Public Affairs, Public Policy and Public Administration Commons^™

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

U.N. Doc PFII/2004/WS.2/6

Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

2 pages.

"Kelsey Peterson, American Indian Law Program Fellow, University of Colorado Law School Class of 2015"

Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

41 pages.

"January, 2009"

www.indianlaw.org

Leaving A Legacy, Walter Lotze

Human Rights & Human Welfare

The ongoing conflict in Somalia, and the complexities that come with finding lasting solutions to a conflict that has raged for decades now, continue to perplex the international community. While a range of previously tried and tested approaches to conflict management are being applied, it is becoming apparent that the international toolkit for responding to conflict situations of such complexity is extremely limited. Indeed, as one international conference after another on Somalia takes place, compacts are signed and funding windows established, old frameworks are abandoned and new ones are forged, and roadmap after roadmap pave the way for further engagement, …

Somali Battlegrounds: On Interest And Accountability, Ines Mzali

Human Rights & Human Welfare

In the wake of the latest and deadliest of Al-Shabab's attacks in Kenya since Kenyan troops entered Somalia in October 2011, Ben Rawlence reiterates the question raised anew by each attack: "What is Kenya doing in Somalia and is it worth the price?" The question leads him to explore the contradiction between the official objectives of the mission and Kenya's particular motivations to launch an offensive of its own. This problematic discrepancy also draws attention to the question of accountability when violations of international humanitarian law have occurred in the context of a military operation by a neighboring country and …

Upstream Corporate Social Responsibility: The Evolution From Contract Responsibility To Full Producer Responsibility, Judith Schrempf-Stirling, Guido Palazzo

Management Faculty Publications

The debate about the appropriate standards for upstream corporate social responsibility (CSR) of multinational corporations (MNCs) has been on the public and academic agenda for some three decades. The debate originally focused narrowly on “contract responsibility” of MNCs for monitoring of upstream contractors for “sweatshop” working conditions violating employee rights. The authors argue that the MNC upstream responsibility debate has shifted qualitatively over time to “full producer responsibility” involving an expansion from “contract responsibility” in three distinct dimensions. First, there is an expansion of scope from working conditions to human rights and social and environmental impacts broadly defined. Second, there …

Dynamics Of Civil Resistance In Oceania, Thomas Dick, Jason Mcleod, Luke Johnston

Thomas Dick

The Dynamics of Civil Resistance (DOCR), is a not-for-profit popular education and cultural development programme in Oceania. We work in collaboration with churches, human rights organisations, traditional leaders, women leaders, youth and student groups and community organisations to establish a network of indigenous educators who can resource nonviolent social movements and democratic transitions.

DOCR has developed out of programs that originated in 2005, in response to requests from Papuan human rights activists (Rayfield and Morello 2012). The purpose of the Project is to build their capacity of activists and artists working nonviolently for a just and sustainable peace in the …

The Ethics Of ‘Responsibility While Protecting’: Brazil, The Responsibility To Protect, And Guidelines For Humanitarian Intervention, James Pattison

Human Rights & Human Welfare

In the aftermath of the NATO intervention in Libya, the responsibility to protect (RtoP) doctrine has received considerable blowback. Various states, most notably some of the ‘BRICS’ states (Brazil, Russia, India, China, and South Africa), claimed that NATO exceeded its mandate given to it by United Nations Security Council (UNSC) Resolution 1973 (by allegedly focusing on regime change rather than on the protection of civilians), was inappropriate in its target selection, violated the arms embargo by transferring arms to rebels, and generally caused too much harm to civilians and civilian infrastructure.1 It was also suggested that the UK, US, and …

Accessing Human Rights Through Faith-Based Social Justice And Cultural Citizenship: Hartford's Low-Income Latino Immigrants., Sarah C. Kacevich

Senior Theses and Projects

Many low-income Latino immigrants in Hartford lack access to the human rights to education, economic security, and mental health. The U.S. government’s attitude is that immigrants should be responsible for their own resettlement. Catholic Social Teaching establishes needs related to resettlement as basic human rights. How do Jubilee House and Our Lady of Sorrows, both Catholic faith-based organizations in Hartford, Connecticut, fill in the gaps between state-provided services and the norms of human rights? What are the implications of immigrant accommodation via faith-based social justice for the human rights discourse on citizenship and cultural relevance? A formal, exploratory case study …

Can Policy To Address Some Rights Address Breaches Of Other Disability Rights?, Sally Robinson, Karen Fisher Assoc Prof

Professor Sally Robinson

Governments must implement the UN CRPD. In practice, government prioritises policies relating to some rights more highly than others. This unequal implementation relates in part to constraints on government, including competing interests, multiple participants and incremental policy change. In the context of these constraints, can differential policy priorities address breaches of other disability rights? This paper tests this question in relation to support for people living in boarding houses in Queensland, focusing particularly on residents with intellectual disability. Among the core disability rights are the rights to housing and housing support (Article 19). For some people living in boarding houses, …

January Roundtable: Responding To The Syrian Crisis, Introduction, Claudia Fuentes Julio

Human Rights & Human Welfare

An annotation of:

“The World Next Genocide” by Simon Adams. New York Times, November 2012.

and

“Syria is Central to Holding Together the Mideast” by Condoleezza Rice. Washington Post, November 2012.

