Allegations Of Human Rights Violations Research Articles

The Indigenous People of Biafra's (IPOB) Self-Determination Movements and the Role of the United Nations.

This study examines “The Dynamics of Self-Determination Movements and the Role of the United Nations: A Case Study of the Indigenous People of Biafra (IPOB) in Nigeria.” The UN's lack of action and formal recognition of IPOB's agitation has undermined the protection of the rights of indigenous people in Nigeria, particularly the Igbo community. The study adopts a qualitative methodology, utilising a time-series research design and documentary analysis of credible secondary sources, including international NGO reports and UN documents. The theoretical framework employed is the Theory of Social Constructivism, which posits that the actions of states and international organizations are shaped by socially constructed norms, ideas, and identities. One key finding is that the UN's indifference can be attributed to complex political dynamics, member states' economic interests, and the prioritisation of territorial integrity over self-determination claims. It is recommended, inter alia, that the UN establish an independent commission or a special rapporteur to investigate allegations of human rights violations against IPOB members and the Igbo community, and hold the Nigerian government accountable for any violations.

‘Less Democracy Is Sometimes Better’: Sportswashing and Hosting World Championships by Non-Democratic Countries, 1993–2022

In recent years, the concept of sportswashing, understood as the actions of individuals, transnational corporations or governments using sports to improve reputations tarnished by misconduct, has become increasingly popular. Organizing sports events is one of the main methods utilized by countries attempting to deflect allegations of human rights violations. In the author’s opinion, this view, prevalent in scientific and journalistic discourse, should be verified using quantitative methods based on available historical data. Therefore, this article contains the results of a study on the organization of world championships in Olympic sports from 1993 to 2022 by countries with incomplete democracy, defined by Freedom House as ‘Partly Free’ or ‘Not Free’ countries. The Winter and Summer Olympic Games were excluded from the analysis because they had previously been discussed many times in the context of sportswashing. A total of 1,064 world championships in summer and winter Olympic disciplines were analyzed, confirming how many organizational rights were granted by international sports federations to non-democratic countries. The results also included a detailed division into individual disciplines and countries and showed that while in the 1990s and early 2000s, countries with a ‘Not Free’ status hosted world championships sporadically, the number of such cases has significantly increased in the last decade. The conclusion presents reasons for this situation arising directly from sportswashing, as well as other factors, such as the decline of interest in hosting sports events by societies in democratic countries.

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.

PEMOLISIAN TERHADAP MARGINALISASI DAN EKSKLUSI SOSIAL DALAM PEMBANGUNAN PROYEK STRATEGIS NASIONAL DI PULAU REMPANG

Supporting and safeguarding government policies is one of the state ethics that must be implemented by Polri, which if not implemented is a violation of the Polri professional code of ethics. In securing government policies, Polri is often faced with the dilemma of serving the interests of the government or the public interest. For example, in securing the development of the National Strategic Project (PSN) on Rempang Island, the police were faced with a series of rejections and resistance from residents who felt marginalized, resulting in riots, damage to facilities, injuries, and allegations of human rights violations. To overcome this, it is necessary to identify the dimensions of marginalization and social exclusion that occur, the factors that cause them and the policing strategies needed to overcome them. Using a library research approach with a case study pragmatic paradigm and a literature search method, this research found that the marginalization and social exclusion that occurred were structural, multidimensional and relational, including political, legal and human rights, economic, social and cultural dimensions. The marginalization is caused by the development paradigm, the lack of recognition of the existence and rights of indigenous peoples and the police paradigm. To overcome this, it is necessary to apply problem-oriented policing so that marginalization and social exclusion do not develop to endanger the safety and security of citizens by working with stakeholders to overcome marginalization, social exclusion, discrimination and inequality that occur, overcoming the factors that cause and impact, building relationships and trusting communication, disseminating information needed by citizens, facilitating aspirations and encouraging citizen participation, recognition, respect and protection of the existence, identity and human rights and rights of indigenous peoples, seeking citizen approval or agreement on solutions that have been formulated together before starting the development stage.

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.