The challenges ahead
Abstract This chapter offers directions for more effective approaches to refugee situations. As long as the growing scale of forced migration is driven by severe human rights violations, failing states, and intrastate conflicts, the prospects of solutions for refugees depend largely on resolving these issues. International organizations need to adopt programmes and policies to involve and strengthen civil society and local institutions. Lasting solutions will only be found if a concerted effort is made to defuse ethnic and religious tensions, resolve armed conflicts, protect human rights, strengthen arms control measures, and promote equitable and sustainable development. Through shared responsibility, collective action, and the active participation of refugees themselves, solutions are possible.
- Research Article
- 10.47191/ijsshr/v6-i7-20
- Jul 10, 2023
- International Journal of Social Science and Human Research
The study is back to back by seeing that legal protection against victims of severe human rights violations is necessary, as the weak should be effective in protecting the law. So the author was interested in doing this study that discussed how the implementation of human rights protection against victims of severe human rights violations in the criminal justice system in Indonesia, What is problematic in the study is how victims of major human rights violations are regulated in Indonesia and whether the implementation of legal protection against victims of severe human rights violations in existing regulations could provide legal protection against victims of human rights violations. The method of research used in this study is normatif juridical or search literature. Research has shown that the rights of victims of gross human rights violations in criminal justice systems are regulated in 190 penal code laws laws on criminal events, the rule 26 year 2000 on human rights on the next human rights court is governed by regulations granting protection to victims and witnesses in 2002 government regulation Number 2 year and government regulation Number 3 2002 on compensation ordinances, Restitution and rehabilitation, act Number 27 in 2004 on the commission of truth and reconciliation, and in the 2006 act Number 13 on the protection of witnesses and victims. The implementation of protection of law against victims of severe human rights violations in Indonesia has not been consistent with the current laws. Where victims' rights are not fully satisfied because of any legal obstacles such as his lack of success in proving a perpetrator in a severe human rights violation. The weakness of legal procedures that make compensating and rehabilitation to victims is difficult to realize.
- Research Article
- 10.61345/1339-7915.2024.2.10
- Jul 15, 2024
- Visegrad Journal on Human Rights
Effective protection of fundamental human rights is one of the main features of a modern democratic state governed by the rule of law. Non-governmental human rights institutions are an important component of the international human rights protection mechanism, as they operate at the local, regional, national and international levels. The relevance of the study is due to several factors, including: increased attention to human rights in the international legal system, increasing cases of human rights violations in the world, and the lack of effectiveness of national human rights mechanisms. Among other things, the Russian-Ukrainian war is of particular relevance, as the level of human rights violations in the conflict zone is extremely high. In view of this, a comprehensive study of the role of international non-governmental organisations in international human rights mechanisms is clearly relevant. The aim of the work is defining the role of non-governmental organisations in the international human rights protection mechanism and determining the forms of participation of international non-governmental organisations in the protection of human rights at the international level. The methodological basis of the study. In order to achieve this goal, an integrated approach is applied, which determines the use of general and special scientific research methods. In particular, the functional method was used to determine the functions of international non-governmental organisations in the field of human rights protection. The formal legal method was used to analyse the provisions of international legal acts. The systemic-structural method was used to identify the main features of the participation of international non-governmental organisations in the mechanism of human rights protection at the international level. The methods of analysis, synthesis, induction, deduction, and analogy were also used to formulate conclusions and proposals. Results. The article examines the role of international non-governmental organisations in the international human rights mechanism. The study covers the results of the activities of international non-governmental organisations Amnesty International, Human Rights Watch, International Federation for Human Rights, Human Rights First, Interights and other non- governmental organisations that draw the attention of citizens and governments around the world to human rights violations. It is noted that the activities of non-governmental organisations in addressing the issue of human rights protection are effective and have an important impact on the resolution of human rights violations. It is emphasised that the role of international non- governmental organisations is growing in the current context, as their activities have an impact on addressing human rights violations in the context of the Russian-Ukrainian war.
