The development of human rights law in response to globalization is not new, and there is

nothing inherent in the international system that would prevent further protective measures.
A number of U.N. specialized agencies have also addressed the question of globalization.
This global development is sometimes viewed as being responsible for exploitation, and
other forms of human rights abuses. On the other hand, improvements in human rights are
sometimes attributed to the spread of liberal ideas and movements, which is one of the key
dimensions of globalization. Critics say human rights have been adversely affected by
globalization for instance right to equality and other socio economic rights. The commitment
of the United Nations to the indivisibility of human rights is reflected in the Universal
Declaration of Human Rights.
Human rights are the first responsibility of governments. While globalization offers great
opportunities, the fact that its benefits are very unevenly shared and its costs unevenly
distributed represents an aspect of the process that affects the full enjoyment of all human
rights, in particular in developing countries. Inequality has risen during this present
globalization period. In this paper an attempt has been made to highlight the impact of
globalization on human rights regime.
In an age of globalization, the recognition of human dignity and the struggle to protect
human rights has become even more complex and challenging. While protections for human
rights are increasingly enacted by governments and international bodies like the United
Nations, grave threats to and gross violations of human rights are also on the rise.
The world’s financial capital is ever more integrated, and wealth is ever more centralized in
the hands of financial elites and corporate institutions. Realizing social and economic rights,
especially eradicating hunger and reducing unemployment, is becoming increasingly difficult.
Bringing conflicts to a just and durable resolution is more daunting with the increased
capacity of individuals, governments and their military forces, and other entities, including
paramilitary and extremist groups, to organize and unleash violence. These groups have

1
access to more sophisticated communications technology and more deadly instruments of
war than ever before.
Ending violence and wars, and checking impunity and disregard for international human
rights and humanitarian laws will require more than political will and moral courage.
Concrete programs and mechanisms are needed to realize the totality of human rights: civil,
political, social, economic, and cultural. We must offer peace by advocating for its concrete
manifestations in the availability of nutritious food to eat and clean water to drink, for decent
work and living wage for everyone, and health, housing and education for all.

2
UNIVERSITY OF LUSAKA

FACULTY OF LAW

SCHOOL OF POSTGRADUATE STUDIES

A RESEARCH TITLED:

The impact of globalization on the enforcement and implementation of human rights

BY

SERA DEKA

(ID # LLMHRL20221429)

Being a research proposal submitted to University of Lusaka in partial fulfilment of

requirements of an award of a Masters of Laws Degree.

3
 CHAPTER ONE
INTRODUCTION AND BACKGROUND TO THE STUDY

1.0 INTRODUCTION

This chapter serves as the dissertation's introduction. The chapter begins with the study's
background and a description of the problem, then moves on to the research objectives, research
questions, and rationale for the study, before concluding with the proposal's structure.

The world is undergoing massive social, economic, and technological change. State relations are
redefined and restructured to reflect changing social and economic realities. These changes are
not necessarily new, and they have historical parallels to some extent. At one point in history, the
desire for territorial expansion drove the changes, with some states acquiring and dominating
other territories and instilling their cultural norms and values in these societies.

Globalization can have both positive and negative impacts on human rights. On one hand,
globalization can create opportunities for economic growth, which can lead to improvements in
human rights such as access to education, healthcare, and employment opportunities.
Additionally, globalization can promote the spread of liberal ideologies, which may lead to
increased protection of civil and political rights.

The existence of globalization has a significant impact on the democracy of state actors. While it
has led to greater accountability and transparency, there are also concerns that it can undermine
the sovereignty of nation-states. As globalization continues to shape the world, it is essential to
strike a balance between promoting human rights and respecting the autonomy of state actors.

1.1 BACKGROUND INFORMATION

Human rights violations including exploitation, disenfranchisement, and other types are
sometimes attributed to global development. On the other side, the expansion of liberal
ideologies, which is one of the main aspects of globalization, is sometimes linked to
advancements in human rights.

On the one hand, many contend that economic integration in the form of trade and investment

4
encourages governiments to take advantage of the poor and marginalized, leading to repression,
exploitation, and violations of human rights. Referring to the internal liberalization of economic
rights, such as "the freedom to engage in economic transactions, without government
interference, but with government support of the institutions necessary for that freedom,
including the rule of law, sound money, and open markets," is the term "economic freedom."

A multifaceted phenomenon, globalization involves "several complicated, interrelated processes

that have their own dynamics."

Rapid cross-border exchanges are deepening and expanding as a result of technological,

communications, and media advancements.

These discussions and interactions take place between non-state actors and at all levels of
governance, making the globe increasingly interdependent (Steiner & Alston, 2000).

Human rights abuse still frequently occur and are not the exception. Amnesty International
(2006) estimates that millions of people worldwide continue to be denied even the most
fundamental rights.

The situation puts international human rights law under scrutiny because, for the most part, it
was created to stop abuse by strong nations and state actors. While the ability of civil society to
work across borders and promote human rights has increased due to globalization, other actors
now have the ability to violate those rights in unanticipated ways. The main objective of
international human rights law is to defend people and organizations against abusive behavior on
the part of governments and state actors.

According to the writers of Global Issues, the so-called infringement of the fundamental right to
labor has been brought on by globalization. According to ILO data from 1995, one-third of the
working population worldwide was either unemployed or underemployed. The informalization
of labor is another effect of globalization. 90% of India's labor works in the informal sector,
where they are subject to cruel exploitation and have no legal protection. Only 8% of the workers
there is employed in the formal sector.

An important turning point in the growth of global human rights law is the 1948 adoption of the
Universal Declaration of Human Rights. The declaration's prologue notes that "disrespect for and

5
contempt for human rights resulted in barbaric deeds that offended the conscience," which was
influenced by the Second World War's catastrophic effects and the necessity to flee from the
immense human suffering it caused to humanity.

It also states that: the peoples of the United Nations have reaffirmed in the Charter their belief in
basic human rights, in the dignity and worth of the human person, and in the equal rights of men
and women, and have resolved to promote social progress and higher standards of living in a
more liberated environment.

As a result, it is stated that the proclamation serves as "a common criterion of success for all
nations and the entire nation." Over the years, there has been debate on this projection of an
international agreement and the declaration of a global standard for what constitutes human
rights.

An argument of method and an argument of substance are two categories of criticism. The
procedural defense claims that because not all parts of the world were involved in the adoption
process, the Declaration cannot be regarded as universal. It derives its power, first and foremost,
from the fact that many African and Asian nations were still subject to some type of colonial
control in 1948, and as a result, they were excluded from the Declaration's adoption.

It should be noted that the majority of African governments did not achieve independence from
their colonial rulers and become "independent" states until the 1960s. As a result, when these
"universal" norms were adopted, their opinions were not considered. Second, the Western
influence and domination are crucial because even the composition of the declaration's authors
did not adequately represent the interests of all geographic areas.

1.2 THE RELATIONSHIP OF GLOBALIZATION AND HUMAN RIGHTS

One of the most pervasive social and economic aspects of modern society is globalization. It has
an impact on all part of our lives, whether positively or negatively, directly or indirectly. Human
rights are greatly impacted by globalization. However, we discover significant variations
between different theorists particularly in the area of determining the nature and scope of the
influence.

A thorough examination of theorists' positions on this subject identifies three groups of writers:

6
those who emphasize the positive aspects of the connection between globalization and human
rights, those who emphasize the negative aspects, and those who adopt a more eclectic stance,
basing their arguments on the presumption that globalization can advance human rights if it is
managed well.

Since globalization is widely acknowledged to be pervasive and disruptive, it is also

acknowledged to have some effect on human rights. This is due to the fact that it inevitably
results in changes to society, politics, the economy, and even culture. Globalization's transition is
sometimes contrasted with capitalism's transformation of European governments throughout the
18th century, which resulted in the atomized, individualistic society of today.

It makes sense why it has been referred to as "the second great transformation" by Professor
Rhoda Howard Hassmann.

Because of the traditional and communal type of social organization in Africa, it may be claimed
that the effects of such a transition on the social and economic situations of the populace are
more severe. While the majority of theorists agree that this shift has occurred, they do not all
share the same views regarding the nature and scope of the influence. As was already said, some
authors contend that this is a progressive development that gives individuals all around the world
several opportunities. While some contend that its effects are detrimental, others adopt an
eclectic stance.

1.2.2 THE BENEFICIAL IMPACT OF GLOBALIZATION ON HUMAN RIGHTS

It is obvious that the effects of globalization have drastically altered society. It is obvious that
globalization has fundamentally altered the nature and structure of society from its inception to
the present. Some authors based their analyses of social reality on economic interpretations and
saw these developments as progressive.

According to this school of thought, global living standards have significantly improved over
time, which has had a favorable effect on human rights. In a book aptly titled: In Defense of
Globalization, Jagdish Bhagwati makes the case that globalization has had a major and positive
impact on society by focusing on a few particular facets of social and economic life, such as
democracy, poverty, women, and the environment.

7
He believes that because it has a human face, it merits appreciation and wider promotion. Simply
put, the argument goes that commerce encourages growth, which lowers poverty, which benefits
human rights. Therefore, globalization has greatly decreased the frequency of human rights
breaches rather than perpetuating them.

