scholarly journals Tracing Histories of 'Black' Servants at Zwartkoppies Farm through Narratives

2021 ◽  
Vol 2 (2) ◽  
Author(s):  
Motsane Getrude Seabela
Keyword(s):  
Human Rights ◽  
Black People ◽  
Child Labour ◽  
Oral Histories ◽  
Research Project ◽  
Do So

The purpose of this study was to trace histories of black individuals who were employed at Zwartkoppies Farm by the Marks family. I refer to them as servants as they spent their lives serving the Markers. Although it is apparent that Sammy Marks had both white and black servants, little is known about the black servants. Here I also deal with the issue of child labour and forced removals and discuss how the colonial and apartheid laws were enablers in violating black people' s human rights. I do so within the context of oral histories provided through interviews with descendants of 'servants' conducted between August 2018 and March 2020. This study is part of a masters research project entitled " Un-Silencing Histories of Black 'Servants'at Zwartkoppies Farm: A Transition from the Sammy Marks House to the Sammy Marks Museum", (2020).

“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. 

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

The Challenge of Sustaining Peace

2018 ◽  
Author(s):  
Necla Tschirgi ◽  
Cedric de Coning
Keyword(s):  
Human Rights ◽  
Security Council ◽  
Original Design ◽  
Entire Spectrum ◽  
The World ◽  
Effective Instrument ◽  
International Peacebuilding ◽  
Do So

While demand for international peacebuilding assistance increases around the world, the UN’s Peacebuilding Architecture (PBA) remains a relatively weak player, for many reasons: its original design, uneasy relations between the Peacebuilding Commission and Security Council, turf battles within the UN system, and how UN peacebuilding is funded. This chapter examines the PBA’s operations since 2005, against the evolution of the peacebuilding field, and discusses how the PBA can be a more effective instrument in the UN’s new “sustaining peace” approach. To do so, it would have to become the intergovernmental anchor for that approach, without undermining the intent that “sustaining peace” be a system-wide responsibility, encompassing the entire spectrum of UN activities in peace, security, development, and human rights.

THE WIDENING GYRE: COUNTER-TERRORISM, HUMAN RIGHTS AND THE RULE OF LAW

2008 ◽  
Vol 67 (1) ◽  
pp. 69-91 ◽  
Author(s):  
Arthur Chaskalson
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
The Internet ◽  
The Rule Of Law ◽  
Counter Terrorism ◽  
Daunting Task ◽  
The Subject ◽  
Google Search ◽  
Is Value ◽  
Do So

There are two themes that recur in previous Sir David Williams lectures. First, that it is a considerable honour to be invited to give the lecture. Secondly, that it is a daunting task to do so in the presence of Sir David, particularly in a field in which he has expertise. Since that covers most of the law there is no escape from this dilemma. Let me then acknowledge the privilege of having been asked to give this year's lecture, and confess that it is with some trepidation that I do so. The subject, terrorism and human rights, is not exactly uncharted territory. When I looked into the internet for some guidance on what might be relevant to terrorism and human rights, the response to my Google search informed me that in .03 seconds 32,900,000 references had been found. This seemed to indicate that it was unlikely that I would be able to say anything that has not already been said. But there are some subjects that are of such importance that there is value in reminding ourselves of the issues that are at stake, and if necessary for that purpose, repeating what others have said. And it is with that in mind that I approach my chosen topic.

The Human Rights Obligations of un Peacekeepers

2016 ◽  
Vol 8 (4) ◽  
pp. 431-450
Author(s):  
Conor Foley
Keyword(s):  
Human Rights ◽  
Single Case ◽  
Use Of Force ◽  
Disciplinary Action ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
The Right ◽  
Do So

Over 100,000 un peacekeeping personnel are deployed on missions with authority from the Security Council, under Chapter vii of the un Charter, to use force to protect civilians. Nevertheless, they have repeatedly failed to do so and yet there does not appear to be a single case where the un has taken disciplinary action against senior staff for failing to act in line with a mission mandate in this regard. This article argues that the ´positive´ and ´negative´ obligations of international human rights law, protecting the right to life and physical integrity, provide the most appropriate guidance to the tactical use of force by un peacekeeping soldiers. Mechanisms also need to be created to improve the accountability of un missions to those that they are responsible for protecting.

