Alleged Human Rights Research Articles

Knocking on a Locked Door: Assessing Canada’s Response to Attacks Against Human Rights Defenders

Abstract For over two decades, Canadian corporations have been the subject of severe allegations of human rights and environmental violations related to the forced imposition of their operations abroad. Despite the growing consensus within the literature and international governance community that Canadian corporations—especially within the extractive sector—are serial perpetrators of grave human rights violations and despite Canada’s international legal obligations, at present there are very little ‘hard law’ mechanisms available to hold corporations to account. Whereas much literature has been dedicated to how Canadian corporations are facilitated by advocacy and lobbying efforts at the level of Canadian embassies in home-state-countries, much less studied is how these same state actors work towards protecting and preventing human rights defenders from harm. In this article we critically analyse the implementation of the Canadian government’s Voices at Risk guidelines (2016) from the perspective of two Canadian human rights advocacy Civil Society Organizations (CSOs) supporting communities in Guatemala, drawing from email and verbal communications as well as Access to Information Requests from 2016 to 2021 regarding the Escobal mine. We assess the usefulness of advocacy at the level of embassies as a way of protecting defenders and demonstrate that, in our experience, calls for support to defenders were ignored. We argue that, within the context of foreign policy which prioritizes trade and investment over all other government policies and wherein corporate violence is met with impunity, current Canadian policies aimed at protecting human rights defenders are essentially useless as an advocacy strategy.

Self-Determination v Remedial Secession: The Status of Republic of Artsakh (Nagorno-Karabakh) under International Law

Nagorno-Karabakh is a region situated between Azerbaijan and Armenia, which has been the subject of a territorial dispute between the two neighbouring countries. The region declared independence as Republic of Artsakh and separated from Azerbaijan. Azerbaijan accused Armenia of unlawfully intervening in the formation of Artsakh, while Artsakh claimed its independence was legal under the Soviet's Law of Secession, asserting its right to self-determination. Artsakh also pointed to human rights abuses and systematic discrimination by Azerbaijan as reasons for its secession. This paper examines the legitimacy of Artsakh's secession and considers the role of alleged human rights violations by Azerbaijan for its legitimacy. International law demonstrated that practices of secession were somewhat accepted provided that a lawful ground has been adequately fulfilled as a mandatory part of divorcing a territory from its mainland. However, Artsakh’s secession from Azerbaijan is not provided by a solid, reasonable measure as a “remedial” for all the casualties that had taken place. Also, on historic ground, Artsakh failed to provide sufficient records and proof to attest to its legitimacy as a separate entity utterly detached from Azerbaijan.

Entendendo o apoio dos países muçulmanos às ações da China em Xinjiang: uma análise qualitativa e comparativa

Abstract This study examines why 23 Muslim-majority countries supported China at the United Nations Human Rights Council (UN/HRC) in 2019, despite allegations of human rights abuses against the Uyghurs in Xinjiang. Using a fuzzy-set qualitative-comparative analysis (fsQCA), we compared the factors that led Muslim-majority and non-Muslim countries to support China. Our analysis found that Political Regime Affinity (PRA) was a necessary but not a sufficient condition for Muslim-majority countries to support China, while China’s Foreign Aid (ODA) was a necessary but not sufficient condition for non-Muslim countries. These findings suggest that ideological factors, related to the autocratic political regime (PRA), played a significant role in Muslim-majority countries’ decision to support China in the UN/HRC in 2019. However, it is important to note that other factors may have also been involved. These findings have important implications for understanding the complexities of international relations and the factors that shape states behaviour.

Price volatility, human rights, and decarbonization challenges in global solar supply chains

Abstract From 2020 through 2022 the solar industry experienced supply chain disruptions that caused price increases and trade restrictions, causing project delays and cancelations. News reports resurfaced allegations of human rights abuses in Xinjiang, China, where a significant share of the industry supply chain is concentrated, which raised new policy and ethical dilemmas about materials sourcing for governments and buyers, and revealed a vulnerable supply chain. Fixing the weak links in solar supply chain will require multiple interventions that diversify the geography of manufacturing and lead some countries to re-shore production. Increased attention to sustainability and low carbon manufacturing initiatives through public policy, standards, and certification would hasten these developments and maximize the benefits of solar investments. Solar supply chains are vulnerable to disruptions that can be addressed by policy and best manufacturing practices.

