scholarly journals A Critique of Civil Society: The African Experience

2020 ◽  
Vol 2 (1) ◽  
pp. 12-19
Author(s):  
Gregory Ebalu Ogbenika ◽  
Daniel Omondiale
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Collective Action ◽  
African Experience ◽  
The Future ◽  
The Status ◽  
Democratic Principles ◽  
The Many ◽  
Political Governance

The recent emphasis on civil society in Africa is a result of the many years of autocratic and dictatorial rule which have resulted in the oppression and neglect of the people’s participation in politics. Therefore, the presence of viral civil society is a pre-condition and a necessity in the whole democratization process. These groups have been major actors in the fight against abuse of human rights, corruption, and misrule. They are veritable instruments for the development and promotion of dialogue among communities for collective action. They also provide platforms to articulate demands and voice concerns at local, national, regional, and international levels. Consequently, no progress in governance will be made without a viral civil society because civil society continues to be engines of democracy. They play myriads of roles in the enthronement of genuine democratic principles and structures which can bring about stable political governance in the scheme of things. Therefore, with particular reference to the Nigerian experience, this paper examines the status of civil society in Africa today and its prospects for the future.

Reforming the Role of the African Commission on Human and Peoples’ Rights in Advancing Democratic Principles and Human Rights in African Countries: An Examination Using the Lens of Swaziland/ eSwatini

2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Jeremy Sarkin
Keyword(s):  
Human Rights ◽  
African Countries ◽  
Individual Country ◽  
The Status ◽  
Effective Role ◽  
Limited Compliance ◽  
Fact Finding ◽  
Democratic Principles ◽  
African Commission

This article explores the role of the African Commission on Human and Peoples’ Rights and the role it plays regarding human rights in individual country situations in Africa. It specifically examines the extent to which it has been able to advance a human rights agenda in countries with long-standing human rights problems. The article uses Swaziland/ eSwatini as a lens to examine the matter, because of the longstanding problems that exist in that country. This is done to indicate how the institution works over time on a country’s human rights problems. The article examines a range of institutional structural matters to establish how these issues affect the role of the Commission in its work. The article examines the way in which the Commission uses its various tools, including its communications, the state reporting processes, fact-finding visits, and resolutions, to determine whether those tools are being used effectively. The article examines how the Commission’s processes issues also affect it work. Issues examined negatively affecting the Commission are examined, including problems with the status of its resolutions and communications, limited compliance with its outcomes, and inadequate state cooperation. Reforms necessary to enhance to role and functions of the Commission are surveyed to determine how the institution could become more effective. The African Union’s (AU|) Kagame Report on AU reform is briefly reviewed to examine the limited view and focus of AU reform processes and why AU reform ought to focus on enhancing human rights compliance. The article makes various suggestions on necessary institutional reforms but also as far as the African Commission’s procedures and methods of work to allow it to have a far more effective role in the promotion and protection of human rights on the continent. It is noted that political will by the AU and African states is the largest obstacle to giving the Commission the necessary independence, support and assistance that it needs to play the role in Africa that it should.

scholarly journals Impact of a Growing Population on Natural Resources: The Challenge for Environmental Management

1997 ◽  
Vol 3 (1) ◽  
pp. 105-131 ◽  
Author(s):  
David Pimentel ◽  
X. Huang ◽  
A. Codova ◽  
M. Pimentel
Keyword(s):  
Environmental Management ◽  
Natural Resources ◽  
Carrying Capacity ◽  
Living Conditions ◽  
Environmental Resources ◽  
The Future ◽  
The Status ◽  
The Many ◽  
Growing Population

The food situation worldwide is becoming critical. At present, more than 2 billion humans are malnourished and experience unhealthy living conditions (FAO, 1992a,b; Neisheim, 1993; McMichael, 1993; Maberly, 1994; Bouis, 1995). The number of humans who also are diseased is the largest number ever, and about 40,000 children die each day from disease and malnutrition (Kutzner, 1991; Tribe, 1994).  The many problems that are now evident emphasize the urgent need to reassess the status of environmental resources. Based on the evidence, definitive plans must be developed to improve environmental management now and for the future. Of major importance is the limiting and slow reduction of human numbers to better balance the carrying capacity of the earth's natural resources. 

