Abstract Many of those who dare to raise their voices in defence of human rights in response to abuses committed in connection to mega-projects are being repressed in the Americas. In this context, Indigenous women leaders face multiple forms of violence, including gender-based violence. The prevailing narrative of ‘progress’ and ‘development’ that accompanies mega-projects in the region often stands in stark contrast to their lived experiences, as Indigenous women human rights defenders frequently face silencing practices from companies, authorities and other groups including paramilitary forces. In this article, I contend that Indigenous women leaders have managed to overcome the silence that is being imposed on them. But what are silencing practices? What does gender-based violence mean in this context? How do Indigenous women leaders overcome silencing practices? The article responds to these questions by focusing on the Wayúu Women’s Force mobilization in Colombia and drawing on the emerging ‘braided action’ theoretical framework.
{"title":"Overcoming Silencing Practices: Indigenous Women Defending Human Rights from Abuses Committed in Connection to Mega-Projects: A Case in Colombia","authors":"Nancy R Tapias Torrado","doi":"10.1017/bhj.2021.54","DOIUrl":"https://doi.org/10.1017/bhj.2021.54","url":null,"abstract":"Abstract Many of those who dare to raise their voices in defence of human rights in response to abuses committed in connection to mega-projects are being repressed in the Americas. In this context, Indigenous women leaders face multiple forms of violence, including gender-based violence. The prevailing narrative of ‘progress’ and ‘development’ that accompanies mega-projects in the region often stands in stark contrast to their lived experiences, as Indigenous women human rights defenders frequently face silencing practices from companies, authorities and other groups including paramilitary forces. In this article, I contend that Indigenous women leaders have managed to overcome the silence that is being imposed on them. But what are silencing practices? What does gender-based violence mean in this context? How do Indigenous women leaders overcome silencing practices? The article responds to these questions by focusing on the Wayúu Women’s Force mobilization in Colombia and drawing on the emerging ‘braided action’ theoretical framework.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"29 - 44"},"PeriodicalIF":2.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43147812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Lina M Céspedes-Báez, Enrique Prieto-Ríos, Juan P. Pontón-Serra
Abstract This paper analyses whether the implementation of business and human rights (BHR) frameworks in Colombia properly responds to the challenges posed by informal mining and gender-based violence and discrimination in the context of conflict and peacebuilding. The mining sector has been considered key in Colombia to promote economic growth, but it is also characterized by significant informality. Informal mining in Colombia has been linked to gender-based violence and discrimination. We contend that while informality has been identified as a substantial hurdle to the realization of human rights, BHR frameworks still fall short in addressing this aspect of business. By examining the specific measures Colombia has devised to implement BHR, including two National Action Plans on BHR, we demonstrate the urgency of addressing informal economies in BHR and to continue developing particular insights to properly protect, respect and remedy the human rights wrongs women experience in the context of informal mining.
{"title":"Informal Mining in Colombia: Gender-Based Challenges for the Implementation of the Business and Human Rights Agenda","authors":"Lina M Céspedes-Báez, Enrique Prieto-Ríos, Juan P. Pontón-Serra","doi":"10.1017/bhj.2021.62","DOIUrl":"https://doi.org/10.1017/bhj.2021.62","url":null,"abstract":"Abstract This paper analyses whether the implementation of business and human rights (BHR) frameworks in Colombia properly responds to the challenges posed by informal mining and gender-based violence and discrimination in the context of conflict and peacebuilding. The mining sector has been considered key in Colombia to promote economic growth, but it is also characterized by significant informality. Informal mining in Colombia has been linked to gender-based violence and discrimination. We contend that while informality has been identified as a substantial hurdle to the realization of human rights, BHR frameworks still fall short in addressing this aspect of business. By examining the specific measures Colombia has devised to implement BHR, including two National Action Plans on BHR, we demonstrate the urgency of addressing informal economies in BHR and to continue developing particular insights to properly protect, respect and remedy the human rights wrongs women experience in the context of informal mining.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"67 - 83"},"PeriodicalIF":2.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41953496","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"BHJ volume 7 issue 1 Cover and Front matter","authors":"Nora Götzmann, Joanna Bourke Martignoni, Harpreet Kaur","doi":"10.1017/bhj.2022.6","DOIUrl":"https://doi.org/10.1017/bhj.2022.6","url":null,"abstract":"","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":" ","pages":"f1 - f6"},"PeriodicalIF":2.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49464190","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
