Advancing protection for the rights of women and children in Mali: the ruling of the african court of human and peoples’ rights against the provisions of the family code

The paper aims at highlighting the main contents and features of the decision Association pour le Progrèset la Défense des Droits des Femmes Maliennes et al v.Republic of Mali of the African Court on Human and Peoples’ Rights. The two NGOs asked the Court on the basis of the non-compliance of the Family Code with international human rights standards, requesting the Court for eliminating those provisions which created prejudice towards women and children.The alleged violation concerned the establishment of the minimum age for girls’ marriage at 16, the right to consent to marriage, the right to inheritance for women and children born out of wedlock and the continuation of practices or traditions harmful towards women and children.The Republic of Mali contested each allegation and raised a series of preliminary objections, which were discarded by the Court. The State, in order to justify the promulgation of the Family Code, claimed that it was forced to adopt this law due to ‘force majeure’.It claimed that the adoption of theprevious Family Code in 2009, which was considered more legally advanced, caused protests and social unrest of Islamic movements which did not agree with some provisions considered not aligned with their customary laws and traditions.The Court ascertained that such violations constituted a serious breach of the international human rights law treaties ratified by the Republic of Mali and that the State had to amend its legislation respecting the obligation related to the respect of the rights of women, girls and children

The ECOWAS Court condemns the Republic of Togo for arbitrary detention

The Decision of the ECOWAS Court of Justice in Parounam vs Togoconcerns the violations of two important human rights contained in the African Charter on Human and People’s rights and in the International Covenant on Civil and Political Rights (ICCPR) of 1966. The violations in question are the right to freedom from cruel, inhuman or degrading treatment or punishment and the right to due process concerning arrest and detention.The Court’s decision to condemn the State for arbitrary detention becomes even more relevant in a country where such violations have been frequent and systematic, especially those related to political prosecution. It is important then, for individuals, to have the possibility to bring a matter before an international Court which has the legal means to assure them effective justice where the Statefails to guarantee a full respect for human right

Niger delta people vs. Nigeria: a missed occasion before the ECOWAS court of justice

The aim of this paper is to analyse the main contents of the decision Osaghae et al. v Nigeria who applied to the Economic Community of West African States (ECOWAS) Court of justice. The case is relevant because it aims at seeking justice for the serious violations of human rights in Nigeria related to the environmental degradation caused by the unethical exploitation of resources by oil companies. The Plaintiffs alleged the violations of several of their human rights enshrined in international legal instrument which regarded, amongst others, equality, right to self-determination, right to economic, social and cultural development and the right to a general and satisfactory environment. Even though the case was dismissed by the Court because of the lack of locus standi of the Plaintiffs, since they aimed at representing the whole population of Niger Delta People, and the insufficient proofs attached, we consider this application relevant because it brings back to our attention how the situation in Niger Deltais still characterized by numerous violations of human rights committed by national and multinational oil companies. Also, we consider it important since it seeks justice and respect for the human right to a healthy environment

The forced eviction of the Ogieksindigenous people from their ancestral land in Kenya: the intervention of the African Court on Human and Peoples’Rights

The Application and the African Court’s judgement issued on 26 May 20171are in respect of the Ogieks, a historically disadvantaged indigenous community of the Mau forest, which in 2009 have been victim of an eviction and forced relocation perpetrated by the Republic of Kenya. The eviction act came as the last of a series of other similar actions undertaken by the Government since the colonialism period, as well as the lack of legal recognition of the Ogieks as indigenous group. Given the very close relationship between the Ogieks and their ancestral territories, the eviction resulted in a substantial violation of both their basic human right as to live in their homeland and to their cultural, religious, social and economic rights as indigenous people. These rights are protected under international human rights law instruments such as the UN Declaration on Indigenous People’s Rights and the African Charter of Indigenous People’s Right

El derecho al consentimiento libre, previo e informado en el Fondo Verde para el Clima: el caso de la implementación de un proyecto en el Datém del Marañón, Perú

