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Date: April 19, 2024 Fri
Time: 5:34 am
Time: 5:34 am
Results for development
2 results foundAuthor: Inter-American Commission on Human Rights Title: Indigenous Peoples, Afro-Descendent Communities and Natural Resources: Human Rights Protection in the Context of Extraction, Exploitation, and Development Activities Summary: The report seeks to highlight the breadth and complexity of the problems caused by extractive and development activities in the region, and to set forth a comprehensive framework of Inter-American Human Rights standards on the subject. Extractive, exploitation, and development activities, which are increasing in the hemisphere, are generally implemented in lands and territories historically occupied by indigenous and Afro-descendent communities, which host a great wealth of natural resources. The Commission does not discourage these projects and recognizes the importance of these initiatives for the economic development of countries in the Americas. However, economic development of Member States cannot be undertaken in disregard of their ineluctable obligations to respect and guarantee human rights. Host States (where the project takes place) and foreign States (where the business has its headquarters) have specific obligations in this context. The report spells out each of these obligations with a view to making sure that the economic development of countries in the hemisphere is not attained at the expense of the fundamental human rights of indigenous peoples and Afro-descendent communities. Host States must adopt appropriate and positive steps with due diligence to prevent, investigate, punish and redress human rights violations that result from the execution of these projects. Additionally, they must comply with international human rights standards through the adoption and implementation of effective policies, legislation, regulations and through measures to ensure adequate access to justice. This State obligation includes the prevention of human rights violations, thus it is enforceable prior to the authorization of the project or the granting of permits, as well as during the implementation and the life-cycle of the project, via supervision and oversight methods. This duty includes the obligation to properly identify and assess the inherent impacts these activities would generate on internationally-recognized human rights prior to authorization. In addition, the duty to act with due diligence requires States to adopt an appropriate regulatory framework for the protection of the environment and human rights which adequately contemplates the operation of foreign companies in a state's jurisdiction, with an extraterritorial approach to human rights. Said duty also includes the fundamental obligation to consult potentially affected indigenous and afro-descendent communities, to ensure their effective participation and access to information; the obligation to supervise and monitor the activities of companies and other non-state parties; the duty to prevent illegal activities and forms of violence; and the duty to ensure access to justice and adequate reparation of human rights violations in these contexts. This broad duty also entails taking into account the differentiated impacts and adverse effects of these initiatives on specific groups such as indigenous leaders and authorities, women, children, elderly people and people with disabilities. The report ends with a list of practical recommendations, ranging from general recommendations to ones specifically tailored to the protection of indigenous peoples and afro-descendent communities. The ensemble of recommendations aims generally at setting in place a framework for States to undertake their duty of due diligence, taking all the appropriate steps to prevent, investigate, punish and redress human rights abuses through effective policies, legislation, regulations and adjudication. The Commission insists especially on the drafting and implementation of domestic legislation to protect human rights, and on the setting in place of monitoring, control and supervision systems of the activities of extractive or development companies. The Report includes recommendations geared specifically towards host States as well as States of origin. Details: Washington, DC: IACHR, 2015. 82p. Source: Internet Resource: Accessed April 8, 2016 at: http://www.oas.org/en/iachr/reports/pdfs/ExtractiveIndustries2016.pdf Year: 2015 Country: Africa URL: http://www.oas.org/en/iachr/reports/pdfs/ExtractiveIndustries2016.pdf Shelf Number: 138611 Keywords: DevelopmentHuman Rights AbusesIndigenous PeoplesNatural ResourcesOffenses Against the Environment |
Author: Kotiswaran, Prabha Title: Trafficking: A Development Approach Summary: Almost twenty years since the adoption of the Palermo Protocol on Trafficking, anti-trafficking law and discourse continue to be in a state of tremendous flux and dynamic evolution. While the efficacy of using criminal law to tackle an irreducibly socioeconomic problem of labour exploitation was always suspect, scholars and activists alike sought to remedy the excesses of a criminal justice approach by articulating a human rights approach to trafficking. Arguing that this did not go far enough, labour law scholars called for a labour approach to trafficking in order to forefront the role that a redistributive mechanism like labour law could perform in supporting the agency of workers to counter vulnerability to trafficking. Since then, trafficking has evolved into a development issue with the articulation of Sustainable Development Goal 8.7 around which international organisations have mobilised considerable resources. Influential actors believe that bringing development to countries of the Global South will help them eliminate 'modern slavery'. My paper instead builds on the critique of the developmental project to elaborate on the key elements of a development approach to trafficking, one which is rooted in the realities of the developing world and which recognizes the fundamentally different configurations of the state, market, civil society and legal system in the Global South. Using the example of India, I argue that conventional regulatory responses to 'trafficking' and 'modern slavery' must be fundamentally rethought and that an uncritical reliance on a criminal law approach to trafficking must be replaced by efforts to implement domestic labour and social welfare laws which are themselves the result of long-term struggles for decent work and against extreme exploitation. Details: London: University College London, 2019. 37p. Source: Internet Resource: UCL Working Paper Series No. 4/2019: Accessed March 25, 2019 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3349103 Year: 2019 Country: United Kingdom URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3349103 Shelf Number: 155155 Keywords: DevelopmentForced Labor Human Trafficking Modern Slavery |