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Access to Justice and Corporate Accountability: A Legal Case Study of HudBay in Guatemala

Citation:

Crystal, Valerie, Shin Imai, and Bernadette Maheandiran. 2014. “Access to Justice and Corporate Accountability: A Legal Case Study of HudBay in Guatemala.” Canadian Journal of Development Studies / Revue Canadienne D’Études Du Développement 35 (2): 285–303.

Authors: Shin Imai, Bernadette Maheandiran, Valerie Crystal

Abstract:

This case study looks at the avenues open for addressing serious allegations of murder, rape and assault brought by indigenous Guatemalans against a Canadian mining company, HudBay Minerals. While first-generation legal and development policy reforms have facilitated foreign mining in Guatemala, second-generation reforms have failed to address effectively conflicts arising from the development projects. The judicial mechanisms available in Guatemala are difficult to access and suffer from problems of corruption and intimidation. Relevant corporate social responsibility policies and mechanisms lack the necessary enforcement powers. Canadian courts have been reluctant to permit lawsuits against Canadian parent companies; however, in Choc v. HudBay and Yaiguaje v. Chevron Corporation, Ontario judges have allowed cases to proceed on the merits of the case, providing an important, if limited, avenue toward corporate accountability.

Keywords: mining, Latin America, Chevron, HudBay, corporate social responsibility

Topics: Corruption, Development, Extractive Industries, Gender-Based Violence, International Law, Justice, Sexual Violence, Rape, SV against women, Violence Regions: Americas, Central America, North America Countries: Canada, Guatemala

Year: 2014

Gender and the Role of Women in Colombia’s Peace Process

Citation:

Bouvier, Virginia M. 2016. Gender and the Role of Women in Colombia’s Peace Process. New York: UN Women.

Author: Virginia M. Bouvier

Abstract:

The promises and visions articulated in United Nations Security Council Resolution 1325 and subsequent UN resolutions and position papers that recognize the connection between gender equity and women’s participation in all aspects of peace processes and peacebuilding on the one hand, and international peace and security on the other, have not been fulfilled. Nonetheless, these resolutions have opened the way for advocacy that has had some successes in specific contexts. Colombia offers one such case.
 
Through desk research, literature review, and personal interviews, this paper provides an overview of the Colombian internal armed conflict and the peace process currently underway to transform it. It begins with an historical overview of the conflict, and then explores some of its gender dimensions. It analyzes the differential impact of the internal armed conflict on the lives of women and men, LBGTI persons, and boys, girls and adolescents, as well as the intersectionality between multiple components of identity, including gender, class, age, ethnicity, and region. The paper then turns to the peace process. It explores the roles of women in preparing the ground for a political solution to Colombia’s internal armed conflict. It considers women’s official, semi-official, and unofficial roles at, around, and outside the peace talks that were launched in late 2012 between the Colombian government and the Colombian Revolutionary Armed Forces (FARC-EP). This paper underscores the essentially gendered nature of both war and peace. It assesses shifting gender roles and ideologies, and the ways that they intersect with a peace process and transitions in a post-Accord period, particularly in relation to issues of transitional justice. Finally, my paper explores how greater consideration of gendered dynamics, as well as increased participation of women in the peace process and all commissions and bodies created to implement peace accords, will better equip Colombia to address the challenges ahead and will help ensure a more sustainable peace. 

Topics: Age, Armed Conflict, Class, Ethnicity, Gender, Gender Roles, Gendered Power Relations, Gender Equity, Peace and Security, International Organizations, Peacebuilding, Peace Processes, Security, UN Security Council Resolutions on WPS, UNSCR 1325 Regions: Americas, South America Countries: Colombia

Year: 2016

When Are States Hypermasculine?

Citation:

Maruska, Jennifer Heeg. 2010. “When Are States Hypermasculine?” In Gender and International Security: Feminist Perspectives, edited by Laura Sjoberg, 235-55. Oxon: Routledge.

Author: Jennifer Heeg Maruska

Annotation:

Summary: 
"By using gender as a theoretical tool, I will demonstrate how American hegemonic masculinity—or a significant subsection of it—became hypermasculine in the days, months, and years following September 11, 2001. This development is key to understanding how the war Iraq was sold to and bought by the American people. The consequences of this hypermasculinity include popular support for the March 2003 invasion of Iraq as well as the re-election of President George W. Bush in 2004. In this chapter, I will elaborate the concepts of hegemonic masculinity and hypermasculinity, based on previous theorizing (largely by R. W. Connell and Charlotte Hooper). I will then apply these principles to the post-9/11 era, suggesting that both the Bush administration (the agent) and American mainstream culture itself (the structure) contributed to the invasion of Iraq. By applying a gender-sensitive lens, and putting hypermasculinity into a historical context, both the decision to invade Iraq and the popular support such an idea received will be made much clearer" (Maruska 2010, 236).

