Search results for: forest rights
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 2268

Search results for: forest rights

2238 The Effect of Artificial Intelligence on Human Rights Regulations

Authors: Karam Aziz Hamdy Fahmy

Abstract:

Although human rights protection in the industrial sector has increased, human rights violations continue to occur. Although the government has passed human rights laws, labor laws, and an international treaty ratified by the United States, human rights crimes continue to occur and go undetected. The growing number of textile companies in Bekasi is also leading to an increase in human rights violations as the government has no obligation to protect them. The United States government and business leaders should respect, protect and defend the human rights of workers. The article discusses the human rights violations faced by garment factory workers in the context of the law, as well as ideas for improving the protection of workers' rights. The connection between development and human rights has long been the subject of academic debate. Therefore, to understand the dynamics between these two concepts, a number of principles have been adopted, ranging from the right to development to a human rights-based approach to development. Despite these attempts, the precise connection between development and human rights is not yet fully understood. However, the inherent interdependence between these two concepts and the idea that development efforts must respect human rights guarantees has gained momentum in recent years. It will then be examined whether the right to sustainable development is recognized.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

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2237 Community Activism for Sustainable Forest Management in Nepal: Lessons fromTarpakha Community Forest

Authors: Prem Bahadur Giri

Abstract:

The nationalization of forests during the early 1960s had become counterproductive for the conservation of forests in Nepal. Realizing this fact, the Government of Nepal initiated a paradigm shift from a government-controlled forestry system to people’s direct participation in managing forestry, conceptualizing a community forest approach in the early 1980s. The community forestry approach is expected to promote sustainable forest management, restoring degraded forests to enhance the forest condition on the one hand, and on the other, improvement of livelihoods, particularly of low-income people and forest-dependent communities, as well as promoting community ownership of a forest. As a result, the establishment of community forests started and had taken faster momentum in Nepal. Of the total land in Nepal, forest occupies 6.5 million hectares which are around 45 percent of the forest area. Of the total forest area, 1.8 million hectares have been handed over to community management. A total of 19,361 ‘community forest users groups’ are already created to manage the community forest. To streamline the governance of community forests, the enactment of ‘The Forest Act 1993’ provides a clear legal basis for managing community forests in Nepal. This article is based on an in-depth study taking the case of Tarpakha Community Forest (TCF) located in Siranchok Rural Municipality of Gorkha District in Nepal. It mainly discusses the extent to which the TCF is able to achieve the twin objectives of this community forest for catalyzing socio-economic improvement of the targeted community and conservation of the forest. The primary information was generated through in-depth interviews along with group discussions with members, the management committee, and other relevant stakeholders. The findings reveal that there is a significant improvement in the regeneration of the forest and also changes in the socio-economic status of the local community. However, coordination with local municipalities and forest governing entities is still weak.

Keywords: community forest, socio-economic benefit, sustainable forest management, Nepal

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2236 Role of Community Based Forest Management to Address Climate Change Problem: A Case of Nepalese Community Forestry

Authors: Bikram Jung Kunwar

Abstract:

Forests have central roles in climate change. The conservation of forests sequestrates the carbon from the atmosphere and also regulates the carbon cycle. However, knowingly and unknowingly the world’s forests were deforested and degraded annually at the rate of 0.18% and emitted the carbon to the atmosphere. The IPCC reports claimed that the deforestation and forest degradation accounts 1/5th of total carbon emission, which is second position after fossil fuels. Since 1.6 billion people depend on varying degree on forests for their daily livelihood, not all deforestation are undesirable. Therefore, to conserve the forests and find the livelihood opportunities for forest surrounding people is prerequisites to address the climate change problems especially in developing countries, and also a growing concern to the forestry sector researchers, planners and policy makers. The study examines the role of community based forest management in carbon mitigation and adaptation taking the examples of Nepal’s community forestry program. In the program, the government hands over a part of national forests to the local communities with sole forest management authorities. However, the government itself retained the ownership rights of forestland. Local communities organized through a local institution called Community Forest User Group (CFUG) managed the forests. They also formed an operational plan with technical prescriptions and a constitution with forest management rules and regulations. The implementation results showed that the CFUGs are not only found effective to organize the local people and construct a local institution to forest conservation and management activities, but also they are able to collect a community fund from the sale of forest products and carried out various community development activities. These development activities have decisive roles to improve the livelihood of forest surrounding people and eventually to address the climate change problems.