This paradigm of thought also equates the existing market economy with globalization, which
has the potential to promote human rights in the long run. In this sense, the market is viewed as
one of civilization's most advanced creations and the only system able to sustainably create
prosperity, uphold free democracies, and improve people's quality of life.

Therefore, the current inequality and widespread poverty can only be reduced by further
intensifying the globalization process.

1.2.3 NEGATIVE IMPACT

While some authors have praised the trend of globalization, others have also decried the negative
effects of the human rights movement. But a rising number of recent articles on the subject
appear to underline how globalization has a detrimental impact on human rights. There are two
types of theorists in this group: those who approach it from an ideological standpoint and those
who assess the process from a neoliberal perspective.

Those who have an ideological stance view globalization as a Western capitalism imperial goal
that will never produce any beneficial results. They contend that because globalization is a
neoliberal project with predefined political and economic objectives, it cannot advance human
rights but only works to erode them.

1.3 STATEMENT OF THE PROBLEM

More attention has perhaps been paid to the globalization phenomenon than to any other topic in
recent years. However, it has become increasingly clear over the past few decades that
globalization has a detrimental effect on the exercise of human rights, particularly the economic,
social, and cultural rights protected by Articles 15 and 27 of the International Covenant on
Economic, Social, and Cultural Rights (ICESCR) and the Universal Declaration of Human
Rights (UDHR), respectively. Due to the effects of World War II, civil and political rights have
traditionally received more attention in theory and practice than economic, social, and cultural

8
rights.

In addition to linking cultures and facilitating the exchange of commodities and information,
globalization fragments global cultural groupings, drawing a clear distinction between those who
are "integrated" and those who are "excluded." Therefore, the social marginalization of
"excluded" groups that are susceptible to the loss of their cultural heritage tends to intensify
under current forms of globalization. Due to this, in some parts of the world, the exercise of
some fundamental rights, such as the freedom to work, is only permitted at the expense of
cultural identity, particularly language and a particular way of life.

To put it another way, many developing nations struggle to keep up with globalization's rapid
advancement since it demands a high level of economic competitiveness. They become even
more marginalized and poor as a result. Because of this, numerous civil society organizations
have consistently emphasized the importance of including social and development agendas in
any global trade summit, like the World Trade Organization (WTO).

As a result, globalization hinders everyone's ability to exercise their human rights, particularly
their economic, social, and cultural rights. These unfavorable effects were split into two key
problems by Professor Fantu Cheru, a former Distinguished Research Associate at the North-
South Institute in Ottawa, Canada: First, because some states are unable to predict or avert
impending financial crises, globalization can be a significant source of financial volatility or
shocks in the global financial system. Second, when a state loses the ability to regulate or
distinguish between the actions of its domestic enterprises and those of foreign firms for the
benefit of domestic trade, globalization may diminish that state's political authority or
government.

The state faces a significant difficulty in ensuring adequate funding for social services in light of
this. In other words, although the state's capacity to offer "social protection" declines with
globalization, demand for it rises.

The exercise of human rights, particularly those related to the economy, society, and culture, is
threatened by globalization. The World Bank, the World Trade Organization, and other new
market participants have been introduced as a result. The sovereignty of the state over its
economic and cultural resources has already started to be questioned by these new titans. States

9
that are morally obligated to defend and uphold ESC rights inside their separate national domains
are thereby rendered powerless to regulate the economic gains brought about by globalization.

1.4 RESEARCH OBJECTIVES

The objectives of the study are:

i. To examine the impact of globalization and its impact on human rights.

ii. To examine the present status of Globalization and Human Rights.
iii. To examine international laws governing human rights in the midst of globalization.

1.4.1 RESEARCH QUESTIONS

In order to adequately answer the problem statement in this study, the following questions will
be asked:

i. What is the impact of globalization on human rights?

ii. What is the current status of Globalization and Human Rights?
iii. What laws governing human rights?

1.5 SIGNIFICANCE OF THE STUDY

Local and national economies all over the world are becoming more interconnected as a result of
globalization. It expands global cross-border trade in products, people, services, ideas, and
technology enables more nations to join the rest of the globe and take part in interconnectedness
on a global scale.

On the other hand, the Comprehensive Study of Human Rights teaches students the skills
necessary to defend, advocate, and exercise their human rights in daily life in addition to
teaching them about human rights and the systems in place to preserve them.

The purpose of this study is to evaluate existing practices and procedures related to the
application and effects of human rights in the context of globalization.

Because it produces information that could be used to develop policy initiatives to close this
significant knowledge gap, this research is crucial. The study also adds to the corpus of
information that is expanding in the area of human rights.

10
1.6 LITERATURE REVIEW

A literature review, as defined by academics like Creswell, aids the researcher in deciding
whether a subject is worthwhile to investigate while also offering important information on how
to focus the research to a specific area that needs more investigation. Finding pertinent material
is a difficult but important endeavor.

Globalization is "multidimensional and complex processes of economic, political, and cultural

development around the world that result in growing social interconnectivity and chances for
social conflict between nations," according to B. Sumner in History, Human Rights, and
Globalization.

I think as much as the process has become complex as b summer suggest its evident that indeed
globalization has in reality created new challenges for global governance, as the traditional
boundaries between domestic and international politics have become increasingly blurred.
Global governance structures are struggling to keep pace with the rapidly changing global
landscape, as new actors and issues emerge, and existing institutions and norms are challenged
which might lead to numerous violations of human rights.

In essence, it is an interaction between people, ideas, and cultures that cuts across national
boundaries and geographic boundaries, a developing hybrid of social, political, and economic
relations between entities that diverge from their long-established patterns to create an
environment where everyone wins.

This interaction is based on the idea of "shrinking the world," which involves a collection of
disciplines and affiliations, merging and interacting with pieces to form an undivided structure.

Even as the political and economic factors that essentially drove the formation of the global
environment were very real, so was their connection to the social realm. The politics of
globalization are extremely closely related to human rights, and they have had a huge impact.

Alison Brysk has aptly noted: The current wave of globalization outpaces earlier eras in terms of
connectivity, cosmopolitanism, commodification, and communication breadth, scope, and
intensity. This confluence of standards, patterns, institutions, and markets has direct political
ramifications for human rights.

11
Three groups of challenges that the process of globalization places on national sovereignty were
succinctly outlined by Heinz Klug.

First, processes of economic, political, legal, and military entanglement are altering the
fundamental nature, extent, and capabilities of a sovereign state from above. Third, the nature
and dynamics of national political systems are altered by "claims to the interconnectedness of
political decisions and outcomes between states and their citizens" produced by global
interconnectedness. Second, the nation-state is challenged from below by local groups,
movements, and nationalisms that question its status as a representative and accountable power
system.

As a result of these pressures, international organizations, non-governmental organizations,

transnational corporations and movements, as well as individuals playing some roles in the
international system and international law, have seriously weakened the sovereignty of the state
as the sole subject of international law. "A site for the ongoing negotiation, regrouping, and
redistribution of jurisdictional authority," according to the nation-state.

Human rights can be seen more broadly as specific claims made by a person to certain material
or spiritual advantages, the fulfillment of which is reliant on the potential of the state and society.

Human rights are social in nature and are distinguished by a number of substantive connections
to the shifting parameters of social reality. This fundamental human value transcended
interactions with the state to become a valuable component of democratic political and legal
systems, helped to integrate social and legal relationships, and aided in the development of
personalities whose actions would later determine social life. growth in a globalized
environment.

"The needs of dignity, protection and development of every individual in the state, society and
the world" are described as human rights. However, there are many different conditions and
situations that have a significant impact on how human rights are understood and whether they
can be realized. One such situation is globalization.

With the help of universal principles that govern the process of social transformation, the world
has now entered a qualitatively new phase of its development. Economic globalization and the

12
fusion of nations into a single global system are external signs of this transition.

A single global socio-economic, political, and legal arena is created as a result of globalization,
as is a unified information system. Common issues in the areas of ecological, socioeconomic
development, maintaining peace, and combating terrorism in all of its forms are also resolved.

Globalization, in a significant sense, is the spread of the accomplishments of developed cultures

over the entire world, especially to low-level cultures, with the intention of bringing them up to
the standard of developed nations. Globalization also includes the perception and full
dissemination of Western civilization's market ideals, cross-border flows of capital, technology,
information, and labor, as well as the expansion of the role of international financial and
economic institutions. The economic aspect of globalization leads to political globalization.
Legal globalization is another distinction.

However, from the scholar’s analysis I am of the view Globalization has revolutionized the
world in many ways, including facilitating the movement of goods, services, people, and
information across borders. However, the process of globalization has had both positive and
negative impacts on human rights. While globalization has helped to promote economic growth,
increased access to technology, and facilitated the movement of people, it has also resulted in the
exploitation of workers, environmental degradation, and the erosion of cultural values leading to
extensive human rights degradation.

However, according to V. Popek, "globalization creates a number of problems, including the

issue of ensuring human peace and security, overcoming the risk of the spread of nuclear,
biological, and chemical weapons, viruses, environmental protection, global challenges related to
health, culture, and other problems., science, communication, etc."

