Harming Constitutional Change
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Country Guide South Africa
Human Rights and Business Country Guide South Africa March 2015 Table of Contents How to Use this Guide .................................................................................. 3 Background & Context ................................................................................. 7 Rights Holders at Risk ........................................................................... 15 Rights Holders at Risk in the Workplace ..................................................... 15 Rights Holders at Risk in the Community ................................................... 25 Labour Standards ................................................................................. 35 Child Labour ............................................................................................... 35 Forced Labour ............................................................................................ 39 Occupational Health & Safety .................................................................... 42 Trade Unions .............................................................................................. 49 Working Conditions .................................................................................... 56 Community Impacts ............................................................................. 64 Environment ............................................................................................... 64 Land & Property ......................................................................................... 72 Revenue Transparency -
The Immediate and Long-Term Effects of Namibia's Colonization Process
The Immediate and Long-Term Effects of Namibia’s Colonization Process By: Jonathan Baker Honors Capstone Through Professor Taylor Politics of Sub-Saharan Africa Baker, 2 Table of Contents I. Authors Note II. Introduction III. Pre-Colonization IV. Colonization by Germany V. Colonization by South Africa VI. The Struggle for Independence VII. The Decolonization Process VIII. Political Changes- A Reaction to Colonization IX. Immediate Economic Changes Brought on by Independence X. Long Term Political Effects (of Colonization) XI. Long Term Cultural Effects XII. Long Term Economic Effects XIII. Prospects for the Future XIV. Conclusion XV. Bibliography XVI. Appendices Baker, 3 I. Author’s Note I learned such a great deal from this entire honors capstone project, that all the knowledge I have acquired can hardly be covered by what I wrote in these 50 pages. I learned so much more that I was not able to share both about Namibia and myself. I can now claim that I am knowledgeable about nearly all areas of Namibian history and life. I certainly am no expert, but after all of this research I can certainly consider myself reliable. I have never had such an extensive knowledge before of one academic area as a result of a school project. I also learned a lot about myself through this project. I learned how I can motivate myself to work, and I learned how I perform when I have to organize such a long and complicated paper, just to name a couple of things. The strange inability to be able to include everything I learned from doing this project is the reason for some of the more random appendices at the end, as I have a passion for both numbers and trivia. -
The Politics of Homophobia in Brazil: Congress and Social (Counter)Mobilization
The Politics of Homophobia in Brazil: Congress and Social (counter)Mobilization by Robert Tyler Valiquette A Thesis presented to The University of Guelph In partial fulfilment of requirements for the degree of Master of Arts In Political Science Guelph, Ontario, Canada © Robert Tyler Valiquette, June, 2017 ABSTRACT THE POLITICS OF HOMOPHOBIA IN BRAZIL: CONGRESS AND SOCAIL (COUNTER)MOBILIZATION Tyler Valiquette Advisor: University of Guelph, 2017 Professor J Díez In recent years, Latin America has seen significant progress in the expansion of LGBT rights such as the implementation of same-sex marriage and the creation of some of the world’s most advanced gender identity laws. Brazil was at the front of this progression and by the early 2000’s, scholars believed Brazil was poised to emerge as Latin America’s gay rights champion. Despite some advancements, the image of Brazil as a gay rights champion is nebulous. The Brazilian Congress has failed in passing federal legislation protecting sexual minorities from violence and discrimination and this thesis seeks to answer why. Qualitative interviews were conducted with LGBT activists, political aides, politicians and Evangelical Pastors. Ultimately this thesis argues that Brazil does not have LGBT anti- discrimination policy because of two factors: 1) a weakening LGBT social movement and 2) a strong countermovement to LGBT rights. iii Acknowledgements Thanks is offered to numerous people upon the completion of this thesis. First, my deepest gratitude to my supervisor, Dr. Jordi Díez. I first contacted Dr. Díez in 2015 with a simple idea for research. From that moment on, Dr. Díez offered limitless support. -
South Africa