Keywords: climate change, community forestry, local institution, Nepal

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2235 Human Rights Violation in Modern Society

Authors: Shenouda Salib Hosni Rofail

Abstract:

The interface between development and human rights has long been the subject of scholarly debate. As a result, a set of principles ranging from the right to development to a human rights-based approach to development has been adopted to understand the dynamics between the two concepts. Despite these attempts, the exact link between development and human rights is not yet fully understood. However, the inevitable interdependence between the two concepts and the idea that development efforts must be made while respecting human rights have gained prominence in recent years. On the other hand, the emergence of sustainable development as a widely accepted approach to development goals and policies further complicates this unresolved convergence. The place of sustainable development in the human rights discourse and its role in ensuring the sustainability of development programs require systematic research. The aim of this article is, therefore, to examine the relationship between development and human rights, with a particular focus on the place of the principles of sustainable development in international human rights law. It will continue to examine whether it recognizes the right to sustainable development. Thus, the Article states that the principles of sustainable development are recognized directly or implicitly in various human rights instruments, which is an affirmative answer to the question posed above. Accordingly, this document scrutinizes international and regional human rights instruments, as well as the case law and interpretations of human rights bodies, to support this hypothesis.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security.

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2234 Assessment of Non-Timber Forest Products from Community Managed Forest of Thenzawl Forest Division, Mizoram, Northeast India

Authors: K. Lalhmingsangi, U. K. Sahoo

Abstract:

Non-Timber Forest Products represent one of the key sources of income and subsistence to the fringe communities living in rural areas. A study was conducted for the assessment of NTFP within the community forest of five villages under Thenzawl forest division. Participatory Rural Appraisal (PRA), questionnaire, field exercise, discussion and interview with the first hand NTFP exploiter and sellers was adopted for the field study. Fuel wood, medicinal plants, fodder, wild vegetables, fruits, broom grass, thatch grass, bamboo pole and cane species are the main NTFP harvested from the community forest. Among all the NTFPs, the highest percentage of household involvement was found in fuel wood, i.e. 53% of household and least in medicinal plants 5%. They harvest for their own consumption as well as for selling to the market to meet their needs. Edible food and fruits are sold to the market and it was estimated that 300 (Rs/hh/yr) was earned by each household through the selling of this NTFP from the community forest alone. No marketing channels are linked with fuelwood, medicinal plants and fodder since they harvest only for their own consumption.

Keywords: community forest, subsistence, non-timber forest products, Thenzawl Forest Division

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2233 The Impact of Artificial Intelligence on Human Rights Priciples and Obligations

Authors: Rady Farag Aziz Ibrahim

Abstract:

The gap between Islamic terrorism and human rights has become an important issue in the fight against Islamic terrorism worldwide. This situation is repeated because terrorism and human rights are interconnected in such a way that when the former begins, the latter becomes subject to violence. This unknown relationship was recognized in the Vienna Declaration and Program of Action adopted at the International Conference on Human Rights held in Vienna on 25 June 1993, confirming that terrorist acts, in all their forms and manifestations, aim to destroy the rights of individuals. humanity to destroy. Therefore, Islamic terrorism is a violation of basic human rights. For this purpose, the first part of the article will focus on the relationship between terrorism and human rights and the synergy between these two concepts. The second part then explores the emerging concept of cyber threats and how they exist. Additionally, technology analysis will be conducted against threats based on human rights. This will be achieved through analysis of the concept of 'securitization' of human rights and by striking a balance between counter-terrorism measures and the protection of human rights at all costs. This article concludes with recommendations on how to balance terrorism and human rights today.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development

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2232 Horizontal Dimension of Constitutional Social Rights

Authors: Monika Florczak-Wątor

Abstract:

The main purpose of this paper is to determine the applicability of the constitutional social rights in the so-called horizontal relations, i.e. the relations between private entities. Nowadays the constitutional rights are more and more often violated by private entities and not only by the state. The private entities interfere with the privacy of individuals, limit their freedom of expression or disturb their peaceful gatherings. International corporations subordinate individuals in a way which may limit their constitutional rights. These new realities determine the new role of the constitution in protecting human rights. The paper will aim at answering two important questions. Firstly, are the private entities obliged to respect the constitutional social rights of other private entities and can they be liable for violation of these rights? Secondly, how the constitutional social rights can receive horizontal effect? Answers to these questions will have a significant meaning for the popularization of the practice of applying the Constitution among the citizens as well as for the courts which settle disputes between them.

Keywords: social rights, private relations, horizontality, constitutional rights

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2231 The Difference Between Islamic Terrorism and Tha Human Rights In The Middle East

Authors: Mina Latif Ghaly Sawiras

Abstract:

The difference between Islamic terrorism and human-rights has become a big question in the fight against Islamic terrorism globally. This is was raised on the fact that terrorism and human rights are interrelated to the extent that, when the former starts, the latter is violated. This direct linkage was recognized in the Vienna Declaration and Program of Action as adopted by the World Conference on Human Rights in Vienna on 25 June 1993 which agreed that acts of terrorism in all its forms and manifestations are aimed at the destruction of human rights. Hence, Islamic-terrorism constitutes a violation on our most basic human rights. To this end, the first part of this paper will focus on the nexus between terrorism and human rights and endeavors to draw a co-relation between these two concepts. The second part thereafter will analyse the emerging concept of cyber-terrorism and how it takes place. Further, an analysis of cyber counter-terrorism balanced as against human rights will also be undertaken. This will be done through the analysis of the concept of ‘securitization’ of human rights as well as the need to create a balance between counterterrorism efforts as against the protection of human rights at all costs. The paper will then conclude with recommendations on how to balance counter-terrorism and human rights in the modern age.