Human Rights and the Arctic

2009 ◽  
Vol 1 (1) ◽  
pp. 233-243
Author(s):  
Gudmundur Alfredsson
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
The Arctic ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Independent State ◽  
The Status ◽  
Recent Developments ◽  
The Many ◽  
The Right

Abstract This article surveys some of the many international human rights law issues that come up in connection with the Arctic, such as the rights of indigenous peoples and the formulation of these rights in a draft Nordic Sami Convention. The focus, however, is on recent developments concerning the status of Greenland as a result of an agreement concluded in 2008 between the Danish and Greenlandic authorities. This agreement foresees not only a significant increase in self-government but also opens the door for the Greenlandic people to create an independent State through the exercise of the right to external self-determination as a matter of political decolonisation of an overseas colonial territory.

The Human Rights Treaty Body System

2019 ◽  
pp. 376-396
Author(s):  
Jane Connors
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Body System ◽  
System P ◽  
Treaty Body ◽  
The Many

This chapter provides an overview of the human rights treaty bodies, including their composition, and the tools they have to encourage states parties to implement their treaty obligations fully. It also traces the development of their working methods relating to reporting, petitions and inquiries, and interface with stakeholders, such as civil society and UN entities. The discussion includes analysis of the composition of the treaty bodies that do this work, their competence to oversee core treaties, and the ways treaty bodies strengthen the human rights treaty body system. Finally, the chapter also touches on the many initiatives that have been launched to strengthen the treaty bodies and create an aligned human rights treaty body system.

scholarly journals Between Human Rights and Justice Principle in Children’s Civil Rights

MELINTAS ◽  
2017 ◽  
Vol 32 (2) ◽  
pp. 132
Author(s):  
Wurianalya Maria Novenanty
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Civil Law ◽  
Future Generation ◽  
Constitutional Court ◽  
Illegitimate Child ◽  
The Future ◽  
The Status ◽  
Status Difference ◽  
The Right

Children’s rights are fundamental in a country. Children are the future generation of a country. They have rights in civil law field. The examples of such rights are the right to have family name, the right to get alimony, and the right to get inheritance from the parents. Indonesian Law Number 1 of 1974 regarding Marriage (Marriage Law) distinguishes the civil rights of legitimate and illegitimate children. In 2010, the Indonesian Constitutional Court produced a decision which became a controversial decision because it was deemed to ‘legalize’ illegitimate child to have the same rights as legitimate child. The reason behind such decision is the human rights which should apply nondiscriminative principle. Some parties disagree with the reasoning behind this decision. They consider the decision unjust and that it violates social and religious norms in giving illegitimate and legitimate children the same rights in spite of the status difference. The author will discuss children’s civil rights based on civil law, human rights, and justice principle in Indonesia.

Les relations Belgo-Africaines en 1991: A la recherche d'une diplomatie des droits de l'homme ?

Res Publica ◽  
1970 ◽  
Vol 34 (3-4) ◽  
pp. 439-451
Author(s):  
Jean-Claude Willame
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Civil Society ◽  
Good Governance ◽  
Foreign Affairs ◽  
Slow Process ◽  
The Future ◽  
The U.S

The implementation of a diplomacy that could put more emphasis on democracy and human rights was not an easy process in Belgium. Treatment of these matters have taken a different perspective in Zaïre, Rwanda and Burundi, Belgium 's three most important African partners.  Reasons for that are twofold. Fore one thing, the Belgian foreign affairs service has always been overloaded by mercantile preoccupations. Secondly, knowledge on Africa has been limited to short circle diplomatic contacts while no instruments were ever implemented that could have ensured some following up of the African civil society at large.In the future, the continuation for a slow process of disengagement might be foreseable. New "partners" might come to the forefront such as South Africa while the U.S. and international financial organisations will definitely try to impose "good governance" together with a reasonable dose of human rights.

