Even the bare acknowledgement that these rights are fundamental defeats the fact that it can take second place. Yes, different measures may be taken in cases of emergency to realize those rights, but not to state that they take second place. A group that is wiped out because of perception of national security makes great mockery of the rights concept. Humanrights do not disappear because of the existence of insecurity, some of them may be restricted, so that in the long-run, all will be realized. The Commission felt that self-determination may be exercised in any of the following ways: independence, self government, local government, federation, confederalism, unitarism or any other form of relation that accords with the wishes of the people but fully cognizant of other recognized principles such as sovereignty and territorial integrity.
This holistic and trans-generational aspect of land rights for Indigenous peoples is also reflected in the International Labour Organisation (ILO) approach to Indigenous peoples’ rights. The ILO Convention No. 169 affirms that in applying the convention ‘governments shall respect the special importance for the cultures and spiritual values of the peoples concerned of their relationship with the lands or territories, or both as applicable, which they occupy or otherwise use, and in particular the collective aspects of this relationship.’(ILO Convention 169, Article 13) Likewise, the World Bank, which has adopted special procedures for projects impacting on Indigenous peoples, also ‘recognizes that the identities and cultures of Indigenous Peoples are inextricably linked to the lands on which they live and the natural resources on which they depend.’ (World Bank OP 4.10, 2005) The World Bank policy draws attention to the fact that Indigenous peoples’ rights over their traditional territories are linked to their identities and cultures. More recently, the AfricanCommission on Human and Peoples’ Rights (ACHPR) has also insisted on the need to acknowledge Indigenous peoples’ specific attachment to a territory as an essential marker of identification. One of three criteria used by the ACHPR is ‘a special attachment to and use of their
Theme one: the prison environment for young people Overcrowding, unhygienic conditions and poor sanitation Most penal institutions in SSA were reportedly built in the pre-colonial era and are still failing to meet even the most basic minimum standards for adults, with young people equally disadvantaged, and a significant shortfall in meeting international standards for juvenile detention. [38–42]. Incarceration conditions within countries were reported by the 2017 United States Department of State Bureau of Democracy, HumanRights and Labor to vary significantly [43–45]. Annual reports in 16 SSA coun- tries (Central African Republic, Mali, Guinea Bissau, Comoros, Democratic Republic of Congo, Côte d’Ivoire, Equatorial Guinea, Gabon, Madagascar, Mauritania, Rwanda, Sao Tome and Principe, Senegal, Sierra Leon; Tanzania, Togo and Cape Verde) by the Department of State from 2012 to 2017 reported on harsh penal condi- tions described as potentially life threatening for young people [40–42, 44–57]. Official missions by the Special Rapporteur on Prisons, Conditions of Detention in Africa (referred to hereinafter as the Special Rapporteur) of the AfricanCommission on Human and Peoples’ Rights (ACHPR) in Namibia, Uganda, Mozambique, Malawi, Cameroon and Ethiopia in the years 2001, 2002 and 2004 reported on poor penal conditions for detained and incarcerated young people, and underscored con- cern that young people endure the same inhuman and Table 2 Search Terms and Strategy
Unlike the Serengeti decision, or the decision of the ECOWAS Court of Justice and the AfricanCommission on Human and PeoplesRights with regard to the Niger Delta, these national court decisions did not directly raise questions of violations of sub-regional, regional, or international law. Thus a major advantage of international courts is their ability to test the legality of mega- development projects against rules of international law generally and international environmental law in particular. Finally, it is also quite clear that the two national court decisions from Kenya and Zambia discussed above were, like the Serengeti case, predicated on potential environmental harm. Plaintiffs, as we have seen, have a harder time prevailing in such cases. By contrast, the cases arising from the Niger Delta where environmental harm is very evident and occurred in the past or is continuing, the AfricanCommission on Human and PeoplesRights as well as the ECOWAS Court of Justice had no hesitation issuing decisions against the government of Nigeria. A major hurdle that litigants who bring these suits face in international courts is their inability to entertain suits against corporate actors. However, national courts much more easily fill