Keywords: balance, counter-terrorism, cyber-terrorism, human rights, security, violation

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2230 Design an Architectural Model for Deploying Wireless Sensor Network to Prevent Forest Fire

Authors: Saurabh Shukla, G. N. Pandey

Abstract:

The fires have become the most serious disasters to forest resources and the human environment. In recent years, due to climate change, human activities and other factors the frequency of forest fires has increased considerably. The monitoring and prevention of forest fires have now become a global concern for forest fire prevention organizations. Currently, the methods for forest fire prevention largely consist of patrols, observation from watch towers. Thus, software like deployment of the wireless sensor network to prevent forest fire is being developed to get a better estimate of the temperature and humidity prospects. Now days, wireless sensor networks are beginning to be deployed at an accelerated pace. It is not unrealistic to expect that in coming years the world will be covered with wireless sensor networks. This new technology has lots of unlimited potentials and can be used for numerous application areas including environmental, medical, military, transportation, entertainment, crisis management, homeland defense, and smart spaces.

Keywords: deployment, sensors, wireless sensor networks, forest fires

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2229 A Philosophical Study of Men's Rights Discourses in Light of Feminism

Authors: Michael Barker

Abstract:

Men’s rights activists are largely antifeminism. Evaluation of men’s rights discourses, however, shows that men’s rights’ goals would be better achieved by working with feminism. Discussion of men’s rights discourses, though, is prone to confusion because there is no commonly used men’s rights language. In the presentation ‘male sexism’, ‘matriarchy’ and ‘masculism’ will be unpacked as part of a suggested men’s rights language. Once equipped with a men’s rights vocabulary, sustained philosophical assessment of the extent to which several categories of male disadvantages are wrongful will be offered. Following this, conditions that cause each category of male sexism will be discussed. It shall be argued that male sexism is caused more so by matriarchy than by patriarchy or by feminism. In closing, the success at which various methods address the categories of male sexism will be contrasted. Ultimately, it will be shown that male disadvantages are addressed more successfully by methods that work with, than against, feminism.

Keywords: gender studies, feminism, patriarchy, men’s rights, male sexism, matriarchy, masculism

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2228 Extraction of Forest Plantation Resources in Selected Forest of San Manuel, Pangasinan, Philippines Using LiDAR Data for Forest Status Assessment

Authors: Mark Joseph Quinto, Roan Beronilla, Guiller Damian, Eliza Camaso, Ronaldo Alberto

Abstract:

Forest inventories are essential to assess the composition, structure and distribution of forest vegetation that can be used as baseline information for management decisions. Classical forest inventory is labor intensive and time-consuming and sometimes even dangerous. The use of Light Detection and Ranging (LiDAR) in forest inventory would improve and overcome these restrictions. This study was conducted to determine the possibility of using LiDAR derived data in extracting high accuracy forest biophysical parameters and as a non-destructive method for forest status analysis of San Manual, Pangasinan. Forest resources extraction was carried out using LAS tools, GIS, Envi and .bat scripts with the available LiDAR data. The process includes the generation of derivatives such as Digital Terrain Model (DTM), Canopy Height Model (CHM) and Canopy Cover Model (CCM) in .bat scripts followed by the generation of 17 composite bands to be used in the extraction of forest classification covers using ENVI 4.8 and GIS software. The Diameter in Breast Height (DBH), Above Ground Biomass (AGB) and Carbon Stock (CS) were estimated for each classified forest cover and Tree Count Extraction was carried out using GIS. Subsequently, field validation was conducted for accuracy assessment. Results showed that the forest of San Manuel has 73% Forest Cover, which is relatively much higher as compared to the 10% canopy cover requirement. On the extracted canopy height, 80% of the tree’s height ranges from 12 m to 17 m. CS of the three forest covers based on the AGB were: 20819.59 kg/20x20 m for closed broadleaf, 8609.82 kg/20x20 m for broadleaf plantation and 15545.57 kg/20x20m for open broadleaf. Average tree counts for the tree forest plantation was 413 trees/ha. As such, the forest of San Manuel has high percent forest cover and high CS.

