Oil-Exploitation in Nigeria: Procedures Addressing Human Rights Abuses

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.

This panel was convened at 10:45 a.m., Friday, March 27, by its moderator, Penelope Simons of the University of Ottawa, who introduced the panelists: John G. Ruggie of Harvard's Kennedy School of Government and Special Representative of the United Nations' Secretary-General for Business and Human Rights; Robert McCorquodale, Director of the British Institute of International and Comparative Law; Christiana Ochoa of the Indiana University Maurer School of Law; Adam Greene of the United States Council for International Business; and Lisa Misol of Human Rights Watch. INTRODUCTION It is my pleasure to welcome you to this panel on the Future of Corporate Accountability for Violations of Human Rights. The global concern for the human rights implications of corporate activity and corporate impunity for violations of human rights is not new. The issue was most recently propelled to the forefront of global debate in 2003. The catalyst was the drafting of the UN Norms on the Responsibility of Transnational Corporations and other Business Enterprises with Regard to Human Rights (1) (the UN Norms) by a UN working group of independent experts, their subsequent unanimous adoption by (what was then) the Sub-Commission on the Promotion and Protection of Human Rights, and finally their submission to the Human Rights Commission (now the Human Rights Council). One of the results of the controversy provoked by the UN Norms was the creation of a new UN special procedure, the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and other Business Entities, and the appointment to that position of Professor John Ruggie. In April last year, Professor Ruggie submitted his much anticipated final report to the Human Rights Council. His Report sets out a comprehensive policy framework aimed at reducing the governance gaps in relation to the negative human rights impacts of corporate activity. (2) It is based on three principles: the further development of the state's international human rights law duty to protect individuals from violations of their human rights by corporate actors; the concept of the responsibility of business to respect human rights--to do no harm; and the development of remedies for victims of corporate human rights abuses. Professor Ruggie's proposals are thoughtful, comprehensive, and strategic. The Report was well received by the Human Rights Council, business, (3) and a number of NGOs. It has also been criticized by others who would have liked to have seen his recommendations go further and include some reference to the role of binding legal human fights obligations for corporate actors. (4) In June 2008, the Human Rights Council extended Professor Ruggie's mandate for another three years, requesting him to, among other things, develop the three principles of his policy framework; integrate a gender perspective throughout his work and give attention to those belonging to vulnerable groups, in particular children; identify, exchange, and promote best practices for business in this area; and advance the policy framework, continuing to consult with a wide variety of stakeholders. Professor Ruggie released his preliminary work plan for his new mandate in October 2008. (5) In this panel we will be discussing the work of the Special Representative and the operationalization of his policy framework. In particular, panelists will consider where we should go from here in the effort to develop norms to regulate corporate activity effectively and address corporate impunity for human fights abuses. (1) UNECOSOC, Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights, UN Doc E/CN.4/Sub.2/2003/12/Rev.2 (2003) and Commentary on the Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights, UN Doc E/CN. …

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...

INTRODUCTION Industrial and export processing zones are considered magnets for direct foreign investment and attractive for foreign enterprises and subsidiaries of transnational corporations in Vietnam. Despite fuelling domestic economic growth by industrial development and job creation, industrial zones’ performance has caused a series of actual and potential human rights violations within workplaces and in surrounding communities. Working conditions in industrial zones in Vietnam revealed a breadth of human rights abuses such as low wages, excessive overtime, temporary contracts, deteriorated working conditions, and environmental pollution which affected not only workers and their families but also people living in the surrounding areas. The 2011 United Nations Guiding Principles on Business and Human Rights (the Guiding Principles) provide a practical guidance to identify and address human rights impacts, emphasising the state duty to protect against human rights abuses, the corporate responsibility to respect human rights, and the need for greater access to victims to effective remedy. Despite numerous endorsements, the Guiding Principles face some scepticism regarding their practicability, which depends on the context of specific countries, and an inherent voluntarism on part of the enterprises’ adherence to the principles. Surya Deva argues that ‘[e] ven if the Guiding Principles are implemented by states and embraced by the business community, they might not make a significant difference in preventing and remedying corporate human rights abuses, especially in situations where there are governance gaps or companies are reluctant to be guided by the Guiding Principles’. In fact, in developing countries whose aim is to attract foreign investment for development, governments are often unwilling to intervene in companies’ activities for fear of impairing their competitiveness. Weak states lacking the requisite governance capacity are also less able to control effectively the activities of foreign enterprises. Likewise, in authoritarian or undemocratic states where rampant corruption is common place, enterprises often lobby ruling elites to ignore their wrongdoings and disrupt the legal enforcement of human rights. At the same time, for enterprises, for the sake of profit maximisation and in the absence of a legally binding regulatory framework, corporate social responsibility (CSR) is often regarded as an added cost. This in turn undermines enterprises’ propensity to voluntarily incorporate CSR.