Arabic and Islamic community was essential to Gaddafi. Compare: Mary-Jane Deeb, Libya’s Foreign Policy in North Africa, Oxford 1991, p. 12. His international isolation after the murderous Lockerbie incident led to the fact that he showed himself to be much more conciliatory vis-à-vis western countries and at the same time intensified relations with Arabic and African states. Compare: Birgit Jagusch, Mephisto auf Versöhnungskurs? Libysche Außenpolitik unter Gaddafi, in: BDIP 46 (2001), pp. 1483-1490, 1485. Compare also the illustrative article “Libyen will wieder in die internationale Staatengemeinschaft zurückkehren” in the FAZ from 29.07.1999, p. 3. The fact that Gaddafi turned more strongly towards Africa – contrary to his former priority – may well lie in the fact that he found more support for his concerns there. For instance, the OAU summit conference from 1998 called into question the legality of the Lockerbie proceedings from Camp Van Zeist and called for the immediate lifting of the UN sanctions; compare: AHG/Dec.127 (XXXIV). The fifth extraordinary summit conference in Sirte repeated this and furthermore resolved to establish a commission which was supposed to examine the legality of the proceedings, EAHG/Dec. 3 (V). However, nothing is known to date about the formation of such a commission. A virtually complaisant hymn of praise to Gadaffi was adopted at the same conference — a “Special Motion of Thanks to the Leader of the Great Socialist Libyan Arab Jamahiriya Brother Muammar Al Ghaddafi” (EAHG/Dec. 4 (V)), in which the heads of Government also declare “that any act aimed at destabilizing and undermining the Libyan Arab Jamahiriya constitutes an affront to the collective aspiration of Africa and Africanpeoples towards the attainment of self esteem, dignity and independence.” (Ibid. Para. 3). Even the AfricanCommission of HumanRights did not abstain from a laudatory opinion to the benefit of Gaddafi: In a “Resolution on the Immediate Lifting of Sanctions Imposed on Libya” from 7 May 2001 the commission showed themselves to be convinced “that the Government of Libya has fully complied with the resolutions of the United Nations” (Preamble Section II). Therefore the commission called on the Security Council and the United Nations to lift the sanctions against Libya (operative Section II); compare: AHG/229/XXXVII.
The Charter has been hailed as a unique humanrights instruments (Mutua, 1995). The Charter, it is argued, responds to “African concerns, African tradi- tions and African conditions” (Boven, 1986). The Charter is one of the few hu- man rights instruments that combines the first-generation rights, that is civil and political rights, and the second general rights, that is economic, social and cultural rights (ESCRs), in a single document, and both these generations of rights are made justiciable. The Charter is one of the foremost binding interna- tional humanrights instruments to have directly incorporated the concept of peoples’ rights, solidarity rights or collective rights (Kiwanuka, 1988). Articles 19 to 24 of the Charter guarantee peoples’ rights to right to equality, existence, free disposal of wealth and natural resources, rights to development, peace and secu- rity as well as a right to a generally satisfactory environment. Unlike some inter- national humanrights treaties, provisions of the Charter cannot be derogated from even during national emergencies ( Commission nationale des droits de l’Homme et des libertés v Chad ). 5
for Democratic Rights (PUDR), Delhi. 3 On perusal of the report from the Government of NCTD, and also the report of the PUDR, the NHRC directed the Government to explain as to why the woman was detained at the police station for the night, how it was that there was no supporting entry for her detention at the police station, and what steps had been taken or were proposed to be taken to ensure that women were not called to and detained at the police station for investigation, particularly at night. The NHRC took serious note to the persistence of such practices, notwithstanding the decision of the Supreme Court in the case of Nandini Satpathi v. State of Orissa. The Government of NCTD subsequently reported that there had been a lapse on the part of the duty officers both at Police Station for not recording the victim‟s presence at the police station and also for not informing her family members of her whereabouts. Departmental
The procedure may, however, be criticized for the imbalance of powers created by the nature of the dispute and the identity of the parties (Standaert, 1999). Most times, third parties such as civil society organizations are excluded from the process of friendly settlement between the representatives of the vic- tims and the state. There is also the concern that government may be “paying off” victims or “buying” their way out of a finding of violation. The friendly set- tlement procedure generally may prevent the growth of legal jurisprudence, thus reducing the full impact of litigation. For instance, a public interest litigation is usually instituted not only because of the immediate interests of the parties con- cerned but for all potential litigants at present and in the nearest future. The value of the legal jurisprudence that comes from judgments of judicial bodies cannot therefore, be understated. The bottom-line is that not every kind of case may be resolved through the friendly settlement procedure. There are situations the procedure may be inappropriate and detrimental to the interests of the par- ties (Standaert, 1999). Yet another shortcoming of the friendly settlement pro- cedure is that it does not imply an acknowledgment of wrongdoing by govern- ment unless the wrongdoing is expressly acknowledged in the settlement agree- ment. From a broader societal point of view, the friendly settlement procedure may undermine the society’s right to know the truth. While friendly settlement is by far not a perfect procedure, it provides a sense of self-empowerment to par- ties and moves away from the notion that blindly complying with the purist ideas of punishment is the only way to serve the interest of victims of humanrights violations. Despite its shortcomings, the amicable settlement procedure has gained popularity in the European and the Inter-American humanrights systems mainly (Keller et al. , 2010).