I agree with the scholar because globalization has its pervasive and disruptive effects of
economy’s thus implying that they pose some effects of human rights which maybe rights
relating to health, cultural etc. this is due to the interdependence of states, global corporations
and international organizations have become more powerful and influential than national
governments making most states weak and unable to uphold their national duties towards its
citizens hence the violations in human rights because they are left with no choice but to adhere to

13
the terms given to them by those how hold the highest authority leading to multiple effects of
implementation of human rights.

1.7 RESEARCH METHODOLOGY

Numerous data gathering strategies, including both qualitative and quantitative methodologies,
were used in this study. The author's research mostly used qualitative techniques, including
conducting interviews and posing questions to predetermined target populations as well as doing
literature evaluations of relevant books, journals, opinions, and other publications.

Due to the fact that this topic was explored in focus groups and an extensive interview, a
qualitative approach was more common. The absence of Zambian-written materials on the topic
speaks for itself, as can be seen from the evidence, and studies on the promotion and protection
of children's rights are still a gray area in the study of human rights law by indigenous ancient
Zambian researchers and academics.

In order to comprehend social contexts and how informants in social settings perceive their
environment, qualitative investigation relies on description, understanding, exploration, and
interpretation. The value of qualitative research is predicated on the idea that complex social
interactions give rise to a variety of social dimensions rather than a single, unchanging,
quantifiable reality. Due to the importance of the researcher's self in observing, posing the
appropriate questions, and interacting with study participants, it is important to consider this
multiplicity.

1.8 SCOPE
The study will restrict its focus to evaluating national legal frameworks and obstacles to the
effects of the globalization of human rights.

1.9 LIMITATION

The most beneficial outcomes of this study couldn't be achieved because of time constraints. It
took more time because it was academic research. However, the researcher made the most of the
time provided for research by concentrating more on qualitative research.

14
1.10 ETHICAL CONSIDERATIONS

All those who provided information for this study have received guarantees from the researcher
that it would only be used for research reasons and that their identities won't be divulged.
Additionally, informants were given the assurance that all meetings and interviews would be
scheduled and held at the informant's convenience.

1.11 SUMMARY OF THE CHAPTERS

An overview of the study is provided in the first chapter. The literature on the subject is
compiled in the second chapter. The study's research methodology is covered in Chapter 3, the
study's findings are presented in Chapter 4, and the chapter's conclusion and changes that should
be implemented to lessen the implementation and impact of globalization on human rights are
covered in Chapter 5.

15
 CHAPTER TWO

2.0 Scope of Globalization under the concept of Human Rights.

2.1 Under the United Nations the comparative

Globalization has become an increasingly influential force in shaping the enforcement and
implementation of human rights worldwide. As globalization has intensified, it has fostered the
spread of human rights norms and values across borders, contributing to a greater awareness and
acceptance of universal human rights standards. The rise of digital communication technologies
has also empowered civil society organizations and individuals to advocate for their rights,
increasing the speed and reach of human rights campaigns.

However, globalization has also brought about new challenges for the protection of human
rights. The growth of transnational corporations and global supply chains has given rise to a
range of human rights abuses, such as forced labor, human trafficking, and environmental
degradation. In addition, the increasing interconnectedness of economies has made it more
difficult for individual states to control the flow of goods, capital, and people, leading to new
challenges in protecting the rights of workers, migrants, and refugees.

The overall impact of globalization on the enforcement and implementation of human rights is
complex and multifaceted, requiring careful consideration and ongoing efforts to strengthen

16
international legal frameworks and hold actors accountable for their actions. International
institutions and legal frameworks, such as the United Nations and the International Criminal
Court, play a critical role in promoting and enforcing human rights. However, the effectiveness
of these institutions depends on the political will and cooperation of individual states and other
actors. As globalization continues to evolve, the challenges and opportunities for the promotion
and protection of human rights will continue to evolve as well. The impact of globalization on
the enforcement and implementation of human rights is a complex and multifaceted issue. It has
been argued that globalization has both positive and negative implications for the protection of
human rights. In particular, globalization has led to an increased recognition of human rights on
a global scale and has enabled states to develop more effective mechanisms for enforcing and
implementing human rights. However, globalization has also created new challenges, such as
increasing inequality, the emergence of transnational corporations, and the emergence of new
forms of exploitation.

2.2 The Jurisprudential Perspective, on impact of globalization on the enforcement and

Implementation of Human Rights

From a jurisprudential perspective, the impact of globalization on the enforcement and

implementation of human rights can be examined through three distinct schools of thought: the
natural law school, the positivist school, and the critical school.

The natural law school views human rights as being universal in nature and holds that they
should be protected regardless of the political context. This school of thought argues that
globalization should be used to strengthen the enforcement and implementation of human rights,
as it can create new opportunities for international cooperation and can promote the uniform
application of international human rights standards. The positivist school, on the other hand,
views human rights as being created by the state and holds that they should be enforced and
implemented within the framework of domestic

Natural law theorists argue that human rights are universal and inalienable, and they are based on
morality and justice rather than the will of the state. As globalization increases, it can potentially
lead to an increase in the respect for human rights due to the universalization of certain norms

17
and values. This can result in greater enforcement of human rights and the implementation of
international human rights standards. While the legal positivists argue that human rights are not
universal and inalienable, but rather are created by governments and are based on formal,
positive laws. Globalization can lead to a greater enforcement of human rights as more countries
come together to create international standards and agreements. This can also result in the
implementation of these standards in different countries, as increased interaction between nations
can lead to the adoption of international human rights norms on a global scale. Critical legal
theorists argue that human rights are a tool used by states to maintain their power and control.
This view is challenged by globalization as it leads to the emergence of a global civil society and
the possibility of a “global community” in which citizens are empowered to hold their
governments accountable for their human rights violations.

2.3 The Relationship between Globalization and Human Rights

The relationship between globalization and human rights has been a topic of debate among legal
theorists. Some argue that globalization has contributed to the promotion and protection of
human rights, while others assert that it has undermined human rights norms and values. This
section will explore the views of some of the best human right’s legal theorists on this issue.

Martha Nussbaum, a prominent legal theorist and philosopher, argues that globalization has the
potential to advance human rights by promoting economic development and expanding
individual freedoms.1 Nussbaum contends that economic development can provide people with
the resources they need to enjoy their rights and live a dignified life. However, she also
acknowledges that globalization can have negative consequences for human rights, particularly
when it leads to exploitation and inequality.

Another legal theorist, Philip Alston, has argued that globalization has undermined human rights
by promoting economic policies that prioritize market interests over social and economic rights.
Alston has criticized the policies of the International Monetary Fund and the World Bank for
exacerbating poverty and inequality and undermining social and economic rights. He contends

1
Global Ethics: Capabilities Approach https://iep.utm.edu/ge-capab/ at page 3 and 4,

18
that the increasing power of transnational corporations has also led to the erosion of labor rights
and environmental protections.

David Held, a political theorist, has taken a more nuanced view of the relationship between
globalization and human rights. Held argues that globalization has the potential to promote
human rights by fostering the spread of democratic values and institutions, as well as promoting
the free flow of information and communication. However, he also recognizes that globalization
can exacerbate human rights abuses, particularly in relation to the economic exploitation of
workers and the violation of the rights of marginalized communities.

There have been several cases that have highlighted the impact of globalization on human rights.
One of the most notable examples is the Kiobel v. Royal Dutch Petroleum case, which was heard
by the US Supreme Court in 2013.2 The case concerned allegations of human rights abuses
committed by the oil company Royal Dutch Petroleum in Nigeria. The plaintiffs alleged that the
company had been complicit in extrajudicial killings, torture, and other human rights violations
committed by the Nigerian military during the 1990s. The case raised important questions about
the accountability of transnational corporations for their actions and the role of US courts in
adjudicating human rights abuses that occur outside of the US. The plaintiffs argued that the
Alien Tort Statute, a US law that allows non-US citizens to sue for violations of international
law, provided a basis for their claims. However, the Supreme Court ultimately ruled that the
Alien Tort Statute could not be used to sue corporations for human rights violations committed
outside of the US, effectively limiting the ability of foreign plaintiffs to bring human rights
claims against US-based corporations.

Another important case that highlights the impact of globalization on human rights is the Rana
Plaza collapse in Bangladesh in 2013.3 The collapse of the Rana Plaza building, which housed
several garment factories, resulted in the deaths of over 1,100 workers and injuries to over 2,500

2
Kiobel v. Royal Dutch Petroleum Co., 569 U.S. 108 (2013),
3
On 24 April 2013, an eight-story commercial building, Rana Plaza, collapsed just outside Dhaka. The
building contained five clothing factories: most of the people in the building at the time were garment
workers. Over 17 days of search and rescue, 2,438 people were evacuated, more than 1,100 people died,
and many more were left with life-long debilitating injuries. In line with our action plan on business and
human rights, we are engaging with the government of Bangladesh and UK companies and their supply
chains, in order to help address key human rights risks.

19
others. The case raised questions about the responsibility of global supply chains and the role of
multinational corporations in promoting and protecting human rights.

