The Sri Lankan Office on Missing Persons: Truth and justice in tandem?

2017 ◽  
Vol 99 (905) ◽  
pp. 619-639
Author(s):  
Isabelle Lassée
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
United Nations ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Integrated Approach ◽  
Sri Lankan ◽  
Missing Persons ◽  
Human Rights Council ◽  
Justice Process

AbstractIn October 2015, by co-sponsoring United Nations Human Rights Council Resolution 30/1 entitled “Promoting Reconciliation, Accountability and Human Rights in Sri Lanka”, the Sri Lankan government formally committed to embarking on a transitional justice process following three decades of armed conflict. Several thousand people allegedly disappeared during this period, often in connection with the armed conflict or as a result of internal disturbances. It is in this context that the Office on Missing Persons (OMP) was operationalized in 2018. This article discusses the nature of tracing investigations into the fate and whereabouts of missing persons of the type to be carried out by the OMP. It argues that these investigations, while ostensibly pursuing a humanitarian approach, cannot be artificially and hermetically separated from criminal justice processes. Further, it seeks to demonstrate that an integrated approach whereby strong linkages with criminal processes are provided for and encouraged best serves the interests of truth and justice.

Parallel Tracks and Fraught Encounters

2017 ◽  
Author(s):  
Pascha Bueno-Hansen
Keyword(s):  
Human Rights ◽  
Rural Communities ◽  
Transitional Justice ◽  
Armed Conflict ◽  
Armed Forces ◽  
Gender Based Violence ◽  
Internal Armed Conflict ◽  
Justice Process ◽  
Gender Based ◽  
Feminist Movements

This chapter examines the struggles and gaps between the protagonism of rural Andean women, or campesinas, and the priorities of the human rights and feminist movements in Peru as they try to address the ever-growing number of victims and survivors of the internal armed conflict. The armed conflict pitted the armed forces versus the Shining Path; both sides demanded allegiance from rural communities. From the beginning, campesinas were at the forefront of local efforts to denounce human rights violations and address the needs of affected people with the help of church groups and human rights advocates. Peruvian human rights and feminist movements presented the strongest potential for taking on the defense of campesinas' rights. This chapter considers how social exclusions marginalized campesina voices in the transitional justice process and how and why, despite campesina protagonism and human rights and feminist movements' best intentions, the gender-based violence directed at campesinas during the armed conflict slipped through the cracks. It also looks at the founding of the Women for Democracy, or Mujeres por la Democracia (MUDE), in 1997.

Gaps in Corporate Liability

2021 ◽  
Vol 23 (5) ◽  
pp. 486-502
Author(s):  
Jelena Aparac
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Corporate Responsibility ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Human Rights Council ◽  
Commissions Of Inquiry ◽  
Fact Finding ◽  
Corporate Liability

Abstract Fact-finding is a fundamental step in providing documentation that can be used in domestic and international proceedings. The United Nations establishes commissions of inquiry to investigate international law violations, often in contexts of armed conflict, under the mandate of the Human Rights Council or other more political organs of the UN. They vary in mandate, as well as in investigative and geographic scope. However, to this day, fact-finding mechanisms or inquiry commissions have only rarely conducted investigations into corporate crimes, even in cases where the UN has explicitly recognized the part played by economic actors in armed conflicts. Because corporations are not subjects of international law, they are presumed not to have any direct obligations under international law. Moreover, the mandates of fact-finding missions de facto exclude corporations from investigations because such mandates are always designed to investigate international law violations. By voluntarily dismissing any investigation of corporate crimes, the UN is significantly limiting prospects for corporate responsibility and impeding the process of transitional justice.

Reflections on international humanitarian law and transitional justice: lessons to be learnt from the Latin American experience

2006 ◽  
Vol 88 (862) ◽  
pp. 327-353 ◽  
Author(s):  
Elizabeth Salmón G.
Keyword(s):  
Human Rights ◽  
Latin American ◽  
Transitional Justice ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
American Experience ◽  
Post Conflict ◽  
American States ◽  
Justice Process

Compliance with or violations of international humanitarian law during an armed conflict undoubtedly influence the conduct of the judiciary, the situations of the victims and the correlation of forces in the post-conflict society. This article seeks to determine the influence of international humanitarian law on the transitional justice process. The author examines the specific experience of certain Latin American states that have been deeply affected by serious violations of human rights and international humanitarian law.

Report on the Protection of Civilians in the Non International Armed Conflict in Iraq: 5 June – 5 July 2014; Human Rights Council Resolution S-22/1; & Security Council Resolution 2170, 2178

2015 ◽  
Vol 54 (2) ◽  
pp. 306-346 ◽  
Author(s):  
Jonathan P. Worboys
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
Armed Conflict ◽  
Security Council Resolution ◽  
Human Rights Council ◽  
High Commissioner ◽  
Un Security Council ◽  
The United Nations

The United Nations (UN) Report on the Protection of Civilians in the Non International Armed Conflict in Iraq (Office of the High Commissioner for Human Rights and UN Assistance Mission for Iraq), UN Security Council Resolutions 2170 and 2178, and UN Human Rights Council Resolution S-22/1 (UN Documents) form a key part of the international community’s efforts to resolve, manage, and document the ongoing non-international armed conflict in Iraq.

