Concerns the Hmong people in the Lao People's Democratic Republic and the Turkmens in Iraq. / UN Job no.: G0511801 E. Material type: NGO written statements. Issued under agenda item 6, agenda document E/CN.4/2005/1. Issued under agenda item 6a, agenda document E/CN.4/2005/1.

A presente tese tem por escopo verificar o surgimento de uma nova exceção à imunidade de jurisdição dos Estados no caso de violação dos direitos humanos.Para chegar a essa conclusão, faz-se a análise e revisão críticas dos principais casos da jurisprudência estrangeira e nacional, de teorias, da Convenção da Basiléia sobre Imunidade de Jurisdição, da Convenção da ONU sobre Imunidade de Jurisdição, das leis internas sobre imunidade de jurisdição dos Estados Unidos, Reino Unido, Austrália e da Argentina.O tema é dividido em quatro partes: na primeira parte, trata-se de noções sobre jurisdição e imunidade de jurisdição. Na segunda, sobre a evolução da imunidade de jurisdição dos Estados. Na terceira, sobre as exceções clássicas à imunidade de jurisdição e, na última, sobre a nova exceção à imunidade de jurisdição no caso de violação dos direitos humanos. / The scope of this thesis is to analyze the emergence of a new exception to the rule of state immunity in the case of human rights violations. To reach this conclusion a survey of the main cases law and theories is done. In addition, the European Convention on State Immunity, the UN Convention on State Immunity, the sovereign immunity acts of the United States, United Kingdom, Australia and Argentina are comparatively examined. This thesis is divided into four parts: in the first part, it deals with notions of jurisdiction and jurisdictional immunity. In the second part, with the evolution of states immunity. In the third part, with the classical exceptions to jurisdictional immunity and in the last with the new exception to the state immunity in the case of human rights violations.

Philosophiae Doctor - PhD / This thesis is a discourse analysis of five testimonies from South Africa’s Truth and Reconciliation Commission. The aim of the analysis is to explore the ways in which the testifiers perform their identities, construe their experiences of life under apartheid, and position themselves and their audiences in relation to these experiences. The shaping role of context – both local and historical – is also considered.

Magister Legum - LLM / The Constitution 1995 of the Republic of Uganda is silent on how to admit evidence obtained through human rights violations in Uganda. The decided cases are inconsistent in the way courts have dealt with this evidence. This research establishes how jurisdictions like South Africa, Canada, Kenya, Zimbabwe and Hong Kong deal with evidence obtained as a result of human rights violations. It establishes the position of international law on evidence obtained through human rights violations. The research then employs the comparative study to establish the status of evidence obtained through human rights violations in Uganda. This study helps in the improvement of the practice of evaluating evidence in courts, by providing recommendations to policy makers and judicial officers in the criminal justice system on how to handle evidence at the pretrial stages in order to greatly attempt to contain the consequences of this evidence.

"This study centres on the presumption that, given the unprecedented economic power of corporations, it is vital to clarify the legal issues surrounding the responsibility of corporations for human rights violations and to look at avenues for asserting responsibility. Consequently, this study focuses on the responsibility concept for corporate human rights violations and the objective of this study is to explore, examine and assess various avenues for asserting responsibility for corporate human rights violations. The study recommends other avenues for asserting responsibility for corporate human rights violations in Africa. The study therefore raises four issues. The first phase seeks to focus on how globalisation has triggered the proliferation of corporations in national economies in Africa and the impact on human rights issues taking into cognisance the responsibility concept vis a vis corporations. The second part seeks to examine state responsibility for the acts of corporations. This discussion will focus on the International Rules on State Responsibility and obligations of states under international human rights law with reference to certain human rights instruments that confer a duty on states to respect and to ensure to all citizens within their territories and subject to their jurisdiction the rights recongnised in these instruments. This discussion basically seeks to review the dominant approach to human rights treaties and the relevant instruments to assess the available avenues in asserting responsibility on the state for corporate human rights violations. This study will assess home and host state responsibility and argue that the host state cannot certainly be regarded as the main bearer of responisiblity for violations of human rights due to the powerful characteristics of corporatoins. The jurisprudence of the African Commission on Human and Peoples' Rights will also be taken into consideration in examining the legal responsibility of states under international human rights law for corporate human rights violations. Part three of this study will addres the question of asserting direct responsibility on transnational corporations for human rights violations. While some remarks will be made on non-legal responsibilities or soft law, my interest will however be to examine and assess the suitability of human right principles and instruments that confer direct responsibility on corporations for human rights violations. The discussion will also take cognisance of some treaties that confer direct criminal responsibility on corporations for human rights violations. The fourth and concluding part will attempt to look at the need for internaitonal legally binding regulations of corporations. This discussion will attempt to focus on the application and implications of international legally binding regulation in Africa as a means of reforming and strengthening direct corporate criminal responsibility for human rights violations. Recommendations geared towards the legal reform of asserting direct responsiblity on transnational corporations in Africa will then be made." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004. / Prepared under the supervision of Prof. Kingsley K. K. Ampofo, Faculty of Law, University of Ghana / http://www.chr.up.ac.za/academic_pro/llm1/llm1.html / Centre for Human Rights / LLM

