Showing papers in "Yale Human Rights and Development Journal in 2006"
Journal Article•
TL;DR: In this paper, the intersection of customary and statutory land law in the land tenure policy of Ghana is discussed, and the authors argue that improving the current land-tenure policy demands integration of customary land law and customary authorities into the statutory system.
Abstract: This Note addresses the intersection of customary and statutory land law in the land tenure policy of Ghana. It argues that improving the current land tenure policy demands integration of customary land law and customary authorities into the statutory system. After describing why and how customary property practices are central to the economic viability of any property system, the Note gives a brief overview of Ghana’s customary and statutory land law. The Note concludes with specific policy suggestions about how Ghana could better draw on the strength of its customary land sector.
72 citations
Journal Article•
TL;DR: In this article, the authors used the sexual violence and sexual exploitation that was documented in refugee camps in Guinea in 2002 as an illustrative case study of the protection problems faced by refugee women in many parts of the world.
Abstract: This Article advocates for better access to justice and a more comprehensive accountability system in refugee camps. Refugee women are frequently subject to sexual violence and sexual exploitation in the country of refuge, and find themselves without ways of redressing these fundamental rights violations. This Article uses the sexual violence and sexual exploitation that was documented in refugee camps in Guinea in 2002 as an illustrative case study of the protection problems faced by refugee women in many parts of the world. The author argues that the host government, UNHCR, and various non-governmental organizations operated together to fulfill state-like functions in long-term refugee camps, but their efforts left accountability, access to justice, and enforcement of women's human rights laws sorely lacking. The movement toward rights based refuge -embraced in varying forms by the aid providers in Guinea provides a theoretical and practical framework for greater rights recognition, but has not yet delivered a complete response to the specific human rights violations faced by refugee women. If rights-based refuge is to succeed in refugee settings like Guinea, aid providers must make the protection of women's human rights a central
14 citations
Journal Article•
TL;DR: The landmark decision of the Inter-American Court of Human Rights, Villagrdn Morales v. Guatemala as discussed by the authors, was the first case in the history of the ICHR where the victims of human rights violations were children.
Abstract: This article focuses on the fate of street children and interactions between street children and international law and international institutions. The landmark November 1999 decision of the Inter-American Court of Human Rights, Villagrdn Morales v. Guatemala, provides the basis for this article. Villagrdn Morales was the very first case in the history of the Inter-American Court where the victims of human rights violations were children, and the first case ever involving street children before an
5 citations
Journal Article•
TL;DR: In this article, an argument that the US has failed to implement fully its international human rights obligations and that it can be held internationally responsible for tribal violations of human rights is presented.
Abstract: The American Indian tribes have a unique status in the law of the United States. They are characterized as ‘sovereigns’ that predate the formation of the republic and possess inherent powers and immunities. Their powers permit them to create and enforce laws and generally to operate as autonomous governmental entities with executive, legislative, and judicial branches. They enjoy immunity from suit and exemption from federal and state constitutional provisions which protect individual rights. These powers and immunities provide a connection between tribal governments and US international human rights obligations. This essay explores this connection. It examines whether the tribes may breach the international human rights obligations of the US, whether the tribal violations may incur US international responsibility, and if so, what consequences might result. It constructs an argument that the US has failed to implement fully its international human rights obligations and that it can be held internationally responsible for tribal violations of human rights. This argument leads to policy recommendations for the US and tribal governments. International Responsibility for Human Rights Violations by American Indian Tribes ii TABLE OF CONTENTS Abstract i List of Abbreviations iii Table of Cases iv Table of Treaties and Other International Documents vi Table of National Laws and Other National Documents vii A INTRODUCTION 1 B STATUS OF AMERICAN INDIAN TRIBES IN MUNICIPAL LAW 2 C TRIBAL VIOLATIONS OF INTERNATIONAL HUMAN RIGHTS OBLIGATIONS BINDING ON THE UNITED STATES 7 1 International Human Rights Obligations 7 2 US Implementation of its Human Rights Obligations 8 3 Tribal Human Rights Violations 14 D DOMESTIC REMEDIES FOR TRIBAL VIOLATIONS 19 1 Access to Courts 19 2 Substantive Remedies 23 E ATTRIBUTION OF TRIBAL VIOLATIONS TO THE UNITED STATES 27 1 Tribes as State Organs 27 2 Tribes as Entities Exercising Governmental Authority 31 3 Tribes as Private Entities 32 4 Tribal Agents Exceeding Authority 36 F POTENTIAL INTERNATIONAL REMEDIAL MECHANISMS 37 G CONCLUSION 42 Bibliography 45 International Responsibility for Human Rights Violations by American Indian Tribes iii LIST OF ABBREVIATIONS ACHR American Convention on Human Rights AJCL American Journal of Comparative Law AJIL American Journal of International Law EJIL European Journal of International Law CAT Committee Against Torture CERD Convention to End All Forms of Racial Discrimination Cherokee JAT Cherokee Nation Judicial Appeals Tribunal Cong Rec Congressional Record (US) CUP Cambridge University Press FR Federal Register (US) HRC Human Rights Committee IACHR Inter-American Commission on Human Rights IACtHR Inter-American Court of Human Rights ICAT International Covenant Against Torture and Other Cruel, Inhuman or Degrading Treatment ICCPR International Covenant on Civil and Political Rights ICJ International Court of Justice ICRA Indian Civil Rights Act of 1968 (US) ILC International Law Commission ILR Indian Law Reporter (US) KJLPP Kansas Journal of Law and Public Policy L Ed Lawyers’ Edition Supreme Court Reporter Okla Trib Oklahoma Tribal Court Reporter OAS Organization of American States OUP Oxford University Press RIAA Reports of International Arbitral Awards S Ct Supreme Court Reporter USSC Supreme Court of the United States of America VCCR Vienna Convention on Consular Relations UN United Nations UNGA United Nations General Assembly UNTS United Nations Treaty Series US United States of America International Responsibility for Human Rights Violations by American Indian Tribes iv
3 citations