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Human Rights

Water is Life: Women's Human Rights in National and Local Water Governance in Southern and Eastern Africa

Citation:

Hellum, Anne, Patricia Kameri-Mbote, Barbara van Koppen, eds. 2015. Water Is Life: Women’s Human Rights in National and Local Water Governance in Southern and Eastern Africa. Weaver Press. 

Authors: Anne Hellum, Patricia Kameri-Mbote, Barbara van Koppen

Abstract:

This book approaches water and sanitation as an African gender and human rights issue. Empirical case studies from Kenya, Malawi, South Africa and Zimbabwe show how coexisting international, national and local regulations of water and sanitation respond to the ways in which different groups of rural and urban women gain access to water for personal, domestic and livelihood purposes. The authors, who are lawyers, sociologists, political scientists and anthropologists, explore how women cope in contexts where they lack secure rights, and participation in water governance institutions, formal and informal. The research shows how women – as producers of family food - rely on water from multiple sources that are governed by community based norms and institutions which recognize the right to water for livelihood. How these 'common pool water resources' - due to protection gaps in both international and national law - are threatened by large-scale development and commercialization initiatives, facilitated through national permit systems, is a key concern. The studies demonstrate that existing water governance structures lack mechanisms which make them accountable to poor and vulnerable waters users on the ground, most importantly women. Our findings thus underscore the need to intensify measures to hold states accountable, not just in water services provision, but in assuring the basic human right to clean drinking water and sanitation; and also to protect water for livelihoods.

Annotation:

Table of Contents 
 
Part I Introduction
1. The Human Right to Water and Sanitation in a Legal Pluralist Landscape: Perspectives of Southern and Eastern African Women
 
2. Turning the Tide: Engendering the Human Right to Water and Sanitation 
Anne Hellum, Ingunn Ikdahl and Patricia Kameri-Mbote
 
Part II Kenya
3. Human Rights, Gender and Water in Kenya: Law, Prospects and Challenges 
Patricia Kameri-Mbote and Francis Kariuki
 
4. Not so Rosy: Farm Workers’ Human Right to Water in the Lake Naivasha Basin 
Patricia Kameri-Mbote and Edna Odhiambo
 
5. Watered Down: Gender and the Human Right to Water and Reasonable Sanitation in Mathare, Nairobi 
Celestine Nyamu Musembi
 
6. Gender Dimensions of Customary Water Resource Governance: Marakwet Case Study 
Elizabeth Gachenga
 
Part III Malawi 
7. The Political Economy of the Human Right to Water and Women in Malawi 
Ngeyi Ruth Kanyongolo, Timothy Chirwa, Asiyati Chiweza and Michael Chasukwa
 
8. Women’s Right to Water and Participation in Practice: Insights from Urban Local Water Governance Systems 
Asiyati Lorraine Chiweza, Ngeyi Ruth Kanyongolo, Michael Chasukwa and Timothy Chirwa
 
9. Primary Actors on the Back Seat: Gender, Human Rights and Rural Water Governance in Malawi – Lessons from Mpemba and Chileka 
 
Part IV Zimbabwe
10. Governance, Gender Equality and the Right to Water and Sanitation in Zimbabwe: Contested Norms and Institutions in an Unstable Economic and Political Terrain 
Anne Hellum, Bill Derman, Ellen Sithole and Elizabeth Rutsate
 
11. Zimbabwe’s Urban Water Crisis and its Implications for Different Women: Emerging Norms and Practices in Harare’s High Density Suburbs 
Anne Hellum, Ellen Sithole, Bill Derman, Lindiwe Mangwanya and Elizabeth Rutsate
 
12. Securing Rural Women’s Land and Water Rights: Lessons from Domboshawa Communal Land 
Anne Hellum, Bill Derman, Lindiwe Mangwanya and Elizabeth Rutsate
 
13. A Hidden Presence: Women Farm Workers Right to Water and Sanitation in the Aftermath of the Fast Track Land Reform 
Elizabeth Rutsate, Bill Derman and Anne Hellum
 
Part V South Africa 
14. Fixing the Leaks in Women’s Human Rights to Water: Lessons from South Africa 
Barbara van Koppen, Bill Derman, Barbara Schreiner, Ebenezer Durojaye and Ngcime Mweso
 
15. Gender-Equality in Statutory Water Law: the Case of Priority General Authorizations in South Africa 
Barbara van Koppen and Barbara Schreiner
 
16. Gender, Rights, and the Politics of Productivity The Case of the Flag Boshielo Irrigation Scheme, South Africa 
Barbara van Koppen, Barbara Tapela and Everisto Mapedza
 

Topics: Class, Governance, Infrastructure, Water & Sanitation, Livelihoods, Rights, Human Rights, Women's Rights Regions: Africa, East Africa, Southern Africa Countries: Kenya, Malawi, South Africa, Zimbabwe

Year: 2015

Adding a Gender Perspective to China's Belt and Road Initiative as an International Human Rights Obligation

Citation:

Haina, Lu. 2019. “Adding a Gender Perspective to China's Belt and Road Initiative as an International Human Rights Obligation.” Frontiers of Law in China 14 (4): 455-77.