Keywords: carbon stock, forest inventory, LiDAR, tree count

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2227 The Effect of Technology on Human Rights Rules

Authors: Adel Fathy Sadek Abdalla

Abstract:

The issue of respect for human rights in Southeast Asia has become a major concern and is attracting the attention of the international community. Basically, the Association of Southeast Asian Nations (ASEAN) made human rights one of its main issues and in the ASEAN Charter in 2008. Subsequently, the Intergovernmental Commission on Human Rights ASEAN Human Rights (AICHR) was established. AICHR is the Southeast Asia Human Rights Enforcement Commission charged with the responsibilities, functions and powers to promote and protect human rights. However, at the end of 2016, the protective function assigned to the AICHR was not yet fulfilled. This is shown by several cases of human rights violations that are still ongoing and have not yet been solved. One case that has recently come to light is human rights violations against the Rohingya people in Myanmar. Using a legal-normative approach, the study examines the urgency of establishing a human rights tribunal in Southeast Asia capable of making a decision binding on ASEAN members or guilty parties. Data shows ASEAN needs regional courts to deal with human rights abuses in the ASEAN region. In addition, the study also highlights three important factors that ASEAN should consider when establishing a human rights tribunal, namely: Volume. a significant difference in terms of democracy and human rights development among the members, a consistent implementation of the principle of non-interference and the financial issue of the continuation of the court.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security.

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2226 The Impact of Land Use Ex-Concession to the Environment in Dharmasraya District, West Sumatra Province, Indonesia

Authors: Yurike, Yonariza, Rudi Febriamansyah, Syafruddin Karimi

Abstract:

Forest is a natural resource that has an important function as a supporting element of human life. Forest degradation enormous impact on global warming is a reality we have experienced together, that disruption of ecosystems, extreme weather conditions, disruption of water management system watersheds and the threat of natural disasters as floods, landslides and droughts, even disruption food security. Dharmasraya is a district in the province of West Sumatra, which has an area of 92.150 ha of forest, which is largely a former production forest concessions (Forest Management Rights) which is supposed to be a secondary forest. This study answers about the impact of land use in the former concession area Dharmasraya on the environment. The methodology used is the household survey, key informants, and satellite data / GIS. From the results of the study, the former concession area in Dharmasraya experienced a reduction of forest cover over time significantly. Forest concessions should be secondary forests in Dharmasraya, now turned conversion to oil palm plantations. Population pressures and growing economic pressures, resulting in more intensive harvesting. As a result of these forest disturbances caused changes in forest functions. These changes put more emphasis towards economic function by ignoring social functions or ecological function. Society prefers to maximize their benefits today and pay less attention to the protection of natural resources. This causes global warming is increasing and this is not only felt by people around Dharmasraya but also the world. Land clearing by the community through a process in slash and burn. This fire was observed by NOAA satellites and recorded by the Forest Service of West Sumatra. This demonstrates the ability of trees felled trees to absorb carbon dioxide (CO2) to be lost, even with forest fires accounted for carbon dioxide emitted into the air, and this has an impact on global warming. In addition to the change of control of land into oil palm plantations water service has been poor, people began to trouble the water and oil palm plantations are located in the watershed caused the river dried up. Through the findings of this study is expected to contribute ideas to the policy makers to pay more attention to the former concession forest management as the prevention or reduction of global warming.

Keywords: climate change, community, concession forests, environment

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2225 PRISM: An Analytical Tool for Forest Plan Development

Authors: Dung Nguyen, Yu Wei, Eric Henderson

Abstract:

Analytical tools have been used for decades to assist in the development of forest plans. In 2016, a new decision support system, PRISM, was jointly developed by United States Forest Service (USFS) Northern Region and Colorado State University to support the forest planning process. Prism has a friendly user interface with functionality for database management, model development, data visualization, and sensitivity analysis. The software is tailored for USFS planning, but it is flexible enough to support planning efforts by other forestland owners and managers. Here, the core capability of PRISM and its applications in developing plans for several United States national forests are presented. The strengths of PRISM are also discussed to show its potential of being a preferable tool for managers and experts in the domain of forest management and planning.

Keywords: decision support, forest management, forest plan, graphical user interface, software

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2224 Moroccan Mountains: Forest Ecosystems and Biodiversity Conservation Strategies

Authors: Mohammed Sghir Taleb

Abstract:

Forest ecosystems in Morocco are subject increasingly to natural and human pressures. Conscious of this problem, Morocco set a strategy that focuses on programs of in-situ and ex-situ biodiversity conservation. This study is the result of a synthesis of various existing studies on biodiversity and forest ecosystems. It gives an overview of Moroccan mountain forest ecosystems and flora diversity. It also focuses on the efforts made by Morocco to conserve and sustainably manage biodiversity.

Keywords: mountain, ecosystems, conservation, Morocco

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2223 Low Pricing Strategy of Forest Products in Community Forestry Program: Subsidy to the Forest Users or Loss of Economy?

