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This chapter provides an overview of some of the more common human rights violations with corporate involvement. The non-exhaustive overview aims to provide some initial insights into how corporate conduct can affect and impact human rights and to show the breadth of issues that fall under a BHR lens. Hence, the focus is on problems rather than solutions. The issues and violations dealt with are selected with a view on multinational corporations in particular. Furthermore, the selected issues are cross-cutting – that is, not specific to one particular industry. The chapter covers human rights problems relating to employment relations, corporate supply chains, affected communities, the environment, and particularly vulnerable groups such as Indigenous peoples or human rights defenders. Violations include discrimination, child labor, forced labor and modern slavery, and land grabbing, among others.
This article examines the Kenyan legal and policy framework as well as jurisprudence on the principle of free, prior and informed consent (FPIC) occasioned by the decision of the African Commission on Human and Peoples’ Rights (African Commission) in Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Republic of Kenya (Endorois) and the judgment of the African Court on Human and Peoples’ Rights (African Court) in the case of African Commission on Human and Peoples’ Rights v Republic of Kenya (Ogiek). The main objective of this article is to examine the development and level of operationalization of the principle of FPIC in Kenyan domestic law and policy using the Endorois and Ogiek standard. It examines how the Kenyan domestic legal system has responded to these regional and international developments on FPIC and its operationalization.
This chapter examines the fraught terrain of REDD+ implementation ‘on the ground’, with a specific focus on three strategies that have been central to efforts towards social safeguards: benefit sharing, tenure reform, and rights to consultation and to free, prior and informed consent (FPIC). It reads these three strategies as mechanisms for mediating the potential tensions between different – and potentially competing – demands: those ‘from below’, for rights and recognition, and imperatives ‘from above’, for ensuring that specific obligations are enforceable through the responsibilisation of local actors. This chapter examines how these competing demands play out in REDD+ implementation and suggests that these three strategies might not necessarily be emancipatory for people living in and around forested areas, but rather they may operate to facilitate the greater disciplinary inclusion of forest peoples in the ‘green economy’ and thereby further consolidate the actualisation of new forms of global authority through REDD+.
Finally, in Chapter 12, Caroline Dommen concludes our discussion by addressing how human rights impact assessments can contribute to ensuring that Indigenous rights are upheld in international trade agreements. She considers how explicit reference to the rights of Indigenous peoples, including the UN Declaration on the Rights of Indigenous Peoples, may improve human rights impact assessments as well as trade agreements, from both legal and policy perspectives. There is now a substantial body of impact assessments of actual or likely impacts of trade and investment agreements on human rights, including on the rights of Indigenous peoples. Her chapter describes the role and the objectives of impact assessment, explaining the particular advantages of human rights-based impact assessment. It draws on recommendations of UN human rights mechanisms and analysis of completed impact assessments of trade agreements to present some of the main principles of human rights law that are relevant in the trade policy context, and how these impose legal obligations on states to carry out human rights impact assessments prior to adopting new trade agreements.
In Chapter 8, Brenda Gunn looks to Canada as an example when she provides an analysis of how states have obligations to ensure the protection and promotion of Indigenous peoples’ rights in international investment agreements. Professor Gunn’s chapter begins by discussing some of the rights of Indigenous peoples that are potentially threatened by investment agreements, with a focus on land rights and the right to participate in decision-making on the basis of free, prior and informed consent. She concludes with a discussion of what measures need to be taken in investment agreements to ensure that Indigenous peoples’ rights are properly protected during the negotiation and implementation of investment agreements. This includes reference to the obligations of states and business enterprises to ensure that investment agreements protect Indigenous peoples’ rights while at the same time promoting foreign direct investment.
Having defined the field, Chapter 3 critically analyses the surrounding contemporary formal legal framework for indigenous peoples’ land rights that speak to development projects. This chapter examines jurisprudential strands and structural gaps such as poor accountability of private actors and the fragmented due diligence in this field. Emerging from this analysis are identifiable themes that matter for rights in development project contexts. The point is to assess the existing coping strategies of formal law in this setting, to give hard law context to the private mechanisms explored and to appreciate judicial and non-judicial mechanisms as part of an ecosystem of remedies in this field. The chapter asks why, despite the array of indigenous rights cases and legal declarations, international and domestic norms rarely pierce the highly regulated veil of private mechanisms that secure a transnational development project – failing to work as a legal threat. Whilst later chapters illustrate other reasons such as power and short-term behaviour that contribute to law’s overshadowing, my aim here is to show how the law endogenously contributes to insecurity for indigenous communities in development contexts.
En se basant sur les travaux de Sally Engle Merry, cet article étudie le parcours du droit au consentement préalable, libre et éclairé des peuples autochtones en droit interaméricain, et met en lumière les dynamiques de glissement, d’effacement et de confusion qui opèrent entre cette norme et le droit à la consultation active. En prenant en considération le contexte d’intervention des instances interaméricaines, l’article met en lumière la vulnérabilité des juges interaméricains dans leur rôle de « traducteurs » et identifie des pistes de réflexion quant aux répercussions de ces glissements discursifs sur les relations entre les peuples autochtones et les États.
The infrared-optical properties of GaAs/GaNxAs1−x superlattice (SL) heterostructures (0 < x < 3.3%) are studied by variable angle-of-incidence infrared spectroscopic ellipsometry (IRSE) for wavenumbers from 250 cm−1 to 700 cm−1. The undoped SL structures where grown on top of a 300 nm thick undoped GaAs buffer layer on Te-doped (001) GaAs substrates by metal-organic vapor phase epitaxy (MOVPE). We observe the well-known Berreman-polariton effect within the GaAs LO-phonon region. We further observe a strong polariton-like resonance near the coupled longitudinal-optical plasmon-phonon frequency of the Te-doped substrate at 306 cm−1. For analysis of the IRSE data we employ the harmonic oscillator dielectric function model and the Drude model for free-carrier response. The additional resonance feature is explained by pseudo surface polariton (PSP) interface modes between the Te-doped GaAs and the undoped GaAs buffer layer / SL film. We find that the PSP modes are extremely sensitive to free-carrier properties within the SL structures, and we obtain a strong increase in free-carrier concentration within the GaNAs SL sublayers with increasing x from analysis of the IRSE data. We further observe the localized vibrational modes of nitrogen at 470 cm−1 in the GaNxAs1−x SL sublayers with a polar strength that increases linearly with x, and which can be used to monitor the nitrogen concentration in GaNxAs1−x.