Allegations Of Human Rights Violations Research Articles

Pelanggaran Hak Asasi Manusia pada Kasus Sengketa Lahan Perkebunan Tahun 2012 di Kabupaten Ogan Ilir Provinsi Sumatera Selatan

Countries all over the world recognize human rights as very important rights and need to be recognized in their constitutions. The protection of human rights is also regarded as an integral part of the rule of law, so States pay primary attention to this concept. Therefore, the security, peace, and stability of a country can be threatened by human rights violations. In this case in Indonesia there are frequent violations of human rights, both serious and mild. One of the allegations of human rights violations was a farmland dispute in Ogan Ilir Province of Sumatra Seiatan which resulted in one victim killed and four people suffered Iuka-Iuka, several human rights were violated, namely: the right to life, the right not to receive cruel treatment, the rights to safety and the rights of the child, and these rights are explicitly guaranteed in Act No. 39 of 1999 on Human Rights.

State's Presence in Fulfilling Human Rights for Illegal Immigrants of Rohingya in Aceh

The study delves into the phenomenon of Rohingya illegal boat migration to Indonesia's Aceh Province during the period of 2020–2023, amid allegations of human rights violations by the Myanmar government. It aims to elucidate the factors driving this migration while examining the Indonesian government's response in meeting the basic needs of Rohingya arrivals from a human rights perspective. Employing a qualitative research methodology with a descriptive analysis approach, this study utilizes a framework encompassing national policy, migration, and human rights principles. Findings reveal that most Rohingyas view Aceh as a temporary transit point en route to Malaysia, often resorting to various means, including escape from Indonesian detention facilities. Their undocumented status impedes legal entry into Malaysia, leaving many stranded in Aceh and other parts of Indonesia. International law mandates that the Indonesian government afford protection to these individuals. The study underscores the Indonesian government's adherence to international legal obligations in safeguarding the human rights and welfare of Rohingya immigrants, thereby highlighting implications for policy and humanitarian practice.

Türkiye İnsan Hakları Ve Eşitlik Kurumuna Yapılan Şikayet Başvurularında Kabul Edilebilirlik Koşulları

Ulusal insan hakları kurumları (UİHK), insanların temel haklarının ulusal düzeyde korunması ve geliştirilmesi için önemli mekanizmalar olarak kabul edilmektedir. 2016 yılında 6701 sayılı Kanun ile kurulan Türkiye İnsan Hakları ve Eşitlik Kurumu (TİHEK) 24.11.2017 tarihinden itibaren bazı konularda şikâyet başvurusu almaya başlamıştır. TİHEK’e ayrımcılığa maruz kalan kişiler ile ulusal önleme mekanizması çerçevesinde özgürlüklerinden yoksun bırakılan kişiler başvuru yapabilmektedir. TİHEK, insan hakları ihlallerine karşı resen araştırma yapmak, suç niteliği taşıyan eylem varsa ilgililer hakkında suç duyurusunda bulunmak, bu ihlallerin sona erdirilmesi için gerekli girişimlerde bulunmak yetkisine de sahiptir. Bu makale, TİHEK’e yapılan bireysel başvurularda kişi yönünden yetki (ratione personae), konu yönünden yetki (ratione materiae), zaman bakımından yetki (ratione temporis) ve yer bakımından yetkiye (ratione loci) ilişkin kabul edilebilirlik koşullarına odaklanmaktadır. Kabul edilirlik koşulları TİHEK kararları ışığı altında incelenmiş ve TİHEK’e başvurunun niteliği ile Kamu Denetçiliği Kurumu ve Anayasa Mahkemesinin temel hakların korunması hakkındaki başvuruların niteliği bakımından karşılaştırma yapılmıştır.