Authors: Laxuman Thakuri

Abstract:

Community-based forest management is often glorified as one of the best forest management alternatives in the developing countries like Nepal. It is also believed that the transfer of forest management authorities to local communities is decisive to take efficient decisions, maximize the forest benefits and improve the people’s livelihood. The community forestry of Nepal also aims to maximize the forest benefits; share them among the user households and improve their livelihood. However, how the local communities fix the price of forest products and local pricing made by the forest user groups affects to equitable forest benefits-sharing among the user households and their livelihood improvement objectives, the answer is largely silent among the researchers and policy-makers alike. This study examines local pricing system of forest products in the lowland community forestry and its effects on equitable benefit-sharing and livelihood improvement objectives. The study discovered that forest user groups fixed the price of forest products based on three criteria: i) costs incur in harvesting, ii) office operation costs, and iii) livelihood improvement costs through community development and income generating activities. Since user households have heterogeneous socio-economic conditions, the forest user groups have been applied low pricing strategy even for high-value forest products that the access of socio-economically worse-off households can be increased. However, the results of forest products distribution showed that as a result of low pricing strategy the access of socio-economically better-off households has been increasing at higher rate than worse-off and an inequality situation has been created. Similarly, the low pricing strategy is also found defective to livelihood improvement objectives. The study suggests for revising the forest products pricing system in community forest management and reforming the community forestry policy as well.

Keywords: community forestry, forest products pricing, equitable benefit-sharing, livelihood improvement, Nepal

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2222 Characteristics of Old-Growth and Secondary Forests in Relation to Age and Typhoon Disturbance

Authors: Teng-Chiu Lin, Pei-Jen Lee Shaner, Shin-Yu Lin

Abstract:

Both forest age and physical damages due to weather events such as tropical cyclones can influence forest characteristics and subsequently its capacity to sequester carbon. Detangling these influences is therefore a pressing issue under climate change. In this study, we compared the compositional and structural characteristics of three forests in Taiwan differing in age and severity of typhoon disturbances. We found that the two forests (one old-growth forest and one secondary forest) experiencing more severe typhoon disturbances had shorter stature, higher wood density, higher tree species diversity, and lower typhoon-induced tree mortality than the other secondary forest experiencing less severe typhoon disturbances. On the other hand, the old-growth forest had a larger amount of woody debris than the two secondary forests, suggesting a dominant role of forest age on woody debris accumulation. Of the three forests, only the two experiencing more severe typhoon disturbances formed new gaps following two 2015 typhoons, and between these two forests, the secondary forest gained more gaps than the old-growth forest. Consider that older forests generally have more gaps due to a higher background tree mortality, our findings suggest that the age effects on gap dynamics may be reversed by typhoon disturbances. This study demonstrated the effects of typhoons on forest characteristics, some of which could negate the age effects and rejuvenate older forests. If cyclone disturbances were to intensity under climate change, the capacity of older forests to sequester carbon may be reduced.

Keywords: typhoon, canpy gap, coarse woody debris, forest stature, forest age

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2221 Geographic Information System Applications in Prioritizing Karlahi Forest Reserve Area for Conservation

Authors: Samuel Hyellamada Jerry

Abstract:

This study focused on assessing conservation priorities within the Karlahi Forest Reserve of Fufore Local Government in Adamawa State. The main objective was to identify specific areas within the forest reserve that require immediate conservation attention. The research employed remote sensing and GIS techniques to achieve this goal. By overlaying the IDRIS Silva module results, a spatial distribution map was generated, highlighting the cumulative priority areas within and outside the forest. Among the total vegetated area of 26.38 km² in the Karlahi Forest Reserve, the analysis revealed that 16.16 km² were classified as high-priority conservation zones. Additionally, 4.59 km² and 5.63 km² were identified as medium and low-priority areas, respectively. In light of these findings, it is recommended that conservation efforts incorporate detailed land cover information and regular assessments of species diversity. Furthermore, strict adherence to national and state policies regarding forest reserves and parks is crucial for effective conservation management.

Keywords: priority, Karlahi, forest, reserve, IDRISI Silva, species diversity

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2220 The Various Legal Dimensions of Genomic Data

Authors: Amy Gooden

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When human genomic data is considered, this is often done through only one dimension of the law, or the interplay between the various dimensions is not considered, thus providing an incomplete picture of the legal framework. This research considers and analyzes the various dimensions in South African law applicable to genomic sequence data – including property rights, personality rights, and intellectual property rights. The effective use of personal genomic sequence data requires the acknowledgement and harmonization of the rights applicable to such data.