<*x>&&<>Q&$>ee$>Q4><><>&&i<>4><><i^^ South Africa UNION OF SOUTH AFRICA HE political tension of the previous three years in the Union of South TAfrica (see articles on South Africa in the AMERICAN JEWISH YEAR BOOK, Vols. 51, 52 and 53) broke, during the period under review, into a major constitutional crisis. A struggle began between the legislature and the judi- ciary over the "entrenched clauses" of the South Africa Act, which estab- lished the Union, and over the validity of a law passed last year by Daniel Francois Malan's Nationalist Government to restrict the franchise of "Col- ored" voters in Cape Province in contravention of these provisions. Simul- taneously, non-European (nonwhite) representative bodies started a passive resistance campaign against racially discriminatory legislation enacted by the present and previous South African governments. Resulting unsettled condi- tions in the country combined with world-wide economic trends to produce signs of economic contraction in the Union. The developing political and racial crisis brought foreign correspondents to report at first hand upon conditions in South Africa. Not all their reports were objective: some were characterized by exaggeration and distortion, and some by incorrect data. This applied particularly to charges of Nationalist anti-Semitism made in some reports. E. J. Horwitz, chairman of the South African Jewish Board of Deputies (central representative body of South Afri- can Jewry) in an interview published in Die Transvaler of May 16, 1952, specifically refuted as "devoid of all truth" allegations of such anti-Semitism, made on May 5, 1952, in the American news magazine Time. -
A Critical Analysis of Public Policies on Education and LGBT Rights in Brazil
EVIDENCE REPORT No 61 IDSSexuality, Poverty and Law A Critical Analysis of Public Policies on Education and LGBT Rights in Brazil Ilana Mountian March 2014 The IDS programme on Strengthening Evidence-based Policy works across seven key themes. Each theme works with partner institutions to co-construct policy-relevant knowledge and engage in policy-influencing processes. This material has been developed under the Sexuality, Poverty and Law theme. This report was commissioned by the Institute of Development Studies, University of Sussex. Research coordinator: Dr Ilana Mountian Post-doctoral researcher at the Universidade de São Paulo and collaborator of the Núcleo de Direito Humanos e Cidadania LGBT (NUH) of the Universidade Federal de Minas Gerais Supervisory team: Sônia Corrêa Associação Brasileira Interdisciplinar de AIDS (ABIA) Prof Dr. Marco Aurélio Máximo Prado Núcleo de Direito Humanos e Cidadania LGBT (NUH) of the Universidade Federal de Minas Gerais Research Team: Rodrigo Alencar Universidade de São Paulo Igor Monteiro Núcleo de Direito Humanos e Cidadania LGBT (NUH) of the Universidade Federal de Minas Gerais We would like to thank Rogério Junqueira for his support, and Daniel Arruda and Leonardo Tolentino for the suggested material. The material has been funded by UK aid from the UK Government, however the views expressed do not necessarily reflect the UK Government’s official policies. AG Level 2 Output ID: 350 A CRITICAL ANALYSIS OF PUBLIC POLICIES ON EDUCATION AND LGBT RIGHTS IN BRAZIL Ilana Mountian March 2014 This is an Open Access publication distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are clearly credited. -
Assessment of the Impact of Decisions of the Constitutional Court and Supreme Court of Appeal on the Transformation of Society Final Report
Assessment of the Impact of Decisions of the Constitutional Court and Supreme Court of Appeal on the Transformation of Society Final Report (Consitutional Justice Report) Prepared for The Department of Justice and Constitutional Development by the Democracy, Governance and Service Delivery Research Programme of the Human Sciences Research Council in partnership with the Nelson R Mandela School of Law of the University of Fort Hare November 2015 Contents List of Main Contributors to this Report .................................................................................... 7 Research Project Team Members .............................................................................................. 8 List of tables ............................................................................................................................... 9 List of figures .............................................................................................................................. 9 List of charts ............................................................................................................................... 9 List of abbreviations ................................................................................................................. 10 Executive Summary ................................................................................................................ 12 1 BACKGROUND AND CONTEXT OF THE PROJECT ............................................................ 27 2. METHODOLOGY AND PROJECT TRAJECTORY -
A Brief History of the North West Bar Association