Civilian Surveillance in the War in Ukraine: Mobilizing the Agency of the Observers of War

The war in Ukraine sees local and foreign civilians play active roles in the conflict, mainly through the participatory gathering and sharing of intelligence and open-source investigations of alleged human rights violations and war crimes. These surveillance practices seen in the war in Ukraine are not novel. Vigilantism campaigns have normalized since the War on Terror, while open-source information is increasingly recognized as a legitimate tool for human rights and international criminal justice investigation. Yet, their importance in the war in Ukraine highlights the agentic power of civilian surveillance. The proliferation of digital technologies empowers civilians to become inevitable actors in all spheres of politics, including war. However, across these practices, I argue that the Ukrainian government and its Western allies harness this agency as operational and narrative weapons. Patriotism and morality are pushed forward to mobilize individuals to participate in the war despite the risks that vigilantes and open-source investigators have to assume: risks of retaliation by Russian forces and lost independence.

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.

Negócios e direitos humanos: uma análise das tentativas de neutralizar as denúncias de violações contra os direitos humanos

Abstract This article analyzes companies’ attempts to neutralize allegations of human rights (HR) violations. The literature review focuses on the meanings HR gained in businesses. The empirical material comprises secondary sources such as newspapers, NGO reports, blogs, and other publications resulting from initiatives aimed at environmental causes and HR. Based on the empirical material, we analyzed the denunciations of HR violations by nine multinationals and we used thematic analysis based on the theoretical contribution and the selected sources. The results showed that companies, as global players, adopt corporate complicity attitudes abstaining from responsibilities and a recurring attempt to deny complaints by disqualifying and discrediting them, denying the past, literally and implicitly, and creating war cabinets.

Legal Standing and Public Interest Litigation— Are All Erga Omnes Breaches Equal?

Abstract Public interest litigation over erga omnes breaches is commonly associated with abuses that are widespread or systematic, such as cases of genocide or crimes against humanity. By contrast, the prospect of such litigation over more isolated breaches causing harm to specific individuals is mostly ignored. Imagine, however, inter-State proceedings over (proven or alleged) human rights abuses in highly politicized and mediatized cases involving figures such as Julian Assange or Jamal Khashoggi. An alluring prospect to some; lex horrenda for others? The present paper tackles two questions that arise in this context. First, are such proceedings subject to the same admissibility requirements as applicable to the exercise of diplomatic protection (as the ILC has suggested in the past)? Second, is or should public interest litigation be limited to serious and widespread breaches, to the exclusion of more “isolated” ones? With regard to the first question, it is argued that the duty to exhaust local remedies applies mutatis mutandis to public interest litigation, but that the nationality requirement does not. As to the second question, the analysis concludes that a negative answer is in order.

MNOC'S LEVEL OF ENGAGEMENT WITH HUMAN RIGHTS OBLIGATIONS IN TRANSNATIONAL LITIGATIONS FROM THE NIGER DELTA

The approach that Multinational Oil companies (MNOCs) use to comply with their human rights obligations translates to the different levels of engagement with stakeholders. For example, concerns regarding alleged human rights and environmental violations of MNOCs usually start with a notification, and then a formal complaint and if this is handled improperly will result in litigation. The ways MNOCs handle the disputes reflects whether the company pursues an inactive, reactive, active or proactive level of engagement with its human right obligations. This paper evaluates each level of engagement against a selected set of transnational human rights and environmental litigations arising from the Niger Delta. This evaluation reveals that MNOCs with a proactive approach considers the engagement and implementation of their human right obligations as a shared societal responsibility and are more inclined to look at the background of the complaint to solve the underlying problems in collaboration with all stakeholders. This paper, therefore, concludes that a proactive approach will lead to an improvement in human rights and environmental protection, in partnerships with local governments, local communities, and NGOs.

Temporarily Aligned Interest: Cooperation Between Turkey and The United States in The Syrian Civil War

The Syrian Civil War, starting from 2011 and still ongoing, is one of the largest conflicts in the region which highly affected the overall stability of the region and has involved several parties. With multiple factions fighting each other inside the territory of Syria and sometimes clashing through the border regions of neighbouring countries, it is inevitable for Syria’s neighbours such as Turkey to react. With the decreasing regional stability of the Middle East, a region which has caught the interests of many other powers such as The United States due to its abundance of resources (primarily oil), western nations too eventually take action towards the civil war. Condenming the Syrian Government under President Bashar Al Assad for alleged human rights violations towards their own citizens, the United States along with Turkey sided with anti-government rebellions and actively supported them by supplying weapons and munitions, along with providing military training. However, despite having mutual interest on supporting anti-government rebels and later countering ISIS offensives, the Interests of Turkey and US are not always in-line with each other.