Contested Facts: The Politics and Practice of International Fact-Finding Missions

Abstract International organizations (IOs) dispatch fact-finding missions to establish epistemic authority by objectively and impartially assessing contested facts. Despite this technocratic promise, they are often controversial and sometimes even fuel international disputes that challenge the epistemic authority of the dispatching organizations. Although the twenty-first century has witnessed a proliferation of United Nations (UN) commissions of inquiry, they have received surprisingly little attention in international relations (IR) scholarship. How can we explain this trend and the successes and failures of fact-finding missions, which sometimes even backfire on the IO authority? Drawing on IR theories of delegation, epistemic authority, and IO field operations as well as public international law scholarship on commissions of inquiry, this article develops an analytical framework for studying the delegation, implementation, and dissemination of fact-finding missions. It theorizes how and under what conditions international fact-finding missions close or widen credibility gaps and thus help to establish, maintain, or weaken the epistemic authority of IOs. The article illustrates this framework with a case study of the Ad Hoc Working Group on the Human Rights Situation in Chile, sent by the UN Commission on Human Rights in 1974 to investigate allegations of human rights violations and torture. The conclusion outlines a comparative research agenda on international fact-finding missions for IR that contributes to the study of knowledge production in IOs and the enforcement of international norms.

Where does the buck stop? UK Home Office and other statutory body responses to allegations of human rights violations in two Serco-run hotels housing people seeking asylum

RAPAR applies our participatory action research methods to amplify the living experience of families seeking asylum in the UK who are in ‘contingency accommodation’, aka ‘hotels’, and claiming human rights abuses on these sites. From all over the world, these people are without status in the UK and are therefore without recourse to the public funds that are, theoretically, available to everyone living in the UK with status. Their complete legal dependence on the Home Office and its subcontractors to ‘look after’ them and deal with any complaints leads to the question: why would anyone choose to challenge any organisation about human rights violations when that same organisation exercises such profound control over their day to day living reality? The data comprises contemporaneously collected evidence from individual correspondence, questionnaires, semi-structured conversations and case studies with hotel residents. Our preliminary analysis demonstrates considerable failures of statutory bodies in implementing their statutory duties. No evidence of meaningful investigation by any implicated statutory authority, or their privatised sub-contractors, into the human rights violation allegations asserted by hotel residents has been produced. The Local Authorities and the NHS insist that the Home Office is responsible for hotel residents within their boundaries. In turn, the Home Office, including Greater Manchester Police and sub-contractors Serco and Migrant Help, have failed to address the allegations in any transparent way. We call for immediate action that enables hotel residents to safely protect themselves and stimulates inclusive solution-making, with them, to end these human rights violations.

Human Rights Violation Settlement by Regional Office of Ministry of Law and Human Rights In Maluku Province Through Public Communication Service

Introduction: Currently, there are many human rights violation allegations in Maluku either done vertically by Government or horizontally by the society. High number of complaints received by the People Communication Service (Yankomas) team in the Regional Office of Ministry of Law in Maluku and Human Rights indicates this phenomenon. Yankomas is tool to settle human rights violation allegation that has its legal ground on the Presidential Regulation Number 75 Year 2015 about National Human Rights Action Plan 2021-2022.Purposes of the Research: The purpose of this study is to examine the procedure for resolving allegations of human rights violations and mapping the handling of cases of alleged human rights violations through the Community Communication Service at the Maluku Kemenkumham Regional Office.Methods of the Research: This study uses empirical legal research methods related to phenomena and facts that occur in the field, especially those faced by members of the Community Communication Service Team of the Moluccas Kemenkumham Regional Office. The approach used is the statutory approach and the case approach.Results of the Research: In the year 2021-2022 complaints that enter the Regional Office of the Ministry of Law and Human Rights Maluku in the form of written complaints and verbal complaints, the number of complaints in this period has increased. The role of Yankomas in resolving allegations of human rights violations satisfies the complainants because all incoming complaints are properly resolved or explained. The settlement is carried out by inviting the reported party and other relevant stakeholders in a coordination meeting in which solutions and solutions are sought for the problems complained of. Public Communication Services should continue to be developed considering the high number of public complaints who are starting to realize that there is a role for the state to protect, promote the enforcement of human rights.

