With the persistent human rights violations experienced by formerly colonized ethnic groups, the current human rights regimes need urgent review as they themselves may inadvertently contribute to...Show moreWith the persistent human rights violations experienced by formerly colonized ethnic groups, the current human rights regimes need urgent review as they themselves may inadvertently contribute to violence and human suffering. Contemporary human rights, in theory, ensure all individuals have an equal opportunity to claims their entitlements, assuming inherent systemic equality amongst all individuals and groups. However, through an analysis of the rights claims put forth by eight Tanzanian and Nigerian ethnic groups, this thesis finds that human rights fail to inclusively account for and protect the rights claims of formerly colonized groups and individuals. That is, human rights’ restrictive individualistic focus, colonial roots, and imposition of Western norms on non-Western societies have perpetuated the violence and human suffering amongst certain Tanzanian and Nigerian ethnic groups. Hence, human rights frameworks should be reconstructed in a manner that acknowledges existing structural barriers to equality and reduces its focus on individualism through improved collective rights provisions. Such reforms may enhance the recognition of an ethnic group, promote social justice, and address systemic inequalities.Show less
Sexual exploitation and abuse (SEA) perpetrated by UN peacekeepers has been a pressing issue since the 1990s. Throughout the years, the UN has been scrutinized for contributing to a culture of...Show moreSexual exploitation and abuse (SEA) perpetrated by UN peacekeepers has been a pressing issue since the 1990s. Throughout the years, the UN has been scrutinized for contributing to a culture of impunity, in which cases of SEA are not appropriately reported and investigated, and in which perpetrators do not receive adequate penalties. In 2017, Secretary-General Antonio Guterres proposed a “New Approach” that provided measures aimed at enhancing criminal accountability through strengthening reporting, investigation, and follow-up. The purpose of this paper is to explore whether the “New Approach” has been successful in effectively setting an end to impunity of peacekeepers. Taking on a qualitative exploratory methodological approach, the puzzle is answered by analyzing the contents of the “New Approach”, and by comparing whether the proclaimed measures for enhancing accountability have been implemented in practice before 2018 and from 2018 on. I find that the “New Approach” is inherently flawed. While some provisions have been implemented that enhance criminal accountability, shortcomings in the reporting and investigation mechanisms remain. Especially, however, there are fundamental flaws in the prosecution mechanisms of substantiated SEA cases, as there are jurisdictional gaps within the UN system. These lead to an impossibility of achieving criminal accountability for all perpetrators. Thus, the ”New Approach” was ineffective in ending impunity of peacekeepers that commit SEA.Show less
This study provides an outlook on corporate alignment with the UNGPs regarding the implementation of human rights policy commitments, due diligence processes, and grievance mechanisms. This is done...Show moreThis study provides an outlook on corporate alignment with the UNGPs regarding the implementation of human rights policy commitments, due diligence processes, and grievance mechanisms. This is done by introducing the current debate regarding the impact of soft law instruments such as the UNGPs. Further, a theoretical framework is established, providing a conceptualisation, methodology, and justification for the variables used in this study. Then, an extensive analysis is exposed, explaining the principles stipulated in the UN Framework, along with the Corporate Human Rights Benchmark (CHRB) criteria, and applying those to the case of INDITEX (Industria de Diseño Textil, S.A.). Finally, the conclusion answers the research question, by referencing the results and proposes new insights for future research.Show less