Mao Zedong, China and Black Liberation

ABSTRACT Since Black Lives Matter (BLM) rose to prominence, liberal democracies have been internally divided over their response to the movement. Whilst some politicians have supported BLM’s struggle against anti-black racism, others have condemned it as unnecessary, or even harmful to democracy. China, by contrast, has displayed unwavering solidarity with BLM, by providing it with official coverage and support. In an attempt to discredit these efforts, liberals have portrayed China’s solidarity statements as pragmatic gestures, designed to draw attention away from its alleged human rights violations. This article shows that these accusations are baseless. China’s support for the black liberation struggle precedes BLM; and is rooted in the revolutionary internationalism of its founder, Mao Zedong. Under the leadership of the Communist Party of China, the Chinese state has developed Mao’s Marxist analysis of the African American struggle. In doing so, China has helped BLM expose the racist core of US capitalism.

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

Konstruksi Media Online Detik.com dan Kompas.com terhadap Vanuatu

Vanuatu is one of the Pacific Island countries that consistently raises the issue of alleged human rights violations in Papua at every opportunity at the UN session. On September 27, 2020, Vanuatu, represented by the Prime Minister of the Republic of Vanuatu, Bob Loughman, returned to address the issue related to human rights violations of the Papuan at the 75th UN session. Vanuatu's statement and its reply from the Indonesian diplomat, Sylvany Austin Pasaribu, at the 75th UN session became the spotlight of various media. Detik.com and Kompas.com as online media pioneers and one of the most frequently accessed news sites, were also reported that occurrence. This research aims to find out the differences between those media on packaging its report of Vanuatu after the issue of Papuan human rights violations was raised at the 75th UN General Assembly. The news period under research is from 27 September to 2 October 2020. This research uses qualitative research method with the Zhongdang Pan and Gerald M Kosicki framing analysis model. In this research, Detik.com was more likely to corner Vanuatu. This matter can be seen in terms of quantity and packaging of news. Meanwhile, Kompas.com, didn't put Vanuatu in an advantageous position, but was trying to show balance in its report.

Interim measures as human rights protection instruments: to the problem statement

Conceptual approaches to defining the nature and the scope of interim measures implementation as an instrument of human rights protection at international and national level are analyzed. The widespread use of interim measures as international standard of urgent respond to alleged violations of human rights has not led to the implementation of the legal institute concerned at the national level. Accordingly, this analysis aimed at defining the grounds of interim measures as human rights protection instrument application to be used by the state as an immediate response to human rights violations and possible violations. European Court of Human Rights has a great practice of interim measures granting. Interim measures are granted by the Court only in clearly defined conditions, namely where there is a risk that serious violations of the Convention might occur. A high proportion of requests for interim measures are inappropriate and are therefore refused. Besides, interim measures are applied upon request of the applicant claiming about alleged violations of his or her human rights. At the national level interim measures should/may be granted upon request of the applicant or by the duty-bearer’s initiative to prevent possible human rights violations. The grounds of interim measures granting should also be defined – the best international practice should be used taking into account the Ukrainian context. Another core issue analyzed is defining duty-bearers – subjects enforced to grant interim to prevent abuse in the sphere concerned. It is obvious that court shall be the only authority to resolve the substantive case of alleged human rights violation. However, public and local authorities shall be enabled to grant interim measures to prevent the possible violations. With this, the scope and the sphere of its application at the national level shall be broader in comparison with the case law of the European Court of Human Rights.