"The international community is divided in respect of what actually occurred in Darfur. There are differenct views on the conflict. Some reports show that the conflict cannot be characterised as genocide, but rather atrocities, namely war crimes and crimes against humanity. Yet others indicate that, apart from crimes against humanity and war crimes, there was also genocide in Darfur. Still other reports indicate that the Darful conflict is characterised by 'ethnic cleansing'. Clearly there is a disagreement on what happened in Darfur. ... This study poses a critique to past studies on the Darfur conflict on the question of genocide. It analyses facts about the conflict in relation to the law on genocide so as to find out whether facts can meet the definition of the crime of genocide. The study is limited to the legal issue - whether genocide was committed in Darfur between 2003 and 2004. It does not intend to introduce the background to the conflict; rather, facts are only applied in the legal arguments. ... This work has four chapters. Chapter one is an introduction to the study. Chapter two discusses material elements of genocide and determination of a protected group. Chapter three discusses intent to commit genocide and poses a critique to past studies on Darfur. Chapter four shows conclusion and recommendations." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Dr. Paolo Comoane at the Faculty of Law, Universidade Eduardo Mondlane, Maputo, Mocambique / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Terrorism is not a new threat to the international order but it is a threat that has grown more urgent in the last few years. Terrorism has become a tragic circumstance of everyday live and has caused a remarkable loss of lives. It was only after the terrorist attacks against the United States on September 11 2001, that the international community realised it needed to co-operate and take actions against terrorism on an international level. One response has been the adoption of international rules for the suppression and eradication of terrorism and terrorist activities and making accountable the perpetrators of such acts. In fact, the contingent character of ad hoc tribunals encourages states to carry out their idea of establishing a permanent penal jurisdiction. The establishment of the International Criminal Court is considered a crowning achievement for preventing and prosecuting abominable crimes. The jurisdiction of the court shall be limited to the most serious crimes of concern to the international community as a whole; this includes crime of genocide, crimes against humanity, war crimes and eventually crime of aggression. However disagreement over a definition of what constitutes terrorist activity made it impossible to include within the jurisdiction of the Court such serious crime named terrorism. There have been multiple approaches to the issue, but despite all efforts to pursue individuals who committed human rights violations, the ICC’s subject matter jurisdiction is limited since the international community could not reach to a consensual definition on what should be understood as terrorism. Consequently the Court does not have jurisdiction over international terrorism. There is therefore no standing, permanent international body with criminal jurisdiction over individuals accused of terrorist acts, although such acts may in extreme case fall within the rubric of crime against humanity. The various instruments and international directives dedicated to the eradication and suppression of terrorism have not resolved the impasse of its definition; nor is there any ‘unified’ international law approach to combating terrorism. / Dissertation (LLM)--University of Pretoria, 2011. / Public Law / unrestricted

Doctor Legum - LLD / International standards recognise the basic right of all women and girls to make free choices about reproduction including the number if any, spacing and timing of their children without being subjected to discrimination, coercion, or violence. The enjoyment of this right by many women in the world has overtime been interfered with through forced sterilisation which has a salient history beginning with the eugenics movement in the 20th century indicating a disproportionate impact on the poor, ethnic minorities, women with disabilities, transgender group, as well as women living with HIV.

No description available.

Although international human rights declarations exist, violations of human rights are still sad but also common facts around the world. But for repressive regimes, it becomes more and more difficult to hide committed human rights violations, since society entered the "Information Revolution." This study argues that the volume of international information exchanged influences a country's human rights record. A pooled cross sectional time series regression model with a lagged endogenous variable and a standard robust error technique is used to test several hypotheses. The findings of this study indicate that the flow of information can be related to a country's human rights index. The study also suggests that more empirical work on this topic will be necessary.