THE BAR IN SA was a circuit court. This led to an arrangement being made between the A brief history of the North West Bar and advocates who were employed Bar Association as lecturers at the Law Faculty of the newly established University of LCJ Maree SC, Mafikeng Transkei in terms of which lecturers were allowed to practise on a part-time basis. Thus in 1978, Don Thompson, Birth and name (Judge-President of the High Court of Bophuthatswana), F Kgomo (Judge Brian Leslie, Joe Renene and Selwyn In an old dilapidated minute book, the President of Northern Cape High Court) Miller (presently the Acting Judge following is to be found on the first and Nkabinde, Leeuw and Chulu President of the Transkei Division) all page: 'Ons, die ondergetekendes, stig (deceased) Uudges of the High Court of became members of the Society. hiermee 'n organisasie wat bekend sal Bophuthatswana). A number of our staan as die Balie van Advokate van The membership of the Society grew members have acted as judges in various Bophuthatswana, ook bekend as die steadily during the 1980s. New members divisions and Lever SC has also acted in Balie van Bophuthatswana. Die grond included Tholie Madala (a justice of the the High Court of Botswana. Our mem wet van die Vereniging is hierby aange Constitutional Court from its inception), bers have chaired various commissions heg as Bylae A.' The 'stigtingsakte' as Peter Rowan, Peter Barratt, Joe Miso, during the period when commissions of they called it, was signed by Advocates enquiries were fashionable. Vic Vakalisa (upon his return), Digby JJ Rossouw, TBR Kgalegi and LAYJ Koyana, Nona Goso, Sindi Majokweni, Thomas on 17 March 1981 at Mafikeng. -
(LGBT) in Brazil: a Spatial Analysis
DOI: 10.1590/1413-81232020255.33672019 1709 A Homicídios da População de Lésbicas, Gays, Bissexuais, Travestis, rt I G Transexuais ou Transgêneros (LGBT) no Brasil: A O uma Análise Espacial rt IC Homicide of Lesbians, Gays, Bisexuals, Travestis, Transexuals, and LE Transgender people (LGBT) in Brazil: a Spatial Analysis Wallace Góes Mendes (https://orcid.org/0000-0002-7852-7334) 1 Cosme Marcelo Furtado Passos da Silva (https://orcid.org/0000-0001-7789-1671) 1 Abstract Violence against LGBT people has Resumo A violência contra Lésbicas, Gays, Bis- always been present in our society. Brazil is the sexuais, Travestis, Transexuais ou Transgêneros country with the highest number of lethal cri- (LGBT) sempre foi presente em nossa sociedade, mes against LGBT people in the world. The aim sendo o Brasil “o país que mais registra crimes le- of this study was to describe the characteristics of tais contra essa população no mundo”. O objetivo homicides of LGBT people in Brazil using spatial foi descrever as características dos homicídios de analysis. The LGBT homicide rate was used to fa- LGBT ocorridos no Brasil por meio de uma aná- cilitate the visualization of the geographical dis- lise espacial. Utilizou-se a taxa de homicídios de tribution of homicides. Public thoroughfares and LGBT para facilitar a visualização da distribuição the victim’s home were the most common places geográfica dos homicídios. As vias públicas e as re- of occurrence. The most commonly used methods sidências das vítimas são os lugares mais comuns for killing male homosexuals and transgender pe- das ocorrências dos crimes. As armas brancas são ople were cold weapons and firearms, respectively; as mais usadas no acometimento contra homosse- however, homicides frequently involved beatings, xuais masculinos e as armas de fogo para trans- suffocation, and other cruelties. -
South African National and Provincial Elections
Report of the Commonwealth Observer Mission SOUTH AFRICAN NATIONAL AND PROVINCIAL ELECTIONS 7 May 2014 TABLE OF CONTENTS Chapter 1 Introduction 3 Chapter 2 Political Environment 4 Background 4 The campaign environment 5 Other issues: 7 Status of the IEC Chairperson 7 Emergence of new political parties 7 Agang SA 7 Economic Freedom Fighters (EFF) 8 Media 8 Chapter 3 Electoral Framework and Electoral Administration 10 Electoral System 10 The Independent Electoral Commission 11 Results Auditors 15 Chapter 4 Election Day 16 Chapter 5 Conclusions and Recommendations 19 Recommendations 21 Annexes Annex 1 List of Organisations met or consulted by the Observer Mission 23 Annex 2 List of Political Parties that contested the 2014 Elections 25 Annex 3 National and Provincial Election Timetable 31 2 Chapter 1 Introduction In response to an invitation from the Minister of International Relations and Cooperation of South Africa, the Commonwealth Secretary-General constituted an Observer Mission for the National and Provincial Elections of 7 May 2014. The Commonwealth Observer Mission was led by Nana Addo Dankwa Akufo- Addo, former Foreign Minister and Attorney-General of Ghana. The other members of the Mission were Hon. Dorothy Pine-McLarty OJ, Chairperson of the Electoral Commission of Jamaica; and Sheikh Abdul Carimo Nordine Sau, Chairperson of the National Elections Commission of Mozambique. The Mission was supported by a four-person staff team from the Commonwealth Secretariat. The Mission was tasked with determining whether the elections were conducted according to the standards for democratic elections to which South Africa had committed itself. During their time in South Africa, the Observer Mission met with a range of stakeholders including political parties, civil society organisations, media representatives, other election observer missions and Commonwealth High Commissioners. -
Exporting South Africa's Social Rights Jurisprudence Eric C