Business and Human Rights: an analysis of attempts to neutralize allegations of human rights violations

Resumo Análise das tentativas de empresas de neutralizar denúncias de violações contra os Direitos Humanos (DH). A revisão da literatura concentra-se nas noções que o termo DH adquiriu na área de negócios. O material empírico é composto por fontes secundárias como jornais, portais de notícias, relatórios produzidos por organizações não governamentais (ONGs), blogs e outras publicações decorrentes de iniciativas voltadas às causas ambientais e de DH. Este material empírico foi a base para a análise de denúncias de violações aos DH de nove multinacionais e, ainda, valendo-se do aporte teórico e de fontes selecionadas, utilizou-se a análise temática (AT) como proposta metodológica para atingir os objetivos. Os resultados mostraram que as empresas atuam como players globais e adotam posturas corporativas de cumplicidade, abstenção de responsabilidade e uma recorrente tentativa de negação, por meio da desqualificação e desacreditação das denúncias, criação de gabinetes de guerra e uso de estratégias de negação como a negação do passado, literal e implicatória.

Executorial Strength of Community Communication Services Recommendations in Settlement of Case Assumptions of Human Rights Violations

The research goal was to analyze the executive power of a recommendation for public communications services to protect human rights. This type of research is normative legal research with a conceptual, legal and historical approach, using primary, secondary and tertiary legal material. The legal material obtained was processed and analyzed normatively. Based on the results of the study, it is concluded that the regulation of the executive of a recommendation for community communication services is regulated in No. 32 of 2016, as an attempt by the government to encourage the resolution of alleged human rights violations as a form of protection and compliance with human rights. The existence of community communication services in resolving allegations of human rights violations has no permanent legal force (enforceable title), but rather the power of coordination and communication in bridging the reported party and authorities suspected of committing human rights violations, which to be resolved in stages, as set out in the Flow Guidelines Dealing with human rights issues by the Yankomas Implementation Team in the regions

Extradition Between European and African Countries: Overcoming the Challenges

Although EU states use the European Arrest Warrant (EAW) for the purpose of surrendering a person who is accused of committing an offence or who has been convicted of an offence, they use extradition when dealing with countries outside the EU. However, they use surrender when dealing with the International Criminal Court (ICC). Thus, extradition is one of the ways in which African and European countries (especially EU members) are cooperating in the fight against crime. Case law from courts in some African and European countries and from the European Court of Human Rights, the Human Rights Committee and the Committee against Torture, shows that extraditions between African and European countries have been delayed or hampered by allegations of human rights violations in the requesting state. These allegations have focused on mainly two rights: the right to a fair trial and the right to freedom from torture. The European Court of Human Rights has held that the extradition of a person should not go ahead if his or her trial was or will amount to a flagrant denial of justice or where there is a real risk of being subjected to torture. Although African courts and international human rights bodies have also held that extradition should not go ahead where there is a real risk that the person will be subjected to torture or where his/her trial will be unfair, they have not adopted the ‘flagrant denial of justice’ test. The case law also shows that some people have challenged the legal basis for their extradition. This article highlights this case law and suggests ways in which some of the challenges associated with extradition could be overcome. The article demonstrates that courts in some African and European countries have considered the nature of extradition enquiries. In some countries, such as Kenya, courts have held that extradition enquiries are criminal proceedings. However, in the United Kingdom, courts have held that extradition enquiries are criminal proceedings of a special type. There is consensus that extradition enquiries are not civil proceedings.

The role of non-state actors in the fight against of terrorism and insurgency in Nigeria

The article examines the role of non-state actors in the fight against terrorism and insurgency in Nigeria. Relying on secondary data, the history and nature, reasons for emergence, modus operandi, issues and challenges of selected nonstate actors were explored. Group Theory was adopted in attempt to understand this phenomenon. Selected non-state actors were discussed. For example the Civilian Joint Task Force (CJTF) - a formal organisation established to synergize well-meaning individuals and groups within the community to deal with terrorism and insurgency was discussed. In Nigeria the federal and state governments have each endorsed or encouraged the use of non-state actors in their bid to tackle terrorism and insurgency in line with the spirit of community policing. Though the outcome of this has been relatively successful, however, this cooperation has been saddled with sometimes proven allegations of human rights violations and other crimes. Hence, efforts should be made to provide formalized structures for organized non-state actors to avoid undesirable political, security and legal consequences.

A Call for Public Participation in the Treaty-making Process in South Africa: What can South Africa Learn from the Kingdom of Thailand?