Topics: Gender, Masculinity/ies, Gender Analysis, Gendered Discourses, Gendered Power Relations, Security Regions: Americas, North America, Asia, Middle East Countries: Iraq, United States of America

Year: 2010

Feminist Reactions to the Contemporary Security Regime

Citation:

Young, Iris Marion. 2003. “Feminist Reactions to the Contemporary Security Regime.” Hypatia 18 (1): 223–31.

Author: Iris Marion Young

Abstract:

The essay theorizes the logic of masculinist protection as an apparently benign form of male domination. It then argues that authoritarian government is often justified through a logic of masculinist protection, and that this is the form of justification for the security regime that has emerged in the United States since September 11, 2001. I argue that those who live under a security regime live within an oppressive protection racket. The paper ends by cautioning feminists not ourselves to adopt a stance of protector toward women in so-called less developed societies.

Topics: Armed Conflict, Development, Gender, Masculinity/ies, Peace and Security, Military Forces & Armed Groups, Weapons /Arms Regions: Americas, North America

Year: 2003

Tales of the Shield: A Feminist Reading of Ballistic Missile Defence

Citation:

Masters, Cristina. 2003. “Tales of the Shield: A Feminist Reading of Ballistic Missile Defence.” YCISS Working Paper 23, York Centre for International and Security Studies, York University, Ontario.

Author: Cristina Masters

Annotation:

Summary: 
“Prior to September 11th – the date by which we now frame discussions – debates around missile defence, whether national or transnational, were framed around two central points: what I call the ‘can it work’ and ‘should we or should we not do it’ debates. In regards to the first debate, the questions have been around the technological feasibility of a ballistic missile defence system. With one side arguing that it can in fact work if the commitment of time and money is put in, and the other side arguing that not only will the cost be prohibitive, but more importantly, the technological capabilities are not available even if the budget commitments are. Moreover, the time frame of putting in place even a limited ballistic missile defence system – a minimum of ten years but most likely in the 20-25 year range – undermines the stated urgency of the program (Folger 2001; Sirak 2001). The second debate, while concerned with the technological feasibility of missile defence, has been more focussed on the ‘politics’ of ballistic missile defence with the central questions being whether or not the threat of missile attack by ‘rogue’ states is indeed real or sufficient enough to warrant the construction of a defence shield (Harvey 2000; Mutimer 2001). This debate has also raised questions concerning what the effects will be as a consequence of proceeding to a missile defence program, with the potential of setting off an international arms race with China and Russia at the forefront” (Masters 2003, 1).

Topics: Armed Conflict, Gender, Weapons /Arms Regions: Americas, North America Countries: United States of America

Year: 2003

Empowering Women: Land and Property Rights in Latin America

Citation:

Deere, Carmen Diana, and Magdalena León. 2001. Empowering Women: Land and Property Rights in Latin America. Pittsburgh: University of Pittsburgh Press.

Authors: Carmen Diana Deere, Magdalena León

Annotation:

Summary: 
The expansion of married women’s property rights was a main achievement of the first wave of feminism in Latin America. As Carmen Diana Deere and Magdalena Leon reveal, however, the disjuncture between rights and actual ownership remains vast. This is particularly true in rural areas, where the distribution of land between men and women is highly unequal. In their pioneering, twelve-country comparative study, the authors argue that property ownership is directly related to women’s bargaining power within the household and community, point out changes resulting from recent gender-progressive legislation, and identify additional areas for future reform, including inheritance rights of wives. (Summary from JSTOR)

Topics: Gender, Gendered Power Relations, Households, Rights, Land Rights, Property Rights, Women's Rights Regions: Americas, Central America, South America

Year: 2001

Mastering the Struggle: Gender, Actors and Agrarian Change in a Mexican Ejido

Citation:

Brunt, Dorien. 1992. “Mastering the Struggle: Gender, Actors and Agrarian Change in a Mexican Ejido.” PhD diss., the Agricultural University in Wageningen.

Author: Dorien Brunt

Annotation:

Summary:
"This book is about power and about the social order, but it is approached through the struggles of men and women, members of an ejido in Western Mexico (highly integrated in national and international product and labour markets) to improve the quality of their lives. It explores the possibilities they see and the limitations they are confronted with, and how they try to overcome these limitations. As James Scott (1985:XV-XVII) puts it: 'Most subordinate classes throughout most of history have rarely been afforded the luxury of open political activity. Most subordinated classes are far less interested in changing the larger structures and the law than what Hobsbawm has appropriately called "working the system... to their minimum disadvantage. ... For these reasons it seems to be more important to understand what we might call everyday forms of ... resistance.'
 