Following the Rana Plaza disaster, there were calls for greater corporate accountability and
regulation to prevent similar incidents from occurring in the future. The Accord on Fire and
Building Safety in Bangladesh, a legally binding agreement between unions, brands, and
retailers, was established in response to the disaster. The Accord seeks to improve workplace
safety and labor rights in the garment industry in Bangladesh, which is a major exporter of
garments to Western countries. In conclusion, these cases demonstrate the impact of
globalization on human rights and highlight the challenges of promoting and protecting human
rights in a globalized world. They also underscore the importance of ongoing efforts to
strengthen international legal frameworks, promote corporate accountability, and ensure that
economic policies and trade agreements are designed to protect human rights. Ultimately,
addressing the challenges of globalization and promoting the protection of human rights will
require the cooperation and commitment of all actors, from states and international institutions to
corporations and civil society organizations.

One notable case that illustrates the impact of globalization on human rights is the Regina v.
Bow Street Metropolitan Stipendiary Magistrate and Others case,4 commonly known as the
"Pinochet case." The case concerned the extradition of former Chilean dictator Augusto Pinochet
to Spain to face charges of human rights abuses committed during his time in power.

In 1998, Pinochet was arrested in London while undergoing medical treatment. The Spanish
government sought his extradition to face charges of torture and other human rights violations
committed during his regime. Pinochet argued that he was immune from prosecution on the basis
of his status as a former head of state. The case raised important questions about the intersection
of international law, human rights, and state sovereignty.

The House of Lords, the highest court in the UK at the time, ultimately ruled that Pinochet was
not entitled to immunity and could be extradited to Spain to face trial. The case was significant in
establishing the principle that there is no immunity for former heads of state for human rights
abuses under international law. The case also underscored the importance of international

4
R (Pinochet Ugarte) v Bow St Metropolitan Stipendiary Magistrate [2000] 1 AC 61, 119 and 147

20
cooperation in the fight against human rights abuses and the need for strong international legal
frameworks to hold individuals and states accountable.

Another notable case that demonstrates the impact of globalization on human rights is the Unison
case, which was heard by the UK Supreme Court in 2017. The case concerned the right to access
to justice and the impact of government policies on the ability of workers to bring claims against
their employers. The UK government had introduced fees for bringing claims to employment
tribunals, which led to a significant decrease in the number of claims being brought. Unison, a
trade union, argued that the fees were a violation of the right to access to justice and that they
disproportionately affected women and other marginalized groups.

The Supreme Court ultimately ruled in favor of Unison, holding that the fees were unlawful and
that they had a "real risk" of preventing access to justice. The case highlighted the importance of
ensuring that economic policies do not have a disproportionate impact on marginalized groups
and that individuals have access to effective remedies for human rights violations.

In conclusion, these cases demonstrate the importance of considering the impact of globalization
on human rights and the need for strong legal frameworks to promote and protect human rights
in a globalized world. They also highlight the importance of international cooperation and the
need for a shared commitment to upholding human rights standards.

2.4 The Impact of Globalization on Human Rights in the Zambian Diaspora under case
law.

One of the most notable cases in Zambia that demonstrates the impact of globalization on human
rights is the case of Musukwa and Others v. RTSA and Others.5 The case dealt with the alleged
infringement of the right to privacy of Zambian motorists by a South African company
contracted by the Road Transport and Safety Agency (RTSA) to manage the country's road
traffic information system.

5
Frankson Musukwa (Suing on his own behalf and as the Executive Director of Zambia Deaf Youth and
Women) & 2 Others v The Road Transport and Safety Agency (HP 1832 of 2019) [2021] ZMHC 5 (04
June 2021);

21
In 2017, the South African company, Intelligent Mobility Solutions (IMS), was awarded a
contract by the RTSA to provide a road traffic information management system in Zambia. The
system required motorists to provide their personal information, including their names,
addresses, and phone numbers, in order to register their vehicles.

Several Zambian citizens filed a case in the High Court, alleging that the collection and
processing of their personal information by IMS was a violation of their right to privacy under
the Zambian Constitution and international human rights law. They argued that the collection
and processing of personal information by a foreign company raised concerns about the security
of their personal data and the potential for it to be misused.

The case raised important questions about the impact of globalization on the protection of
privacy rights and the regulation of foreign companies operating in Zambia.

In its judgment, the High Court found that the RTSA had failed to comply with the Data
Protection Act of 2016, which required the agency to ensure that personal information collected
by IMS was adequately protected. The Court also found that the collection and processing of
personal information by a foreign company without the consent of the data subjects raised
concerns about the protection of privacy rights.

The Court ordered the RTSA and IMS to implement adequate measures to ensure that personal
information collected from motorists was adequately protected and that their right to privacy was
respected. The Court's ruling was significant in establishing the principle that foreign companies
operating in Zambia must comply with local laws and respect the human rights of Zambian
citizens.

In conclusion, the Musukwa and Others v. RTSA and Others case demonstrates the impact of
globalization on human rights in Zambia and highlights the need for strong legal frameworks to
regulate foreign companies and protect the human rights of Zambian citizens. The case
underscores the importance of ensuring that globalization does not come at the expense of human
rights and that individuals have access to effective remedies for human rights violations.

Zambia has enacted several statutes that have a beneficial impact on human rights in the context
of globalization. Some of the most notable statutes include:

22
2.4.0 Keys Pieces of Legislation Enacted to Synchronize Domestic and International
statues of Globalization and Human Rights

The Constitution of Zambia: The Zambian Constitution, which was enacted in 1991 and
amended in 2016,6 sets out a wide range of fundamental rights and freedoms, including the right
to life, liberty, and security of the person, the right to a fair trial, and the right to freedom of
expression and association. The Constitution also establishes the Human Rights Commission,
which is responsible for promoting and protecting human rights in Zambia.

The Anti-Human Trafficking Act: The Anti-Human Trafficking Act, which was enacted in
2008 , criminalizes human trafficking and provides for the protection of victims of human
7

trafficking. The Act also establishes the Anti-Human Trafficking Task Force, which is
responsible for implementing and enforcing the provisions of the Act.

The Persons with Disabilities Act: The Persons with Disabilities Act, which was enacted in
2012 , provides for the protection and promotion of the rights of persons with disabilities. The
8

Act sets out a wide range of provisions, including the right to equal treatment, the right to
education, and the right to employment.

The Employment Act: The Employment Act, which was enacted in 2015 , provides for the
9

protection of workers' rights, including the right to fair wages, working conditions, and
protection from discrimination and harassment in the workplace. The Act also establishes the
Employment Code Tribunal, which is responsible for resolving employment disputes.

The Environmental Management Act: The Environmental Management Act, which was enacted
in 2011 , provides for the protection of the environment and the promotion of sustainable
10

development. The Act sets out a wide range of provisions, including the right to a clean and
healthy environment, the right to participate in environmental decision-making, and the right to
access information about the environment.

6
The Constitution of Zambia: The Zambian Constitution, which was enacted in 1991 and amended in
2016.
7
The Anti-Human Trafficking Act, 2008.
8
The Persons with Disabilities Act, 2012.
9
The Employment Act, 2015.
10
The Environmental Management Act, 2011.

23
These statutes demonstrate Zambia's commitment to promoting and protecting human rights in
the context of globalization. They underscore the importance of ensuring that globalization does
not come at the expense of human rights and that individuals have access to effective remedies
for human rights violations. These statutes also highlight the critical role of domestic law in
ensuring that international human rights standards are effectively implemented at the national
level. By enacting legislation that protects the rights of vulnerable groups, such as persons with
disabilities and victims of human trafficking, Zambia has demonstrated its commitment to
upholding the principles of human rights and the rule of law.

Moreover, the enactment of the Environmental Management Act reflects Zambia's recognition of
the importance of sustainable development and the need to balance economic growth with
environmental protection. The Act provides for public participation in environmental decision-
making and recognizes the right of individuals to access information about the environment,
which are critical components of ensuring that sustainable development is achieved in a manner
that respects human rights.

In addition to enacting legislation, Zambia has also ratified a range of international human rights
treaties, including the International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of the
11

Child. These ratifications reflect Zambia's commitment to upholding international human rights
12

standards and promoting a culture of human rights at the national level.

In conclusion, the Zambian statutes that have a beneficial impact on human rights in the context
of globalization demonstrate the critical role of domestic law in upholding international human
rights standards. These statutes reflect Zambia's commitment to promoting and protecting human
rights and highlight the importance of balancing economic growth with environmental protection
and the protection of vulnerable groups. By enacting and enforcing these laws, Zambia has taken
important steps towards ensuring that globalization does not come at the expense of human
rights.

11
International Covenant on Civil and Political Rights, the International Covenant on Economic, Social
and Cultural Rights (ICCPR) adopted in 1966.
12
Convention on the Rights of the Child adopted in 20 November 1989.

24
2.4.1 Similarities and Differences between Zambia and other countries at the International
level

When it comes to the implementation of globalization of human rights, there are some
similarities and differences between Zambia and other countries at the international level.

In terms of similarities, both Zambia and other countries have enacted legislation that seeks to
incorporate international human rights standards into their domestic legal systems. For example,
both Zambia and the United Kingdom have enacted legislation that protects the rights of
vulnerable groups, such as persons with disabilities and victims of human trafficking. In
addition, both Zambia and the European Union have enacted legislation that seeks to promote
sustainable development and environmental protection.

