京都大学 / 新制・課程博士 / 博士(経済学) / 甲第24775号 / 経博第670号 / 新制||経||303(附属図書館) / 京都大学大学院経済学研究科経済学専攻 / (主査)教授 久野 秀二, 教授 田中 彰, 准教授 WANG Tao / 学位規則第4条第1項該当 / Doctor of Economics / Kyoto University / DGAM

The question regarding what makes child trafficking persistent in conflict and post-war settings has been subject to intense debate. The human trafficking literature makes general conclusions that trafficking is a by-product of civil wars, and in the process child traffickers exploit the breakdown of the rule of law. As such it is perceived that the governance of the problem of child trafficking can be effective whenever peace and stability is realised and when legal frameworks for protecting children are in place. Prompted by these assertions, I conducted a field study in South Sudan, a country emerging from one of Africa’s longest running and most brutal civil wars fought between the government in Khartoum and Sudanese Peoples Liberation Movement/Army (SPLM/A). The Sudan’s civil wars ended after the signing of the Comprehensive Peace Agreement in 2005. Whilst the termination of the war raised expectations that the international anti-trafficking conventions, treaties and customary laws protecting children would have enforcement powers and would guarantee the rights and safety of the child, the peace failed to deliver on these expectations. Based on empirical data obtained through an intensive micro-level qualitative research conducted in South Sudan over three months, the research findings reveal that a number of challenges pose serious difficulties in enforcing international counter-trafficking legislations and child protection instruments. These challenges are compounded by the interplay of the emerging socio-economic and political development in the post-independent South Sudan.

Yes / Human rights to water and sanitation have been widely recognised in legal instruments at the international, regional, and national levels of governance. More awareness of states’ obligations has provided additional impetus to promote human rights in policy advocacy. The international non-governmental organisation WaterAid, as a non-state actor specialising in the water, sanitation, and hygiene services (WASH) sector, adopts a human rights-based approach (HRBA) to WASH programming. This paper draws on the experiences from WaterAid WASH projects in four countries – Nepal, Ghana, Mali, and Burkina Faso, to evaluate the practical impacts of the HRBA to ensure that governments fulfil their responsibility to realise universal access to water and sanitation services in different contexts. The outcomes highlight that three important contributions of the HRBA: (1) generates greater awareness among rightsholders and duty bearers about responsibilities and entitlements over safe drinking water and sanitation; (2) promotes constructive engagement between the government and rightsholders; and (3) equips people with the motivation, skills, and agency which are critical dimensions to work on sustainable WASH. The WASH sector should, therefore, embrace the power of human rights and invest in the specific activities and frameworks to integrate human rights into systems strengthening the WASH sector, while continuing to analyse and learn how to adapt and improve the approach in different contexts.

The purpose of this study is to look in to how microfinance through the VSLAmodel has affected life circumstances of women in rural parts of Uganda. The study also examines whether participation in VSLA-groups leads to empowerment. The results have been derived from qualitative fieldwork, based on semi-structured interviews. Women from the Ugandan districts of Kayunga and Masaka have been interviewed about their experiences of participating in VSLA-groups. The theoretical framework consists of a liberal as well as a postcolonial feminist theorization. The study subject is analyzed by using Martha Nussbaum’s Capabilities Approach and Gayatri Chakravorty Spivak’s thoughts on the subaltern. The Uganda National Farmers Federation (UNFFE) started working with financial inclusion in 2010 and in 2014 they implemented the Human Rights Based Approach (HRBA) in their work. It is found in this study that the VSLA-groups who operates guided by the Human Rights Based Approach, have had a positive effect on the life conditions of the interviewed women. The socioeconomic effects have been positive, the women have greater control over their life circumstances and the VSLA-groups have proved empowering. / I denna studies granskas en typ av mikrofinansmodell, Village Savings and Loan Associations (VSLA) och dess påverkan på kvinnor på Ugandas landsbygds livsomständigheter. Den undersöker också om deltagande i VSLA-verksamhet leder till empowerment. Studiens resultat bygger på fältarbete bestående av kvalitativa undersökningar. Kvinnor från de ugandiska distrikten Kayunga och Masaka har deltagit i semistrukturerade intervjuer där de berättat om sina upplevelser av att vara med i en VSLA-grupp. Det teoretiska ramverket har en liberal såväl som postkolonial feministisk utgångspunkt. Uppsatsens frågeställningar analyseras genom Martha Nussbaums Capabilities Approach och Gayatri Chakravorty Spivaks tankar om den subalterna. Uganda National Farmers Federation (UNFFE) började arbeta med finansiell inkludering 2010 och 2014 implementerade de Human Rights Based Approach (HRBA) i sitt arbete. Denna studie finner att VSLA-grupper, vilka arbetar med hjälp av HRBA har en positiv effekt på de intervjuade kvinnornas livsomständigheter. De socioekonomiska effekterna har varit positiva, kvinnorna har fått större kontroll över sina förhållanden och VSLA-grupperna har haft en empowering effekt.