"In this case, the everyday struggles are about access to land, access to credit and irrigation water, and keeping control over the land and the production process. But by no means are they only economic struggles, they are also struggles over influence, identity, ideology, creating support. Nor are these struggles only between the local population and the 'representatives of die state', but also take place within the local population itself, between men and women, between those with and those without land, between older and younger generations" (Brunt 1992, 4). 

Topics: Age, Agriculture, Class, Economies, Economic Inequality, Gender, Gendered Power Relations, Gender Equality/Inequality, Households, Infrastructure, Water & Sanitation, Livelihoods, Rights, Land Rights Regions: Americas, North America Countries: Mexico

Year: 1992

Gender, Sexuality and Disaster

Citation:

Fordham, Maureen. 2012. “Gender, Sexuality and Disaster.” In The Routledge Handbook of Hazards and Disaster Risk Reduction, edited by Ben Wisner, J. C. Gaillard, and Ilan Kelman. Oxon: Routledge.

Author: Maureen Fordham

Abstract:

In the aftermath of the Haiti earthquake, The Independent newspaper reported occurrences of the rape and sexual abuse of women and girls (Nguyen 2010). This is the most recent evidence at the time of writing that cases of gender-based violence are frequent and still at an unacceptably high level in disasters. This raises questions about why women, as compared with men, continue to be disadvantaged, abused or made vulnerable in disasters, and highlights the importance of recognising gender as of vital consideration in disaster management and in instigating measures for disaster risk reduction (DRR).

Topics: Environment, Environmental Disasters, Gender, Gender-Based Violence, Sexual Violence, Rape, Sexual Exploitation and Abuse Regions: Americas, Caribbean countries Countries: Haiti

Year: 2012

Gendered Violence in Natural Disasters: Learning from New Orleans, Haiti and Christchurch

Citation:

True, Jacqui. 2013. “Gendered Violence in Natural Disasters: Learning from New Orleans, Haiti and Christchurch.” Aotearoa New Zealand Social Work 25 (2): 78–89.

Author: Jacqui True

Abstract:

Why are women so vulnerable to violence and death as a result of disaster compared with men? This article investigates how global environmental forces in the form of natural disasters from floods, droughts and famines to earthquakes, tsunamis and hurricanes affect women and men differently. Disasters are known to have direct and indirect impacts on gender-based violence particularly against women and girls, revealing a pattern of heightened violence and vulnerability in their aftermath. These gendered impacts are directly relevant to social work theory, practice and advocacy, which seek to promote social well being and to prevent violence in homes and communities during and in the aftermath of disasters. The article argues that women’s unequal economic and social status relative to men before a disaster strikes determines the extent of their vulnerability to violence during and after a crisis. If gender-based violence and women’s particular needs are not addressed in disaster preparedness, disaster recovery plans and humanitarian assistance, then women and girls’ vulnerability will increase. The article offers some lessons based on primary research of responses to the 2010-2011 Christchurch earthquakes against the backdrop of what we know about the responses to an earthquake of similar magnitude in Haiti in 2009. It draws implications from this research for social work theory, practice and advocacy, highlighting the importance of ensuring that future disaster planning and decision making is gender-sensitive.

Keywords: canterbury earthquakes, christchurch earthquakes, disaster, women, gender, haiti earthquake, violence, disaster planning

Topics: Economies, Economic Inequality, Environment, Environmental Disasters, Gender, Gender-Based Violence, Gendered Power Relations, Gender Equality/Inequality, Humanitarian Assistance, Violence Regions: Americas, Caribbean countries, North America, Oceania Countries: Haiti, New Zealand, United States of America

Year: 2013

Gender, Water, and Climate Change in Sonora, Mexico: Implications for Policies and Programmes on Agricultural Income-Generation

Citation:

Buechler, Stephanie. 2009. “Gender, Water, and Climate Change in Sonora, Mexico: Implications for Policies and Programmes on Agricultural Income-Generation.” Gender and Development 17 (1): 51–66.

Author: Stephanie Buechler

Abstract:

This article focuses on the sustainability of gendered agricultural income-generating activities in Sonora, near the Mexico–USA border, in the context of climate change. Farming, and fruit and vegetable home-processing enterprises, still predominate in the area. However, several types of fruits can no longer be produced in this area due to warmer temperatures. Climate change has implications for the sustainability of these activities, which will affect women and men differently, affecting control over their livelihoods and food security. The article makes recommendations for development policies and programmes, for these and similar agricultural communities worldwide.

Keywords: gender, climate change, water, agriculture, Sonora, mexico

Topics: Agriculture, Development, Environment, Climate Change, Gender, Households, Infrastructure, Water & Sanitation, Livelihoods Regions: Americas, North America Countries: Mexico

Year: 2009

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