However, there are also some differences in the implementation of globalization of human rights
between Zambia and other countries. One key difference is the extent to which domestic law is
aligned with international human rights standards. While Zambia has ratified several
international human rights treaties, such as the International Covenant on Civil and Political
Rights and the International Covenant on Economic, Social and Cultural Rights, there are still
concerns about the country's implementation of these treaties at the national level. For example,
there have been reports of human rights abuses by security forces in Zambia, including the use of
excessive force and arbitrary detention.

In contrast, other countries, such as the United Kingdom and the European Union, have a more
established human rights framework that is aligned with international human rights standards.
These countries have well-developed legal systems that incorporate human rights into all aspects
of law and policy, and there are robust mechanisms for holding authorities accountable for
human rights violations.

In terms of the impact of globalization on human rights, there are also some similarities and
differences between Zambia and other countries. One key similarity is the impact of economic
globalization on human rights, particularly in relation to workers' rights and the rights of
vulnerable groups. Both Zambia and other countries have seen the emergence of low-wage,
precarious work and exploitative labor practices in the context of global supply chains.

25
However, there are also differences in the impact of globalization on human rights between
Zambia and other countries. For example, the impact of globalization on the environment may be
more pronounced in countries such as Zambia, where there is a heavy reliance on natural
resources such as copper and cobalt. The extraction of these resources can have significant
environmental impacts and can also lead to the displacement of local communities.

2.4.2 Differences in the way that different Countries Approach the issue of
Globalization and Human rights

There are also differences in the way that different countries approach the issue of
globalization and human rights. For example, some countries prioritize economic
development over human rights, which can lead to the exploitation of vulnerable groups and
the erosion of human rights protections. Other countries, such as those in the European
Union, have taken a more rights-based approach, which places the protection of human rights
at the center of economic development and trade policies.

In terms of addressing the challenges posed by globalization on human rights, there are a
number of steps that countries can take. One key step is to ensure that international trade and
investment agreements prioritize human rights, and that there are robust mechanisms in place
to ensure that these agreements are enforced. Another important step is to strengthen
domestic legal frameworks and institutions, and to ensure that there are effective remedies
for human rights abuses.

Ultimately, the impact of globalization on human rights will depend on a range of factors,
including the policies and practices of individual countries, the structure of the global
economy, and the effectiveness of international human rights standards and mechanisms. By
working together to address these challenges, countries can help to ensure that globalization
delivers benefits for all, and that human rights are protected and promoted in a rapidly
changing world.

3.0 Case Law referencing both Domestic and International, related to Globalization
and Human rights:

26
Here are some case law references, both domestic and international, related to globalization and
human rights:

3.0.1 Domestic: Mulundika v. Attorney General of Zambia (2017). In this case, the Zambian
High Court declared that the government's decision to cancel the broadcasting license of a
private television station was a violation of the right to freedom of expression, as protected by
the Zambian Constitution and international human rights law.

3.0.2 Domestic: Jere v. Attorney General (2019). In this case, the Zambian High Court
declared that a section of the Public Order Act, which required individuals to obtain permission
from the police before holding public meetings, was unconstitutional and a violation of the right
to freedom of assembly and association.

3.0.3 International: UN Human Rights Committee, General Comment No. 31 (2004). This
document provides guidance on the nature of the obligations that states parties have under the
International Covenant on Civil and Political Rights, including the obligation to ensure that their
domestic laws and policies are in line with international human rights standards.

International: European Court of Human Rights, Case of Budayeva and Others v. Russia (2008).
In this case, the Court held that the Russian government had violated the right to life and the
right to respect for private and family life by failing to take adequate measures to protect
civilians during a military operation in the Chechen Republic.

3.0.3.1 International Case law cited vs Zambin (Domestic case law on Globalization
and Human Rights

International: Inter-American Court of Human Rights, Case of Atala Riffo and

Daughters v. Chile (2012).13 In this case, the Court held that the Chilean government had
violated the right to family life and the prohibition of discrimination on the basis of sexual
orientation by denying custody of three girls to their lesbian mother. These case law references
highlight the importance of domestic and international legal frameworks in protecting human
rights in the context of globalization. They also demonstrate the role of domestic and
international courts in interpreting and enforcing human rights standards.

CASE OF ATALA RIFFO AND DAUGHTERS v. CHILE. JUDGMENT OF FEBRUARY 24, 2012. (Merits,
13

Reparations and Costs).

27
Moreover, these case law references also reflect the ongoing tension between economic
development and the protection of human rights, which is a key feature of the impact of
globalization on human rights. While globalization can bring economic benefits, it can also
create or exacerbate inequalities, perpetuate exploitation, and contribute to the erosion of human
rights. As such, it is important for countries to develop legal and institutional frameworks that
can help to mitigate these risks.

In the Zambian context, the Mulundika and Jere cases illustrate the importance of domestic
courts in upholding human rights protections, and the need for strong domestic legal frameworks
that are in line with international human rights standards. Similarly, the Atala Riffo case
highlights the role of international courts in enforcing human rights protections, and the need for
international mechanisms that can hold states accountable for human rights violations.

At the same time, these case law references also demonstrate that legal frameworks alone are not
enough to protect human rights in the context of globalization. Governments and other actors
must also be committed to upholding human rights standards, and must take concrete steps to
address the root causes of human rights abuses, including poverty, inequality, discrimination, and
corruption.

Overall, the comparative analysis of the implementation of globalization of human rights and its
impact in Zambia and the international scope case law suggests that while there are differences
in the way that different countries approach the issue of globalization and human rights, there are
also common challenges and opportunities. By working together to address these challenges and
capitalize on these opportunities, countries can help to ensure that globalization delivers benefits
for all, and that human rights are protected and promoted in a rapidly changing world.

4.0 Integration of the International Framework regarding Globalization and Human rights in
Africa

Globalization and human rights are closely linked, and the international community has
developed a framework to ensure that the benefits of globalization are enjoyed by everyone,

28
while also protecting the human rights of individuals and communities. In Africa, there are
several initiatives and frameworks aimed at integrating human rights into globalization efforts.

One of the most important international frameworks is the United Nations Global Compact,
which was established in 2000 to encourage businesses to adopt sustainable and socially
responsible policies. The Global Compact is based on ten principles, including respect for human
rights, and it encourages businesses to work with civil society organizations and other
stakeholders to promote sustainable development and human rights.

The African Union (AU) has also established several initiatives aimed at promoting human rights
in the context of globalization. In 2003, the AU adopted the African Charter on Human and
Peoples' Rights, which is a legally binding document that outlines the human rights standards
that should be upheld by all AU member states. The charter includes provisions related to
economic, social, and cultural rights, as well as civil and political rights, and it recognizes the
importance of integrating human rights into all aspects of development.

The African Union has also developed the Agenda 2063, which is a blueprint for the continent's
development over the next 50 years. The agenda emphasizes the importance of economic growth
and development, but also recognizes the need to protect human rights and promote social
inclusion. It includes several goals related to human rights, including ensuring access to
education and healthcare for all, promoting gender equality, and protecting the rights of
vulnerable groups such as refugees and migrants.

In addition to these international frameworks, several African countries have also taken steps to
promote human rights in the context of globalization. For example, South Africa has established
a National Action Plan on Business and Human Rights, which aims to promote responsible
business practices and ensure that businesses operating in the country respect human rights.
Similarly, Kenya has established a Human Rights and Business National Action Plan, which
aims to ensure that economic growth and development are achieved in a way that promotes and
protects human rights.

In conclusion, integrating human rights into the process of globalization is critical for ensuring
that the benefits of economic growth and development are shared by all. The international
community has developed several frameworks aimed at promoting this integration, and many

29
African countries have also taken steps to promote human rights in the context of globalization.
By continuing to work together to promote these initiatives, we can build a more just and
equitable world for all.

5.0 The Existing Practices and Procedures related to the application and effects of
Human Rights in the context of Globalization, citing both Common law and Zambian case
law.

Following the existing practices and procedures related to the application and effects of human
rights in the context of globalization, citing both common law and Zambian case law.

Implementation:

5.0.1 One key aspect of evaluating the application of human rights in the context of
globalization is to examine the extent to which international agreements and national laws are
being implemented.

Common law case: In the case of R (on the application of ZH and CN) v. London Borough of
Newham [2014] UKSC 62, the UK Supreme Court held that the local authority had failed to
comply with its duty to investigate the situation of two families who were homeless and that this
failure constituted a violation of their right to respect for private and family life under Article 8
of the European Convention on Human Rights.

Zambian case: In the case of Mooya and Others v. Zambia [2012] ZMHC 154, the High Court of
Zambia held that the government's failure to provide adequate health services, including access
to anti-retroviral treatment for people living with HIV/AIDS, violated their rights to life, dignity,
and health under the Constitution of Zambia.

Access to justice: Another key aspect to consider is the extent to which individuals and
communities have access to justice when their rights are violated.

Common law case: In the case of Belhaj and Another v. Straw and Others [2017] UKSC 3, the
UK Supreme Court held that the government's invocation of state immunity to prevent a civil
claim against it for alleged complicity in the torture and rendition of the claimants violated their
right of access to justice under Article 6 of the European Convention on Human Rights.