One of the most prevalent human rights violations in the world is Violence Against Women and Girls. It is estimated that 1 in 3 women, which is equal to 736 million women, have been experiencing sexual and/or physical violence in her lifetime since the age of 15. Previous research states that women with intellectual disabilities are more vulnerable to Gender Based Violence (GBV) than other women in Tanzania. A minor field study was done in Tanzania with the ame to; finding how women with intellectual disabilities are more vulnerable than other women in Tanzania, understand how the society's support for abused women with disabilities can be improved in Tanzania and to find how stakeholders perceive that violence against women with intellectual disabilities can be prevented. The study has been carried out by holding key informant interviews with employees of NGOs, lawyers and teachers that work for these women's rights in different ways in Tanzania. To analyze the empirical material, the Human rights based approach has been made made into an analytical framework by identifying and defining the key concepts: capability, functionings and freedom and with the perspective of Leave no one behind. The findings show that poverty, cultural beliefs and beliefs in witchcraft, among other things contribute to the fact that women with intellectual disabilities are extra vulnerable in Tanzania. They are at great risk of being locked up, become victims of human trafficing, subjected to rape and murder.  Society should raise awareness that GBV is illegal and wrong to improve the situation of women with intellectual disabilities. The police and healthcare workers should be better trained to respond to women with special needs who have been subjected to violence or sexual violence. The government could also give these women support to be able to work on their own terms. Through work, the women get a better life and meaning, which reduces the risk that she will be exposed to GBV. To prevent violence against these women the government should offer availability to adapted and inclusive schools with trained staff who know the needs of disabled children. If these kids can go to school with others, people with disabilities will be normalized and the stigma will reduce. To conclude, women with intellectual disabilities are extra vulnerable in Tanzania and much can be done to improve their situation.

The aim of this dissertation is to assess the political ecology of conservation governance and management of Sagarmatha (Mount Everest) National Park (SNP), SNP Buffer Zone (BZ) and the Buffer Zone Community Forest User Groups (BZCFUG) in Pharak in northeastern Nepal. It evaluates their performance in two adjacent regions (Khumbu and Pharak) from multiple perspectives, including the views of the residents (indigenous Sherpa people and minority immigrant community members), and the standards of current international conservation and human rights policies. This research is important because it relates to global, regional, national and local level conservation policies and practices, which have direct impacts on biodiversity conservation, climate change adaptation, the livelihoods of indigenous peoples and local communities, and rights. The discussion of buffer zone community forest in the Pharak region follows my M.Sc. thesis completed at the University of Wales, UK in 2000. This dissertation draws on my 2011 fieldwork and my long-time experience growing up in this region and working there for conservation and development organizations. I conducted qualitative research adopting field observation, semi-structured and focus group interviews and participating in BZ and BZCFUGs' meetings. I observe that implementation of CFUG, BZCFUG and buffer zone management programs (BZMP) in Pharak and BZMP in Khumbu have made significant progress towards achieving conservation of forests, habitats, wildlife species and sustainable production of forest products while reinstituting forest and natural resource use and improving management and governance rights. This suggests that community participation in forest commons and natural resource management and governance through devolution and decentralization of decision-making rights can achieve biodiversity conservation goals. By integrating indigenous peoples' and local communities' cultural and religious perspectives with scientific knowledge, a synergy can be achieved that benefits conservation. For this the free, prior and informed consent of the concerned indigenous peoples and local communities is prerequisite. Conservation goals need to consider the rights of indigenous peoples and local communities and meet their aspirations and international conservation standards of self-determination and autonomy.