The new spirit of human rights enforcement in Indonesia through the ratification of Law no. 26 of 2000 became the main pillar to accommodate issues that attracted international attention. Law No. 26 of 2000 has shown the importance of regulating human rights enforcement, the regulation is also the main instrument to protect and guarantee human rights enforcement mechanisms in Indonesia. The author takes a legal problem on the comparative law of Law no. 26 of 2000 concerning the Human Rights Court which was adopted from the provisions of the 1998 Rome Statute. Several human rights activists took action, this was because the 1998 Rome Statute provisions were adopted imperfectly in article 42 of Law no. 26 of 2000 which caused problems in the enforcement of the Human Rights Court. Some of the perpetrators of gross human rights violations in Indonesia are generally parties with power or position, who can escape the applicable legal sanctions and are free from responsibility for the actions that have been committed by them or their groups. So it is important for the development of human rights in Indonesia to improve the norms of command responsibility in Article 42 of Law no. 26 of 2000. Based on these issues, the author will integrate several comparative laws and principles to get a concrete solution. The purpose of this research is to build a legal framework to strengthen the enforcement of Indonesian human rights. The methodology that will be used is a normative method with a conceptual approach. The findings of this study reveal that several human rights violations by the Command in Indonesia have not yet been resolved properly and have attracted international attention. In theoretical studies, the existence of the principle of command responsibility is considered difficult to prove in court. The involvement of human rights violators by the TNI command in several cases is evidence that the implementation of the command responsibility mechanism in human rights violations is far from being expected.

While international peace and security require the stability provided by the Westphalian system of International Law, it can at the same time be endangered by massive violations of human rights. On the other hand, Human Rights can only be enjoyed in times of peace while the Westphalian system can limit the effective and universal enforcement of Human Rights in cases in which the UN Security Council has failed to take action under Chapter VII. This paper is an attempt at reconciling these needs - which are at times directly contrary, and at other times interlinked - ones with a special focus on massive violations of human rights which are not being addressed effectively by the UN Security Council. To this end, we will look at the Human Rights dimensions of international peace and security outlined above before we come to the core issue of the paper, the legality of the use of force for the protection of Human Rights in cases in which the UN Security Council fails to act, or, in other words, the question of how far the need for universal respect for human rights can overrun the need for peace, given the links between both factors indicated above. At the end of the paper will be a suggestion for a step-by-step approach regarding the effective enforcement of Human Rights aimed at preserving international peace and security as much as possible while at the same time taking into account national and regional systems for the protection of Human Rights. Special attention will be given to the role of Humanitarian Intervention in a world dominated by the war against terrorism in the wake of the September 11, 2001, Al Qaida terrorist attacks against the World Trade Center, the Pentagon as well as in Pennsylvania.

The new spirit of human rights enforcement in Indonesia through the ratification of Law no. 26 of 2000 became the main pillar to accommodate issues that attracted international attention. Law No. 26 of 2000 has shown the importance of regulating human rights enforcement, the regulation is also the main instrument to protect and guarantee human rights enforcement mechanisms in Indonesia. The author takes a legal problem on the comparative law of Law no. 26 of 2000 concerning the Human Rights Court which was adopted from the provisions of the 1998 Rome Statute. Several human rights activists took action, this was because the 1998 Rome Statute provisions were adopted imperfectly in article 42 of Law no. 26 of 2000 which caused problems in the enforcement of the Human Rights Court. Some of the perpetrators of gross human rights violations in Indonesia are generally parties with power or position, who can escape the applicable legal sanctions and are free from responsibility for the actions that have been committed by them or their groups. So it is important for the development of human rights in Indonesia to improve the norms of command responsibility in Article 42 of Law no. 26 of 2000. Based on these issues, the author will integrate several comparative laws and principles to get a concrete solution. The purpose of this research is to build a legal framework to strengthen the enforcement of Indonesian human rights. The methodology that will be used is a normative method with a conceptual approach. The findings of this study reveal that several human rights violations by the Command in Indonesia have not yet been resolved properly and have attracted international attention. In theoretical studies, the existence of the principle of command responsibility is considered difficult to prove in court. The involvement of human rights violators by the TNI command in several cases is evidence that the implementation of the command responsibility mechanism in human rights violations is far from being expected.