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 Análise crítica da teoria dos direitos humanos na obra de Michel Villey

2019 ◽  
Vol 1 (40) ◽  
Author(s):  
Gustavo Rabay Guerra ◽  
Henrique Jerônimo Bezerra Marcos
Keyword(s):  
Human Rights ◽  
General Theory ◽  
John Locke ◽  
Thomas Hobbes ◽  
Christian Wolff ◽  
Legal Norms ◽  
The Creation ◽  
The Given ◽  
Intrinsic Contradiction ◽  
Do So

RESUMOEste artigo tem por objeto a Teoria dos Direitos Humanos em Michel Villey. Seu objetivo é apresentar uma contestação à alegação de Michel Villey de que os direitos humanos não podem ser considerados Direito. Para tanto, realiza uma apresentação da Teoria dos Direitos Humanos em Michel Villey, passando pela criação dos direitos humanos em Thomas Hobbes, a inversão de objetivos dos direitos humanos em John Locke e a expansão dos direitos humanos em Christian Wolff. Em seguida passa a apresentar a crítica de Michel Villey aos direitos humanos e as falhas deste autor ao realizar suas acusações, haja vista a possibilidade de solução das contradições (colisões) entre os direitos humanos, além de que não se pode confundir o critério de validade da norma com sua eficácia. O trabalho conclui pela juridicidade dos direitos humanos ao demonstrar que a suposta contradição não seria razão para retirar esta qualidade.PALAVRAS-CHAVEFilosofia do Direito. Direitos Humanos. Michel Villey. ABSTRACTThe present work deals with the General Theory of Human Rights in Michel Villey. Its purpose is to present a challenge to Michel Villeys’ claim that human rights are not legal norms. To do so, the text presents the General Theory of Human Rights in Michel Villey, including the creation of human rights by Thomas Hobbes, the changing perspective attributed to John Locke and the numerical expansion of human rights attributed to Christian Wolff. The text then presents Michel Villeys’ critics of human rights and the problems with those critics; specifically, that the given conflicts between norms aren’t sufficient to declare that they aren’t legal norms, other than that, the text points that in his critics Michel Villey confuses the concepts of validity of the norm with its effectiveness. The work concludes that human rights are legal norms and its supposed intrinsic contradiction is not sufficient to withdraw this quality.KEYWORDSPhilosophy of Law. Human Rights. Michel Villey.

scholarly journals Mekanisme Komisi Pemberantasan Korupsi dalam Proses Penyadapan dilihat dari Perspektif Hak Asasi Manusia (HAM)

JURNAL BELO ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 74-85
Author(s):  
Jennifer Ingelyne Nussy
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Human Dignity ◽  
Privacy Rights ◽  
The Law ◽  
The Government ◽  
Investigation Process ◽  
Do So

ABSTRACT Recognition and protection of a guarantee of human dignity to earn a respectable place in the eyes of the law and government. Related to the interests of law enforcement, the Corruption Eradication Commission (KPK) for the purpose of wiretapping evidence in court, while will protecting the privacyrights of suspects. Legal protections for the accused to be seen as matter of law adopted. Therefore, the protection of the privacy rights of a person to be seen in the investigation process. For the Commission to conduct wiretaps should see privacy rights as stipulated in the law and the government should establish a special set of rules that intercepts, thus providing the possibility for law enforcement has the authority to do so does not conflict with human rights.

scholarly journals Direitos humanos, descolonialismo e a contribuição brasileira para (re)interpretação dos conceitos de asilo e de refúgio

2019 ◽  
Vol 42 (2) ◽  
pp. 141-155
Author(s):  
Eduardo Biacchi Gomes ◽  
Ane Elise Brandalise Gonçalves
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Point Of View ◽  
American System ◽  
Brazilian Legislation ◽  
Protection Of Human Rights ◽  
Current Context ◽  
America Latina ◽  
Do So