It is well documented that the private military and security industry has the capacity to do great gendered harms to both those it encounters and those it employs.1 Significantly, it is also a sector where a variety of human rights-based approaches, instruments and mechanisms have emerged beyond the United Nations Guiding Principles on Business and Human Rights (UNGPs).2 The International Code of Conduct for Private Security Providers (ICoC) addresses gender, and sexual and gender-based violence (SGBV), and explicitly requires private military and security companies (PMSCs) to integrate a gender perspective in their practices.3 Through an examination of publicly available documents and policies required for PMSCs certified as complying with the ICoC, this piece evaluates whether PMSCs do in fact integrate a gender perspective into their human rights policies and grievance procedures (see Table 1).4 Our study of certified PMSCs demonstrates that despite increased attention to the potential for negative gender impacts in the sector, companies have not developed gender-responsive policies and procedures. It can be said, therefore, that gender is not addressed in any meaningful way by PMSCs. More specifically, we conclude that PMSCs have not yet shown the required holistic understanding of gendered impacts and barriers that is required to respect human rights, and that further efforts are needed in the sector.
{"title":"Private Military and Security Companies and Gendered Human Rights Challenges: Oversight or Blatant Disregard?","authors":"Sorcha MacLeod, N. van Amstel","doi":"10.1017/bhj.2021.53","DOIUrl":"https://doi.org/10.1017/bhj.2021.53","url":null,"abstract":"It is well documented that the private military and security industry has the capacity to do great gendered harms to both those it encounters and those it employs.1 Significantly, it is also a sector where a variety of human rights-based approaches, instruments and mechanisms have emerged beyond the United Nations Guiding Principles on Business and Human Rights (UNGPs).2 The International Code of Conduct for Private Security Providers (ICoC) addresses gender, and sexual and gender-based violence (SGBV), and explicitly requires private military and security companies (PMSCs) to integrate a gender perspective in their practices.3 Through an examination of publicly available documents and policies required for PMSCs certified as complying with the ICoC, this piece evaluates whether PMSCs do in fact integrate a gender perspective into their human rights policies and grievance procedures (see Table 1).4 Our study of certified PMSCs demonstrates that despite increased attention to the potential for negative gender impacts in the sector, companies have not developed gender-responsive policies and procedures. It can be said, therefore, that gender is not addressed in any meaningful way by PMSCs. More specifically, we conclude that PMSCs have not yet shown the required holistic understanding of gendered impacts and barriers that is required to respect human rights, and that further efforts are needed in the sector.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"181 - 187"},"PeriodicalIF":2.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44324554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"BHJ volume 7 issue 1 Cover and Back matter","authors":"","doi":"10.1017/bhj.2022.7","DOIUrl":"https://doi.org/10.1017/bhj.2022.7","url":null,"abstract":"","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":" ","pages":"b1 - b2"},"PeriodicalIF":2.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46113806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Bernadette Gutmann, S. Jha, Emer O’Doherty, Ranjavati Banerji
Today’s children and youth1 are constantly exposed to a media deluge, fuelled by a globalized and ever-expanding media and information technology sector. The marketing and advertising industry has used this expansion in media platforms to more effectively target young consumers. Worldwide, 71 per cent of youth (aged 15–24 years) is online – the most connected age group – compared with 48 per cent of the total population, with regional variations.2 It is estimated that the amount spent globally on advertising targeting children in 2019 was US$4.3 billion – now one of the fastest-growing online audiences.3
{"title":"Selling Stereotypes: Reviewing the Impact of Business Advertisements on Gender Norms and Socialization","authors":"Bernadette Gutmann, S. Jha, Emer O’Doherty, Ranjavati Banerji","doi":"10.1017/bhj.2021.48","DOIUrl":"https://doi.org/10.1017/bhj.2021.48","url":null,"abstract":"Today’s children and youth1 are constantly exposed to a media deluge, fuelled by a globalized and ever-expanding media and information technology sector. The marketing and advertising industry has used this expansion in media platforms to more effectively target young consumers. Worldwide, 71 per cent of youth (aged 15–24 years) is online – the most connected age group – compared with 48 per cent of the total population, with regional variations.2 It is estimated that the amount spent globally on advertising targeting children in 2019 was US$4.3 billion – now one of the fastest-growing online audiences.3","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"157 - 162"},"PeriodicalIF":2.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48134283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The female sexual and reproductive wellness industry is flourishing, valued at around US$4.5trn globally. Heavily focused on the female reproductive life cycle, products are marketed to women and girls from puberty through to the menopausal years, with medically unsubstantiated claims that can fail to deliver on promises made and leave damaging physical and psychological side-effects. In this article we ask: do the harms caused by the sexual and reproductive wellness industry fall within the boundaries of business and human rights (BHR) scholarship? We establish the landscape of the industry, identify human rights relating to sexual and reproductive healthcare and education, and use BHR literature to make the case that the industry should be placed on the BHR research agenda so that the various tools used in BHR such as the law, corporate governance, and the weight of public consciousness, can be applied to encourage appropriate regulation of this industry.
