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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

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

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, 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

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

Year: 2009

Gender Essentialism in Canadian Foreign Aid Commitments to Women, Peace, and Security

Citation:

Tiessen, Rebecca. 2015. “Gender Essentialism in Canadian Foreign Aid Commitments to Women, Peace, and Security.” International Journal 70 (1): 84-100.

Author: Rebecca Tiessen

Abstract:

Canada has made a wide range of commitments to the promotion of gender equality in development assistance programming. However, in its fragile states programs, these commitments have in fact promoted gender essentialism, treating women as victims of violence rather than as active agents of peace and development. Drawing on a comparative analysis of the National Action Plan on Women, Peace and Security arising from the passing of Security Council Resolution 1325 (2000) and on interviews conducted with a small sample of current and former Canadian government officials, this article documents and analyzes Canada’s comparatively weak and limited efforts to promote gender equality abroad under the Harper Conservatives, particularly for fragile and conflict-affected states. The research presented here is situated within broader feminist critiques of international relations and Canadian foreign policy, which document the centrality of gender equality to security and the role that international and national policies play in shaping gendered security dynamics.

Keywords: gender, security, Canadian foreign policy, gender essentialism, Harper government

Topics: Feminisms, Gender, Women, Gendered Power Relations, Gender Equality/Inequality, peace and security, International Organizations, Security, UN Security Council Resolutions on WPS, UNSCR 1325, Violence Regions: Americas, North America Countries: Canada

Year: 2015

Gender and Policy Agendas in the Post-War House

Citation:

Atkinson, Mary Layton. 2017. “Gender and Policy Agendas in the Post-War House.” Policy Studies Journal, 1-23. doi: 10.1111/psj.12237.

Author: Mary Layton Atkinson

Abstract:

For decades, critical mass theory shaped expectations about the ways female politicians would behave in office. Newer studies, however, have challenged the theory's premise that “token” women will avoid championing women's interests while women serving in more gender‐diverse bodies will work together to advance them. In fact, many in the discipline now believe it is time to leave the idea of critical mass behind. These new studies have significantly advanced our knowledge of the link between women's descriptive and substantive representation. But the move away from critical mass leaves unresolved the question of how female legislators will adapt their policy priorities based on changes in the size of the female delegation. I seek to answer this question and hypothesize that the more women who serve in Congress, the less attention each female member of Congress will give to women's issues, and the more diverse the female agenda will become. This diversification should not, however, result in lower overall levels of attention to women's issues. Because responsibility for substantive representation is shared, with each woman continuing to contribute as the delegation grows, the women's agenda can diversify while attention to women's issues actually increases. An analysis of bill sponsorship data spanning 60 years provides support for my theory. I show that when the size of the female delegation grows, women increase both the breadth and depth of their collective legislative agenda—simultaneously offering increased substantive representation and representation across a wider range of topics.

Keywords: policy agendas, substantive representation, women in Congress

Topics: Gender, Women, Gender Balance, Gender Mainstreaming, Governance, Quotas, Political Participation Regions: Americas, North America Countries: United States of America

Year: 2017

Gender and the Privatization of Security: Neoliberal Transformation of the Militarized Gender Order

Citation:

Eichler, Maya. 2013. “Gender and the Privatization of Security: Neoliberal Transformation of the Militarized Gender Order.” Critical Studies on Security 1(3): 311-25.

Author: Maya Eichler

Abstract:

The increasing reliance on private military and security companies (PMSCs) in contemporary military conflict marks a historic shift in the state’s organization of military violence. This transformation has gendered underpinnings and entails gender-specific outcomes, at the same time as it reveals a gendered continuum between public and private military and security organizations. As the US example illustrates, security privatization was facilitated by the broader neoliberal transformation of the militarized gender order and itself has had negative implications for gender equality in the military and security sphere. Based on original research, this article argues that PMSCs are deeply gendered organizations whose employment practices tends to intensify the gendered division of labour that is characteristic of public militaries. While business and operational needs may allow for temporary disruptions of gender norms, masculinism remains not only vital but is reinvigorated by privatization. Political goals such as gender equality are sidelined in a sector premised on de-regulation and free markets. In contrast to problem-solving approaches that view gender as a problem of accountability or operational effectiveness in regards to PMSCs, this article shows that gender is deeply implicated in the expansion and organization of private force at the turn of the twenty-first century.

Keywords: private security, privatization of military security, PMSCs, gender, feminist security studies, neoliberalism, militarization, United States

Topics: Armed Conflict, "New Wars", Economies, Gender, Gender Roles, Gendered Power Relations, Gender Equality/Inequality, Masculinism, Military Forces & Armed Groups, Private Military & Security, Militarization, Privatization, Violence Regions: Americas, North America Countries: United States of America

Year: 2013

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