Homa launches fourth edition of International Journal on Human Rights and Business

See the articles:
 

“Keeping the Head Up: Lessons Learned from the International Debate on Business and Human Rights” by Daniel Fernando Uribe Terán

“The World Bank Group operations in conflict affected States and the Ruggie Principles: an opportunity for accountability” by Ivan Leonardo Martinez Pinilla

“A implementação dos Princípios Ruggie. Novo progresso na conformação de um Direito Global Emergente?” by Carmen Montesinos Padilla

“Tribunal Permanente dos Povos – Uma análise do “Capítulo México” e seu legado para o Sistema Internacional dos Direitos Humanos” by Andressa Oliveira Soares and Luiz Carlos Faria Jr.

“O conceito de igualdade de gênero e empresas multinacionais: uma proposta metodológica” by Marianna Vargas de Freitas Cruz Leite

“Dupla influência e dupla projeção entre global e local: O “caso Mariana” e a (ir)responsabilidade social das empresas de mineração” by Clara Rossatto Bohrz and Jânia Maria Lopes Saldanha

“Los avances de la agenda internacional en materia de Empresas y Derechos Humanos en México” by Daniel Iglesias Márquez

“Sistemas operacionais, políticas públicas e mercado: Lições a partir dos casos de Brasil e Uruguai” by Jordan Vinícius de Oliveira and Marcos Vinício Chein Feres

“Tributação Justa no Terceiro Mundo Terceirizado” by Elizabete Rosa de Mello

“European integration and its relation with the jurisprudence of European Court of Human Rights and private international law of European Union” by Dimitris Liakopoulos

“Caleidoscópio econômico: Os limites da economia colaborativa” by Júlia Martins Rodrigues

SPECIAL SECTION
“El valor del “consenso” en la elaboración de normas sobre Empresas y Derechos Humanos” by Manoela Carneiro Roland

Homa launches third edition of International Journal on Human Rights and Business

See the articles:
 
“Estado, democracia e o poder da corporação transnacional”, by Rubens R. Sawaya
 
“A Fibria e o “Novo” papel do Estado no capitalismo brasileiro: do “Estado- empresário” ao ‘Estado-empresa”, by João Roberto Lopes Pinto and Felipe Fayer Mansoldo
 
“Colonialismo e governo empresarial no sul global”, by Flavia do Amaral Vieira
 
“Direitos Humanos e Empresas no Brasil: como as empresas mineradoras têm afetado a proteção dos Direitos Humanos no território brasileiro”, by Ana Claudia Ruy Cardia
 
“Deber de vigilancia, Derechos Humanos y Empresas Transnacionales: um repaso a los distintos modelos de lucha contra la impunidad”, by Adoración Guamán
 
“A ilusão do levantamento do véu societário e a responsabilidades das empresas por violações de Direitos Humanos“, by Sergio Marcos Carvalho de Avila Negri
 
“El forum shopping entre la OMC y los TLC. El valor del principio de la cosa juzgada en la solución de controvérsias”, by Julian Tole Martínez

The Homa Publica: International Journal on Human Rights and Business invites authors to submit papers for publication

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CALL FOR PAPERS

 

Homa Publica: International Journal on Human Rights and Business (http://homacdhe.com/journal/en/about/) is an electronic and printed scientific annual and non-profit publication organized by HOMA (Human Rights and Business Centre). The Journal is registered under ISSN 2526-0774 (online) and ISSN 2526- 9321 (printed), without quails yet, and currently invites researchers from several areas of knowledge to collaborate with unpublished texts for its next edition (v. II, n.2).

The goal of the Journal is to support scientific research and promote academic debate among researchers from educational institutions around the world, aiming at the publication of articles that have as a fundamental theme issues involving Human Rights and Business and Human Rights in general.

  1. PERIOD FOR WORK SUBMISSION
  1. Works will be received continuously and will be evaluated according to their date of reception.
  2. Authors willing to publish in the next edition (v.II, n.2) must submit the paper until 05/15/2018. The Journal is scheduled to be published in July 2018.

