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71. Towards a Jurisprudential Articulation of Indigenous Land Rights

Author:
Gaetano Pentassuglia
Publication Date:
02-2011
Content Type:
Journal Article
Abstract:
As expert analysis concentrates on indigenous rights instruments, particularly the long fought for 2007 UN Declaration on the Rights of Indigenous Peoples, a body of jurisprudence over indigenous land and resources parallels specialized standard-setting under general human rights treaties. The aim of the present article is to provide a practical and comparative perspective on indigenous land rights based on the process of jurisprudential articulation under such treaties, principally in the Inter-American and African contexts. While specialized standards inevitably generate a view of such rights (and, indeed, indigenous rights more generally) as a set of entitlements separate from general human rights, judicial and quasi-judicial practice as it exists or is being developed within regional and global human rights systems is effectively shaping up their content and meaning. I argue that indigenous land rights jurisprudence reflects a distinctive type of human rights discourse, which is an indispensable point of reference to vest indigenous land issues with greater legal significance. From a practical standpoint, focussing on human rights judicial and quasi-judicial action to expand existing treaty-based regimes and promote constructive partnerships with national courts, though not a panacea to all the intricacies of indigenous rights, does appear to offer a more realistic alternative to advocacy strategies primarily based on universally binding principles (at least at this stage) or the disengagement of domestic systems from international (human rights) law.
Topic:
Human Rights and United Nations
Political Geography:
Africa and America

72. Somewhere to Turn? MINURCAT and the Protection of Civilians in Eastern Chad and Darfur

Author:
Benjamin de Carvalho, Jon Harald Sande Lie, and Randi Solhjell
Publication Date:
04-2011
Content Type:
Working Paper
Institution:
Norwegian Institute of International Affairs
Abstract:
The United Nations Mission in Eastern Chad and the Central African Republic (MINURCAT) was established to protect civilians and contribute to rule of law and regional peace in the conflict-prone region bordering Darfur. The mission was dismantled towards the end of 2010. This report, based on fieldwork undertaken in Chad in 2009, addresses the situation of sexual and gender-based violence (SGBV) against refugees and internally displaced people (IDPs) in eastern Chad and difficulties MINURCAT encountered in its response to such violence.
Topic:
Conflict Resolution, Civil War, Human Rights, and Refugee Issues
Political Geography:
Africa and United Nations

73. Towards a Positive Application of Complementarity in the African Human Rights System: Issues of Functions and Relations

Author:
Solomon T. Ebobrah
Publication Date:
08-2011
Content Type:
Journal Article
Abstract:
According to the Protocol to the African Charter on Human and Peoples' Rights establishing the African Court on Human and Peoples' Rights, the main function of the Court is to complement the protective mandate of the already existing African Commission on Human and Peoples' Rights. Thus, complementarity was introduced into the framework of the African human rights system. Since then, the concept of complementarity has also been brought into play in the Protocol to the Statute of the proposed African Court of Justice and Human Rights. Although the interim rules of procedure of the Court and of the Commission have sought to give meaning to the concept of complementarity, there is still very little understanding of how it will pan out in the system. Questions abound as to the exact implication it would have on the existing mechanisms of the Commission. Almost nothing has been said or written on its impact on the African Committee of Experts on the Rights and Welfare of the Child. Against this background, this article argues that complementarity in the African human rights system can be applied positively by adopting a normative approach that allows for the prescription of what the system's supervisory institutions should do and how they should relate to each other in their work. The article argues further that the justifications for the introduction of judicial organs can also be employed to prescribe complementary functions for each supervisory institution. It concludes that applying complementarity positively would require encouraging each institution to focus on its strengths with a view to strengthening the overall effectiveness of the system.
Topic:
Human Rights
Political Geography:
Africa

74. From Compliance to Practice: Mining Companies and the Voluntary Principles on Security and Human Rights in the Democratic Republic of Congo

Author:
Jana Hönk and Tanja A. Börzel
Publication Date:
10-2011
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies
Abstract:
Transnational institutions increasingly commit multinational companies to human rights and social standards on a voluntary basis. Our paper investigates the security practices of multinational companies and whether these comply with the Voluntary Principles on Security and Human Rights. Analysing the case of mining companies in the Democratic Republic of Congo we evaluate the impact of the Principles on local security practices and critically analyse the effects of these practices. We argue that one needs to go beyond compliance studies, which focus on the implementation of formal programs (output) and rule-consistent behaviour (outcome), in order to evaluate corporate governance contributions. We therefore develop a conceptual framework that looks at companies' local security practices, including non-compliant practices, and their effects on local security. Our approach leads to a more differentiated evaluation of the effects of voluntary standards and the potential for corporate governance contributions than much of the literature on business and governance does.
Topic:
Security, Human Rights, Natural Resources, and Labor Issues
Political Geography:
Africa and Democratic Republic of the Congo

75. Return to War in Sudan's Nuba Mountains

Author:
Julie Flint
Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The response to the renewed war in Sudan's Nuba Mountains has been driven largely by a human rights and humanitarian crisis. The crisis will continue indefinitely without a political agreement that acknowledges the Nuba rebellion is self-sustaining and reflects a wider malaise within the new Republic of Sudan. With Sudan facing financial collapse, economic normalization must be part of negotiations with Khartoum to end the war in the Nuba Mountains and promote democratization throughout Sudan.
Topic:
Conflict Resolution, Democratization, Development, Human Rights, War, Insurgency, and Financial Crisis
Political Geography:
Africa and Sudan