Keywords: artificial intelligence, data, law, genomics, rights

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2219 Beyond the 'Human Rights and Development' Discourse: A Quest for a Right to Sustainable Development in International Human Rights Law

Authors: Roman Girma Teshome

Abstract:

The intersection between development and human rights has been the point of scholarly debate for a long time. Consequently, a number of principles, which extend from the right to development to the human rights-based approach to development, have been adopted to understand the dynamics between the two concepts. Despite these attempts, the exact relationship between development and human rights has not been fully discovered yet. However, the inevitable interdependence between the two notions and the idea that development efforts must be undertaken by giving due regard to human rights guarantees has gained momentum in recent years. On the other hand, the emergence of sustainable development as a widely accepted approach in development goals and policies makes this unsettled convergence even more complicated. The place of sustainable development in human rights law discourse and the role of the latter in ensuring the sustainability of development programs call for a systematic study. Hence, this article seeks to explore the relationship between development and human rights, particularly focusing on the place given to sustainable development principles in international human right law. It will further quest whether there is a right to sustainable development recognized therein. Accordingly, the article asserts that the principles of sustainable development are directly or indirectly recognized in various human rights instruments, which provides an affirmative response to the question raised hereinabove. This work, therefore, will make expeditions through international and regional human rights instruments as well as case laws and interpretative guidelines of human rights bodies to prove this hypothesis.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability

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2218 Human Rights Law: A Comparative Study of the Nigerian Legal Provisions and the Islamic Law Perspectives

Authors: Abdus-Samii Imam Arikewuyo

Abstract:

The human rights phenomenon increasingly gains universal prominence in the contemporary age. This embraces the clamour for a just treatment of individuals in society. The human rights agitation is a global pursuit which virtually gave birth to many national and international human rights organizations. In particular, Nigeria accedes to a number of human rights covenants. Invariably, there are some provisions which are recognized as inalienable rights of man in his society by which his intrinsic worth and dignity are protected by law. Nonetheless, the constituents of human rights differ in various societies. Conversely, Islam, as a complete code of life, guarantees the rights of a man vis-à-vis the rights of others in his environment regardless of place and time. Human rights pressure in Nigeria in recent times prompted proactive steps to address the issue through various legal instruments. Amazingly, the struggle appears to be a rhetorical noise because the human rights violation subsists. This provokes the present research on a comparative study of the Nigerian legal provisions and the Islamic law perspectives on human rights. It is discovered that the first is simply theoretical, while the other contains both the theoretical framework and the practical measures for its enforcement. The study adopts analytical and descriptive methods. It concludes with the assertion that the Islamic law provisions are all-embracing, universal and more efficacious. Hence, it recommends the adoption of the Islamic law approach to human rights issues.

Keywords: human rights, Nigerian legal provisions, shariah law, comparative study, charter

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2217 Using Geographic Information System and Analytic Hierarchy Process for Detecting Forest Degradation in Benslimane Forest, Morocco

Authors: Loubna Khalile, Hicham Lahlaoi, Hassan Rhinane, A. Kaoukaya, S. Fal

Abstract:

Green spaces is an essential element, they contribute to improving the quality of lives of the towns around them. They are a place of relaxation, walk and rest a playground for sport and youths. According to United Nations Organization Forests cover 31% of the land. In Morocco in 2013 that cover 12.65 % of the total land area, still, a small proportion compared to the natural needs of forests as a green lung of our planet. The Benslimane Forest is a large green area It belongs to Chaouia-Ouardigha Region and Greater Casablanca Region, it is located geographically between Casablanca is considered the economic and business Capital of Morocco and Rabat the national political capital, with an area of 12261.80 Hectares. The essential problem usually encountered in suburban forests, is visitation and tourism pressure it is anthropogenic actions, as well as other ecological and environmental factors. In recent decades, Morocco has experienced a drought year that has influenced the forest with increasing human pressure and every day it suffers heavy losses, as well as over-exploitation. The Moroccan forest ecosystems are weak with intense ecological variation, domanial and imposed usage rights granted to the population; forests are experiencing a significant deterioration due to forgetfulness and immoderate use of forest resources which can influence the destruction of animal habitats, vegetation, water cycle and climate. The purpose of this study is to make a model of the degree of degradation of the forest and know the causes for prevention by using remote sensing and geographic information systems by introducing climate and ancillary data. Analytic hierarchy process was used to find out the degree of influence and the weight of each parameter, in this case, it is found that anthropogenic activities have a fairly significant impact has thus influenced the climate.

Keywords: analytic hierarchy process, degradation, forest, geographic information system

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2216 The Urgency of ASEAN Human Rights Court Establishment to Protect Human Rights in Southeast Asia

Authors: Tareq M. Aziz Elven

Abstract:

The issue of Human Rights enforcement in Southeast Asia has become the serious problem and attract the attention of international community. Principally, Association of Southeast Asian Nations (ASEAN) has mentioned the Human Rights as one of the focus and be a part of the ASEAN Charter in 2008. It was followed by the establishment of ASEAN Inter-Governmental Commission on Human Rights (AICHR). AICHR is the commission of Human Rights enforcement in Southeast Asia which has a duty, function, and an authority to conduct dissemination and protection of Human Rights. In the end of 2016, however, the function of protection mandated to AICHR have not achieved yet. It can be proved by several cases of Human Rights violation which still exist and have not settled yet. One of case which attracts the public attention recently is human rights violation towards Rohingya in Myanmar. Using the juridical-normative method, the research aims to examine the urgency of Human Rights court establishment in Southeast Asia region which able to issue the decision that binds the ASEAN members or the violating parties. The data shows that ASEAN needs to establish a regional court which intended to settle the Human Rights violations in ASEAN region. Furthermore, the research also highlights three strong factors should be settled by ASEAN for establishing human rights court i.e. the significant distinction of democracy and human rights development among the members, the strong implementation of non-intervention principle, and the financial matter to sustain the court.