 

  1. PAPER SUBMISSION
  1. In order to submit papers, the author(s) should send their article(s) to the following electronic address: <http://ojs.homacdhe.com/index.php?journal=homapublica&page=about&op=submissions>.
  2. The papers must be unpublished, exclusive and regard a relevant topic for the area covered by the Journal.
  3. The submission of a scientific paper does not imply mandatory publication. Homa Publica may accept or reject any work received, in accordance with the recommendations of its Editorial Board.
  4. The approval of the paper(s) implies immediate permission for reproduction and copyright transfer, regardless of a specific authorization document, and without charge. The author will continue to own the copyright for subsequent publications.
  5. The concession for publication will be free. No article processing charges (APCs) or submission fees are required.
  6. The author(s) authorize the Journal to make corrections or modifications to adapt the text to the publication standards as well as ABNT.
  7. The selection of papers for publication is the responsibility of the Editorial Board of the journal and of its appointed referees, in a double-blind peer review system. For the acceptance of the works, the following criteria will be observed: adequacy to the editorial line of the Journal and the proposed theme, compliance with the formatting standards of articles established by this Notice and ABNT standards. Suggestions of scientific nature may proposed by the reviewers, and, if accepted by the author, will lead to a new analysis.
  8. The concepts and information contained in the texts are the sole responsibility of their authors.

 

  1. FORMATTING RULES:

The articles, reviews and case studies submitted for publication in Homa Publica – International Journal on Human Rights and Business may be sent in Portuguese, Spanish or English. The work will be published in the submitted language and may be translated in exceptional cases.

The submitted papers have the following minimum and maximum limits for their analysis by the Editorial Board and eventual publication:

  • Scientific Paper: Each work shall contain between 25,000 and 60,000 characters – Including spaces, footnotes and references;
  • Case Study: Each work shall contain between 15,000 and 25,000 characters – Including spaces, footnotes and references;
  • Critical Review: Each text shall contain between 7,000 and 15,000 characters – Including spaces, footnotes and references;

The presented Paper must comply with the following guidelines:

  1. PAPER
    Page formatting: A4 paper (21cm x 29.7cm);
  2. FONT
    Arial, size 12 for text and titles;
    Arial, size 10 for citation with more than 3 lines, footnotes, pagination, illustrations and tables captions;
  3. FORMATTING
    • Paragraph formatting:
      Arial, size 12;
      Alignment: justified;
      Line spacing: 1.5 cm;
      Spacing before and after paragraph: 1.5 cm;
    • Footnote formatting:
      Line spacing: 1 cm.
      Arial, size 10;
      Highlights should be in italics only.
    • Formatting of possible direct citation (citation with more than 3 lines):
      Spacing between lines: 1 cm, with left spacing of 3 cm, only.
    • Formatting of the Article’s title:
      Arial, size 12, bold, capitalized and centered.
    • Subtitle formatting:
      Arial,
      size 12, bold, left-aligned;
      Each item must be numbered (including the INTRODUCTION and FINAL CONSIDERATIONS sections) with Arabic numerals and separated by only one character space.
  4. MARGINS
    Left and top margins: 3.0 cm;
    Right and lower margins: 2.0 cm.
  5. PAGES
    Pages should be numbered in the header (top) right.
  6. FIRST PAGE
    The first page of the paper should contain:

    • Title of the article in the original language and in English, where this is not the original language.
    • Full name of the authors aligned to the right below the title, separated by double spacing.
    • First footnote containing: main author’s qualifications; Institution of Higher Education to which the author is bound; department of the respective institution; e-mail address and public curriculum link.
    • Abstract of up to 120 words in the original language and in English (Abstract); Both should be presented in a single paragraph each, that is, without indentation. Arial font 12, and spacing 1.5 between the lines.
    • Three to five Keywords, in the original language of the article and in English (Keywords), separated by period and finalized by period.