On the one hand, business entities have a huge potential to contribute to economic and social progress and consequently to the advancement of human rights. On the other, violations of human rights connected with business are very common. Although the Universal Declaration of Human Rights (UDHR) calls upon every organ of society, and thus business entities, to promote respect of human rights, the subsequent international human rights treaties, including the European Convention of Human Rights (the Convention), only oblige States to respect, protect and fulfill human rights. Against this backdrop, an attempt has been made to analyse the case-law of the European Court of Human Rights (the Court) with respect to the State's responsibility for business-related human rights violations. The analysis reveals that the State will bear responsibility for business-related human rights violations if acts or omissions of a business entity, amounting to a violation of a particular right guaranteed under the Convention, can be directly attributed to that State. This would occur, for instance, in case a company is considered a governmental organisation or where the State empowers a business entity to perform public authority functions. In this situation, the State would be responsible for violating its negative obligations under the Convention, namely its obligation to refrain from conduct that breach human rights through its own action or those of its agents. Furthermore, the State will bear responsibility for business-related human rights violations if it fails: (a) to regulate business activities in order to prevent business-related human rights violations; (b) to investigate business-related human rights violations; and (c) to establish effective remedies for this kind of human rights violations. In these situations, the State would be responsible for violating its positive obligations under the Convention. This paper describes the State responsibility for violations of its negative obligations in business and human rights context as a direct responsibility for business-related human rights violations while its responsibility for violation of positive obligations describes as indirect State responsibility for business-related human rights violations. The analysis also reveals that despite the Court's intention to interpret the Convention in accordance with general rules of international law, including rules on the State's responsibility for internationally wrongful acts, it has its own specific approach. In determining whether the State can be held directly responsible for acts or omissions of business entity the Court combines several criteria. It takes into account: (a) the company's legal status (under public or private law); (b) the nature of its activity (a public function or an ordinary commercial business); (c) the context of its operation (such as a monopoly); (d) its institutional independence (the extent of State ownership); and (e) its operational independence (the extent of State supervision and control). Through the dynamic interpretation of the Convention and the elaboration of the concept of positive obligations, the Court has, to a certain extent, succeeded in providing individual protection at international level for business-related human rights violations.

The United Nations is a worldwide organization devoted to promote international peace and security, economic and social growth, and human rights. From its founding in 1945, the UN has been involved in a number of disputes and violations of human rights, both as a mediator and as an active participant. This research investigates the UN's role in preventing wars and human rights violations all around the globe. Moreover, the UN has taken part in peacekeeping initiatives around the world, notably in Somalia, the Democratic Republic of the Congo, and Bosnia and Herzegovina. These missions, which tried to re-establish security and stability in conflict-affected areas, have received praise in some instances but condemnation in others. This research paper examines how the United Nations responds to wars and breaches of human rights all across the world. It will specifically look at how the UN has intervened in numerous crises and peacekeeping operations, as well as how it has attempted to remedy human rights abuses by forging international laws and conventions. The essay will also look at instances where the UN's handling of conflicts and violations of human rights has come under fire and explore alternative avenues for the organization to increase its efficacy in advancing security, fairness, and human rights. The chapter on the United Nations, Wars, and Human Rights Violations has included several outlines that explore different aspects of the subject. First, an introduction of the book and its goals is presented, along with a short description of the United Nations and its efforts to date to address international conflicts and breaches of human rights. Second, The United Nations and Conflict Resolution Examines the UN's Authorization of Military Force and Peacekeeping Missions. The UN's abilities to avert violence, protect people, and promote stability during crises would be assessed. Third, The United Nations and Human Rights," and it looks at how the organization has responded to crises like the Rwandan genocide and the war in Yemen by enacting international treaties and conventions meant to defend human rights. The effectiveness of the United Nations in addressing human rights abuses, both in terms of preventing and reacting to mass crimes, would be evaluated. Forth, The UN's Response to Conflict and Human Rights Violations: A Critical Analysis is a chapter that examines the criticisms leveled against the United Nations for its response to conflicts and human rights violations, such as its inability to resolve ongoing conflicts and its inadequate response to genocide and other mass atrocities. The accountability procedures of the United Nations would be analysed to see how well they promote accountability and justice. Fifth, Case Studies Including the Rwandan genocide, the war in Syria, and the present situation in Myanmar, this chapter gives thorough case studies of various conflicts and human rights abuses in which the UN has been engaged. The UN's reaction to these crises and the lessons learnt from them would be the focus of this chapter. Sixth, "The Future of the UN," and it discusses the obstacles that the United Nations (UN) must overcome to fulfil its mission of promoting international peace, justice, and human rights. Addressing the causes of conflicts, promoting sustainable development, and forming partnerships with member states and other stakeholders are all possibilities that might increase the UN's efficiency in dealing with these issues. Seventh, Conclusion: An overview of the book's major arguments and conclusions, together with a discussion of their relevance to philosophy, policy, and practice. Every topic is structured in a way that provides a clear and concise overview of the topic, examines relevant research and literature, and offers insights and analysis into the key issues. The chapter would be intended for a broad audience, including students, scholars, policymakers, and anyone interested in the United Nations and its role in addressing global conflicts and human rights violations.