76. Countering the Lord's Resistance Army in Central Africa

Author:
Andre Le Sage
Publication Date:
07-2011
Content Type:
Working Paper
Abstract:
The Lord's Resistance Army (LRA) is one of Africa's most brutal militia forces. It has plagued Central Africa, particularly northern Uganda, for over two decades. The group's tactics provide textbook examples of war crimes and crimes against humanity. When attacking civilians, the LRA instills fear by selecting random individuals for brutal executions. Children are abducted to serve as porters, sex slaves, and new militia. In order to indoctrinate child soldiers, young abductees are routinely forced to kill their own family members and other children, or be murdered themselves. Anyone caught trying to escape from the LRA is summarily executed. By contrast with other African rebel groups, which occasionally adopt such brutal tactics, the LRA has conducted such atrocities on a systematic and prolonged basis.
Topic:
Crime, Human Rights, Terrorism, Armed Struggle, and Insurgency
Political Geography:
Africa

77. The Lord's Resistance Army: End Game?

Publication Date:
11-2011
Content Type:
Working Paper
Institution:
International Crisis Group
Abstract:
The Lord's Resistance Army (LRA) remains a deadly threat to civilians in three Central African states. After a ceasefire and negotiations for peaceful settlement of the generation-long insurgency broke down in 2008, Uganda's army botched an initial assault. In three years since, half-hearted operations have failed to stop the small, brutally effective band from killing more than 2,400 civilians, abducting more than 3,400 and causing 440,000 to flee. In 2010 President Museveni withdrew about half the troops to pursue more politically rewarding goals. Congolese mistrust hampers current operations, and an African Union (AU) initiative has been slow to start. While there is at last a chance to defeat the LRA, both robust military action and vigorous diplomacy is required. Uganda needs to take advantage of new, perhaps brief, U.S. engagement by reinvigorating the military offensive; Washington needs to press regional leaders for cooperation; above all, the AU must act promptly to live up to its responsibilities as guarantor of continental security. When it does, Uganda and the U.S. should fold their efforts into the AU initiative.
Topic:
Conflict Resolution, Human Rights, Religion, Torture, Armed Struggle, and Insurgency
Political Geography:
Uganda, Africa, and United States

78. Disrupting the Supply Chain for Mass Atrocities

Publication Date:
07-2011
Content Type:
Policy Brief
Institution:
Human Rights First
Abstract:
Mass atrocities are organized crimes. Those who commit genocide and crimes against humanity depend on third parties for the goods and services—money, matériel, political support, and a host of other resources—that sustain large-scale violence against civilians. Third parties have supplied military aircraft used by the Sudan Armed Forces against civilians, refined gold and other minerals coming out of eastern Democratic Republic of the Congo, and ensured a steady flow of arms into Rwanda. Governments seeking to prevent atrocities cannot afford a narrow and uncoordinated focus on the perpetrators of such violence. Rather, an effective strategy must include identifying and pressuring third-party enablers— individuals, commercial entities, and countries—in order to interrupt the supply chains that fuel mass violence against civilians.
Topic:
Political Violence, Crime, Ethnic Conflict, Genocide, Human Rights, and Human Welfare
Political Geography:
Africa, Democratic Republic of the Congo, and Rwanda

79. Law, Anthropology, and the Global Village

Author:
Dianna Shandy
Publication Date:
11-2011
Content Type:
Journal Article
Journal:
Macalester International
Institution:
Macalester College
Abstract:
Globalization is characterized by crosscutting flows and networks of people, goods, ideas, and capital across the globe. These processes are both facilitated and constrained by yet emerging infrastructures and institutions. Within this shifting context, it has been observed that while we live in a global village, there is no rule of law. Here, I reflect upon this observation in relation to the unfolding development of the International Criminal Court (ICC), with particular consideration of African contexts.
Topic:
Human Rights and Law
Political Geography:
Africa

80. Gender and Statebuilding in South Sudan

Author:
Nada Mustafa Ali
Publication Date:
12-2011
Content Type:
Working Paper
Institution:
United States Institute of Peace
Abstract:
South Sudan’s independence ends decades of conflict as well as socioeconomic and political marginalization at the hands of successive governments in Khartoum, which affected women in gender-specific ways. Independence thus opens up opportunities for women’s economic and social empowerment, ensuring that the new country’s political and economic structures and institutions reflect commitments to women’s participation and human rights. In turn, empowering women will enable South Sudan to strengthen its economic and political structures and institutions. There is great potential for gender equality and respect for women’s rights in South Sudan. The government has expressed commitments to equality between women and men and to women’s participation. South Sudan is relatively egalitarian and lacking in religious extremism. International actors interested in South Sudan recognize that promoting gender equality and women’s empowerment and addressing gender-based violence (GBV) are key to maintaining peace and security and helping South Sudan’s economy grow. Challenges abound, however. South Sudan is severely lacking in infrastructure and has some of the worst human development indicators worldwide. Social and cultural practices harmful to women compound the effects of conflict and marginalization. There are constant internal and external security threats, a limited understanding of gender equality, and a tendency within communities to view gender as an alien and illegitimate concern, given the acute problems that South Sudan faces. The government of South Sudan, with the support of regional partners and the international community, should ensure that gender equality and women’s rights are fully integrated into and are outcomes of state building. National planning, developing the permanent constitution, and building the country’s new institutions and structures should reflect commitments to gender equality and input from women and women’s groups across South Sudan. The government should cost and meet the full budgetary needs of the Ministry of Gender, Child, and Welfare; ratify and implement the Convention on the Elimination of all Forms of Discrimination against Women and the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa; strengthen efforts to prevent GBV and address the needs of GBV victims and survivors; and invest more in quality and accessible health and education.
Topic:
Conflict Resolution, Gender Issues, Government, Human Rights, and Politics
Political Geography:
Africa and South Sudan