On 2 August 2002 South Africa signed the Southern African Development Community (SADC) Protocol on Tribunal and the Rules of Procedure Thereof, thus effectively recognising and accepting the jurisdiction of the SADC Tribunal. Among the cases received by the SADC Tribunal was a complaint involving allegations of human rights violations by the government of Zimbabwe. It ruled that the government of Zimbabwe had violated human rights. Consequently, Zimbabwe mounted a politico-legal challenge against the existence of the Tribunal. This resulted in the review of the role and functions of the Tribunal in 2011 which resulted in the Tribunal being barred from receiving new cases or proceeding with the cases that were already before it. Furthermore, on 18 August 2014, the SADC Summit adopted and signed the 2014 Protocol on the Tribunal in the SADC which disturbingly limits personal jurisdiction by denying individual access to the envisaged Tribunal, thus reducing it to an inter-state judicial forum. This article critically looks at the decision of 18 August 2014, specifically the legal implications of the Republic of South Africa’s signing of the 2014 Protocol outside the permissible procedure contained in article 37 of the SADC Protocol on the Tribunal. It proposes that South Africa should correct this democratic deficit by introducing public participation in treaty-making processes in order to prevent a future situation where the executive unilaterally withdraws from an international treaty that is meant to protect human rights at a regional level. To achieve this, this article makes a comparative study between South Africa and the Kingdom of Thailand to learn of any best practices from the latter.

The Circuits of Anti-Communist Repression between Asia and Latin America during the Second Cold War: Paraguay and the World Anti-Communist League

This article studies the relationships established between the World Anti-Communist League (WACL) and South-American and Asian anti-Communist organizations and military dictatorships in the 1970s. The proposed hypothesis is that these anti-Communist regimes intensified the ties between them to obtain legitimacy since they faced increasing allegations of human rights violations and reduced international diplomatic recognition. This Asian-Latin American alliance was established and strengthened when the US government began to oppose to these anti-Communist regimes. The Twelfth WACL Congress, held in Asuncion in 1979, is offered as a case study.

Corporate Social Responsibility, Business Opportunities and States’ Fragility or Failure: Colombia and DR Congo

The recurring allegations of human rights violations directly or indirectly caused by the activities of MNEs pose many challenges and particularly affect developing States in contexts of fragility and conflict. In such situations, transnational corporate structures, limited liability veils, fragmented jurisdictions and unwilling or unable States are overwhelmingly quoted as the main obstacles for a fairer globalization. This article is aimed at shedding some light on the last of these factors: why some States seem to be unable or unwilling to protect human rights, in general terms and with regard to transnational corporate activities. A proper and pertinent Corporate Social Responsibility can help break this vicious circle, but companies need a paradigm shift to reasonably operate in those difficult circumstances.

“Just Business” – Is the Current Regulatory Framework an Adequate Solution to Human Rights Abuses by Transnational Corporations?

Parallel to exponential proliferation and ever-increasing allegations of human rights violations by transnational corporations, the sparks produced by the friction between the normatively distinct disciplines of business and human rights have invited scrutiny across the media, academia, and industries alike. Given the fact that regulatory capacities of home and host states have evidenced an inability to keep pace with the developments, concerted efforts at the international level are imperative. By constructing its own benchmark of adequacy with reference to regulatory instruments' underlying objectives, this Article explores whether the existing regulatory framework is adequate, with a particular focus on the UN Framework and UN Guiding Principles—currently the most robust regime yet. The Article's analysis centers on (1) the terminologies utilized, (2) the human rights due diligence mechanism, and (3) access to remedies requirements, to reveal their inherent inadequacy with the hope of warning against uncritical acceptance and to inform future developments.

Sistema interamericano, empresas transnacionales mineras y estados de origen: improcedencia de la excepción de falta de jurisdicción entre estados miembros