Author: Lu Haina

Abstract:

China’s Belt and Road Initiative (BRI) has a significant impact on the gender equality of receiving countries. It is noted that many BRI countries are facing challenges to realizing gender equality. Nevertheless, China has not developed a gender-mainstreaming or rights-based approach to implement the BRI. Hence, this paper argues that it is China’s international human rights obligation to develop such an approach and the country should adopt a gender policy in its BRI to ensure that its overseas investments and aid programs respect and promote gender equality. First, this paper maps China’s overseas investments and aid globally and particularly in BRI countries, and examines, in general, how the BRI may have an impact on gender equality both globally and in BRI countries. Second, the paper reviews international standards on gender equality in transnational trade and foreign investment and aid projects in the context of international human rights’ norms. It clarifies China’s obligations to promote gender equality within the BRI framework under international law. Third, based on the aforementioned findings, this paper conducts a gap analysis on the gender policy followed by China’s overseas investment and aid programs set within the context of international standards. Finally, the paper recommends some possible policy steps to ensure gender equality is mainstreamed in BRI projects of China.

Keywords: gender equality, Belt and Road Initiative, BRI, China's overseas investment, foreign aid, human rights

Topics: Development, Gender Mainstreaming, Gendered Power Relations, Gender Equality/Inequality, Infrastructure, International Law, International Human Rights, Multi-National Corporations, Privatization, Rights, Human Rights Regions: Asia, East Asia Countries: China

Year: 2019

Impact Assessment and Responsible Business Guidance Tools in the Extractive Sector: Implications for Human Rights, Gender and Stakeholder Engagement

Citation:

Simons, Penelope, Naiomi Metallic, Meinhard Doelle, Bayo Majekolagbe, and Sara Seck. 2020. “Impact Assessment and Responsible Business Guidance Tools in the Extractive Sector: Implications for Human Rights, Gender and Stakeholder Engagement.” Draft Final Report for the SSHRC Knowledge Synthesis Grant: Informing Best Practices in Environmental and Impact Assessments, Responsible Business Conduct and Impact Assessment Law, Marine and Environmental Institute, Schulrich School of Law, Dalhousie University, Halifax, Canada.

Authors: Penelope Simons, Naiomi Metallic, Meinhard Doelle, Bayo Majekolagbe, Sara Seck

Abstract:

This report aims to identify RBC tools referenced in the literature as relevant and/or promoted to Canadian extractive companies operating within and outside Canada. While not appraising or pronouncing on the quality of RBC tools, we consider the different actors that promote these diverse tools and whether there is a coherent framework for the efficient and effective application of current and future tools. We focus on RBC tools on human rights, stakeholder engagement, the rights of Indigenous peoples, and the rights of women and girls. Further, we review the position of scholars on the relationship between RBC and IA.

Topics: Extractive Industries, Gender, Girls, Women, Indigenous, Rights, Human Rights, Indigenous Rights, Women's Rights Regions: Americas, North America Countries: Canada

Year: 2020

Conservation as Enclosure: An Ecofeminist Perspective on Sustainable Development and Biopiracy in Costa Rica

Citation:

Isla, Ana. 2005. “Conservation as Enclosure: An Ecofeminist Perspective on Sustainable Development and Biopiracy in Costa Rica.” Capitalism Nature Socialism 16 (3): 49–61.

Author: Ana Isla

Annotation:

Summary:
"This paper argues that the rhetoric of sustainable development reinforces the power and reach of global capitalism. Using the language of conservation, industry, large environmental NGOs, and local government elites are sacrificing the survival of forest peoples to capital accumulation. Enclosures of common lands for the purpose of bioprospecting liquidate the customary claims of forest ownership. As a result, conservation as enclosure suppresses the human rights of local communities and the rights of nature. In this process, campesinos and indigenous people are impoverished as their local environments move from abundance to scarcity in a commodified world, and they themselves become displaced, marginalized, even criminalized, and unwaged in a waged global world. Women lose their autonomy in gender and development programs that claim to promote equality by including them in the international market. They are pushed into capitalized biotech micro-enterprises, become indebted, overextend their work time, and substitute family food production for the cultivation of medicinal plants—all for less than a minimum wage. By these predatory programs, a vulnerable local nature and vulnerable local women are tied into the world economy, not for conservation or emancipation, but to be exploited for capital accumulation" (Isla 2005, 13-4).