Economic Sanctions Against Human Rights Violations

Over the past fifteen years, the international community has increasingly relied upon United Nations mandated mechanisms comprising commissions of inquiry, fact- finding missions, and investigations to help address gross violations of human rights and the often blatant disregard for the rule of law during periods of civil unrest, conflict, and post-conflict contexts. The primary reason for why this approach has been preferred centres upon the fact that achieving accountability through internationally mandated tribunals and prosecutions is not only difficult to realize but further complicated due to realpolitik permeating among relevant international decision- making structures. For example, to activate meaningful judicial accountability at the international level, agreement amongst the highest echelons of the United Nations vis- a- vis a Security Council resolution is required to mandate an accountability mechanism. Indeed, even a referral to the permanent International Criminal Court underpinned by the Rome Statute requires a Security Council referral for non- State parties. The complexity of activating these measures, however, has served to ensure the continuation of numerous protracted armed conflicts – characterized by the perpetration of atrocity crimes, violations of international humanitarian law, and violations and abuses of human rights – to the detriment of millions of civilians worldwide. This contribution finds that the Commissions of Inquiry on Syria and Libya have been able to advance the rule of law and the protection of human rights by investigating and reporting publicly on findings by all parties to these respective conflicts, in particular on atrocity crimes, violations of international humanitarian law, and violations and abuses of human rights perpetrated by non- State actors. Both Commissions have taken similar positions on the application of human rights to non- State actors, in that non- State actors that cannot formally become parties to international human rights treaties must nevertheless respect the fundamental human rights of persons in areas where such actors exercise de facto control. The contribution continues by exploring the roles of the Commissions of Inquiry for Syria and Libya in the general quest for prevention: i.e., can the establishment of these mechanisms deter belligerents from perpetrating abuses of human rights and disregarding the rule of law? The article argues that if UN- mandated mechanisms – including commissions of inquiry, fact- finding missions, and investigations – are well supported, especially when concerned States grant such bodies protected access on the ground, they can significantly act as a deterrent and contribute to the respect for human rights and the rule of law. This may be achieved particularly through their cooperation and sharing with accountability bodies and the documentation and preservation of evidence collected.

INTRODUCTION From Nike to Coca-Cola to Apple, the emergence of the corporate social responsibility (CSR) movement has led to the recognition of a duty on the part of multinational corporations (MNCs) to work to prevent and remedy human rights violations committed by their foreign subsidiaries and suppliers, regardless of where in the world the violations occur. The international community must now strengthen and utilise the momentum of the CSR movement and apply such a human rights framework to the problem of corruption in global supply chains. On the heels of more than a decade of calls for the recognition of a human right to live free of corruption, United States President Barack Obama lent legitimacy to the concept when he referred to pervasive corruption as a ‘violation of basic human rights’ in 2010. In the years preceding and since, a fair amount has been written about whether such a right exists and if so whether it could be deemed to bind corporations such that any causes of action arising there from could be adjudicated in an international or domestic court of law. This chapter accepts the prevailing view that international human rights protections generally do not bind corporations as a matter of hard law (with some notable exceptions). However, it also maintains that there is effectively an indirect, derived right to live in a corruption-free society, resulting from the relationship between corruption and human rights violations, i.e. systemic corruption frequently leads to and may cause violations of human rights. It further maintains that this right applies to corporations under John Ruggie's ‘Protect, Respect and Remedy’ framework (hereafter the Ruggie Framework or the Framework) and therefore must be incorporated into corporations’ CSR policies and internal compliance. While dispute remains as to whether corruption itself constitutes a human rights violation, it is certainly the prevailing view that systemic corruption entails and precipitates human rights violations. It follows that in order for companies to comply with their duty to respect human rights under the Ruggie Framework, those companies must prevent corruption from occurring within their supply chains. It is not possible to respect human rights without preventing corruption; therefore companies cannot be said to sufficiently respect human rights in their supply chains without making affirmative efforts to prevent corruption therein.

