Wednesday, December 28, 2016

Enlightenment on human rights and business



Enlightenment on Human right and business

The human rights strategy for Africa adopted in 2011, has acknowledged the importance of mainstreaming human rights in business as a means to widely advance democratic governance and the respect of human rights in Africa. A consultation organized by the department of political affairs of the African union commission took place in Abuja from December 18TH-21th on developing an AU policy for the implementation of the UN guiding principles on business and HR in Africa.
It is important therefore to understand what the UN guiding principles connote, the link between HR and business, access the readiness of Africa in the domestification and implementation of its own policy.


Bearings of the UN guiding principles

The UN guiding principles on business and HR are grounded on;
a    A.    The state
        i.            i. The states’ duty to protect enacting laws and policies which protect and enhance HR.
      ii.           ii  States’ duty to respect HR by committing to polices and Due diligence and
    iii.           iii Fulfill HR and fundamental freedom via state based judicial mechanisms, state based but non judicial and non state based mechanisms
    B. Business enterprises as specialized organs of society performing specialized functions required to comply with all applicable laws and t respect HR
    C. The need for rights and obligations to be matched to appropriate and effective remedies when breached

 

Link between HR and business and the readiness of Africa for contextualization of UN guiding principles


2016 was declared by AU as year of HR with special focus on the woman. So tying down with the calendar of action, UN guiding principles present an opportunity for AU commission to strengthen its work on business and HR.
·         Issues of child labor becoming frequent of most companies
·         Environmental degradation, health issues, land disputes, loss of natural habitat, labor exploitation are a sad reality in Africa.
·         Failure of  the state to respect and protect HR
·         Remedy processes are often unsatisfactory or boycotted by the concerned
·         International HR laws do not impose direct legal obligations on businesses
·         The unclear definition of the social/moral responsibility of the state and business owners
·         Companies are making huge profits in  violating HR e.g. human trafficking
·         Society often doesn’t have information on the impact of businesses
·         Lack of law enforcement for HR
·         no implementation of certain fundamental HR due to no rectification by some states
·         lack of indicators to relay HR and business e.g. measuring the negative impact of businesses
·         companies investing in conflict areas e.g. financing wars
·         need for a regional approach of these polices as some companies are richer than some states so regulating their activities can be very tough

 










After the colonial times, there is a new scrabble for Africa as she is the richest continent in extractable natural resources. The contextualization of UN guiding principles is for particularity out of global shared values to ensure the protection of its people.
Even though most businesses share the Friedman doctrine of maximizing profit, there must be a firm determination to move towards ‘’healthy ‘African businesses as a common responsibility.

 

Challenges of implementing this policy in Africa

-        -   challenge of ineffective management
-        -   different region al/sub regional accounting standards
-       - different tax laws
-        -   loopholes in  tax system encouraging fraud
-         -  competitive pressures
-       -    technological changes challenging survival of businesses
-      -     dissatisfied and disconnected workforce
-      -     fear of loss of investors in Africa
-       -    remedy mechanisms not efficient as corruption is still deeply rooted 

-   - wide communication gap at all levels of society




Notwithstanding all these challenges, with the obvious need to develop AU policy on business and HR, strategies will sure be put to place to ensure an effective implementation of this policy for the good of mother Africa.

Friday, November 25, 2016

Building a safer world for our women and girls; – November 25International Day for the Elimination of Violence against Women


         Today is celebrated worldwide as the international day for the elimination of violence against women. In 1999,the UN adopted the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and designated November 25 as the International Day for the Elimination of Violence against Women.


      







 The pertinent question to ask is what we understand by violence against women. The UN Declaration on the Elimination of Violence Against Women states that:
"Violence against women is a manifestation of historically unequal power relations between men and women" and that "violence against women is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men. Violence against women (VAW), also known as gender-based violence, is collectively, violent acts that are primarily or exclusively committed against women. Sometimes considered as hate crime  targeted against a specific group with the victim's gender as a primary motive. This type of violence is gender-based, meaning that the acts of violence are committed against women expressly because they are women.


Classification of violence






Violence against women can fit into several broad categories.
A.   Violence perpetuated by "individuals». Some of the forms of violence perpetrated by individuals vary from harmful traditional practices to behavioral patterns of culprits. Harmful traditional practices or customary rites such as mutilation, breast ironing, marriage, honordowry violenceabduction. Behavioral pattern assigned violence such as rapeselection, domestic, female infanticide, sexual harassment; coercive use of contraceptives, emotional abuse.
B.   Violence perpetrated or condoned by the state such as war rapesexual slavery during conflict; sterilization, forced, violence by the police and authoritative personnel; stoning and flogging,  violence against immigrant and refugee women
C. “Societal” violence which include different forms of violence not clearly such as incent and child abuse, race and class violence,  trafficking in women and forced prostitution, violence against women at work, violence against women with disabilities, mistreatment of widows Dating and courtship violence (e.g. acid throwing and date rape); economically coerced sex (e.g. school girls having sex with "sugar daddies" in return for school fees, teacher student sex and employer employee sex)








Violence against women is a worldwide yet still hidden problem because violence is a concept that most of us have a hard time imagining because violence is such a deep part of our cultures and our lives. In the struggle to end violence, the 16 Days of Activism Against Gender Violence, which is an international campaign originating from the first Women’s Global Leadership Institute sponsored by the Center for Women’s Global Leadership in 1991 starting from November 25- International Day Against Violence Against Women to December 10- International Human Rights Day- in order to symbolically link violence against women and human rights and to emphasize that such violence is a violation of human rights. This 16-day period also highlights other significant dates including November 29, International Women Human Rights Defenders Day, December 1, World AIDS Day, United Nations' International Day of Persons with Disabilities – December 3 International Volunteer Day – December 5.