30
Zambian case: In the case of Lisimba v. Zambia [2018] ZMSC 147, the Supreme Court of
Zambia held that the delay in hearing a criminal appeal violated the defendant's right to a fair
trial under the Constitution of Zambia and ordered that the appeal be heard expeditiously.

Inclusiveness: In evaluating the application of human rights in the context of globalization, it is

also important to consider the extent to which the perspectives and interests of marginalized and
vulnerable groups are being considered.

Common law case: In the case of Shamima Begum v. The Secretary of State for the Home
Department [2020] EWCA Civ 918, the Court of Appeal of England and Wales held that the
government's decision to revoke the claimant's citizenship without providing her with a fair
opportunity to challenge the decision violated her right to a fair hearing under Article 6 of the
European Convention on Human Rights.

Zambian case: In the case of Jere and Others v. Zambia Environmental Management Agency and
Others [2018] ZMHC 89, the High Court of Zambia held that the government's failure to consult
with affected communities before granting mining licenses violated their right to participation
and access to information under the Constitution of Zambia.

International cooperation: The effects of human rights in the context of globalization can be
influenced by international cooperation and collaboration.

Common law case: In the case of The Queen on the Application of Campaign Against Arms
Trade v. The Secretary of State for International Trade [2019] EWCA Civ 1020, the Court of
Appeal of England and Wales held that the government's decision to continue exporting arms to
Saudi Arabia for use in the conflict in Yemen was unlawful, as it was not properly assessed
against the government's obligations under international law.

Zambian case: In the case of Kaluwa and Others v. Zambia Consolidated Copper Mines Limited
[2017] ZMSC 221, the Supreme Court of Zambia held that the company's failure to consult with
affected communities before conducting mining activities violated their rights to participation
and access to information.

The application of human rights in the context of globalization is a complex and multifaceted
issue. While there have been positive developments in the implementation of international
agreements and national laws, as well as in promoting access to justice and inclusiveness, there

31
are also significant challenges and gaps in the existing practices and procedures. Marginalized
and vulnerable groups continue to face barriers in accessing justice, and their perspectives and
interests are not always considered. It is therefore important for governments, international
organizations, and civil society to work together to address these challenges and promote the
protection and promotion of human rights in the context of globalization. By doing so, we can
ensure that the benefits of globalization are shared by all and that no one is left behind.

CHAPTER THREE

RESEARCH METHODOLOGY
INTRODUCTION
Globalization has brought about significant changes to the economic, social, and political
landscape of Zambia. While it has brought about several benefits, it has also created new
challenges and risks to the enjoyment of human rights in the country. To address these
challenges, a thematic approach to providing legal frameworks to support the effects of
globalization on human rights in Zambia is necessary. This approach would involve identifying
specific areas that are most affected by globalization and developing legal frameworks to address
the human rights concerns that arise in those areas. For example, in the economic sphere, legal
frameworks could be developed to protect workers' rights, ensure fair competition, and regulate
multinational corporations' activities. In the social sphere, legal frameworks could address issues
such as cultural rights, access to education and healthcare, and the protection of vulnerable
groups. In the political sphere, legal frameworks could focus on ensuring freedom of expression,
association, and assembly, as well as promoting democratic governance.

The thematic approach to legal frameworks would require collaboration between different
stakeholders, including government agencies, civil society organizations, international
organizations, and the private sector. It would also involve engaging with communities to

32
identify their specific human rights concerns and incorporating their perspectives into the legal
frameworks. Implementing a thematic approach to legal frameworks would be crucial in
ensuring that Zambia's legal system is responsive to the human rights challenges arising from
globalization. It would also contribute to the country's efforts to meet its international human
rights obligations and promote sustainable development. Ultimately, the thematic approach
would help to protect and promote human rights in Zambia, ensuring that globalization benefits
all citizens, regardless of their social or economic status.

3.0 Evaluating National Legal Frameworks and Obstacles to the Effects of the
Globalization of Human rights

Evaluating national legal frameworks and obstacles to the effects of the globalization of human
rights requires a thorough understanding of the local context, the relevant laws and policies, and
the social, political, and economic factors that influence the implementation of human rights
norms. Here are some strategies that can be used to gather information and insights on this topic:

3.0.1 Desk research: This involves reviewing relevant literature, reports, and legal documents
related to human rights and globalization. This can include national constitutions, international
treaties and conventions, national laws and policies, academic articles, and reports by human
rights organizations.

3.0.2 Interviews: Conducting interviews with key stakeholders, such as government officials,
human rights activists, lawyers, and members of civil society organizations can provide valuable
insights into the challenges and opportunities for promoting and protecting human rights in the
context of globalization.

For government officials: How does your government balance economic interests and human
rights when making policies related to globalization? What measures has your government taken
to ensure that globalization does not lead to human rights abuses?

For human rights activists: What are the most pressing human rights challenges in the context of
globalization? What strategies have been successful in promoting and protecting human rights in
the face of globalization?

33
For lawyers: How can international and domestic laws be leveraged to protect human rights in
the context of globalization? What are the legal challenges that arise in cases of human rights
abuses that cross-national borders?

For members of civil society organizations: How can civil society organizations work together to
promote and protect human rights in the context of globalization? What role can grassroots
movements play in advocating for human rights in the face of powerful economic interests?

For all stakeholders: What are the potential unintended consequences of globalization on human
rights, and how can these be mitigated? What steps can be taken to ensure that globalization
benefits all members of society, rather than just a privileged few?

3.0.3 Focus groups: Bringing together individuals from diverse backgrounds and perspectives
can provide a forum for exploring complex issues related to human rights and globalization.
Focus groups can help identify common themes and concerns, as well as opportunities for
collaboration and advocacy.

3.0.4 Surveys: Quantitative surveys can provide a snapshot of public attitudes and perceptions
regarding human rights and globalization. These can be conducted online or in person, and can
be targeted to specific populations, such as youth, women, or marginalized communities.

3.0.5 Case studies: Examining specific cases where human rights have been violated or
protected in the context of globalization can provide concrete examples of the challenges and
successes of human rights advocacy. These cases can be analyzed using qualitative methods,
such as content analysis or discourse analysis.

i. When evaluating national legal frameworks and obstacles to the effects of globalization
on human rights, some key factors to consider include:
ii. The legal and institutional framework for human rights protection, including the role of
national human rights institutions, the judiciary, and civil society organizations.
iii. The political and economic context, including the influence of multinational corporations,
international financial institutions, and global economic policies on human rights.

34
 iv. The social and cultural factors that influence attitudes towards human rights, such as
religion, tradition, and gender norms.
v. The availability and accessibility of justice mechanisms for human rights violations,
including avenues for redress and remedies.
vi. The effectiveness of human rights monitoring and reporting mechanisms, including the
role of international and regional human rights bodies.
vii. By employing a range of qualitative and quantitative methodologies and considering
these key factors, it is possible to gain a comprehensive understanding of the national
legal frameworks and obstacles to the effects of globalization on human rights.
viii. The impact of globalization on economic, social, and cultural rights, such as the right to
health, education, and adequate housing, and the extent to which national legal
frameworks provide adequate protection for these rights.
ix. The extent to which national legal frameworks align with international human rights
standards and obligations, and the capacity of national institutions to implement these
standards.
x. The role of civil society organizations and human rights defenders in promoting and
protecting human rights in the context of globalization, and the extent to which they are
able to operate freely and effectively.
xi. The impact of geopolitical factors, such as conflicts and displacement, on the enjoyment
of human rights, and the effectiveness of legal frameworks in protecting the rights of
refugees and displaced persons. The role of media and communication technologies in
shaping public discourse and awareness of human rights issues, and the extent to which
these technologies are accessible to marginalized communities.

Overall, evaluating national legal frameworks and obstacles to the effects of globalization on
human rights requires a multidisciplinary approach that considers the legal, political, economic,
social, and cultural factors that shape human rights realities in different contexts. By employing a
range of qualitative and quantitative methodologies and engaging with a diverse range of
stakeholders, it is possible to develop a nuanced understanding of the challenges and
opportunities for promoting and protecting human rights in the context of globalization.

35
3.0.1 Statement of the Problem: Impacted the African Diaspora both Legally and
Economically

More attention has perhaps been paid to the globalization phenomenon than to any other topic in
recent years. However, it has become increasingly clear over the past few decades that
globalization has a detrimental effect on the exercise of human rights, particularly the economic,
social, and cultural rights protected by Articles 15 and 27 of the International Covenant on
Economic, Social, and Cultural Rights (ICESCR) and the Universal Declaration of Human
Rights (UDHR), respectively. Due to the effects of World War II, civil and political rights have
traditionally received more attention in theory and practice than economic, social, and cultural
rights.

Article 15 of the ICESCR recognizes the right of everyone to enjoy the benefits of scientific
progress and its applications. This includes the right to benefit from the protection of the moral
and material interests resulting from any scientific, literary, or artistic production. Article 27 of
the UDHR recognizes the right of everyone to freely participate in cultural life and to enjoy the
arts.

These provisions have impacted the African diaspora both legally and economically in several
ways. First, they have provided a legal framework for the protection of the intellectual property
rights of the African diaspora. This has allowed individuals and communities in the diaspora to
benefit from their cultural and artistic productions, as well as from their scientific discoveries
and inventions.