The period of early childhood development is at once one of the most crucial and most vulnerable stages of an individual’ s life. Myriad influences threaten loss of early developmental potential, manifesting as immediate or delayed health, educational and economic consequences. Factors limiting development during early childhood thus constitute humanrights violations insofar as they constrain individuals’ ability to exercise their internation- ally recognized humanrights to health, education and economic prosperity at any time in life. What is worse, the propagation of these risk factors in communities con- demns future generations to similar circumstances. In- novative and integrated strategies based upon proven methods of expanded care delivery—such as Rwanda’s massively successful CHW program and the involvement of locally elected women in promoting appropriate practices—must be carefully considered by policy- makers developing national plans to realize ECD as a right, and to create supportive systems that allow chil- dren and communities to exercise this right. We there- fore call upon Rwanda, and all nations suffering from similar losses of developmental potential, to recognize and ensure the right of all to maximal development during early childhood.
psychological costs of nonconformity (such as dissonance associated with conduct that is inconsistent with an actor’s identity or social roles) and social-psychological benefits of conforming to group norms and expectations (such as cognitive comfort). 156 External pressures include the imposition of social-psychological costs though naming and shaming and the conferral of social-psychological benefits through displays of public approval. 157 Therefore, as these scholars argue, states adopt practically irrelevant legal and institutional models into their domestic systems without seriously assessing their implications as they are often acculturated and mimic the preferred community of states. State socialisation theory focuses on identifying a social mechanism through which humanrights norms are adopted domestically. Thus, the theory explains a little about domestic processes occurring in response to thereby adopted norms. Goodman and Jinks argue that, since international norms are adopted in the domestic legal order through acculturation, they often create an implementation gap between commitment and practice. 158 Nonetheless, as they predict, such a gap will narrow over time. Drawing on theories of political science and sociology, Goodman and Jinks point out three potential ways that adopted humanrights norms and institutions could eventually change domestic contexts. First, these scholars agree with the claims of domestic political mobilisation and transnational activist network theories, and argue that officially adopted models affect domestic political opportunity structures that prompt a citizen’s political mobilisation. 159 Second, Goodman and Jinks see that the domesticated institutions may learn the proper functionalities over time 160
Dafinger A. , Pelican, M., Land rights and the politics of integration: pastoralists strategies in a comparative view, Max Planck Institute for Social Anthropology, Working Paper nº 48, Halle; Traore, problems in pastoral land management related to tenure: policies versus basic practice, managing land tenure and resource access in west Africa, ed. Gret and Lled, proceedings of a workshop held Goree, Senegal.; Salzman, P.C.:, Afterword: reflection on the pastoral land crisis”, NOMADIC PEOPLES, vol 34/35 (1994) at 159-163.; Mc Carthy, N. Swallow, Brent, Kirk, Michael, Hazell, Peter: Property rights, risks and livestock development in Africa, IFRI, 2000. Flintan, Fiona: The political economy of land reform in pastoral areas: lessons from Africa, implications for Ethiopia, paper presented at the international conference on the future of pastoralism, 21-23 march 2011, University of Sussex.; Bertrand Bonnet Dominique Hérault, gouvernance du foncier pastoral et changement climatique au Sahel, Land Tenure Journal, Fao, 2, (2011), at.