 

  1. FOOTNOTES
    Footnotes should be of an explanatory nature only and should not be used for citations; except for electronic citation cases, which must be indicated in the footnotes, together with the citation page (if any) and the date of access to the material.
  2. BIBLIOGRAPHICAL CITATIONS

These citations should be made by the AUTHOR/DATE system, containing, in the body of the text, the author’s last name in upper case/date of publication/page number (e.g. MARX, 1982, p.353);

  1. JURISPRUDENTIAL CITATIONS

Must contain at least the following: court, judicial body, nature and number of the case, rapporteur and date of judgment, in that order. E.g.: STJ, Xª T., REsp xxx.xxx, Rel. Min. Jxxxx Sxxxxx, j. in xx.xx.xxxx; TJRS, X.C., Ap. xxxxxxx.x, Rel. Cxxxx Dxxxxx, j. in xx.xx.xxxx (or, alternatively, publish to xx.xx.xxxx).

 

  1. REFERENCES
    The complete references should be presented in alphabetical order and at the end of the text, with single spacing between lines, but separated from each other with double spacing, according to the following model: SURNAME, Name. Book’s title. City of Publication: Publisher, year of publication. (ex: GOMES, L. G. F. F. Novel and society in Brazil. Niterói: EdUFF, 1998.)
  2. Files must be sent in two formats: in .DOC or .DOCX format. (editable), containing the author’s identification; and in .PDF, without the author’s identification.

 

  1. Articles presented in any language must comply with the same guidelines required by this notice.

 

Editorial Staff

Homa Publica: International Journal on Human Rights and Business invites researchers for the selection of new members to its Reviewers Body

 

CALL FOR REVIEWERS – REFEREES

 

The Editorial Board of the scientific journal Homa Publica: International Journal on Human Rights and Business invites researchers who meet the following requirements for the selection of new members to its Reviewers Body:

  • An updated LATTES curriculum (if Brazilian);
  • Masters Degree, PhD or a doctoral candidate in Law or related areas;
  • Confirm availability in providing two reviews per number and respect the journal’s deadlines and rules;
  • Be aware of and agree to the Editorial Policy and Publication Guidelines of Homa Publica: International Journal on Human Rights and Business, available at: http://homacdhe.com/journal/en/about/.

Anyone who fulfills the above requirements and is interested in composing the body of reviewers/referees and contributing to Homa Publica: International Journal on Human Rights and Business should send an e-mail to journal.homa.cdhe@gmail.com, indicating the following information:

  1. a) Full name;
  2. b) Email;
  3. c) Degree (with year of graduation);
  4. d) Current institutional affiliation;
  5. e) Area of interest;
  6. f) Languages suitable for evaluation;
  7. g) LATTES curriculum link.

 

The activity is unremunerated. The evaluators will receive a declaration for the academic function performed, which characterizes technical production. It is not necessary to be associated with Homa.

Editorial Staff

Professor Manoela Carneiro Roland, Homa’s coordinator (Human Rights and Business Centre), was confirmed as an official invited expert at the 3rd Session of the Intergovernamental on Transnational Corporations and others business enterprises with respect to Human Rights in United Nations – Geneva, tomorrow October 24.

The 3rd Session of the Intergovernmental on Transnational Corporations and others business enterprises with respect to Human Rights begins today, October 23, at the United Nations Palace, in Geneva – Switzerland and will finish at the end of the week (October, 27).

This session consists of the continuity of the previous two, which occurred in 2015 and 2016. However now, this session is the first one to specifically discuss the elements of the draft of the Treaty.

Professor Manoela Carneiro Roland, in her participation at the Session, will clarify the application scope of the draft, focusing her speech on the protected rights, the activities and the actors involved into the application of the Treaty. The panel will be available to watch on the United Nations TV (UNTV).

The Centre started its activities in 2012 in the Federal University of Juiz de Fora – Brazil and has the Ford Foundation’s Support. The group, coordinated by the International Law Professor Manoela Roland, develops researches based on theory and praxis about Human Rights and Business.