Topics: Development, Environment, Gender, Women, Gendered Power Relations, Gender Equality/Inequality, Indigenous, Rights, Human Rights, Indigenous Rights Regions: Americas, Central America Countries: Costa Rica

Year: 2005

The Protection of the Environment: A Gendered Analysis

Citation:

Yoshida, Keina. 2020. “The Protection of the Environment: A Gendered Analysis.” Goettingen Journal of International Law 10 (1): 283-305.

Author: Keina Yoshida

Abstract:

This article addresses the International Law Commission’s Draft Principles on the Protection of the Environment in Relation to Armed Conflicts. The main argument presented is that any principles on the protection of the environment – pre-conflict, during conflict, and post-conflict – should be complementary to and inclusive of both the Women, Peace and Security agenda and Convention on the Elimination of All Forms of Diccimination Against Women as part of a holistic and integrated approach to environmental protection. The erasure of the specific women’s human rights instruments, including Convention on the Elimination of All Forms of Diccimination Against Women, cannot be legitimized on the basis that mentioning gender equality or the right to nondiscrimination is redundant given that other more general instruments have been cited or that considering them is too controversial. Their inclusion as part of the underlying international human rights framework is vital.

Topics: Armed Conflict, Environment, Climate Change, Gender, Gendered Power Relations, Gender Equality/Inequality, Rights, Human Rights, Women's Rights, UN Security Council Resolutions on WPS

Year: 2020

Kebijakan Luar Negeri Feminis Swedia (2014-2018)

Citation:

Maha, Irayomi F. and Shary Charlotte Henriette Pattipeilohy. 2020. “Kebijakan Luar Negeri Feminis Swedia (2014-2018).” Journal of International Relations 7 (1): 1-12.

Authors: Irayomi F. Maha, Shary Charlotte Henriette Pattipeilohy

Abstract:

ENGLISH ABSTRACT:

In 2014, for the first time Sweden declared itself a country with a feminist foreign policy. The statement that drew international attention and attention was delivered by the Swedish foreign minister, Margot Wallstrӧm, who is an activist for women and gender equality. In implementing this policy, there are six external policies carried out by Sweden which are implemented by the Swedish foreign ministry and the Swedish International Development Cooperation Agency (SIDA). The six policies include; fulfillment of human rights, freedom from acts of physical, mental and sexual violence, participation of women in preventing and resolving conflicts in the pre and post-conflict period, participation in elections, fulfillment of economic and development rights and finally the right to reproduce and sexually healthy. can analyze Sweden's reasons for implementing these six policies. The unit of analysis in foreign policy consisting of individuals, countries and the international system is used. This research is an explanatory research type and qualitative research type with literature research data collection techniques and uses congruent methods to analyze data. The results of this study indicate that the three unit level analyzes, both individual, state and international system, encourage the formation of feminist foreign policy from Sweden. 

Keywords: feminist foreign policy, sweden, SIDA, individual, state, international system

Topics: Conflict, Conflict Prevention, Feminisms, Feminist Foreign Policy, Gender, Women, Gender Equality/Inequality, Governance, Elections, Post-Conflict Governance, Health, Reproductive Health, Post-Conflict, Post-Conflict Reconstruction, Rights, Human Rights, Sexual Violence Regions: Europe, Nordic states, Northern Europe Countries: Sweden

Year: 2020

Gendered (In)Security in South Africa: What Can Ubuntu Feminism Offer?

Citation:

du Plessis, Gretchen Erika. 2019. “Gendered Human (In)Security in South Africa: What Can Ubuntu Feminism Offer?” Acta Academica 51 (2): 41–63.

Author: Gretchen Erika du Plessis

Abstract:

Gendered human security as a focus for protracted violence against women in a society in transition calls for urgent attention, especially in South Africa. The author summarises some tenets of ubuntu feminism and juxtaposes them with state-centric and people-centric discourses of human security and their link to development, gendered well-being and interpersonal violence. Inadequate attention paid to human interdependency as seen through an ubuntu feminist lens is linked to poor responses in addressing interpersonal and gender violence. The argument is made that an individualised, human-rights based approach is inadequate as a frame to find sustainable solutions to intractable gendered human insecurity. Looking at human insecurity and violence against women in South Africa, this article offers three arguments in favour of ubuntu feminism for renewed efforts to analyse the issue and locate adequate responses.