In the context of implementation of climate change adaptation and resilience projects, Indigenous communities’ right to Free, Prior and Informed Consent (FPIC) is becoming a mandatory requirement. The present paper, after giving an overview of the requirement of FPIC in international law, addresses the issue of a climate resilience project financed by the Green Climate Fund (GCF) in Peru. Such project is being implemented in Indigenous territories in the Datém del Marañon region. At the time of approval by the GCF Board, the proposed project raised protests from Indigenous communities as they claimed they were not properly consulted before the disbursement of funding. This episode evidenced how the GCF needed to adopt an ad hoc policy to engage with Indigenous peoples respecting the FPIC requirement as prescribed by international law. The present paper demonstrates that the Indigenous Peoples Policy, adopted in February 2018 by the GCF, is an example of harmonization with international law requirements for FPIC such as those prescribed by the United Nations Declaration on Indigenous Peoples Rights. Finally, the paper aims at evidencing the challenge represented by the excessive state-centred structure of the GCF, which needs to be overcome to facilitate a true participatory dialogue with Indigenous peoples.En el contexto de la implementación de los proyectos de adaptación y mitigación del cambio climático, el respecto del derecho al consentimiento libre, previo e informado de los pueblos indígenas es un requerimiento fundamental. El presente artículo, después de haber dado una panorámica desde el punto de vista del derecho internacional sobre el derecho al consentimiento de los pueblos indígenas, se ocupa de las cuestiones generadas desde la implementación de un proyecto del Fondo Verde para el Clima en Perú. Este proyecto viene implementándose en territorios ancestrales indígenas en la región Datém del Marañón. Cuando fue aprobado por la Directiva del Fondo Verde, el proyecto causó unas protestas por parte de algunas organizaciones indígenas que lamentaron que el requerimiento del consentimiento libre, previo e informado no fue respectado de manera integral antes del otorgamiento de los fondos. Este acontecimiento subrayó la importancia de la adopción, por parte del Fondo Verde, de una política ad hoc sobre los derechos de los pueblos indígenas, en particular el derecho al consentimiento como prescrito por el Derecho internacional. El articulo demuestra que la Política de Pueblos Indigenas del Fondo Verde, adoptada en febrero 2018, es un ejemplo de armonización con el Derecho internacional, en particular con el derecho de los pueblos indígenas al consentimiento libre, previo e informado como prescrito en la Declaración de las Naciones Unidas sobre los Derechos de los Pueblos Indígenas. Finalmente, este articulo tiene el objetivo de cuestionar los desafíos puestos por la estructura excesivamente estado-céntrica del Fondo Verde, que necesitaría superarse a fin de realizar un auténtico proceso participativo de los pueblos indígenas en la toma de decisiones

Human rights violations in the name of environmental protection. Reflections on the reparations owed to the ogiek indigenous people of Kenya

The recent ruling on reparations of the African Court on Human and Peoples’ Rights regarding the Republic of Kenya established the territorial rights of the Ogiek Indigenous peoples over the Mau Forest Complex. The Ogiek people had been continuously evicted from their ancestral land since the creation of the Protected Area in the 1930s. The article explores how Protected Areas (PAs) are based upon a colonial idea of uncontaminated nature that should be void of any human presence in order to realize environmental protection and biodiversity conservation. It delves into the case of the Ogiek people by analysing the status of their right to property over the Mau Forest. It also analyses the doctrine of eminent domain in Kenya in relation to land acquisition for the creation of PAs, highlighting why it could not be applied to the land taken from the Ogiek. Then, the article illustrates the main features of the African Court decisions relating to monetary and non-monetary reparations owed to the Ogiek people and to the right to consultation and to Free, Prior and Informed Consent. Finally, the article prescribes some general recommendations on possible ways to manage environmental conservation with due respect to human rights, suggesting practical examples of Indigenous involvement on the management of PAs

The interactive dialogues of UN harmony with nature. For a paradigmatic shift to Earth-centred governance

Classical environmental law is characterized by respecting the outlined anthropocentric paradigm, with human beings at the centre and the environment and its natural resources seen as “services” to the human societies. However, in recent years there has been growing recognition, in national and international contexts, that we need to move beyond the anthropocentric epoch as reflected in environmental law. Harmony with Nature, a UN-led programme, is the international entity that promotes a paradigmatic shift from anthropocentric environmental law by focusing on recent developments of the so-called Earth Jurisprudence. In its first decade of work, which has been celebrated this year (2020), Harmony with Nature has hosted ten Interactive Dialogues, which are initiatives aimed at commemorating International Mother Earth Day, recurring on the 22 of April since the year 2009. They have brought to the forefront the need to move away from a human-centred worldview to an Earth-centred legal and governance system that rebalances the relationship between humans and the planet. This paper focuses on the recognition of rights of Nature within the UN system and national contexts, examining the important role of the Harmony with Nature’s Dialogues in fostering a new legal paradigm that ultimately see its goal in promoting the advancement of Earth Jurisprudence

Traditional knowledge and customary law: Recognizing indigenous peoples for environmental conservation

Book review of "Incorporating Indigenous Rights in the International Regime on Biodiversity Protection Access, Benefit-sharing and Conservation in Indigenous Lands" by Federica Cittadin