- Research Article
6
- 10.2139/ssrn.1673476
- Apr 15, 2008
- SSRN Electronic Journal
Economic Sanctions Against Human Rights Violations
- Book Chapter
- 10.1163/9789047407423_008
- Jan 1, 2005
Oil-Exploitation in Nigeria: Procedures Addressing Human Rights Abuses
- Research Article
1
- 10.4314/erjssh.v10i1.10
- Aug 1, 2023
- Ethiopian Renaissance Journal of Social Sciences and Humanities
The main objective of the study is to examine the depiction of democratic and human rights abuses in Amelmal’s, Yältäkoäche Guzo (Unfinished Journey). One of the considerable importances of literature all over the world is its use of sympathetic and attractive literary language to expose basic human right abuses since human rights are also part of human life. Therefore, analyzing the roles of literatures that are written in Amharic language in portraying basic human rights violations is paramount. However, literatures written in Amharic language are not well studied from human rights violation perspectives. This article, therefore, explores how the violations of basic human rights are depicted in the selected novel. Because there was no computable data used, the study considered qualitative research method. Regardless of the system by which a country is ruled, human rights are inviolable because they are innate. The analysis of the novel, however, depicts that the inviolable human and democratic rights of human beings have been violated. The finding of the study showed that the depiction of human and democratic rights violations was explicit. It showed that people’s rights to life, rights to equality, rights to liberty, and rights to election were abused during the two political regimes.
- Research Article
1
- 10.1111/josp.12362
- Jun 25, 2020
- Journal of Social Philosophy
Beyond Claim‐Rights: Social Structure, Collectivization, and Human Rights
- Research Article
- 10.36451/j.isip.v17i1.38
- Jun 16, 2020
- Jurnal ISIP: Jurnal Ilmu Sosial dan Ilmu Politik
Tulisan ini menganalisis isu pelanggaran Hak Asasi Manusia (HAM) dan peranan aktor non-negara dalam memperjuangkan HAM. Unit analisis penelitian ini adalah Under the Same Sun (UTSS), organisasi internasional non-state yang memiliki komitmen melindungi dan menghormati HAM orang-orang yang terdiskriminasi, yaitu People with Albanism (PWA), di seluruh dunia. UTSS menunjukkan upaya nyata dalam menangani kasus pelanggaran HAM yang menimpa orang-orang PWA di Tanzania, negara di kawasan Afrika Timur. Upaya perjuangan UTSS terhadap kasus pelanggaran HAM yang dialami oleh PWA, dilakukan dalam kerangka advokasi transnasional, mendekati aktor lain yang memiliki legalitas lebih kuat, yaitu organisasi PBB. Dalam pelanggaran HAM PWA terdapat indikasi keterlibatan elit-elit politik dan bisnis Tanzania baik secara langsung ataupun tidak langsung, berkaitan erat dengan sistem kepercayaan dan kebudayaan yang melekat di Tanzania. Strategi advokasi UTSS yaitu melakukan kampanye global, dengan target utama masyarakat internasional dan Organisasi Internasional PBB yang memiliki pengaruh kuat dalam menyelesaikan kasus pelanggaran HAM PWA. Hasil perjuangan advokasi PWA oleh UTSS di Tanzania tahun 2010-2015 menunjukkan signifikansi peranan organisasi internasional non-state dalam memperjuangkan isu HAM secara global. UTSS berhasil mendorong PBB sebagai organisasi internasional paling legitimate, dengan beberapa kebijakan global untuk mendukung HAM PWA di dunia. Hal ini menunjukkan efektivitas jaringan advokasi yang dibangun UTSS secara global. This paper analyzes the issue of human rights violations and the role of non-state actors in fighting for human rights. The unit of analysis of this research is Under the Same Sun (UTSS), an international non-state organization that is committed to protecting and respecting the human rights of people who are discriminated against, namely People with Albanism (PWA), worldwide. UTSS shows real efforts in handling cases of human rights violations that befall PWA people in Tanzania, a country in the East African region. The UTSS struggle against human rights violations experienced by PWA is carried out within the framework of transnational advocacy, approaching other actors who have stronger legality, namely the United Nations organization. In PWA human rights violations there are indications that the involvement of Tanzania's political and business elites, directly or indirectly, is closely related to the belief system and culture inherent in Tanzania. UTSS advocacy strategy is to conduct a global campaign, with the main target of international communities and the UN International Organization which has a strong influence in resolving cases of violations of PWA human rights. The results of the PWA advocacy struggle by UTSS in Tanzania in 2010-2015 showed the significance of the role of international non-state organizations in fighting for human rights issues globally. UTSS has succeeded in pushing the UN as the most legitimate international organization, with several global policies to support PWA human rights in the world. This shows the effectiveness of the advocacy network developed by UTSS globally.