THE SUSPENSION OF THE SADC TRIBUNAL

1. Introduction In August 2012 the Summit of the Heads of State and Government of the Southern African Development Community (SADC) held in Maputo, Mozambique, decided to suspend from operation one of key institutions the SADC Tribunal. As the resolution stated: 24. Summit considered the Report of the Committee of Ministers of Justice/Attorneys General and the observations by the Council of Ministers and resolved that a new Protocol on the Tribunal should be negotiated and that mandate should be confined to interpretation of the SADC Treaty and Protocols relating to disputes between Member This unprecedented action followed several months of tit for tat particularly between the Tribunal and Zimbabwe mostly over white commercial farms' invasions by so-called war veterans. The essence of this decision simply is to oust the jurisdiction of the Tribunal from entertaining alleged human rights violations at the instance of individual victims such as the white commercial farmers from Zimbabwe who besieged the Tribunal complaining about the Zimbabwe government's land grab policy. It made this quite clear with the injunction that its mandate should be confined to interpretation of the SADC Treaty and protocols relating disputes between Member States. This is a cowardly response to the victory by Zimbabwe white farmers at the Tribunal based on a law the SADC Member States' themselves adopted apparently for the good of the region. Civil society tried to fight this draconian decision with all means at their disposal but the Summit would hear none of it. Combining their efforts, the Southern African Litigation Centre, the SADC Lawyers Association as well as the International Commission of Jurists (ICJ) Africa Office, among others, held a series of meetings and workshops to express their displeasure and rejection of the Summit decision. When they were not heard, civil society decided to take the matter to the African Court on Human and Peoples' Rights for Advisory Opinion on the decision of the SADC Summit. The Opinion is still being awaited. However, following this instruction, the SADC Secretariat convened a meeting of SADC Ministers of Justice Troika in late February 2013. A meeting of the Council of Ministers took place the following week. Surprisingly, the Ministers' meetings were very contentious. Debate was polarised. Their views on the Tribunal were divided. It was not easy for the ministers to reach consensus. Consequently, the Council of Ministers requested that a full meeting of Ministers of Justice meet to prepare the draft Terms of Reference (TORs) for their extended mandate on the review of the Protocol on the Tribunal. The Ministers of Justice are expected to meet some time in June 2013, prior to the next Summit. For now, as far as the Tribunal staff matters are concerned, it appears that the status quo will remain. 2. History The SADC Tribunal is one of the youngest regional courts. But it was an innovation for SADC leaders to agree not only to commit themselves to regional integration but towards respect for the human rights of their citizens. The SADC Treaty explicitly commits SADC Member States to respect human rights, rule of law and good governance which is a first natural priority in most countries. Consequently, the Treaty establishes the SADC Tribunal among organs with the objective to enforce the treaty obligations among member Article 9 (g) of the SADC Treaty as read with Article 16 of the Treaty establishes the SADC Tribunal. Pursuant to Article 16 of the Treaty, the mandate of the Tribunal is to ensure adherence to the proper interpretation of the provisions of the Treaty and subsidiary instruments, and to adjudicate upon such disputes as may be referred to the Tribunal. The Tribunal may also tender advisory opinions upon request by Summit or Council of Ministers. Its decisions are final and binding. …

Investigating the Potential of Radar Interferometry for Monitoring Rural Artisanal Cobalt Mines in the Democratic Republic of the Congo

Greater awareness of the serious human rights abuses associated with the extraction and trade of cobalt in the Democratic Republic of the Congo (DRC) has applied increasing pressure for businesses to move towards more responsible and sustainable mineral sourcing. Artisanal and small-scale mining (ASM) activities in rural and remote locations may provide heightened opportunities to conceal the alleged human rights violations associated with mining, such as: hazardous working conditions, health impacts, child labour, child trafficking, and debt bondage. In this study, we investigate the feasibility of the Intermittent Small Baseline Subset (ISBAS) interferometric synthetic aperture radar (InSAR) method, teamed with high temporal frequency Sentinel-1 imagery, for monitoring ASM activity in rural locations of the “Copperbelt”, the DRC. The results show that the ISBAS descriptive variables (mean, standard deviation, minimum, and maximum) were significantly different (p-value = ≤ 0.05) between mining and non-mining areas. Additionally, a significant difference was found for the ISBAS descriptive variables mean, standard deviation, and minimum between the different mine types (industrial, surface, and tunnels). As expected, a high level of subsidence (i.e., negative ISBAS pixel value) was a clear indicator of mine activity. Trial activity thresholds were set for the descriptive variables mean (-2.43 mm/yr) and minimum (-5.36 mm/yr) to explore an ISBAS approach to active mine identification. The study concluded that the ISBAS method has great potential as a monitoring tool for ASM, with the ability to separate mining and non-mining areas based on surface motion values, and further distinguish the different mine types (industrial, surface, and tunnel). Ground data collection and further development of ISBAS analysis needs to be made to fully understand the value of an ISBAS-based ASM monitoring system. In particular, surrounding the impact of seasonality relative to longer-term trends in ASM activity.