TCs have their origin in Latin America in the early 1980s in the transitions from authoritarian regimes to democratic states. Argentina´s National Commission on the Disappearance of Persons (Spanish: Comisión Nacional sobre la Desaparición de Personas, CONADEP) was one of the first TCs and served as a role model for the entire region. CONADEP was able to achieve accountability for the crimes of the past and to issue reports, which became publicly known. The revelation of the truth streamlined redress for victim’s families in the country. Since this initial TCs, they “have become a staple of post conflict peace building efforts“ (Brahm, 2007) and are entitled as adequate, valuable tool “to balance demands for accountability for past humanrights abuses”. Today, mainly a result of the most prominent TC, the South African Truth and Reconciliation Commission (TRC) which was established in 1995 to address the humanrights violations during apartheid, they generally employ public hearings for victims as well as institutional and thematic hearings. Some TCs even moved beyond the traditional focus on political and civil rights and addressed more socioeconomic debates within post-conflict societies. Liberia´s TC has addressed economic crimes in its mandate and Kenya has focused in its recent Truth, Justice and Reconciliation Commission besides humanrights violations economic crimes and the issues of land. Moreover, a trend can be observed that TCs try to incorporate rather local justice and reconciliation processes in order to enhance the impact and importance of their work among the local population.
At the outset, it should be noted that, as discussed in section 2.1 above, the Declaration is the culmination of a long and complex political and normative process. Over this extended period, the drafters could take into account and merge together the diverse legal standards related to indigenous peoples’ rights which had been, and were being, elaborated by different international, regional and national bodies. 34 In a sense, therefore, the Declaration did not create a new legal framework, but simply further elaborated on and crystallized one. Looking more specifically at the content of the document, there is a strong connection between its provisions and existing law. For example, a number of rights enshrined in the Declaration have already been accepted both under general international law, e.g., the right not to be subjected to any act of genocide (Article 7 of the UNDRIP), and the minority rights regime, e.g., the right of a group to practice its own cultural traditions and customs (Article 11), and the right to public participation (Article 18). 35 It is true, however, that some provisions of the Declaration have stretched existing legal standards, including, for example, those concerning self-determination, and, to certain extents, land rights. Nevertheless, these developments have received widespread support by various judicial and quasi-judicial bodies of both international and regional
Most of the class vehemently disagreed with his conclusion and went back to the UDHR’s basic definition of human and other religious and secular definitions. Unconvinced, the presenter argued that whites all over the world enjoyed and continued to enjoy “too much safety and privilege”. At that point, a white female student who lived in a farming area where farm attacks were common, challenged the claim that whites enjoyed “too much safety” by citing violent crimes including murder, that were being committed against white farmers. She argued that the attacks were racial in nature and were a serious humanrights issue to which the government paid scant attention, especially after disbanding Commandos that used to effectively defend the farmers. The Africanist said white farmers were victims of crime like everybody else in South Africa; crime in general had to be fought as it affected everybody and not only a “special” group. A very emotional debate ensued. The white student asked the “Africanist” if he knew what it was like to live on a farm, knowing any day might be his last, to which the latter asked if she knew what it was like to live with the everyday violence of the township all her life. Then came accusations and counter-accusations of racism, raised voices, tears of anger and frustration until I asked for time out during which we would be quiet for two minutes, catch our breath and remember to be respectful towards each other. When we resumed, we had a calmer discussion on the relationship between humanism, race and racism, power, and privilege.
___________________________________________________________ Australia’s latest policy approach to asylum seekers who arrive by boat, Operation Sovereign Borders, shifts the humanrights focusfrom Australia’s own asylum seeker assessment and resettlement processes towards the humanrights safeguards Australia has put in place under its offshore regime. An examination of these safeguards suggests a deterioration in Australia’s commitment to meet its humanrights obligations to this group of people.
Since 2018, Ethiopia is the leading country, with more than two million numbers of internally displaced peoples (IDP) from different parts of the country. Public demonstrations began around 2016 in Oromia and Amhara regional states are continued which pave the way for ethnic clashes and atrocities, and this worsen the situation of humanrights in the country. It is difficult to get information about the situation of humanrights in Ethiopia. The incumbent government threatened local civil societies and denied access to information for international human right organizations. The objective of this paper is to assess the challenges and opportunities of the Ethiopian Human Right Commission in its role of promoting and protection of humanrights. To do so, data was mainly collected from secondary sources, like books, articles, reports, newspapers and research outputs. Qualitative data analysis, document analysis and interpretation were employed. The findings show that the Commission is marred by political influences, less accessibility, limited awareness of people towards humanrights, poor culture of respect for humanrights, lack of democratic tradition and good governance, weak institutions like the media and the tighten rule governs civil societies, are among the major hurdles limiting the effectiveness of the Commission. Ethiopia’s member of different conventions for humanrights like, CCPR, ICESCR, ICERD, CEDAW, CRC and the establishment of the local civil society (EHRCO), though not free from impairments from the ruling party, can be mentioned as some prospects if they are used for better outcomes.