- Research Article
- 10.2139/ssrn.3371900
- Apr 14, 2018
- SSRN Electronic Journal
On March 30, 1998 Russia ratified the Council of Europe Convention on the Protection of Human Rights and Fundamental Freedoms. On March 3, 1987 – the UN Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. On September 18, 1973 – the International Covenant on Civil and Political Rights. On May 5, 1998 – the European Convention for the Protection of an Rights and Fundamental Freedoms. However, from 2016 to the present, on the territory of Russia in the Chechen Republic, terrible inhuman things are being found - torture and murder of people because they belong to the LGBT community. The Chechen Republic is part of Russia. It is horrifying that Russia ignores the open violation of human rights in Chechnya, and the violation of human rights is carried out by law enforcement officers of the Chechen Republic. Refusing to initiate criminal proceedings on massive violation of human rights in the Chechen Republic, thus contributing to torture, violence and inhuman treatment of Russian citizens based on of their sexual orientation, Russia crudely violates Item 1 of Article 2, Articles 12-15 of the UN Convention on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment , Articles 3, 5, 6, 7, 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms , as well as the provisions of domestic legislation. What can the world community do to stop the massacre of LGBT representatives in Chechnya? How to react to it? Protection of human rights is often closely intertwined with maintenance of peace and security. These two concepts are indivisible. It is becoming increasingly clear that violation and infringement of human rights are not only concomitant consequences of a conflict, but also its triggering mechanism. If state authorities start to systematically violate human rights this becomes a warning, an alarming signal and one of the most obvious indicators that such violations may be followed by instability and violence threatening to spread over to other countries. It is not surprising that the most totalitarian world regimes are also the most flagrant violators of human rights.
- Research Article
- 10.59613/tgcmjf63
- Jun 5, 2024
- Journal of Law and Humanity Studies
Genocide crimes are often associated with crimes against humanity, but when examined more closely, genocide crimes differ from crimes against humanity. Genocide crimes target groups such as nations, races, ethnicities, or religions, whereas crimes against humanity are directed at citizens and civilians. Additionally, genocide crimes can annihilate part or all of a group, whereas crimes against humanity do not have such specifications or conditions. The demands for resolving human rights violation cases led to the creation of Law Number 39 of 1999 concerning Human Rights, followed by Law Number 26 of 2000 concerning Human Rights Courts, which aims to address various human rights violation issues, particularly serious human rights violations. Article 7 of the Human Rights Court Law states that genocide crimes are severe human rights violations due to actions such as killing, causing severe suffering, extermination, coercion by groups, and forcibly transferring children from one group to another. Thus, this human rights court law explicitly threatens the perpetrators. The method used is normative legal research. Based on the research results, it is known that Genocide Crimes and Their Implications in Law Number 39 of 1999 concerning Human Rights show that genocide is one of the most serious forms of human rights violations, involving systematic efforts to destroy certain groups based on ethnicity, religion, or race. Law Number 39 of 1999 concerning Human Rights does not specifically and in detail regulate genocide crimes and their elements. This results in a lack of a strong and comprehensive legal framework to prosecute genocide perpetrators and provide justice and legal certainty for victims. Law Number 26 of 2000 concerning Human Rights Courts in Indonesia is considered inadequate to handle serious human rights violations. Several weaknesses identified include procedural law still referring to the Criminal Procedure Code (KUHAP), which complicates the proof process, and ambiguities in applying regulations due to the incomplete "elements of crimes" stipulated. This results in a lack of effectiveness in prosecuting serious crimes like genocide, which are often triggered by ethnic, religious, and racial factors. The prohibition of genocide crimes is regulated through international and national laws. However, resolving serious human rights violations within the Indonesian criminal justice system based on Law Number 26 of 2000 has not succeeded in creating legal certainty and justice for the victims of violations in East Timor
- Research Article
1
- 10.37676/sosj.v1i1.341
- Feb 20, 2024
- Social Sciences Journal