{"title":"Enough of the ‘Snake Oil’: Applying a Business and Human Rights Lens to the Sexual and Reproductive Wellness Industry","authors":"C. Patton, Marisa McVey, Ciara Hackett","doi":"10.1017/bhj.2021.51","DOIUrl":"https://doi.org/10.1017/bhj.2021.51","url":null,"abstract":"Abstract The female sexual and reproductive wellness industry is flourishing, valued at around US$4.5trn globally. Heavily focused on the female reproductive life cycle, products are marketed to women and girls from puberty through to the menopausal years, with medically unsubstantiated claims that can fail to deliver on promises made and leave damaging physical and psychological side-effects. In this article we ask: do the harms caused by the sexual and reproductive wellness industry fall within the boundaries of business and human rights (BHR) scholarship? We establish the landscape of the industry, identify human rights relating to sexual and reproductive healthcare and education, and use BHR literature to make the case that the industry should be placed on the BHR research agenda so that the various tools used in BHR such as the law, corporate governance, and the weight of public consciousness, can be applied to encourage appropriate regulation of this industry.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"12 - 28"},"PeriodicalIF":2.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"57043927","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Kenyan flower industry is one of the largest in the world and it is estimated to contribute around one per cent to Kenya’s gross domestic product (GDP).1 According to the Kenya Flower Council (KFC), Kenya exports about 70 per cent of its cut flowers for sale on the European market.2 Women constitute around 65 to 75 per cent of the workforce in the Kenyan flower industry, performing unskilled and poorly paid jobs.3 Female floriculture workers in Kenya experience high rates of sexual harassment (SH) and other forms of workplace violence.4 SH is deeply rooted in power imbalances between the parties involved, which can impact on the ability of the victim to resist or expressly indicate that the conduct is unwelcome. Such power imbalance can threaten victims into silence, resulting in incidences going unreported.5 According to a study on gender, rights and participation in the cut flower industry in Kenya, SH is particularly prevalent among women who are supervised by male managers.6 It was found that the persistence of SH is related to the hierarchical employment structure of floriculture companies, coupled with the lack of female managerial staff, both of which also prevented women from reporting incidences of SH.
{"title":"The Implications of the Adoption of a Model Sexual Harassment Policy Within the Flower Sector in Kenya","authors":"Mary Kuira","doi":"10.1017/bhj.2021.46","DOIUrl":"https://doi.org/10.1017/bhj.2021.46","url":null,"abstract":"The Kenyan flower industry is one of the largest in the world and it is estimated to contribute around one per cent to Kenya’s gross domestic product (GDP).1 According to the Kenya Flower Council (KFC), Kenya exports about 70 per cent of its cut flowers for sale on the European market.2 Women constitute around 65 to 75 per cent of the workforce in the Kenyan flower industry, performing unskilled and poorly paid jobs.3 Female floriculture workers in Kenya experience high rates of sexual harassment (SH) and other forms of workplace violence.4 SH is deeply rooted in power imbalances between the parties involved, which can impact on the ability of the victim to resist or expressly indicate that the conduct is unwelcome. Such power imbalance can threaten victims into silence, resulting in incidences going unreported.5 According to a study on gender, rights and participation in the cut flower industry in Kenya, SH is particularly prevalent among women who are supervised by male managers.6 It was found that the persistence of SH is related to the hierarchical employment structure of floriculture companies, coupled with the lack of female managerial staff, both of which also prevented women from reporting incidences of SH.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"168 - 174"},"PeriodicalIF":2.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47569337","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Corporate-led women’s empowerment initiatives appear, in their proactiveness, to be a welcome addition to a range of measures addressing adverse human rights impacts by business. This article questions the claim that these projects significantly advance women’s rights. Instead, they can be understood as a manifestation of what Catherine Rottenberg terms ‘neoliberal feminism’ with women at risk of being transformed into ‘gender capital’ for business gain. This article rejects the claim that empowerment can only be delivered by encouraging women into market-based work. Instead, it is argued that the corporate responsibility to respect the human rights of women can better be supported by reorienting business away from its preoccupation with delivering value for shareholders, towards an approach that values women’s unpaid socially reproductive labour.