<p>En América Latina se ha registrado un incremento en las denuncias por violaciones de los derechos humanos ligadas con la actividad transnacional de las empresas mineras. Hasta el momento, el tratamiento jurídico de esas vulneraciones se ha estructurado en torno al ejercicio “eficaz” de la jurisdicción estatal y la atribución de responsabilidad internacional a los Estados anfitriones de las empresas transnacionales, ante la ausencia de un tratado vinculante sobre responsabilidad empresarial. Sin embargo, esta imputación es insuficiente pues —con fundamento en la falta de jurisdicción territorial— deja de lado la responsabilidad internacional de los Estados de origen de las empresas transnacionales. A partir de un análisis crítico, normativo, doctrinal y jurisprudencial del Sistema Interamericano de Derechos Humanos, este artículo sugiere que la excepción de falta de jurisdicción no debe ser procedente entre Estados que pertenecen a un mismo sistema de protección de derechos humanos. Planteamos que en aras de la necesidad de cooperación, la vocación de universalidad y el carácter expansivo de los derechos, los Estados miembros de un mismo sistema de protección son responsables internacionalmente, cuando sus acciones u omisiones frente a las empresas transnacionales sean insuficientes para evitar un daño extraterritorial en materia de derechos humanos.</p>

Editorial

This edition of PER consists of eight contributions; six articles and two notes. In the first article, Angelo Dubeanalyses the interaction amongst African States that eventually led to the development of universal jurisdiction regulations within their individual legal systems to determine if one can say that there is indeed an African signature in those legal rules. Anél Ferreira-Snyman deals with the rapid development of space technology and space flight which has rendered article IV of the Outer Space Treaty dealing with the military use of outer space outdated and in dire need of change. Moses Phooko's article investigates whether the Southern African Development Community (SADC) Tribunal has jurisdiction to deal with cases involving allegations of human rights violations. Analogous to the situation of Chinese people in South Africa who chose to be defined as "Black People" in terms of the Employment Equity Act 55 of 1998 as well as the Broad Based Economic Empowerment Act 53 of 2003, Enyinna Nwauche examines the possibility that people living under a system of customary law may change their legal system by choosing another one. The last two articles, written in two parts by Andre Louw, deals with theEmployment Equity Act 55 of 1998. In the first part, he critically examines the organising principle of the affirmative provisions of this Act and assesses if it is in line with the constitutional requirements for a legitimate affirmative action programme or measure. In the second part, he critically evaluates the Constitutional Court judgment inSouth African Police Service v Solidarity obo Barnard 2014 6 SA 123 (CC), and highlights what he thinks the biggest areas of disappointment of this judgment are within the context of South Africa’s equality jurisprudence.In the first of two notes, Zsa-Zsa Boggenpoel analyses the Constitutional Court's use of the common law remedy ofmandament van spolie in Ngqukumba v Minister of Safety and Security 2014 5 SA 112 (CC). In the second note and last contribution of this edition, Petronell Kruger discusses the case of Western Cape Forum for Intellectual Disability v Government of the Republic of South Africa 2011 5 SA 87 (WCC), which dealt with the challenges faced by persons with disabilities relating to access to education in South Africa.

Editorial

This edition of PER consists of eight contributions; six articles and two notes. In the first article, Angelo Dubeanalyses the interaction amongst African States that eventually led to the development of universal jurisdiction regulations within their individual legal systems to determine if one can say that there is indeed an African signature in those legal rules. Anél Ferreira-Snyman deals with the rapid development of space technology and space flight which has rendered article IV of the Outer Space Treaty dealing with the military use of outer space outdated and in dire need of change. Moses Phooko's article investigates whether the Southern African Development Community (SADC) Tribunal has jurisdiction to deal with cases involving allegations of human rights violations. Analogous to the situation of Chinese people in South Africa who chose to be defined as "Black People" in terms of the Employment Equity Act 55 of 1998 as well as the Broad Based Economic Empowerment Act 53 of 2003, Enyinna Nwauche examines the possibility that people living under a system of customary law may change their legal system by choosing another one. The last two articles, written in two parts by Andre Louw, deals with theEmployment Equity Act 55 of 1998. In the first part, he critically examines the organising principle of the affirmative provisions of this Act and assesses if it is in line with the constitutional requirements for a legitimate affirmative action programme or measure. In the second part, he critically evaluates the Constitutional Court judgment inSouth African Police Service v Solidarity obo Barnard 2014 6 SA 123 (CC), and highlights what he thinks the biggest areas of disappointment of this judgment are within the context of South Africa’s equality jurisprudence.
 In the first of two notes, Zsa-Zsa Boggenpoel analyses the Constitutional Court's use of the common law remedy ofmandament van spolie in Ngqukumba v Minister of Safety and Security 2014 5 SA 112 (CC). In the second note and last contribution of this edition, Petronell Kruger discusses the case of Western Cape Forum for Intellectual Disability v Government of the Republic of South Africa 2011 5 SA 87 (WCC), which dealt with the challenges faced by persons with disabilities relating to access to education in South Africa.
 