De globala hållbarhetsmålen, antagna år 2015, ska verka för en global satsning för ökad social, ekonomisk, och miljömässig hållbarhet. I styrdokument publicerade 2018 från FN uppmanas berörda parter på olika nivåer att inkorporera mer ideellt engagemang i form av volontärarbete. Detta för att kunna etablera en lokal förankring som ska underlätta genomdrivandet av de 17 målen, med tillhörande 169 delmål. En typ av volontärarbete som vuxit fram de senaste 20 åren är så kallade volontärresor, där ofta unga västerlänningar åker för att hjälpa till i projekt i utvecklingsländer, i kombination med nöjesresor. I denna studie undersöks hur projekt som erbjuds av svenska volontärresebyråer kan relateras till de globala hållbarhetsmålen, samt hur olika publikationer från FN om volontärarbete och hållbar turism kan förstås utifrån kommersiell volontärturism. Här har fyra svenska volontärresebyråers projektbeskrivningar synats och jämförts med delmålen för Agenda 2030. Metoden som använts är en kvalitativ innehållsanalys av projektbeskrivningar från volontärresebyråernas hemsidor. Rättighetsperspektivet (Human Rights Based Approach) har använts vid analysen för att se på vilket sätt projektbeskrivningarna kan ses vara rättighetsbaserade. Resultaten visar på att volontärturism främst berör hållbarhetsmål för utbildning och biologisk mångfald, genom engelskundervisning och vård av djur och natur. I de projekt som finns kan kvalitén på de insatser som görs ofta inte garanteras, och en medvetenhet kring hållbarhetsmålen tycks heller inte finnas. Engagemanget kan därför ses adressera effekterna av strukturella problem, men inte verka för en lösning av de grundläggande orsakerna till problemen. En förbättring som föreslås för att volontärturism ska kunna bidra till en väg till utveckling är att öka kopplingen i projekten till Agenda 2030 genom kunskapsspridning. / The sustainable development goals, published in 2015, were created as a global effort to increase sustainable social, economic and environmental development. In documents published in 2018 from the UN, relevant actors are encouraged to incorporate more voluntary work on different levels of society, in order to establish a local anchoring for the 17 goals with its’ 169 sub-targets. One kind of non-profit work that has gained popularity in the last 20 years are the so-called volunteer travels, where tourists, often young Westerners, travel in order to help out in developing countries, in combination with leisure activities. In this study, descriptions of projects that are offered by Swedish volunteer- travel agencies have been examined as to how they relate to the Sustainable Development Goals, along with how different publications from the UN on how volunteerism and sustainable tourism can be understood in regard to commercial volunteer tourism. Here, four Swedish volunteer tourist agencies have been examined and compared to the sub-targets for the Sustainable Development Goals, also known as Agenda 2030. The method used is a qualitative content analysis of the project descriptions found on the web pages of the volunteer tourist agencies. The Human Rights Based Approach has been used to analyse the data in order to investigate in what way the project descriptions can be seen as rights based. The result shows that volunteer tourism primarily is related to development goals concerning education and biological diversity, through English classes and care of animals and nature. The established projects that are available often cannot guarantee the quality of the efforts being made and do not seem to incorporate an awareness of the Sustainable Development Goals. The activity can therefore be seen as addressing the effects of structural problems, rather than a solution of the underlying causes of the problems. A possible improvement that is suggested for volunteer tourism to contribute more to a road to development, is to more emphasize the connection between projects in volunteer tourism and the Sustainable Development Goals, mainly through knowledge sharing.

Gender-based violence (GBV) and violence against children are pervasive and destructive globally, but the exacerbation of violence in emergency contexts makes addressing them an urgent priority in humanitarian action. However, despite recognition of overlapping risks and intervention opportunities, child protection programming and GBV programming have hitherto followed discrete trajectories, resulting in adolescent (aged between 10 and 19 years) girls falling between the domains, despite their heightened vulnerability to GBV. This research explores how humanitarian protection interventions address GBV against displaced adolescent girls in Jordan. Data is collected using detailed, semi-structured interviews with four specialist humanitarian practitioners from leading organisations in child protection and GBV programming within the refugee response in Jordan. Qualitative, grounded coding and analysis is conducted on the transcribed data to identify key themes and patterns. The findings report child marriage, domestic violence and sexual violence as the most prevalent forms of GBV against adolescents. The social ecology of the girls is explored and salient risk factors at each level are identified, including lack of awareness, cultural norms and stigma, and absence of data information to direct programming. Corresponding protection interventions, including case-management, capacity-building of service providers and awareness-raising are identified, and the limited extent to which they empower adolescent girls is debated. Finally, the nexus between child protection and GBV programming is discussed, and key challenges, including coordination between child protection and GBV policies, campaigns, services and actors, decreasing funding and nationalisation of services, an absence of meaningful participation of adolescent girls in programming, and the organisations’ issue-focused approach, are identified and explored in the context of empowerment of adolescent girls. The research concludes that addressing GBV by meaningful participation of adolescents, adopting rights-based approaches, and proactive coordination of protection actors, is essential for the empowerment of adolescent girls to be agents of their own protection.