The Campaign Draft “Treaty on Human Rights and Transnational Corporations and Supply Chain” and The OEIGWG Chairmanship Elements for a Legally Binding Instrument on Transnational Corporations and Other Business Enterprises with Respect to Human Rights: a Comparative Analysis

The Campaign Draft “Treaty on Human Rights and Transnational Corporations and Supply Chain” and The OEIGWG Chairmanship Elements for a Legally Binding Instrument on Transnational Corporations and Other Business Enterprises with Respect to Human Rights: a Comparative Analysis

Homa launches document “New elements for the UN Business and Human Rights Treaty”

The document “New elements for the UN Business and Human Rights Treaty” is another one of a series of articles that HOMA has been elaborating as a result of its research regarding the elaboration of a binding international instrument on the subject of Business and Human Rights. This particular document stands out as an important contribution of the Center to the content of the Treaty in Business and Human Rights, objectively addressing two important points concerning the accountability of transnational corporations, namely: the direct obligation of transnational corporations and the accountability of multi-stakeholder companies.

 

UN Working Group on Business and Human Rights: Homa releases analysis of the Report of the visit to Brazil and launches campaign for the legally binding Treaty.

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The United Nations (UN) Working Group on the issue of Human Rights and transnational corporations and other business enterprises submitted to the Human Rights Council, on June 16th, the visit Report held in Brazil between December 7th and 16th, 2015. The visit – the first to Latin America and the Caribbean region – is part of the WG mandate, which has as one of its goals, besides promoting the dissemination and implementation of Ruggie’s Guiding Principles, the diagnosis of human rights situation in the countries where it goes. It also makes recommendations to national governments, enterprises and civil society.

The report makes important points about crucial issues concerning the current state of human rights protection in Brazil, especially with regard to major infrastructure projects, such as Belo Monte hydroelectric plant, to the agribusiness and to mega-events such as the 2014 World Cup and the 2016 Olympics. In this sense, several communities directly and indirectly affected by violations had the opportunity to describe their experiences to the Working Group in one of the five visited cities. Reports of violations that had occurred as a result of Belo Sun mining project on Xingu River, of the development projects in Sepetiba Bay, in Rio de Janeiro, of Suape Port industrial complex in Recife, Pernambuco, of the dams proposals for hydroelectric plants at Tapajós River, among others, were reported to the Working Group on these occasions.

Homa – Human Rights and Business Centre was also present at the meetings held in Rio de Janeiro and Mariana. This last city had just been the stage of one of the largest environmental disasters in the history of the country, with the disruption of Fundão dam in Bento Rodrigues district. There, it was handed a report made about the Açu Port Complex and its devastating impact on the population of the city of São João da Barra, in the state of Rio de Janeiro, which is also quoted in the published text.

The report produced by the WG also shows structural problems in the environmental licensing process of these projects. It expresses the group’s concern about the promiscuous relationship between private capital and the government in the country, criticizing the high degree of influence that large corporations have in the decision-making process and the formulation of public policies and legislation processes. Moreover, it exhibits the inconsistent position of the State, which acts as the major funder of such projects through the state development bank, BNDES.

Special emphasis is given to the weaknesses found in the public hearings, held as part of the environmental licensing process, and the need to take action to reduce asymmetries between the participation of affected people and those involved in these projects, such as large corporations and the State itself. This emphasis respects the Convention 169 of the International Labour Organization, which deals with the right of local people to be consulted previously, freely and in an informed way – from the early stages of planning – whenever an Administrative or Legislative Decision might affect their communities, their land or their way of life.

The Brazilian government, however, played a sad role during the Report presentation session. It tried to rebut data and facts already widely disseminated by non-governmental organizations and academic research centers with extensive advocacy and research tradition in the area. By trying to cover up or to mitigate the impact of repeated Human Rights violations by companies in our territory, the Brazilian State tarnish a strong standing tradition within the International System of Human Rights Protection, and whose logic should also be applied to the UN Human Rights Council. That is the recognition of the country’s responsibility in the event of said violations and in the proposition of improvement in prevention actions and in compensation for damages to those affected.

 

Voluntaristic approach and focus in the States

Despite significant criticism made by the Working Group, the simple reading of the report allows us to note the focus given to the state entity and the voluntary character that defines the Guiding Principles: out of the 32 recommendations made in the text, only 7 of them were aimed at corporations. Some stretches reinforce even further this position, especially in the analysis of the Mariana disaster case, in which the report states “Despite Samarco being responsible for repairing the damage, the federal government remains the primary insurer of human rights of the affected communities”.