The second World Conference on Human Rights to be held in Vienna from 14 to 25 June 1993 has the chance of making use of the increased commitment to human rights, of many governments in both the North and the South for the goal of strengthening the UN human rights mechanisms by means of far-reaching reforms. In this article proposals are presented for improving the UN human rights program. The main features of the proposals are the transformation of the Trusteeship Council into a Human Rights Council with an overall mandate for the promotion, protection, prevention and enforcement of human rights; the establishment of a new Human Rights Commission, composed of independent experts, as the main UN body responsible for identifying future human rights violations and making recommendations to the Council for efficient preventive action. Situations of gross and systematic violations of human rights, identified as such by the Human Rights Council should in all cases be regarded as matters falling within the competence of the Security Council and requiring enforcement actions by that body. Other proposals concern a consolidated reporting procedure before an enlarged Human Rights Committee and the examination of individual and inter-State complaints by a UN Court of Human Rights. Furthermore, the creation of an International Criminal Court with a general jurisdiction for all crimes under international law and the establishment of a Special Commissioner for Human Rights is suggested. This Commissioner, in addition to carrying out human rights documentation, research, training and a development cooperation programme, should be entrusted with an independent mandate to initiate procedures for the prevention, protection and enforcement of human rights.

This article examines the relationship between international trade and the growth of human rights abuses. It offers dispute resolution, contract law, and a corporate social agreement to resolve these human rights issues. This article aims to present solutions to the growing human rights abuses in international trade because, throughout history, international trade has been a pillar in uniting societies, cultures, and peoples. With the growth of international trade, international trade law also grew. A key feature of the post-Modern era is the infusion of transnational corporations into every element of international society and culture. A direct result of this influence is a drastic rise in international human rights violations where individuals cannot find protection under international human rights laws or foreign domestic courts because such laws and courts do not have jurisdiction over transnational corporations, creating a perpetual cycle of human rights violations in international trade. This article presents a potential option to remedy these violations through alternative dispute resolution, contract law, and a corporate social agreement. This article employs qualitative and comparative research methodologies. The article includes an overview of historical and philosophical literature to establish how international trade and human rights development have consistently been connected. Additionally, the article analyzes international and state laws to delve into the gaps created by modern-day legal precedents to curtail human rights violations in international commercial trade. Through studying human rights violations within the context of international commercial trade and the existing, relevant international law, this article finds that a combination of alternative dispute resolution, contract law, and corporate social offers an innovative approach to resolving human rights issues faced by the international community. The significance of this article is to draw attention to the human rights violations occurring in the post-modern era due to international trade. Specifically, this article aims to present a workable solution to international human rights violations that can be implemented where international law fails to protect individuals in these situations.

Identifying potential abuses of human rights through imagery is a novel and challenging task in the field of computer vision, that will enable to expose human rights violations over large-scale data that may otherwise be impossible. While standard databases for object and scene categorisation contain hundreds of different classes, the largest available dataset of human rights violations contains only 4 classes. Here, we introduce the ‘Human Rights Archive Database’ (HRA), a verified-by-experts repository of 3050 human rights violations photographs, labelled with human rights semantic categories, comprising a list of the types of human rights abuses encountered at present. With the HRA dataset and a two-phase transfer learning scheme, we fine-tuned the state-of-the-art deep convolutional neural networks (CNNs) to provide human rights violations classification CNNs (HRA-CNNs). We also present extensive experiments refined to evaluate how well object-centric and scene-centric CNN features can be combined for the task of recognising human rights abuses. With this, we show that HRA database poses a challenge at a higher level for the well studied representation learning methods, and provide a benchmark in the task of human rights violations recognition in visual context. We expect this dataset can help to open up new horizons on creating systems able of recognising rich information about human rights violations.