{"title":"Women and the ‘Business’ of Human Rights: The Problem with Women’s Empowerment Projects and the Need for Corporate Reform","authors":"Roseanne Russell","doi":"10.1017/bhj.2021.50","DOIUrl":"https://doi.org/10.1017/bhj.2021.50","url":null,"abstract":"Abstract Corporate-led women’s empowerment initiatives appear, in their proactiveness, to be a welcome addition to a range of measures addressing adverse human rights impacts by business. This article questions the claim that these projects significantly advance women’s rights. Instead, they can be understood as a manifestation of what Catherine Rottenberg terms ‘neoliberal feminism’ with women at risk of being transformed into ‘gender capital’ for business gain. This article rejects the claim that empowerment can only be delivered by encouraging women into market-based work. Instead, it is argued that the corporate responsibility to respect the human rights of women can better be supported by reorienting business away from its preoccupation with delivering value for shareholders, towards an approach that values women’s unpaid socially reproductive labour.","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"84 - 99"},"PeriodicalIF":2.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46088257","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Cross-border surrogacy is a global industry that offers intended parents options for family formation by providing foreign surrogate mothers remuneration, directly or via an intermediary, in excess of their actual out-of-pocket expenses. It is a multi-million-dollar business with no international regulation.1 In most countries, limited domestic regulation or oversight is in place. Many countries − such as Australia, the United Kingdom, New Zealand, Canada, Hong Kong and South Africa − only permit altruistic surrogacy, while Germany and France ban surrogacy entirely.2 Fully legalized commercial surrogacy is the model followed in some states in the United States of America (USA), as well as Georgia and Ukraine.3 This unregulated cross-border market has produced a lucrative business, with surrogacy arrangements growing by nearly 1,000 per cent between 2006 and 2010.4 The for-profit surrogacy sector has expanded and fertility not-for-profit organizations have also entered the market.5
{"title":"The Human Rights Implications of Not-for-Profit Surrogacy Organizations in Cross-Border Commercial Surrogacy: An Australian Case Study","authors":"Yingyi Luo, Shelley Marshall, D. Cuthbert","doi":"10.1017/bhj.2021.49","DOIUrl":"https://doi.org/10.1017/bhj.2021.49","url":null,"abstract":"Cross-border surrogacy is a global industry that offers intended parents options for family formation by providing foreign surrogate mothers remuneration, directly or via an intermediary, in excess of their actual out-of-pocket expenses. It is a multi-million-dollar business with no international regulation.1 In most countries, limited domestic regulation or oversight is in place. Many countries − such as Australia, the United Kingdom, New Zealand, Canada, Hong Kong and South Africa − only permit altruistic surrogacy, while Germany and France ban surrogacy entirely.2 Fully legalized commercial surrogacy is the model followed in some states in the United States of America (USA), as well as Georgia and Ukraine.3 This unregulated cross-border market has produced a lucrative business, with surrogacy arrangements growing by nearly 1,000 per cent between 2006 and 2010.4 The for-profit surrogacy sector has expanded and fertility not-for-profit organizations have also entered the market.5","PeriodicalId":9399,"journal":{"name":"Business and Human Rights Journal","volume":"7 1","pages":"163 - 167"},"PeriodicalIF":2.2,"publicationDate":"2022-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47129680","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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