Loyola University Chicago International Law Review Volume 5 Article 4 Issue 1 Fall/Winter 2007 2007 Exporting South Africa's Social Rights Jurisprudence Eric C. Christiansen Golden Gate University School of Law Follow this and additional works at: http://lawecommons.luc.edu/lucilr Part of the International Law Commons Recommended Citation Eric C. Christiansen Exporting South Africa's Social Rights Jurisprudence, 5 Loy. U. Chi. Int'l L. Rev. 29 (2007). Available at: http://lawecommons.luc.edu/lucilr/vol5/iss1/4 This Feature Article is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola University Chicago International Law Review by an authorized administrator of LAW eCommons. For more information, please contact [email protected]. EXPORTING SOUTH AFRICA'S SOCIAL RIGHTS JURISPRUDENCE Eric C. Christiansent I. Introduction The South African Constitution and its early jurisprudence have been dis- cussed extensively among comparative constitutional law scholars and other aca- demics. Frequently, the Constitution has been described as a model document for the domestic protection of human rights, and the South African Constitutional Court, the highest court in post-apartheid South Africa, has often been lauded by political progressives and human rights activists for advancing the cause of equality and justice. One of the most distinctive elements of South Africa's jurisprudence has been its willingness to adjudicate socio-economic rights in addition to traditional civil and political rights. While the advancement of social welfare as a whole has clearly proceeded at a far slower pace than political equality, the Constitutional protection of social rights and its enforcement by the Court continues to inspire social justice advocates in their work within South Africa and abroad. -
LGBT Rights and Representation in Latin America and the Caribbean: the Influence of Structure, Movements, Institutions, and Culture
LGBT Rights and Representation in Latin America and the Caribbean: The Influence of Structure, Movements, Institutions, and Culture Javier Corrales OUT TO WIN Javier Corrales Javier Corrales is the Dwight W. Morrow 1895 Corrales obtained his Ph.D. in political science Professor of Political Science at Amherst College from Harvard University. In 2005, he was chosen in Amherst, Massachusetts. to be a Fulbright Scholar in Caracas, Venezuela. Corrales’s research focuses on democratization In 2000, he became one of the youngest scholars and the political economy of development. His ever to be selected as a fellow at the Woodrow work on Latin America has concentrated on Wilson International Center for Scholars in presidential powers, political parties, economic Washington, D.C. reforms, international relations, and sexuality. Prepared in 2015 for the LGBT Representation Corrales serves on the editorial boards of Latin and Rights Initiative at the University of American Politics and Society and America’s North Carolina at Chapel Hill. Quarterly. He is co-author of The Promise of The author would like to thank Mary Byrne, Participation: Experiments in Participatory Dane Engelhart, Clara Yoon, and Abigail Xu for Governance in Honduras and Guatemala (Palgrave their research assistance. Macmillan 2013), U.S.-Venezuela Relations since The UNC LGBT Representation and Rights the 1990s: Coping with Midlevel Security Threats Research Initiative thanks Leah Elliott, Mary (Routledge 2013), and Dragon in the Tropics: Hugo Koenig, Sarah Pederson, Alison Evarts, and Chávez and the Political Economy of Revolution Alissandra Stoyan for their exceptional efforts in Venezuela (Brookings Institution Press 2011). in the preparation of this report. -
Experiences of Transgender Women/Transvestites with Access to Health Services: Progress, Limits, and Tensions
ESPAÇO TEMÁTICO: SAÚDE E DIREITOS DA POPULAÇÃO TRANS THEMATIC SECTION: TRANSGENDER HEALTH AND RIGHTS Experiências de acesso de mulheres trans/ travestis aos serviços de saúde: avanços, limites e tensões Experiences of transgender women/transvestites with access to health services: progress, limits, and tensions Experiencias de acceso de mujeres trans/travestis a servicios de salud: avances, límites y tensiones Simone Monteiro 1 Mauro Brigeiro 1 doi: 10.1590/0102-311X00111318 Resumo Correspondência S. Monteiro Laboratório de Educação em Ambiente e Saúde, Instituto Frente às mudanças e permanências nos costumes, normas e políticas sexuais Oswaldo Cruz, Fundação Oswaldo Cruz. no Brasil, o artigo analisa as experiências de acesso de mulheres trans/tra- Av. Brasil 4365, sala 49, Pavilhão Lauro Travassos, vestis aos serviços de saúde e discute a discriminação sexual/de gênero e as Rio de Janeiro, RJ 21045-900, Brasil. suas demandas aos serviços de transição de gênero e prevenção da aids. O [email protected] estudo envolveu entrevistas com nove mulheres trans/travestis, de 23-45 anos, 1 Instituto Oswaldo Cruz, Fundação Oswaldo Cruz, Rio de de das camadas populares da Baixada Fluminense, Rio de Janeiro, Brasil, rea- Janeiro, Brasil. lizadas em 2016, e observações de contextos de prostituição e sociabilidade. Comparando com as agressões vividas anos atrás, as narrativas das mulheres trans/travestis destacam avanços sociais. Relatam que os profissionais não as discriminam por sua condição, embora haja resistência ao uso do nome social. Esse constrangimento, somado aos problemas estruturais do Sistema Único de Saúde (SUS), são minimizados devido à agência das trans/travestis para obter atendimento, seja pelo recurso às redes de contatos, seja por sua consciência de direitos de cidadania.