Keywords: AICHR, ASEAN, human rights, human rights court

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2215 Community Forest Management and Ecological and Economic Sustainability: A Two-Way Street

Authors: Sony Baral, Harald Vacik

Abstract:

This study analyzes the sustainability of community forest management in two community forests in Terai and Hills of Nepal, representing four forest types: 1) Shorearobusta, 2) Terai hardwood, 3) Schima-Castanopsis, and 4) other Hills. The sustainability goals for this region include maintaining and enhancing the forest stocks. Considering this, we analysed changes in species composition, stand density, growing stock volume, and growth-to-removal ratio at 3-5 year intervals from 2005-2016 within 109 permanent forest plots (57 in the Terai and 52 in the Hills). To complement inventory data, forest users, forest committee members, and forest officials were consulted. The results indicate that the relative representation of economically valuable tree species has increased. Based on trends in stand density, both forests are being sustainably managed. Pole-sized trees dominated the diameter distribution, however, with a limited number of mature trees and declined regeneration. The forests were over-harvested until 2013 but under-harvested in the recent period in the Hills. In contrast, both forest types were under-harvested throughout the inventory period in the Terai. We found that the ecological dimension of sustainable forest management is strongly achieved while the economic dimension is lacking behind the current potential. Thus, we conclude that maintaining a large number of trees in the forest does not necessarily ensure both ecological and economical sustainability. Instead, priority should be given on a rational estimation of the annual harvest rates to enhance forest resource conditions together with regular benefits to the local communities.

Keywords: community forests, diversity, growing stock, forest management, sustainability, nepal

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2214 Life-Narratives and Human Rights: Reflections about the Women's Rights and State of Exception

Authors: Luana Mathias Souto

Abstract:

The situation about women’s rights it’s a sensitive issue when it’s talking about human rights. More difficult its find a way to protect these rights. Aware of this problem, this article aims to analyze the women’s rights in the Brazilian context, mainly, the reproductive rights. So, to achieve this purpose, this paper through the combination of Law, philosophy, and Literature tries to rethinking why women can’t have a voice when the decisions about their rights are taken. Methodologically, it was used as an interdisciplinary bibliographical revision between Law, philosophy, and Literature. From Literature it brings the contributions from the life-narratives as an instrument to promote human rights. Besides the life-narratives theory, it’s also used the novel The Handmaid’s tale from Margaret Atwood, which became a symbol to reflect about reproductive rights. From philosophy, it’s adopted the concepts of Homo sacer and state of exception developed by the philosopher Giorgio Agamben. The contributions of these different researches fields made possible to conclude that women are Homo sacer because governments ignore their voices and opinions when they talk about abortion. The control of the human body, mainly, women bodies it’s more important than preserving some fundamental rights and because of this, it’s so difficult to preserve and promote the human rights. Based on these conclusions, it is understood that when the state is incapable or does not want to guarantee the adequate protection of human rights, it is up to society through its various means to find ways to protect them, and this is the main proposal sought by this article.

Keywords: dystopian fiction, human rights, life-narratives, state of exception

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2213 Local Pricing Strategy Should Be the Entry Point of Equitable Benefit Sharing and Poverty Reduction in Community Based Forest Management: Some Evidences from Lowland Community Forestry in Nepal

Authors: Dhruba Khatri

Abstract:

Despite the short history of community based forest management, the community forestry program of Nepal has produced substantial positive effects to organize the local people at a local level institution called Community Forest User Group and manage the local forest resources in the line of poverty reduction since its inception in 1970s. Moreover, each CFUG has collected a community fund from the sale of forest products and non-forestry sources as well and the fund has played a vital role to improve the livelihood of user households living in and around the forests. The specific study sites were selected based on the criteria of i) community forests having dominancy of Sal forests, and ii) forests having 3-5 years experience of community forest management. The price rates of forest products fixed by the CFUGs and the distribution records were collected from the respective community forests. Nonetheless, the relation between pricing strategy and community fund collection revealed that the small change in price of forest products could greatly affect in community fund collection and carry out of forest management, community development, and income generation activities in the line of poverty reduction at local level.