Enhancing corporate standing, shifting blame: An examination of Canada's Extractive Sector Transparency Measures Act

Canada's Extractive Sector Transparency Measures Act (ESTMA) is the culmination of a series of proposals and consultations with government, industry and civil society organizations to address conflict over Canadian extractive industry. Created in the context of a global call for extractive industry accountability, as well as increasing scrutiny of Canadian mining activities for alleged human rights and environmental abuses, the ESTMA aims to deter corruption via financial reporting requirements for Canadian extractive firms operating in Canada and abroad. By mandating that firms publicly disclose payments to various levels of government, however, the ESTMA is constructed atop global corruption discourse that identifies host states in the Global South as the source of social pathologies that facilitate corruption, largely excluding a critical analysis of extractive firms in the Global North. Drawing on interviews, document analysis of material related to the ESTMA and case studies of extractive firm financial reporting, this paper argues that under the ESTMA's financial reporting processes, corporate risk management trumps meaningful social regulation. While the Act does mandate disclosures useful to the advocacy community, limited oversight, a lack of standardized reporting and excluded activities under the Act mean that the ESTMA offers limited leverage to substantively address the human and ecological cost of Canada's extractive industry. As has resulted from transparency policies more broadly, however, the ESTMA provides firms a means to counter broader critique and, in complying with audit culture, promotes investment security.

The Responsibility of the People’s Republic of China for Alleged Human Rights Violations against the Uighurs

Following the adoption of the Universal Declaration on Human Rights (UDHR) after the World War II, the international community has begun to try to respect and to protect human rights. Among the basic principles in the protection of human rights are the principles of equality and non-discrimination that every human being is considered to be equal without differences. Unfortunately, presently, many human rights violations against minority groups are triggered by differences of ethnicity, religion, race, or language. In 2018, the CERD Committee reported that there were arbitrary arrests of ethnic minority Uighurs in the Xinjiang region ofChina. A number of reports say that the Chinese government had violated several basic rights of the Uighurs. Several international human rights law conventions have regulated remedies when a state commits a human rights violation. This paper is intended to examine the forms of human rights violations committed against the Uighur minority and the legal remedies that can be done to hold the Chinese state accountable for alleged human rights violations committed.

Applicability of human rights standards in Turkish football arbitration: the contribution of the European Court of Human Rights

The sole governing body in the field of football, the Turkish Football Federation (TFF), performs official tasks assigned to it by the legislation and has been furnished with the opportunity to benefit from public privileges. The Arbitration Board of TFF is the compulsory and ultimate legal forum for disciplinary and administrative issues, and no appeal is allowed to court in accordance with Article 59 (3) of the Turkish Constitution and the relevant provisions of the Law No. 5894. However, constitutional law and human rights concerns are almost totally neglected in the field of Turkish football. TFF has rejected to apply human rights standards, and the Turkish Constitutional Court has approved TFF’s approach. That is why victims of alleged human rights violations have applied to the European Court of Human Rights (ECtHR) for the actions and decisions of TFF. ECtHR has very recently started to examine the disputes regarding football matters brought against Turkey and has invited the Turkish Government to provide its responses in eight applications pending before it. Possible outcomes of these pending cases are not yet known. Thus, this article seeks to analyze whether and under which circumstances TFF’s activities and decisions can be attributed to the Turkish State under the ECHR, and the applicability of fair trial standards to compulsory arbitration. The article argues that taking into account of TFF’s legal nature as a quasi-public authority and the existence of the compulsory arbitration as a sole legal remedy in football-related disputes, governmental human rights responsibility, is triggered under European Convention on Human Rights.

Charging decisions, legal framing and transitional justice: the prosecution of Wouter Basson

Charges brought against an alleged human rights abuser vary, with some charged with core international crimes and others with ordinary crimes rooted in domestic law. This article examines such variation through the charging decisions of South African prosecutors tasked with prosecuting Wouter Basson, an apartheid official accused of egregious human rights violations. Why did prosecutors initially charge Basson with domestic crimes, only to later reframe his conduct as core international crimes? Through a frame analysis supported by interviews with trial prosecutors and trial document analysis, this article argues that domestic and international law functioned as frames shaping the interpretation of Basson’s offences. Initial characterisations of Basson’s conduct as ‘ordinary crimes’ were driven by the institutionalisation of the domestic law frame during apartheid. While the 1996 constitutionalisation of international law expanded the range of potential charges brought against Basson, this expansion was mediated by the backgrounds of individual prosecutors, counter-framing behaviour of other legal actors and changes in judicial venue. Charging decisions are a vital pathway for the indirect enforcement of international criminal law; analysis of the Basson case thus provides insight into the decision-making dynamics of prosecutors who continue to regulate South Africa’s involvement in the international justice system today.