scholarly journals Tantangan kontemporer organisasi masyarakat sipil dalam gerakan hak asasi manusia

2009 ◽  
Vol 6 (1) ◽  
Author(s):  
Halili Halili
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Significant Role ◽  
Civil Society Organizations ◽  
The Other ◽  
State Sovereignty ◽  
Future Challenge ◽  
The Past ◽  
The Future ◽  
New Challenges

Civil Society Organizations play a significant role in movement of human rights. CSO's face shifting contemporary challenges, namelY, betrayal against values of human rights and weaknesses of state sovereignty. These new challenges strive for CSO's to conduct some action in two ways: retrospective paradigm and prospective one. In one hand, they should do war against forget in the past viola­tions of human rights. In the other hand, tbey have to respond progressivelY the future challenge of human rights.

scholarly journals Theorizing Democracy in a Pandemic

2020 ◽  
Vol 7 (2) ◽  
pp. 134-142
Author(s):  
Peter Levine
Keyword(s):  
Civil Society ◽  
Collective Action ◽  
Martin Luther ◽  
Economic Recession ◽  
Prophetic Voice ◽  
The Future ◽  
Martin Luther King

The COVID-19 pandemic raises questions about the future of democracy and civil society. Some recent predictions seem to use the suffering to score points in ongoing political arguments. As a better example of how to describe the future during a crisis, I cite the prophetic voice of Martin Luther King, Jr. King does not merely predict: he calls for action, joins the action, and makes himself responsible for its success or failure. With these cautions about prediction in mind, I venture two that may guide immediate responses. First, communities may erect or strengthen unjustifiable barriers to outsiders, because boundaries enhance collective action. Second, although the pandemic may not directly change civic behavior, an economic recession will bankrupt some organizations through which people engage.

Intellectual Property and Human Rights

2017 ◽  
Author(s):  
Laurence R. Helfer
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Intellectual Property ◽  
Rapid Expansion ◽  
Ip Protection ◽  
International Courts ◽  
The Future ◽  
Legal Regimes ◽  
Multilateral Treaties

This chapter provides an overview of the contested and evolving relationship between the international legal regimes governing human rights and intellectual property (IP). The chapter discusses how, prior to the mid-1990s, human rights and IP existed as distinct legal and policy domains. It then reviews the next five years, which were characterized by a rapid expansion of IP protection in treaties and national laws. Next, it explores the backlashes against that expansion and the growing awareness that strong IP protection could undermine human rights, events that occurred between 2000 to 2010. Lastly, it illustrates recent attempts to codify ceilings on IP protection in multilateral treaties, and the invocation of human rights in IP litigation before national, regional, and international courts and tribunals. The chapter concludes by identifying three aspects of the IP-human rights interface likely to occupy the attention of governments, civil society groups, and scholars in the future.

Locke and Hutcheson: Indians, Vagabonds and Drones

2018 ◽  
Author(s):  
Laura Brace
Keyword(s):  
Seventeenth Century ◽  
Civil Society ◽  
Native Americans ◽  
Historical Process ◽  
Francis Hutcheson ◽  
Personal Involvement ◽  
Race And Racialization ◽  
The Status ◽  
The Caribbean ◽  
The Many

This chapter focuses on Locke, and on the question of how we give slavery a history and think about it as a political relation. It investigates the colonial reading of Locke, his personal involvement in the slave trade and the connections between slavery and civil society. It argues that Locke’s justification of limited slavery needs to be linked to his view of civil society and the state of nature. This helps to explain the Carolinian context of his theory of slavery and the ways in which Native Americans were understood to stand outside the polite and civil world, unable to cultivate their land or their reason. The chapter develops the book’s argument that there are many different kinds of slaveries, rather than one transhistorical pattern. It looks in particular at the scheme for enslaving the English poor put forward by Francis Hutcheson in 1755, and at the status of vagabonds and begging drones. What did it mean to argue that the few were enslavable for the good of the many? The chapter explores the differences between the enslavement of the English poor and slavery in the Caribbean and the salience of race and racialization in understanding seventeenth-century slavery as a historical process and a political relation.

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