Syrians Crushed Between Humanitarianism And Realism, Philip Cunliffe

Human Rights & Human Welfare

With the UN High Commissioner for Refugees announcing early this year that the war in Syria may have claimed as many as 60,000 lives, two op-eds published late in 2012 usefully exemplify two contrasting frames that have thus far dominated international responses to the conflict—namely, the humanitarian frame and the geopolitical frame. Yet despite the apparent contrasts between these two frameworks, both reflect a similar contempt for the Syrian people and their right to self-determination. The humanitarian framing of the conflict emphasizes the scale of human suffering and the need to alleviate it, while the geopolitical frame accentuates political interests …

The Cultural Sociology Of Human Rights, Mark D. Jacobs, Lester R. Kurtz

Lester R. Kurtz

These cases of China, Occupy, and Gandhi suggest the value of the sociology of culture for understanding human rights. Since human rights is a cultural construct, human rights issues are in-flected by the same set of semantic tensions as the culture concept itself. The sociology of culture thus recommends a method for studying human rights: to explicate--indeed, to weave into an exegetical deep structure--those various tensions. This helps to see beneath the distortions that power and other forms of domination introduce into the discourse of human rights, and to recognize the full multiplicity of interests and voices.

The Global Slavery Index, Monti Narayan Datta, Fiona David, Kevin Bales, Nick Grono

Political Science Faculty Publications

The Global Slavery Index report is published by the Walk Free Foundation (“Walk Free”). Walk Free is committed to ending all forms of modern slavery in this generation. Modern slavery includes slavery, slavery-like practices (such as debt bondage, forced marriage and sale or exploitation of children), human trafficking and forced labour, and other practices described in key international treaties, voluntarily ratified by nearly every country in the world.

Walk Free’s strategy includes mobilising a global activist movement, generating the highest quality research, enlisting business, and raising unprecedented levels of capital to drive change in those countries and industries bearing the …

Syria: Not Libya, But Let’S Treat It Like It Is Anyway, Eric A. Heinze

Human Rights & Human Welfare

The articles by Condoleezza Rice and Simon Adams advance a series of disquieting possibilities for the future of Syria if the US and other states fail to act. While I am sympathetic to the urgency with which both writers advance their claims, there is much strained and stretched logic—as well as outright naiveté—in both authors' arguments, especially Rice's.

After Assad: Syria’S Post-Conflict Reconstruction, H. M. Roff

Human Rights & Human Welfare

Simon Adams and Condoleezza Rice warn us that with the portended fall of Syria's Bashar al-Assad, the country could witness even more heinous crimes and, potentially, regional political fallout. These worries are not unfounded. However, what seems to be truly missing in their discussions is any mention of post-conflict reconstruction planning. This is unfortunate, as much handwringing is still occurring over "what to do" in Syria, and it will continue until there is a clear vision of what to do after this civil war. Syria's post-conflict reconstruction plan is—or should be—inherently tied to its current operational agenda.

Myths About Syria, James Pattison

Human Rights & Human Welfare

In my contribution, I want to focus on five fallacious claims and arguments that have been presented about the conflict in Syria. (Please note that this piece was written in Dec 2012).

The Civilian And The War On Terror: Do Norms Shape Strategy?, Sherri Replogle

Dissertations

Despite a growing research agenda centered on issues of civilian immunity, it remains unclear what effect norms protecting civilians have on state behavior, especially democracies. This study asks when and how the civilian immunity norm (CIN) matters, specifically examining how it alters short term strategic choices and even long term doctrines.

Employing a constructivist approach to examine shifting attitudes toward civilians within the military during the Iraq and Afghanistan wars, this study argues that democracies will choose strategic outcomes that strengthen compliance with the CIN when they see the constraining normative environment as a key part of the strategic environment. …

Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, James Ming Chen, Jay Dratler Jr., Thomas Folsom, Timothy S. Hall, Yaniv Heled, Frank A. Pasquale Iii, Elizabeth A. Reilly, Jeffrey Samuels, Katherine J. Strandburg, Kara W. Swanson, Andrew W. Torrance, Katharine A. Van Tassel

Law Faculty Scholarship

On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions. Led by the moderator, participants at the Forum focused generally on three broad …

Managing The Polarities Of Democracy: A Theoretical Framework For Positive Social Change, William J. Benet

Journal of Sustainable Social Change

People around the globe have embraced democracy to bring about positive social change to address our environmental, economic, and militaristic challenges. Yet, there is no agreement on a definition of democracy that can guide social change efforts. The Polarities of Democracy model is a unifying theory of democracy to guide healthy, sustainable, and just social change efforts. The Polarities of Democracy model consists of ten elements, organized as five polarity pairs: freedom & authority, justice & due process, diversity & equality, human-rights & communal-obligations, and participation & representation. In this model each element has positive aspects and negative aspects and …