No longer in suspense: Clarifying the Human Rights Jurisdiction of the SADC Tribunal

The Southern African Development Community Tribunal's (SADC Tribunal) decision in the matter of Mike Campbell (Pvt) Ltd v Republic of Zimbabwe 2008 SADCT 2 (28 November 2008) demonstrated its ability to utilise the principles contained in the Treaty of the Southern African Development Community when it ruled that it had the power and competency to adjudicate over a human rights case. The aforesaid decision was hailed by many scholars as a progressive judgment in the SADC region that would promote the rule of law and ensure that member states respected their treaty obligations in their own territories. Unfortunately, the same judgment resulted in the suspension of the SADC Tribunal in 2010 because it had purportedly acted beyond its mandate when it adjudicated over a case concerning a human rights dispute. This article investigates whether the SADC Tribunal had jurisdiction to deal with cases involving allegations of human rights violations. In addressing this question, this article will discuss the powers (implied and tacit) of international organisations as understood within international law. In addition, the study will ascertain how the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia have dealt with cases that involved disputes concerning a tribunal or an international organisation that was said to have acted beyond its mandate. The study will also make reference to the East African Court of Justice and the Economic Community of West African States Court of Justice as they have also dealt with implied powers when they were confronted with cases concerning human rights abuses. Certain decisions of the SADC Summit of Heads of States or Government (Summit) and the Council of Ministers whose roles include the control of functions and/or overseeing the functioning of the SADC will also be referred to in this study.

Striking a balance between community norms and human rights: The continuing struggle of the East African Court of Justice

The article exposes the difficult position in which the East African Court of Justice (EACJ) finds itself when faced with matters containing human rights allegations, which the Court is barred from deciding as such. The EACJ is often called upon to draw a line between what might constitute a human rights case and a claim relating to an East African Community (EAC) norm which is not barred under article 27(2) of the East African Community Treaty. As the main judicial mechanism of the EAC, the EACJ is primarily mandated to interpret and apply EAC law, of which human rights form part. Despite the existing limitations, the EACJ has clearly laid down its position that it cannot 'abdicate' exercising its interpretive mandate, even if a matter before it contains allegations of human rights violations. In doing so, the EACJ has indirectly protected human rights in the EAC through other forms of cause of actions, such as the rule of law and good governance. This contribution advances two key arguments: First, the EAC Treaty contains human rights norms that the EACj cannot escape from interpreting. Second, due to the continuing restrictions in adjudicating human rights, as well as the existing human rights norms in the EAC Treaty, the EACJ is trapped in precarious attempts to balance the advancing of EAC norms, on the one hand, and adhering to the Treaty restrictions in adjudicating human rights, on the other. Key words: East African Court of Justice; human rights; jurisdiction; sub-regional courts; African economic communities

Sustainable development for whose benefit? Brazil's economic power and human rights violations in the Amazon and Mozambique

The Brazilian government, led for two consecutive terms by the socialist Partido Trabalhadores (Worker's Party), is enabling an overwhelmingly state-funded public–private partnership (PPP) to perpetrate human rights abuses against indigenous peoples and riparian communities in its Amazon region. This article considers the human cost of facilitating an explicitly neoliberal form of economic development for the benefit of large corporations – the primary vehicle through which states grow and develop their economies. It will also show how the world's second-largest transnational mining company, Brazilian Vale SA, undermines human rights and positive state obligations in Mozambique, in exploiting the coal reserves there. The article frames this complex scenario within the business and human rights discourse, with an emphasis on the political economy of human rights violations. It first defines the role of the corporation within neoliberalism, then assesses whether international human rights law is able to prevent corporate human rights violations, or violations of the rights of specially protected indigenous citizens. This article concludes that Brazil's economic development policy and the actions of its leading transnational corporation – due to extensive allegations of human rights violations at home and abroad – are inimical to the principles of truly sustainable development.