Keywords: benefit sharing, community forest, equitable, Nepal

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2212 The Impact of Artificial Intelligence on Human Rights Priciples and Obligations

Authors: Adel Atta Youssef Rezkalla

Abstract:

Russia's invasion of Ukraine tested the international community and prompted not only states but also non-state actors to take deterrent measures in response. In fact, international sports federations, notably FIFA and UEFA, have managed to shift the power dynamic quite effectively by imposing a blanket ban on Russian national teams and clubs. The purpose of this article is to examine the human rights consequences of such actions by international sports organizations. First, the article moves away from assessing the legal status of FIFA and UEFA under international law and examines the question of how a legal connection can be established with their human rights obligations. Secondly, the human rights aspects of the controversial FIFA and UEFA measures against Russian athletes are examined and these are analyzed in more detail using the proportionality test than the principle of non-discrimination under international human rights law. Finally, the main avenues for redress for possible human rights violations related to the actions taken by these organizations are identified and the challenges of arbitration and litigation in Switzerland are highlighted.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security.

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2211 Forest Polices and Management in Nigeria: Are Households Willing to Pay for Forest Management?

Authors: A. O. Arowolo, M. U. Agbonlahor, P. A. Okuneye, A. E. Obayelu

Abstract:

Nigeria is rich with abundant resources with an immense contribution of the forest resource to her economic development and to the livelihood of the rural populace over the years. However, this important resource has continued to shrink because it is not sustainably used, managed or conserved. The loss of forest cover has far reaching consequences on regional, national and global economy as well as the environment. This paper reviewed the Nigeria forest management policies, the challenges and willingness to pay (WTP) for management of the community forests in Ogun State, Nigeria. Data for the empirical investigation were obtained using a cross-section survey of 160 rural households by multistage sampling technique. The WTP was assessed by the Dichotomous Choice Contingent Valuation. One major findings is that, the Nigerian forest reserves is established in order to conserve and manage forest resources but has since been neglected while the management plans are either non-existent or abandoned. Also, the free areas termed the community forests where people have unrestricted access to exploit are fast diminishing in both contents and scale. The mean WTP for sustainable management of community forests in the study area was positive with a value of ₦389.04/month. The study recommends policy measures aimed at participatory forest management plan which will include the rural communities in the management of community forests. This will help ensure sustainable management of forest resources as well as improve the welfare of the rural households.

Keywords: forests, management, WTP, Nigeria

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2210 The Implementation of Sovereignty over Natural Resources Principle: Case Study Indonesian Forest

Authors: Sri Wartini

Abstract:

Based on the sovereignty over natural resources principle, the Indonesian government has an authority to exploit the natural resources within a national jurisdiction of Indonesia. The forest is one of the natural resources which is very valuable for Indonesia. It becomes the source of raw material for many industrial activities, such as pharmaceutical industry, pulp industry, and household furniture industry. Hence, it contributes to the economic development of Indonesia. However, the exploitation of the forest may cause negative impacts, such as environmental pollution and environmental degradation. The implementation of the sovereignty over natural resources principle in Indonesia may jeopardize the forest and affect the sustainability of the forest if there is no appropriate policy of the government to exploit the forest in a sustainable manner. The exploitation of the forest in Indonesia, in some extent, has caused serious impact to environment and biodiversity. Hence, in order to sustain and to maintain the forest as the valuable resources to the future generation, the government of Indonesia has already adopted many programmes and action plans. The aim of the research is to undertake a critical examination of the issues relating to the the implementation of sovereignty over natural resources to the exploitation of the forest in Indonesia. It is a normative research and the methodology employed in this research is library research. While the approaches employed in the research are conceptual approach., statutory approach, and comparative approach. The research finds that the implementation of sovereignty over natural resources principle in the exploitation of the forest in Indonesia is limited by other principles of international environmental law, such as sustainable development principle, intergenerational principle and common concern principle which have been adopted in the government policy and various regulations regarding the exploitation of the forest in Indonesia.

Keywords: Environmental damage, negative impacts, pollution, the sovereignty over natural resources

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2209 Analyzing a Human Rights Approach to Poverty and Development Goals in the ASEAN Region

Authors: Nithya Devi

Abstract:

Poverty, hunger and water scarcity are threats to human rights and are assaults on human dignity. The very existence of man is questioned when his basic rights are violated. Addressing this social phenomenon should be a key objective of any human rights discourse. The origins of these problems have various root causes. For Asia, colonisation was an essential factor that caused great inequalities in the distribution of wealth. In the post-colonial era, the colonised states were developing nations grappling with these issues. Today, some of the developing states have progressed to developed nations. However, others remain as economically vulnerable countries. Within states, the widening income gap poses further threat to human rights. Hence ASEAN states have prioritised socio-economic rights, particularly basic needs, in the human rights discourse in this region. To date, poverty and development goals are given primary importance. This paper seeks to show how a human rights approach has dealt with poverty and development goals in this region and evaluates its effectiveness in addressing these concerns.

Keywords: ASEAN, development, human rights, poverty

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