Second, these provisions have helped to promote cultural diversity and prevent the exploitation
and misappropriation of the cultural heritage of the African diaspora. This has allowed for the
preservation and promotion of traditional knowledge and practices, which have been important
for the social, economic, and cultural well-being of the African diaspora.

Finally, these provisions have encouraged the recognition of the economic value of cultural and
artistic productions, and have provided a framework for the protection of the economic rights of
the African diaspora. This has allowed for the development of cultural industries and the
promotion of economic growth and development in the African diaspora.

36
Overall, the recognition of the rights enshrined in Article 15 of the ICESCR and Article 27 of the
UDHR has helped to promote the legal and economic empowerment of the African diaspora, and
has contributed to the recognition and celebration of their cultural heritage and identity.

In addition to the above impacts, these provisions have also played a role in promoting access to
education, healthcare, and other social services, which are essential for the well-being of the
African diaspora. Article 15 of the ICESCR recognizes the right of everyone to enjoy the
benefits of scientific progress and its applications "without discrimination of any kind." This
includes access to education and training in science and technology, which can be critical for
economic development and social advancement. Similarly, Article 27 of the UDHR recognizes
the right of everyone to freely participate in cultural life "without discrimination of any kind."
This includes access to cultural and artistic education and training, which can be important for
the preservation and promotion of cultural heritage, as well as for the development of cultural
industries and the promotion of economic growth and development. However, it is important to
note that despite these legal frameworks, the African diaspora continues to face many challenges
and obstacles in realizing their economic and social rights. Discrimination, marginalization, and
lack of access to resources and opportunities continue to be major barriers to the full realization
of these rights. Therefore, while the recognition of the rights enshrined in Article 15 of the
ICESCR and Article 27 of the UDHR has been an important step forward for the African
diaspora, there is still much work to be done to ensure that these rights are fully realized in
practice. This will require continued advocacy, activism, and engagement at all levels, from local
communities to national governments and international organizations.

3.1.2 A Thematic approach to providing Legal Frameworks to Support the Effects of

Globalization on Human Rights in Zambia

A thematic approach to providing legal frameworks to support the effects of globalization on

human rights in Zambia could include the following themes:

i. Economic Development and Human Rights - Legal frameworks that promote economic
development and human rights can help to ensure that globalization benefits all members

37
 of society. This could include legal frameworks that promote inclusive economic growth,
job creation, and the protection of workers' rights.
ii. Environmental Sustainability and Human Rights - Legal frameworks that promote
environmental sustainability and human rights can help to mitigate the negative impacts
of globalization on the environment and vulnerable communities. This could include
legal frameworks that promote sustainable development, environmental protection, and
the rights of indigenous peoples.
iii. Access to Justice and Human Rights - Legal frameworks that promote access to justice
and human rights can help to ensure that individuals and communities can seek redress
for human rights violations related to globalization. This could include legal frameworks
that promote access to effective remedies, the rule of law, and accountability for human
rights abuses.
iv. Gender Equality and Human Rights - Legal frameworks that promote gender equality and
human rights can help to ensure that women and girls benefit equally from globalization.
This could include legal frameworks that promote women's rights, gender mainstreaming
in economic policies, and the protection of women from gender-based violence.
v. Participation and Human Rights - Legal frameworks that promote participation and
human rights can help to ensure that all members of society have a voice in decisions that
affect their lives. This could include legal frameworks that promote civic participation,
public consultation, and the protection of the rights of marginalized groups.
vi. Corporate Responsibility and Human Rights - Legal frameworks that promote corporate
responsibility and human rights can help to ensure that businesses respect human rights in
their operations and supply chains. This could include legal frameworks that require
businesses to conduct human rights due diligence, establish grievance mechanisms for
human rights abuses, and provide remedy for affected communities.
vii. Access to Education and Human Rights - Legal frameworks that promote access to
education and human rights can help to ensure that individuals have the skills and
knowledge necessary to benefit from globalization. This could include legal frameworks
that promote universal access to education, the right to education for marginalized
groups, and the protection of academic freedom.

38
viii. Health and Human Rights - Legal frameworks that promote health and human rights can
help to ensure that individuals and communities have access to health services and are
protected from harmful products and practices related to globalization. This could include
legal frameworks that promote access to health services, the protection of vulnerable
populations from harmful products, and the protection of the right to health.
ix. Technology and Human Rights - Legal frameworks that promote technology and human
rights can help to ensure that individuals and communities benefit from technological
advances related to globalization. This could include legal frameworks that promote
access to information and communication technology, the protection of privacy and data
protection, and the protection of the right to freedom of expression online.

By taking a thematic approach to providing legal frameworks to support the effects of

globalization on human rights in Zambia, policymakers and legal practitioners can ensure that
human rights are protected and promoted in all aspects of economic and social life. This can help
to ensure that the benefits of globalization are shared fairly and equitably, and that no one is left
behind in the pursuit of economic growth and development. By adopting a thematic approach to
providing legal frameworks to support the effects of globalization on human rights in Zambia,
policymakers and legal practitioners can identify areas where legal frameworks are needed, and
ensure that these frameworks are coherent, complementary, and effective in promoting human
rights in the context of globalization.

CONCLUSION

In conclusion, globalization has had a significant impact on Zambia's human rights landscape,
presenting both challenges and opportunities. While globalization has created new economic
opportunities, it has also created new risks for human rights, particularly for vulnerable groups.
To address these challenges, a thematic approach to providing legal frameworks to support the
effects of globalization on human rights in Zambia is necessary. The thematic approach would
involve developing legal frameworks that are tailored to specific areas most affected by
globalization. This approach would ensure that legal frameworks are responsive to the human
rights challenges arising from globalization, considering the different human rights concerns that
arise in various sectors of the economy, society, and politics. Furthermore, the thematic approach

39
would require collaboration between different stakeholders, including government agencies, civil
society organizations, international organizations, and the private sector. It would also involve
engaging with communities to identify their specific human rights concerns and incorporating
their perspectives into the legal frameworks.

Implementing a thematic approach to legal frameworks would have several benefits. Firstly, it
would promote sustainable development by ensuring that the economic benefits of globalization
are shared equitably among all citizens. Secondly, it would help to protect vulnerable groups
from the negative impacts of globalization, including human rights abuses, environmental
degradation, and social exclusion. Finally, it would help Zambia meet its international human
rights obligations and promote democratic governance. However, implementing a thematic
approach to legal frameworks is not without its challenges. It requires significant political will,
resources, and technical capacity to develop and implement legal frameworks that are responsive
to the different human rights concerns that arise from globalization. Additionally, it requires
collaboration and coordination among different stakeholders with varying interests and
perspectives.

Despite these challenges, implementing a thematic approach to legal frameworks is crucial for
Zambia's sustainable development and human rights protection. It would enable Zambia to
effectively navigate the opportunities and challenges of globalization while ensuring that human
rights are protected and promoted. Therefore, it is important for Zambia to prioritize the
development and implementation of legal frameworks that are tailored to specific areas affected
by globalization and ensure that they are effectively enforced.

40
 CHAPTER FOUR
COMPARATIVE ANALYSIS OF THE IMPACT OF GLOBALIZATION ON
HUMAN RIGHTS AND THE FACTUAL FINDINGS OF THE EFFECTS AND
IMPACT UNDER COMMON LAW JURISPRUDENCE

4.0 INTRODUCTION
Globalization refers to the interconnectedness and interdependence of economies, societies,
and cultures around the world. The impact of globalization on human rights has been a
subject of debate and analysis for many years. While globalization has been touted as a
means of promoting human rights, others argue that it has led to the violation of these rights.
In this comparative analysis, we will explore the impact of globalization on human rights and
examine the factual findings of its effects. Globalization has also facilitated the spread of
information and ideas, which has contributed to the promotion of human rights. The internet
and social media have enabled people around the world to access information and express
their views on various human rights issues. This has led to increased awareness and activism
on issues such as gender equality, racial discrimination, and freedom of speech.
4.0.1 NEGATIVE IMPACT OF GLOBALIZATION ON HUMAN RIGHTS
However, globalization has also had negative impacts on human rights, particularly in
developing countries. One of the major negative impacts is the exploitation of cheap labor in
developing countries. Multinational corporations often take advantage of weak labor laws
and low wages in these countries to reduce costs and increase profits. This has led to the
violation of labor rights, such as the right to fair wages, safe working conditions, and

