'Securing Environmental, Economic, Social and Cultural Rights (EESCRS) in Southern Africa: Challenges and Opportunities

2009 ◽  
Author(s):  
Tumai Murombo
2017 ◽  
Vol 3 (3) ◽  
pp. 246
Author(s):  
Iman Prihandono

States should take appropriate steps to ensure the effectiveness of domestic judicial mechanisms when addressing business-related human rights abuses. These steps may include ways to reduce legal, practical and other relevant barriers that could lead to a denial of access to remedy. To a certain degree, these problems exist in Indonesia’s judicial remedy mechanism. This article examines court decisions in five cases involving Transnational Corporations (TNCs). These decisions are examined to identify challenges and opportunities in bringing a case on ESC rights violations against TNCs. It is found that claim on ESC rights violation may be brought to the court, and the court has jurisdiction to entertain the case. However, of the five cases filed against TNCs, only in one case has the court decided in favour of the plaintiff. Most of the cases were rejected on procedural matters. This situation suggests that it remains burdensome for the victims of ESC rights violations to seek remedy at the court. There are procedural burdens that has to be faced by plaintiff when bringing ESC rights case against corporations, particularly TNCs. Nevertheless, there are new develop-ments in relation with pursuing ESC rights in court. One of the important development is private business contract between the govern-ment and private corporations may be annulled by the court, if the exercise of the contract would violate the government's obligation to fulfil human rights of the citizens


2016 ◽  
Vol 135 (2) ◽  
pp. 148-154 ◽  
Author(s):  
Seleman R. Kaoneka ◽  
Rachit K. Saxena ◽  
Said N. Silim ◽  
Damaris A. Odeny ◽  
Nadigatla Veera Prabha Rama Ganga Rao ◽  
...  

2015 ◽  
Vol 76 ◽  
pp. 971-979 ◽  
Author(s):  
Esté van Marle-Kőster ◽  
Carina Visser ◽  
Mahlako Makgahlela ◽  
Schalk W.P. Cloete

2009 ◽  
Vol 65 (1) ◽  
Author(s):  
Kyung H. Oh ◽  
Piet G.J. Meiring

This article describes the history of missions in Korea as well as the challenges and opportunities for Korean missionaries in Southern Africa. The most significant problems encountered by Korean missionaries include understanding local context, language and culture acquisition, and meeting the expectations of local people and local churches as well as those of sending churches in Korea. On a personal level, missionaries have to cope with family concerns, maintaining their spiritual life, health problems, financial concerns, frustrations and unfulfilled ideals. Korean missionaries in Southern Africa do, however, have a unique opportunity to serve the Church in its mission and, above all, to serve the Lord of the Church in his mission, although there are indeed difficulties to overcome and challenges to face.


Author(s):  
Christopher J. Savage ◽  
Logan Fransman ◽  
Andrew K. Jenkins

Logistics is perceived to be important for Namibia’s growth and development, but this may be a matter of conjecture as there is a dearth of documented information about the industry in Namibia. Furthermore, it is uncertain what the understanding of logistics is for key stakeholders in the country. This article reports on a project; the objectives were to address some of these issues and to lay the foundation for a more thorough investigation in the future. The findings of the initial project were disseminated in 2012 by: a conference paper showing the challenges and opportunities facing logistics in Namibia in 2012; a report; and through a Logistics and Transport Workshop held in Walvis Bay, Namibia in September 2012. These reports, additional interviews and subsequent discussions highlighted some potential opportunities and problems. This article summarises the project to date, showing the methodology and findings as updated by subsequent feedback and further interviews. The findings from key stakeholders of the logistics industry in Namibia include: universal agreement on the importance of logistics to Namibia; the variety in the understanding of the term logistics; the strength of the continuing influence of South Africa as the dominant economic power in southern Africa; and contrasting views on the main factors limiting logistics development, including infrastructure, attitude, government, customs, training, railways, corruption and driver shortage.


2020 ◽  
Vol 59 (1) ◽  
pp. 12-34 ◽  
Author(s):  
Charles Dupras ◽  
Yann Joly ◽  
Emmanuelle Rial-Sebbag

Over the past twenty-five years, international organizations have adopted human rights declarations in an attempt to address emerging ethical, legal and social concerns associated with genetic research and technologies. While these declarations point to important challenges and potential issues in genetics, the focus on genetics has been criticized for promoting the idea that there is something unique about our genes, and that therefore, they deserve special protections in our laws. It is also argued that this ‘genetic exceptionalism’ perspective has contributed to a reinvigoration of genetic essentialism and determinism. In this article, we add to this criticism by pointing out gaps and flaws in current gene-focused human rights declarations in light of recent developments in the field of epigenetics. First, we show that these documents do not provide guidance for a responsible governance of epigenetic data (e.g., privacy protection) and an ethical use of individual epigenetic information (e.g., nondiscrimination). This is particularly concerning given the interest recently demonstrated by insurance companies, forensic scientists and immigration agencies in using epigenetic clock technologies. Second, we argue that findings in epigenetics could contribute to the promotion of second- and third- generation human rights, i.e., respectively, economic, social and cultural rights, and solidarity rights. We conclude by calling for international bioethics and human rights organizations to pay greater attention to epigenetics and other postgenomic sciences in the coming years.


2005 ◽  
Vol 32 ◽  
pp. 95-115 ◽  
Author(s):  
J.S. Bergh

The aim of this paper is to analyse the events, forces, realities, challenges and opportunities with which the Bafokeng community in the vicinity of Rustenburg was confronted during the course of the nineteenth century, especially with regard to the loss of their land and the way they responded to this dispossession. Much of the groundwork for their subsequent successful acquisition of land was laid during this period. These successes—and the good fortune of the Bafokeng that rich platinum deposits were later discovered on the land they obtained in this way—elevated them to a prominent position at the beginning of the twenty-first century. The status of the Bafokeng was emphasized when the former South African President Nelson Mandela, the Home Affairs Minister Mango-sutho Buthelezi, the South African first lady Zanele Mbeki, and the Lesotho Queen Mother were among the guests at the coronation of Leruo Moletlegi as kgosi or chief of the Bafokeng in 2003.The dispossession of the land of the Bafokeng by white settlers from the end of the 1830s and the Bafokeng's attempts to regain this land should be seen against a number of important nineteenth-century trends. Firstly, there was the forfeiture to the white settlers of large tracts of land claimed by indigenous communities in European colonies in the nineteenth and earlier centuries. In southern Africa white settlers seized no less than 40. million hectares of land up to 1860 and another 107. million hectares during the next hundred years. A second important trend was the mineral revolution in the interior of southern Africa. Thirdly, the settlement of a large number of missionaries among African communities in this period also influenced the dynamics of the dispossession and acquisition of land.


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