This paper has concluded that the Diaspora contribute to the development of social, economic and political fields, which also means a high level of poverty reduction. This has been largely possible not least because of developments in computing and telecommunications, but also through the Diaspora's grassroots involvement. By being the only player who can get access to specific locations, and through their local knowledge the Diaspora can easily be seen as legitimate actors and therefore also play a unique role in peace processes. They are also not tied to bureaucratic structures on which they can act with direct effect. For example, they can assist quickly to different kinds of crisis situations, such as environmental disasters. Many governments and organizations are interested in cooperating with the Diaspora, but they also see many challenges with it. Further on, Diaspora can feel that their voices are not always heard. The essay has also reached a conclusion that a balance between the UN's two main conventions International Convention on Economic, Social and Cultural Rights and the Covenant on Civil and Political Rights increasingly may arise. This is thanks to the co-operations between liberal organizations and the Diaspora whose efforts may be in the private markets to create jobs and development, and their contributions in construction of social infrastructure. Other impacts on the organizational level may be towards more complex models of organization and partnerships, where not least the private sector may be included to a greater extent, which also demonstrates the enhanced globalization trends, where the private market is seen to be the answer to the solution of poverty. As regards to States and the role of various actors in these somewhat newer landscapes, they can also be a result from the processes of globalization and shifts in power from the state to the different levels at which non-state actors gets a stronger role. These processes may also have contributed to greater regionalization; forces which this paper found over time may be a competitor to a weak UN (and the EU) and therefore attract the Diaspora who also may find themselves to be better received there.

Various South African government reports list food security as a development priority. Despite this prioritisation and despite the fact that South Africa is currently food self-sufficient, ongoing food shortages remain a daily reality for approximately 35% of the South African population. The government's commitment to food security to date of writing (being 30 November 2011) manifests in related policies, strategies, programmes and sectoral legislation with the focus on food production, distribution, safety and assistance. A paradigm shift in the international food security debate was encouraged during 2009, namely to base food security initiatives on the right to sufficient food. During a 2011 visit to South Africa, the Special Rapporteur for the Right to Food of the United Nations, accordingly confirmed that a human rights-based approach to food security is necessary in the South African legal and policy framework in order to address the huge disparities in terms of food security (especially concerning geography, gender and race). A human rights-based approach to food security will add dimensions of dignity, transparency, accountability, participation and empowerment to food security initiatives. The achievement of food security is further seen as the realisation of existing rights, notably the right of access to sufficient food. The right of access to sufficient food, as entrenched in section 27(1)(b) of the Constitution of the Republic of South Africa, 1996 will accordingly play a central role within a human rights-based approach to food security. Section 27(2) of the Constitution of the Republic of South Africa, 1996 qualifies section 27(1)(b) by requiring the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of the section 27(1) rights. The South African government's commitment to food security, as already mentioned, currently manifests in related policies, strategies and programmes, which initiatives will qualify as other measures as referred to in section 27(2) mentioned above. This study, however, aims to elucidate the constitutional duty to take reasonable legislative measures as required by section 27(2) within the wider context of food security. This study is more specifically confined to the ways in which a human rights-based approach to food security as a development objective can be accommodated in South African national legislative measures. Hence, this study focuses on three national legislative levels, namely constitutional incorporation, the adoption of a framework law and revision of sectoral legislation. Several underlying and foundational themes are addressed in the course of this study, amongst others: (a) the development of the food security concept; (b) the relationship between food security and the right of access to sufficient food; (c) key elements of a human right-based approach; and (d) the increasing trend to apply a human rights-based approach to development initiatives in general, but also to food security. / Thesis (PhD (Law))--North-West University, Potchefstroom Campus, 2012