards and practices accepted by this industry. We will use a deductive and speculative reasoning. We will try to demonstrate how incipient and short protection is given to human rights and what responsible conducts must urgently be developed.

scholarly journals Critical Review of Indonesian Government Legal Policies on The Conversion of Protected Forests and Communal Lands of The Indigenous Batak People around Lake Toba

2019 ◽  
Vol 06 (03) ◽  
pp. 446-465
Author(s):  
Imamulhadi Imamulhadi ◽  
Nia Kurniati
Keyword(s):  
Human Rights ◽  
Indigenous People ◽  
Land Conversion ◽  
Indonesian Government ◽  
Protected Forests ◽  
Communal Lands ◽  
The Law ◽  
Legal Policies ◽  
Village Government ◽  
United Nation

The Development Plan of Sibisa Lake Toba Tourism Area as The National Strategic Area for Tourism by performing a land conversion on protected forests and communal lands had stirred up a problem dilemma regarding the resistance from indigenous people around Toba Lake. It is crucial to be questioned, whether the conversion policy of protected forests and communal lands by the Indonesian Government to develop Sibisa Danau Toba Tourism Area is in accordance with related laws and regulations? As the answer, it can be concluded that the mentioned policy opposes: Article 18b of the 1945 Constitution; Article 15 of the Law of 2009 Number 32 on Environmental Protection and Management; Presidential Regulation Number 81 of 2014 on The Spatial Planning of Lake Toba Area; The Law of 1999 Number 39 on Human Rights; The Law of 2016 Number 6 on Village Government, and lastly, the United Nation Declaration on Human Rights of Indigenous People (UNDHRIP).

scholarly journals Business and Human Rights in ASEAN: Lessons from the Palm Oil Sector in Malaysia

2019 ◽  
Vol 7 (1) ◽  
pp. 73
Author(s):  
Andika AB. Wahab
Keyword(s):  
Human Rights ◽  
Corporate Culture ◽  
Palm Oil ◽  
Action Plan ◽  
Scale Up ◽  
Member States ◽  
Oil Companies ◽  
Business And Human Rights ◽  
Asean Member ◽  
Guiding Principles

The release of the United Nations Guiding Principles on Business and Human Rights in 2011 aims to address gaps in human rights governance by setting a standard and corporate culture of respecting human rights. As part of the state responsibility to implement these guiding principles, some member states of the Association of Southeast Asian Nations (ASEAN) have already embarked preliminary steps towards establishing their respective National Action Plan on Business and Human rights (NAPBHR), while others are still lag behind. This article describes current development on business and human rights in the region. Drawing from the palm oil sector’s experience in Malaysia, this study aims to provide lessons for ASEAN member states to contemplate when developing their NAPBHR. In this article, I argue that while some large palm oil companies have shown modest progress in realizing their human rights obligation, challenges emerge in many forms including the lack of leadership, collaboration and ambition to steer and scale up industry transformation on human rights across supply chain. Equally important, challenges around certification scheme depict that it is not the only solution in persuading respect to human rights. Meaningful values transfer often overlooked in certification practice resulting in typical "ticking the audit box" exercise without understanding principles behind it. As such, the development of NAPBHR among the ASEAN member states should reflect on these reality and challenges.

scholarly journals Human Rights Anchored in Business: Practice and Challenges in the Palm Oil Sector in Malaysia

2019 ◽  
Vol 20 (1) ◽  
pp. 1-20
Author(s):  
Andika AB. Wahab
Keyword(s):  
Human Rights ◽  
Corporate Culture ◽  
Palm Oil ◽  
Business Practice ◽  
Oil Companies ◽  
Business And Human Rights ◽  
Oil Sector ◽  
Sustainability Standards ◽  
Direct Market ◽  
Market Pressure

The United Nations Guiding Principles on Business and Human Rights aims to address gaps in human rights governance by setting a standard and corporate culture of respecting human rights. In Malaysia, despite growing requirements for sustainable production, the palm oil sector has been implicated in various corporate human rights violations. This article discusses how do three public listed companies in the palm oil sector in Malaysia perform their obligation to respect human rights? This article argues that while large palm oil companies have shown modest progress in realizing their human rights obligation – the lack of regulatory framework, resources, direct market pressure and membership to sustainability standards continue to serve as critical challenges in compensating the gaps in human rights governance.

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