The mining case in Mariana is particularly iconic in that sense, given that its own corporate structure is a classic example of one of the sides of the so-called architecture of impunity. It is defined as corporations use of elaborate chains of distinct legal personalities in order to protect its assets in case of serious human rights violations, such as what happened in Bento Rodrigues. The negotiation of the restructuring agreement between the enterprises and the State in this particular case was also distinguished for the lack of participation of the affected communities.

Given these statements, it behooves us to reaffirm the insufficiency of voluntary measures such as the Guiding Principles in the field of protection of human rights against abuses committed by transnational corporations. Against the climbing power and influence of transnational capital it is necessary to impose rules and binding policies that restore the primacy of respect and protection of human rights at the expense of investment protection. For this reason, the adoption of the resolution 26/9, establishing intergovernmental working group, with the mandate to prepare an international legally binding instrument, of Ecuador and South Africa’s initiative, represents an important milestone in the resumption of discussions on the objective imputation of the business entity, as well as the establishment of international cooperation instruments to obtain effective remedies for victims of violations.

In order to report this pattern of activity of companies in the national territory, which is enhanced due to the impunity from which corporations benefit, often with the connivance or complicity of the States where they develop their economic activities, Homa supports the creation of a binding treaty, joins the Global Campaign to Dismantle Corporate Power and Stop Impunity. And from today on it launches its campaign “1 minute for Human Rights” (1minutopelosdireitoshumanos.com/en).

The campaign consists of a series of videos with interviews conducted during the III International Seminar on Human Rights and Business, organized by Homa and Friedrich Ebert Foundation (FES) and held at PUC-Rio, between April 27th and 29th, 2016, that brought together more than 40 panelists from affected by Human Rights violations to member of non-governmental organizations, government officials and academics, both Brazilian and international.

Homa releases documents with recommendations about the Extraterritorial obligations of Home States

In a number of occasions, victims of human rights violations committed by transnational corporations all around the globe perceived how their countries were incapable, and sometimes even unwilling to provide an effective response for the abuses perpetrated. This scenario is a direct consequence of some of the negative effects brought by economic globalization.

The vast majority of the proposed solutions to this issue until now – including the Guiding Principles proposed by professor John Ruggie – have failed dramatically to address the growing asymmetries of our time in a deeper level, for example, the predominantly territorial human rights law vs. a complex web of transnational business operations or the enormous political-economic power of transnational corporations vs. developing countries’ dependence on foreign investment.

In an effort to centralize the discussion around the victims, it is necessary to seek alternative regulatory measures to provide an effective remedy, surpassing the accountability obstacles usually faced in the field of human rights. In that sense, one of the best instruments available to improve accountability for violations committed overseas is the exercise of extraterritorial jurisdiction by the home States of these corporations. This paper aims to briefly analyze under which circumstances should States extend their powers beyond their own territory and how they should fulfill their obligations in this field.

 

Homa releases report on the Açu Port case, located in the state of Rio de janeiro

Latin America is under a process of expansion of the mining and metallurgical sector, particularly Brazil, which placed second among the largest exporters of iron ore in the world in 2013. The economic dependence of the region in relation to this activity is alarming and subject to the vulnerabilities of high and low cycles in commodity prices, which generate structural crisis in the sector.

The 2003-2013 period represented a megacycle of commodities, under which the global im- ports of ores increased 630% (US$ 38 billion to US$ 277 billion). Over these years, the economic reliance of Brazil in export, mainly, of iron ore has deepened. Large-scale projects with government support in an attempt of boosting the economy were also carried out.

The project of the Açu Mine-Port is part of this logic, its original idea dating back from 1999, as an ambition of the government of the State of Rio de Janeiro, represented by former governor Anthony Garotinho. His government was succeeded by his wife Rosinha Garotinho, who continued the project, which has always been defended as of public interest. Through private meetings, there was the association of project with Eliezer Batista, who passed it along to his son, Eike Batista. From then, a complex system of business relations begins to unfold, making the accountability of those involved, in addition to the understanding of the case more difficult, but regardless, a problem that must be faced.