Grasping at Straws: Judicial Review of Legislation in Sri Lanka

ICL Journal ◽  
2020 ◽  
Vol 13 (3) ◽  
pp. 281-306
Author(s):  
Danushka S Medawatte
Keyword(s):  
Sri Lanka ◽  
Transitional Justice ◽  
Judicial Review ◽  
Descriptive Analysis ◽  
Executive Power ◽  
Sri Lankan ◽  
Legal Literature ◽  
Justice Process ◽  
Provincial Councils ◽  
The Impact

AbstractIn this paper, I attempt to examine the evolution of judicial review of legislation in Sri Lanka with a view to better understanding how it has impacted the democratic fabric and constitutional matrix of Sri Lanka. The impact that judicial review of legislation has had on rights jurisprudence, enhancement of democracy, prevention of persecution against selected groups are analysed in this paper in relation to the Ceylon Constitutional Order in Council of 1946 (‘Soulbury’ Constitution) and the two autochthonous constitutions of Sri Lanka of 1972 and 1978. The first part of the paper comprises of a descriptive analysis of judicial review of legislation under the three Constitutions. This is expected to perform a gap filling function in respect of the lacuna that exists in Sri Lankan legal literature in relation to the assessment of the trends pertaining to judicial review of legislation in Sri Lanka. In the second part of the paper, I have analysed decided cases of Sri Lanka to explore how the judiciary has responded to legislative and executive power, and has given up or maintained judicial independence. In this respect, I have also attempted to explore whether the judiciary has unduly engaged in restraint thereby impeding its own independence. The third part of the paper evaluates the differences in technique and stance the judiciary has adopted when reviewing draft enactments of the national legislature and when reviewing draft or enacted statutes of Provincial Councils. From a comparative constitutional perspective, this assessment is expected to provide the background that is essential in understanding the island nation’s current constitutional discourse, transitional justice process, and its approach to human rights.

Environmental and Collective Rights: Differences between Indigenous and Non-Indigenous ngo s Involved with the United Nations Human Rights Council

2021 ◽  
pp. 1-25
Author(s):  
Maia Hallward ◽  
Charity Butcher ◽  
Jonathan Taylor Downs ◽  
Emily Cook
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Collective Identity ◽  
Holistic Approach ◽  
Natural World ◽  
Human Rights Council ◽  
Non Governmental Organizations ◽  
Indigenous Organizations ◽  
The United Nations ◽  
Environment Sustainability

Abstract Scholarship on human rights and environmental justice suggests that organizations vary in their messaging regarding outcomes related to environmental protection and sustainability, differences often found in the divide between the Global North and Global South. The literature also suggests that Indigenous organizations represent groups that traditionally focus on issues of sovereignty, while grappling with unique problems related to assimilation, cultural preservation, and oppression. This study utilizes empirical data gathered from 333 non-governmental organizations affiliated with the United Nations Human Rights Council to explore whether Indigenous and non-Indigenous organizations, which share many aspects of their mission with one another at the transnational level, differ on issues related to environment sustainability and collective identity rights. Our results indicate that Indigenous organizations take a more holistic approach in addressing the relationship between humans and the natural world, centring marginalized perspectives through restorative justice and the needs of current and future generations.

From a Stark Utopia to Everyday Utopias

2018 ◽  
Vol 60 (1) ◽  
pp. 575-606
Author(s):  
Michelle Staggs Kelsall
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Transnational Corporations ◽  
Public Domain ◽  
Due Diligence ◽  
Karl Polanyi ◽  
Business And Human Rights ◽  
Human Rights Council ◽  
The United Nations ◽  
Human Rights Due Diligence

This article considers the emergence of the Business and Human Rights agenda at the United Nations (UN). It argues that the agenda can be seen as an example of the UN Human Rights Council attempting to institutionalise everyday utopias within an emerging global public domain. Utilising the concept of embedded pragmatism and tracing the underlying rationale for the emergence of the agenda to the work of Karl Polanyi, the article argues that the Business and Human Rights agenda seeks to institutionalise human rights due diligence processes within transnational corporations in order to create a pragmatic alternative to the stark utopia of laissez-faire liberal markets. It then provides an analytical account of the implications of human rights due diligence for the modes and techniques business utilises to assess human rights harm. It argues that due to the constraints imposed by the concept of embedded pragmatism and the normative indeterminacy of human rights, the Business and Human Rights agenda risks instituting human rights within the corporation through modes and techniques that maintain human rights as a language of crisis, rather than creating the space for novel, everyday utopias to emerge.

Sign in / Sign up

Export Citation Format

Share Document