Keywords: South Africa, African feminism, violence

Topics: Development, Feminisms, Gender, Women, Gender-Based Violence, Rights, Human Rights, Security, Human Security, Violence Regions: Africa, Southern Africa Countries: South Africa

Year: 2019

Women, Gender, and Human Rights

Citation:

Ali, Nada Mustafa. 2018. “Women, Gender, and Human Rights.” In Interdisciplinary Approaches to Human Rights: History, Politics, Practice, edited by Rajini Srikanth and Elora Halim Chowdhury. Abingdon: Routledge.

Author: Nada Mustafa Ali

Abstract:

This chapter serves three functions. First, it informs readers and invites them to think critically about the relevance of international human rights treaties such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) to local struggles to achieve gender equality and women’s human rights settings. The chapter also engages a question I have been grappling with for over two decades: How do we research, write, study, and/or advocate on women’s human rights and gender equality, especially in Global South settings, without reproducing “single story” and “victim-savage-savior” narratives? Without othering women and communities facing human rights abuses, social exclusion, and gender inequality? How do we avoid the trap of ethnocentricism? While such questions are relevant to research and activism on a broad range of issues, including gender-based violence, rape in war, economic marginalization, and political exclusion, I will draw on discussions around female genital mutilation (FGC/M). Focusing on Sudan, I turn to the work of scholars and writers such as Chimamanda Ngozi Adichie, Chandra T. Mohanty, and Makau Mutua; and on my research, pedagogy, and activism in engaging this and other questions. I argue that international treaties like CEDAW may constitute important starting points and frameworks that women’s organizations and activists in countries like Sudan may draw upon when advocating for women’s social, economic, and political rights. However, it is important to recognize the limitations inherent in such frameworks. It is crucial that our research and advocacy do not contribute to reinforcing negative stereotypes about women and communities. It is also important to learn from experiences elsewhere, and to avoid the pitfalls associated with transnational feminist organizing.

Topics: Gender-Based Violence, Gendered Power Relations, Gender Equality/Inequality, Rights, Human Rights, Women's Rights

Year: 2018

Gender and Land

Citation:

McDonnell, Siobhan. 2018. “Gender and Land.” In The International Encyclopedia of Anthropology, edited by H. Callan. Hoboken, NJ: John Wiley & Sons. 

Author: Siobhan McDonnell

Abstract:

Maintaining adequate access to land is central to the livelihoods of many women in rural areas. Gender has important implications for rights over access to and use of land. Scholarship on the implications of gender for land access has, since the 1970s, focused on five aspects: human-rights-based approaches; critiques of “land reforms” and structural adjustment programs that have disadvantaged women; legal pluralism and the management of land disputes through customary and state-based courts; the implications of matrilineal landholding arrangements for women's access to land; and, most recently, the gendered implications of large-scale land transformations.

Topics: Gender, Women, Land Tenure, Rights, Human Rights, Land Rights, Women's Rights

Year: 2018

Women’s Land Ownership and Relationship Power: A Mixed Methods Approach to Understanding Structural Inequities and Violence against Women

Citation:

Grabe, Shelly, Rose Grace Grose, and Anjali Dutt. 2015. “Women’s Land Ownership and Relationship Power: A Mixed Methods Approach to Understanding Structural Inequities and Violence against Women.” Psychology of Women Quarterly 39 (1): 7–19.

Authors: Shelly Grabe, Rose Grace Grose, Anjali Dutt

Abstract:

Violence against women is a widespread societal problem substantiated and perpetuated through inequities that operate within numerous levels of the society. Challenging and ending gender-based violence therefore requires addressing social structures that perpetuate gendered hierarchies and maintain women’s susceptibility to experiencing violence worldwide. The present study examines novel approaches taken by women in two different countries in the Global South, one in Nicaragua and another in Tanzania, to examine macro-level processes involved in land ownership in regions where owning land is a marker of dominance. Using data from 492 women, results from structural equation models and qualitative thematic analyses demonstrate significant links among women’s ownership of land, relationship power, and receipt of physical and psychological violence in both the countries. Collectively, the findings suggest that when women own land, they gain power within their relationships and are less likely to experience violence. Implications for theoretical conceptualizations of eradicating violence against women and practical interventions are discussed.

Keywords: Intimate partner violence, power, relationship quality, human rights, sexism, ownership, cross-cultural differences

Topics: Gender, Women, Gender-Based Violence, Gendered Power Relations, Rights, Human Rights, Land Rights Regions: Africa, East Africa, Americas, Central America Countries: Nicaragua, Tanzania

Year: 2015

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