The 16 Days Campaign has been used as an organizing strategy by individuals and groups around the world to call for the elimination of all forms of violence against women by:

  •   raising awareness about gender-based violence as a human rights issue at the local, national, regional and international levels

  •   strengthening local work around violence against women
  •   establishing a clear link between local and international work to end violence against women
  •   providing a forum in which organizers can develop and share new and effective strategies
  •  demonstrating the solidarity of women around the world organizing against violence against women
  •  creating tools to pressure governments to implement promises made to eliminate violence against women  
Over 3,700 organizations in approximately 164 countries have participated in the 16 Days Campaign since 1991

 Take action;how to stop violence against women(VAW)
 
        Given the devastating effect violence has on women, efforts have mainly focused on responses and services for survivors. However, the best way to end violence against women and girls is to prevent it from happening in the first place by addressing its root and structural causes. Notwithstanding here are some measures put in place.




1.    Public policies and interventions
-The 1979 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which recognizes violence as a part of discrimination against women in recommendations 12 and 19
-The 1993 UN Declaration on the Elimination of Violence against Women was the first international instrument explicitly defining and addressing violence against women. This document specifically refers to the historically forever-present nature of gender inequalities in understanding violence against women.  This Declaration, as well as the World Conference of the same year, is often viewed as a "turning point" at which the consideration of violence against women by the international community began to be taken much more seriously, and after which more countries mobilized around this problem
-Also in 2013, the UN General Assembly passed its first resolution calling for the protection of defenders of women's human rights. The resolution urges states to put in place gender-specific laws and policies for the protection of women's human rights defenders and to ensure that defenders themselves are involved in the design and implementation of these measures, and calls on states to protect women's human rights defenders from reprisals for cooperating with the UN and to ensure their unhindered access to and communication with international human rights bodies and mechanisms
-national levels have also enacted comparable legislative, political and social instruments to address violence against women.
2.    Education for prevention
It’s primordial to sensitive the World at large to join the battle. Firstly by understanding the root causes of violence in communities, and secondly to educate and involve all persons to prevent such violence, and to learn about where to access support if violence is experienced.
3.    Speak up campaigns
Because of threats during violating of women or shame, most victims do not speak up thereby letting go unpunished their violators and perpetuation of crime. Therefore “speak ups” should be encouraged.
4.    Partnership for change
Building partnerships with long-term goal of reducing the prevalence of gender-based violence through behavior and attitudinal change among boys and men.
5.    Empowering women
The prevention through the promotion of gender equality, women’s empowerment and their enjoyment of human rights is another master piece to prevention of violence which enables women to challenge the deeply rooted inequalities and social norms that perpetuate men’s control and power over them and reinforce tolerance for violence against women and girls. It also means making the home and public spaces safer for women and girls, ensuring women’s economic autonomy and security, and increasing women’s participation and decision-making powers—in the home and relationships, as well as in public life and politics.
6.    Defending Ourselves Against Violence. Self-defense can increase the options and choices that we have in any given situation, including situations where we are at risk of violence. Self-defense itself is a choice that is made at a particular moment



  Challenges faced by women in implementing measures





 







Even though measures have been taken to fight against violence on women,the applicability and results sort are almsot discouraging either at the preventive level or at the level of justice.there can be a de jure or the facto acceptance of violent behaviors and lack of remedies for the victims 


                 I.        Lack of criminalization. In many places, acts of abuse, especially acts such as female genital mutilation, marital rape, forced marriage and child marriage, are not criminalized, or are illegal but widely tolerated, with the laws against them being rarely enforced. There are instances where crimes against women are also categorized as minor offenses.
               II.        Lack of awareness of the existing laws. In many places, although there are laws against violence on the books, many women do not know of their existence. This is especially the case with marital rape - its criminalization being very recent in most countries.
             III.        Challenges in making a case in court. The burden of proof can be placed on the victim. It can also be difficult to make a case of sexual assault in court, when members of the judiciary expect evidence of severe struggle and injury as determinative evidence of non-consent
            IV.         Existing laws are insufficient, conflicting, and have no effect in practice. Some laws on domestic violence, for instance, conflict with other provisions and ultimately contradict their goals. In Ukraine, a law on domestic violence also provides that the police can arrest the victim for « provocation ». Legal frameworks can also be flawed when laws that integrate protection do so in isolation, notably in relation to immigration laws. Despite advances in legislation and policies, the lack of implementation of the measures put in place prevents significant progress in eradicating violence against women globally. This failure to apply existing laws and procedures is often due to the persisting issue of gender stereotyping.
             V.        Persistent discrimination. The barriers that women face in participating in the justice system as lawyers, law enforcement officers etc. also play an important role in perpetuating a lack of concern for women victims of violence. In war and post-conflict times, women are often denied a seat at the negotiation table despite the role they may have played in peace building processes, thus preventing issues such as sexual violence to be pushed forward on the agenda.
             VI.        Blaming the victim. The most common emotional responses to sexual harassment, battering, and rape are guilt, fear, powerlessness, shame, betrayal, anger, and denial. Guilt is often the first and deepest response. We may feel guilty about violence done to us because we are taught that our job is, to be likable, to be nice to men, to make men happy and if they aren't, we are to blame. So “Boys will be boys, so girls must take care"--the message being that we can avoid unwanted male attention if only we are careful enough. If anything goes wrong, it must be our fault. Blaming the victim releases the man who commits violence from the responsibility for what he has done. Friends or family may blame the victim in order to feel safe themselves: "She got raped because she walked alone after midnight. I'd never do that, so rape won't happen to me.” Or “she got raped because of her provocative dress” etc. there is no excuse whatsoever for crime. Women are not guilty for violence committed by men on our body, mind, and spirit.



 

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