Human Rights are a set of rights that are essentially inherent in humans. This right is natural, cannot be contested or taken away, and applies universally. Violations of human rights occur if these rights are taken away or challenged by other parties. The field of human rights violations is very broad, covering various rights possessed by humans, including in this case regarding land in the agrarian sector. Violations of human rights in the agrarian sector are basically similar to violations of human rights in other fields, the difference being the object of the right that gives rise to the human rights violation. In this case, the object in question is land in the agrarian sector. Indonesian national law and international law have slightly different perspectives regarding human rights violations in the agrarian sector. The difference is regarding control over the agrarian sector. National law has independent rights over the agrarian sector within its territory without interference from other parties outside the country, including international law. However, this form of violation of human rights, even in the agrarian sector, remains the subject of international law, as is the universal principle held by human rights law. To provide protection of rights in the agrarian sector, Indonesian national law applies the provisions of the 1945 Constitution, Law Number 39 of 1999 concerning Human Rights, and Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations. Meanwhile, international law applies Convention Number 169 of the International Labor Organization (ILO), as well as the United Nations Declarations on the Rights of Indigenous Peoples (UNDRIP). Therefore, this writing aims to explain the point of view of how Indonesian national law views human rights violations in the agrarian sector through domestic regulations, as well as how international law through international instruments views human rights violations in the agrarian sector. This writing was also prepared based on normative juridical sources through Indonesian national regulations and related to international instruments. Human Rights are a set of rights that are essentially inherent in humans. This right is natural, cannot be contested or taken away, and applies universally. Violations of human rights occur if these rights are taken away or challenged by other parties. The field of human rights violations is very broad, covering various rights possessed by humans, including in this case regarding land in the agrarian sector. Violations of human rights in the agrarian sector are basically similar to violations of human rights in other fields, the difference being the object of the right that gives rise to the human rights violation. In this case, the object in question is land in the agrarian sector. Indonesian national law and international law have slightly different perspectives regarding human rights violations in the agrarian sector. The difference is regarding control over the agrarian sector. National law has independent rights over the agrarian sector within its territory without interference from other parties outside the country, including international law. However, this form of violation of human rights, even in the agrarian sector, remains the subject of international law, as is the universal principle held by human rights law. To provide protection of rights in the agrarian sector, Indonesian national law applies the provisions of the 1945 Constitution, Law Number 39 of 1999 concerning Human Rights, and Law Number 5 of 1960 concerning Basic Agrarian Principles Regulations. Meanwhile, international law applies Convention Number 169 of the International Labor Organization (ILO), as well as the United Nations Declarations on the Rights of Indigenous Peoples (UNDRIP). Therefore, this writing aims to explain the point of view of how Indonesian national law views human rights violations in the agrarian sector through domestic regulations, as well as how international law through international instruments views human rights violations in the agrarian sector. This writing was also prepared based on normative juridical sources through Indonesian national regulations and related to international instruments.
- Research Article
6
- 10.1080/14623520701368685
- Jun 1, 2007
- Journal of Genocide Research
The Nuremberg tribunal was the expression and the beginning of states' recognition of their duty to prosecute genocide and other gross human rights violations. It was a first step towards fulfillin...
- Research Article
16
- 10.1111/japp.12079
- Jul 25, 2014
- Journal of Applied Philosophy
The discourse of hate crime has come to Europe, supported not least by international human rights actors and security and policy organisations. In this article, I argue that there is a need for a philosophical response to challenging claims about the conceptualisation and classification of hate crime. First, according to several scholars, hate crime is extraordinarily difficult to conceptualise and there is a fatigue among practitioners caused by the lack of clarity and consensus in the field. I agree that there is a need, not for additional definitions, but for a more comprehensive conceptual framework, that may help us think more clearly about given definitions of hate crime; about their basic structure, cross‐cutting problems, and possible variations. Supplying such a conceptual perspective represents a timely task for applied philosophy. I engage with this by offering a four‐tiered concept of hate crime. Second, the involvement of human rights actors in the consolidation of hate crime law and policy in Europe has supported the classification of hate crime as a human rights violation. Ultimately, what is at stake is not only our understanding of hate crime, but also our maintenance of a precise and pointed discourse on human rights violations. I argue that we should hesitate or even abstain from classifying hate crime as a human rights violation, and that doing so is compatible with taking both hate crimes and human rights seriously.