O presente artigo tem por fim analisar, sob a ótica do descolonialismo, os avanços da legislação brasileira em relação aos critérios para concessão do asilo. Para tanto, parte-se do próprio conceito de descolonialismo e a sua aplicabilidade dentro do contexto atual para construção dos Direitos Humanos na América Latina, de forma a cotejar com a nova legislação brasileira em relação aos critérios para fins de concessão de asilo e de refúgio. Por fim, de forma a demonstrar a importância do tema frente ao Sistema Interamericano de Proteção aos Direitos Humanos, questionar-se-á quanto a possibilidade de referidos temas serem analisados por parte da Corte Interamericana de Direitos Humanos (Corte IDH). Abstract: The purpose of this article is to analyze, from the point of view of decolonialism, the advances of Brazilian legislation in relation to the criteria for granting asylum. In order to do so, it is based on the very concept of decolonialism and its applicability within the current context for the construction of Human Rights in Latin America, in order to compare with the new Brazilian legislation in relation to the criteria for granting asylum and refuge. Finally, in order to demonstrate the importance of the issue in the Inter-American System for the Protection of Human Rights, it will be questioned whether the above-mentioned issues can be analyzed by the Inter-American Court of Human Rights.

scholarly journals Subjects of the Right to Appeal to the Court in Cases of Recognition of Inheritance as Escheat

2021 ◽  
pp. 70-94
Author(s):  
Nadiia BONDARENKO-ZELINSKA ◽  
Maryna BORYSLAVSKA ◽  
Oksana TRACH
Keyword(s):  
Human Rights ◽  
The Public ◽  
Scientific Analysis ◽  
The Status ◽  
Land User ◽  
Legitimate Interests ◽  
The Subject ◽  
Government Body ◽  
The Right ◽  
Do So

The article explores certain problems of law enforcement practice in recognizing inheritance as escheat. The subject of scientific analysis is the subject composition of these procedural relations. Applicants in this category of cases can be conditionally divided into two groups: 1) persons obliged to submit an application to the court for recognition of the inheritance as escheat, and 2) persons who have the right to do so. The persons who are obliged to apply to the court for recognition of the inheritance as escheat are territorial communities. On the basis of an analysis of the legislation, it was established that in the case where a united territorial community was formed in a certain territory, it is authorized to apply to the court for recognition of the inheritance as escheat. On behalf of the local self-government body as a representative of the territorial community (united territorial community), a lawsuit may be initiated to recognize the inheritance as escheat: 1)by its headman or 2) another person authorized to do so according to the law, statute, regulation, employment contract. That is, there can be both self-representation and representation on the basis of a special assignment. It received additional justification for the ability of the prosecutor’s office to submit an application for recognition of the inheritance as escheat in the absence of a territorial community. In such a case, the public prosecutor's office shall represent the legitimate interests of the State in court, in accordance with article 56 of the Code of Criminal Procedure, as a body or person entitled to defend the rights, freedoms and interests of others (human rights defender). The possibility of participating not only as an applicant but also as a human rights defender is justified. The possibility of self-representation of local self-governments in cases of recognition of inheritance as escheat by a headman is proposed. It is further argued that such a possibility should be provided for in the Headman’s Regulations, which are approved by the relevant local councils. The peculiarities of initiation of production by subjects for whom the application to the court for recognition of the inheritance as escheat is a right, not an obligation (creditors of the testator, owners and/or users of adjacent land plots) are analyzed. If an applicant in cases of recognition of the inheritance as escheat is a creditor, documents confirming the existing obligations in relation to the debtor-testator should be attached to the application. Recommendations are made on a list of documents that can confirm the status of an applicant-related land user to apply to the court for recognition of the inheritance as escheat. It is proposed to amend Art. 335 CPC of Ukraine on the necessity to provide the originals of written evidence together with a statement on the recognition of the inheritance as escheat. The role of a notary in cases of recognition of inheritance as escheat has been investigated. It is proposed to provide in the legislation the right of a notary to submit to the court an application for recognition of the inheritance as escheat. It is proposed to improve the way of informing the public about the discovery of an inheritance that has no heirs.

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