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
Despite the main function of the United Nations (UN) peacekeepers being to protect civilians in war-torn territories, allegations of sexual exploitation and abuse (SEA) committed by said...Show moreDespite the main function of the United Nations (UN) peacekeepers being to protect civilians in war-torn territories, allegations of sexual exploitation and abuse (SEA) committed by said peacekeepers continue to arise during every peacekeeping mission. Much of the previous scholarship has focused on the structural and institutional causes of the problem, primarily focusing on factors such as immunities, data gathering mechanisms and training programs. The feminist scholarship has also been increasingly vocal on the matter, stressing the importance of gender framing in UN documents and policies. Nevertheless, the feminist theory has continuously resorted to normative studies, lacking any empirical backing to their arguments. This thesis investigates whether a condescending and victimizing way in which women are framed in a series of UN documents can serve as a possible explanation for the continued SEA perpetrated by the UN peacekeepers. A critical discourse analysis of the UN’s zero-tolerance policy, SEA pre-training manual and mission mandates demonstrated that UN’s discourse on gender can be one of the reasons why SEA is continuously committed by the peacekeepers.Show less
United Nations peacekeeping missions are increasingly criticised for their failures to protect civilians and even for human rights abuses by peacekeepers. The victims of this misconduct have been...Show moreUnited Nations peacekeeping missions are increasingly criticised for their failures to protect civilians and even for human rights abuses by peacekeepers. The victims of this misconduct have been trying to get reparation in court by holding the UN legally accountable. However, with the UN being protected by its immunity, they have started turning to the State as an alternative legal avenue. The academic debate has followed this turn of events by asking if and how a troop-contributing country (TCC) should be held accountable in court. Scholars are arguing in favour of applying the ‘effective control’ test to reach attribution to the State. This thesis will, therefore, aim to answer the question: In what ways can the ‘effective control’ test contribute to State accountability in peacekeeping? It will do so by applying a qualitative, legal doctrinal approach to a case study: the fall of Srebrenica (1995). The Srebrenica cases (2008-2019), which ensued from this instance of peacekeeping failure, provide insights into the contribution of the ‘effective control’ test to peacekeeping accountability. This thesis will conclude that the ‘effective control’ test according to the preventive interpretation, based on Article 7 ARIO, allows for a wide attribution to the State and thus State accountability in peacekeeping.Show less