- Research Article
- 10.7146/torture.v33i1.132231
- Mar 17, 2023
- Torture : quarterly journal on rehabilitation of torture victims and prevention of torture
Various psychotherapies have been applied to individuals who have been subjected to torture and severe human rights violations. However, studies assessing the ef-fectiveness of such therapies are limited. Psy-choanalytic psychotherapy is said to be used frequently in practice for these patient groups. Yet, there are scarcely any studies assessing its efficacy. In this study, we aim to assess the effectiveness of psychoanalytic psychotherapy in patients with PTSD associated with torture and severe human rights violations. 70 patients who were diagnosed with PTSD due to being tortured and severe human rights violations in accordance with DSM-IV-TR and who applied to the Human Rights Foundation of Turkey were given psy-choanalytic psychotherapy. CGI-S and CGI-I scales were applied to the patients (in Months 1, 3, 6, 9, and 12); and the patients' continu-ity of therapy and the changes in their recov-ery during the one-year psychotherapy period were assessed. 38 (54.3%) of the patients were female. Their mean age was 37.7 years (SD= 12.25), while their mean baseline CGI-S score was 4.67. The drop-out rate was 34%. The mean length of treatment was 21.9 ses-sions (SD = 20.30). Mean scores for CGI-I scale were 3.46, 2.95, 2.23, 2.00, and 1.54 for months 1, 3, 6, 9 and 12 respectively. As the number of sessions increased, the final CGI-I scores of the patients improved significantly towards recovery.75.4% of the pa-tients benefited from the treatment in general according to their final CGI-I score. Considering the limited liter-ature in the field, this study has provided sig-nificant data on the effectiveness of the use of psychoanalytic psychotherapy in individuals diagnosed with PTSD related to torture and severe human rights violations, despite its lim-itations such as not involving a control group, not having been conducted blindly and ran-domized and being based on a single scale.
- Research Article
- 10.22225/politicos.4.1.2024.1-10
- Mar 7, 2024
- Politicos: Jurnal Politik Dan Pemerintahan
This article discusses the roles of the government and the National Commission on Human Rights (Komnas HAM) in handling severe human rights violation cases in Paniai, Papua. The purpose of this article is to determine whether the National Commission on Human Rights handled the severe human rights violations in Paniai optimally. The article employs a qualitative research method as a research procedure that generates descriptive data in the form of written or oral words from individuals or things observed. For gathering information, interviews were used along with different types of literature, like journals, to look at the steps that the National Commission on Human Rights took and news stories from different media outlets about how they dealt with serious human rights violations in Paniai. This article uses the theory of institutional and institutional roles to examine the roles played by the National Commission on Human Rights. The research findings indicate that handling the severe human rights violation cases in Paniai creates problematic situations between the government and civilians. First, the National Commission on Human Rights attempts to adapt to external and social expectations. Second, the formation of an order between the majority and minority in the uniformity pattern of witness elements during the investigation stage conducted by the Attorney General. Other challenges include the back-and-forth return of investigation files, which hinders the process of handling the Paniai case by the National Commission on Human Rights.
- Book Chapter
- 10.1017/9781780688060.004
- Oct 22, 2018
Following the establishment of the UN Human Rights Council, the then Secretary-General, KofiAnnan, termed the UN special procedures the ’ crown jewel ’ in the UN system.Earlier, a report to the former Commission stated that they were ‘ the essential cornerstone of United Nations efforts to promote and protect human rights ’and Surya Subedi, a former rapporteur, simply considers them ‘ the public face of the UN human rights system ’. They certainly occupy a unique position. Appointed by the UN Human Rights Council, each mandate reports annually to the Council and/or the General Assembly. The terms of the mandate may dictate the actual work undertaken or leave it open to the appointee. ‘ special procedures ’ is the generic term applied to the special mechanisms of the former Commission on Human Rights (now the UN Human Rights Council) by which individual experts are appointed to examine particular human rights issues, monitor specific countries or territories, develop specific guidelines or consider specific violations of human rights and fundamental freedoms. The mandates to which they are appointed are not dependent on treaties for their authority, but rather draw support from the terms of the UN Charter. This provides a degree of flexibility on sources (as they are not bound to particular treaties) and, as a consequence, special procedures can use whichever legal arguments and strategies best advance their mandate, embodying a truly integrated approach. Unsurprisingly, a range of users can and do engage with the special procedures. For the purposes of this chapter, the working definition proposed by Ellen Desmet is widely construed: ‘ [a] human rights user is any individual or composite entity who engages with (uses of) human rights ’. Individuals, non-governmental organisations (NGOs) and civil society organisations, States themselves and institutions and entities within regional and international organisations are included. Users across Desmet's four categories are included – rights claimants, rights realisers, supportive users (e.g. advocates, defenders and NGOs) and judicial users (courts and tribunals, including, for the purposes of this chapter, UN monitoring systems). The question addressed is: are they system puppets or some (or all) of their users ‘ saviours? In order to determine the answer, the system of special procedures will first be outlined and the key literature identified, analysing the reality of their autonomy.