41
collective bargaining. Another negative impact of globalization is the widening gap between
the rich and poor. While globalization has led to economic growth in some countries, it has
also led to increased inequality within and between countries. This has contributed to the
violation of economic and social rights, such as the right to education, healthcare, and a
decent standard of living.
4.0.1 FINDINGS OF THE ABOVE TEXT USING COMMON LAW
JURISPRUDENCE
The text above primarily discusses the impact of globalization on human rights, examining
both positive and negative effects. From a common law jurisprudence perspective, the text
acknowledges that globalization has led to the fulfillment of some human rights, such as
economic and social rights, as well as the promotion of the spread of information and ideas.
However, it also acknowledges that globalization has led to the violation of certain human
rights, particularly in developing countries, such as labor rights and the right to a decent
standard of living. Common law jurisprudence emphasizes the importance of legal precedent
and the role of judges in interpreting and applying the law. In the context of the discussion
above, this might entail examining existing legal frameworks and precedents to determine
how they might apply to issues related to globalization and human rights. For example,
judges might consider international human rights treaties and conventions, as well as
domestic laws related to labor, trade, and inequality.
Moreover, common law jurisprudence emphasizes the role of legal reasoning and analysis in
interpreting the law. In this context, judges might engage in a comparative analysis of how
different countries and legal systems have responded to issues related to globalization and
human rights. This might involve examining the legal reasoning and analysis used in other
jurisdictions to develop a more comprehensive understanding of how to address the complex
issues related to globalization and human rights. Moreover, common law jurisprudence
emphasizes the importance of considering the broader social and political context in which
legal issues arise. In this context, judges might consider how globalization and its impacts on
human rights intersect with issues such as race, gender, and other forms of social identity.
They might also consider the role of power dynamics and inequalities in shaping how
globalization affects different groups of people, and how these factors should be taken into
account in legal decision-making.
The case in point to solidify the findings is the most recent case of Kiobel v. Royal Dutch
Petroleum Co. (2013)14: This case involved allegations of human rights violations by a Dutch
oil company in Nigeria. The plaintiffs argued that the company had aided and abetted the
Nigerian government in committing human rights abuses against local communities. The
case raised questions about the extraterritorial application of U.S. law and the role of
14
"Kiobel v. Royal Dutch Petroleum." Oyez, www.oyez.org/cases/2011/10-1491. Accessed 12 Apr. 2023.

42
corporations in promoting or violating human rights. The facts of the case are that, the Shell
Petroleum Development Company of Nigeria, Ltd., one of the respondents, operated oil
production facilities in the Ogoniland region of Nigeria. Esther Kiobel and the other
petitioners were Nigerian nationals who alleged that they, or their relatives, were killed,
tortured, unlawfully detained, deprived of their property, and forced into exile by the
Nigerian government. The petitioners maintain that the respondents, including the Shell
Petroleum Development Company were complicit with the Nigerian government's human
rights abuses. The petitioners filed a putative class action against the respondents, under the
Alien Tort Statute in the United States District Court for the Southern District of New York.
The District Court dismissed claims against the corporate defendants in part and certified its
order for interlocutory appeal.

Both parties cross-appealed to the U.S. Court of Appeals for the Second Circuit. The
respondents argued that the law of nations does not attach civil liability to corporations under
any circumstances. The petitioners argued that the liability should attach to corporate actors,
just as it would to private actors. On September 17, 2010, the Second Circuit affirmed
dismissal of the lawsuit with the majority holding that the Alien Tort Statute does not confer
jurisdiction over suits against corporations. On February 4, 2011, the Second Circuit denied
the petitioners' request for panel rehearing and for rehearing en banc. The petitioners filed a
second petition for rehearing en banc and a motion to recall the mandate, which the Second
Circuit denied. Following oral argument, the Court set the case for reargument in the 2012
Term to address whether and when the Alien Tort Statute allows courts to recognize a cause
of action for violations of the law of nations occurring within the territory of a sovereign
other than the United States.
4.1.1 A LEGAL FRAMEWORK THAT INCORPORATES GLOBALIZATION AND
FUDERMENTAL HUMAN RIGHTS DECLARATIONS AND TREATIES THAT
HAVE BEEN RACTIFIED
Constructing a legal framework that incorporates globalization and fundamental human
rights declarations and treaties that have been ratified would require consideration of several
factors, including the specific legal principles and norms contained in these instruments, the
ways in which they intersect with one another, and how they might be operationalized within
a legal system. Here is an outline of a possible legal framework:
4.1.2 Fundamental Human Rights Declarations and Treaties
It been advised that the treaties that bind and give a sovereign state the ability to protect and
guide democracy so as to be free and fair to all, lies with the treaties that are at the center of
the world known as the, Universal Declaration of Human Rights coupled with International

43
Covenant on Civil and Political Rights, International Covenant on Economic, Social and
Cultural Rights, Convention on the Rights of the Child and Convention on the Elimination of
All Forms of Discrimination Against Women.
Overall, this legal framework seeks to integrate the principles and norms of fundamental
human rights declarations and treaties with the principles and norms related to globalization
and human rights. By doing so, it aims to create a legal system that is better equipped to
address the complex challenges posed by globalization while protecting and promoting
human rights for all rights, is essential for protecting and promoting human rights in the
context of globalization. This legal framework must be operationalized through the
incorporation of human rights principles into domestic law, the establishment of human
rights tribunals and courts, and the building of capacity for human rights. It is only through
such a framework that we can ensure that the benefits of globalization are shared fairly and
equitably, and that the human rights of all individuals are respected and protected.
However, the implementation of such a legal framework requires political will and
commitment from states, as well as cooperation and collaboration between states, civil
society, and international organizations. The complexity of globalization and the wide range
of actors involved mean that addressing human rights challenges requires a coordinated and
collaborative approach. It is only through such an approach that we can ensure that human
rights are protected and promoted in the context of globalization, and that we build a fairer
and more just world for all.

4.1.3 Operationalizing the Legal Framework

The third component of the legal framework is the operationalization of the legal principles
and norms contained in parts I and II. This requires the incorporation of these principles and
norms into domestic law, the establishment of human rights tribunals and courts, and the
building of capacity for human rights.
4.1.2 Incorporating Human Rights Principles into Domestic Law
States should incorporate human rights principles into their domestic legal systems through
implementing legislation that gives effect to human rights treaties. For example, a state might
enact a Human Rights Act that incorporates the rights contained in the ICCPR, ICESCR,
CRC, and CEDAW into domestic law. States should also create regulatory frameworks for
corporate conduct, ensuring that corporations operating within their jurisdictions are held
accountable for any human rights violations they may commit. This might include requiring
companies to conduct human rights impact assessments prior to undertaking any activities,
and ensuring that they are held responsible for any negative impacts on human rights.

44
4.1.3. Providing Access to Justice for Human Rights Violations
States should establish human rights tribunals and courts that have jurisdiction over human
rights violations. Such courts must be empowered to enforce extraterritorial jurisdiction over
corporations, where necessary. For example, a state might enact a law that allows it to
prosecute a foreign corporation operating within its jurisdiction for human rights abuses
committed in another country. This would help to ensure that corporations are held
accountable for their actions, regardless of where they occur.

4.1.4 Building Capacity for Human Rights

States should develop education and awareness programs for the public and legal
professionals on human rights, as well as support civil society organizations and human
rights defenders. This would help to build capacity for the protection and promotion of
human rights within society and ensure that individuals and groups are able to defend their
rights when they are violated.
4.1.5. A COMPARATIVE ANALYSIS OF THE IMPACT OF GLOBALIZATION ON
THE FUNDERMENTAL HUMAN RIGHT ON THE SOUTHERN AFRICAN
REGION IN SOUTH AFRICA, ZAMBIA AND OTHERS
Globalization is a multifaceted process that has brought both opportunities and challenges to
different regions of the world. Its impact on fundamental human rights in the Southern
African region, including South Africa and Zambia, has been the subject of much debate and
analysis.
In order to conduct a comparative analysis of the impact of globalization on fundamental
human rights in these countries, it is important to consider the economic, social, and political
dimensions of globalization.
Economic Globalization
This has led to the expansion of international trade, investment, and capital flows. In
Southern Africa, this has resulted in increased foreign investment and the growth of export-
oriented industries. While this has led to some economic growth and job creation, it has also
contributed to rising inequality and the marginalization of certain groups, particularly in rural
areas.
Social Globalization Scope

45
In respect to the increasing interconnectedness of cultures and societies, has brought about
changes in values, beliefs, and lifestyles. This has led to greater awareness of human rights
issues and the promotion of social justice. However, it has also led to cultural
homogenization and the erosion of traditional cultural practices.
Political globalization, which refers to the growing influence of international institutions and
norms on national policies, has brought about some positive changes in the protection of
human rights in Southern Africa. For example, the establishment of the International
Criminal Court has helped to hold political leaders accountable for human rights violations.
However, the influence of foreign actors in domestic politics has also been criticized for
undermining national sovereignty and democracy.
In South Africa, globalization has had a significant impact on the country's human rights
record. The end of apartheid and the country's reintegration into the global economy has led
to significant improvements in the protection of civil and political rights, such as freedom of
expression and assembly. However, the country still faces significant challenges in the areas
of economic and social rights, particularly in addressing the legacy of apartheid-era
inequality.
The Zambian Diaspora
In Zambia, globalization has also had a mixed impact on human rights. The country has
experienced some economic growth because of increased foreign investment and the growth
of the mining sector. However, this has also led to environmental degradation and the
displacement of local communities. Zambia has also faced challenges in protecting the rights
of vulnerable groups, such as women and children.
Overall, the impact of globalization on fundamental human rights in the Southern African
region is complex and multifaceted. While globalization has brought about some positive
changes, it has also contributed to new challenges and exacerbating existing inequalities.
Policymakers and civil society organizations need to work together to address these
challenges and ensure that the benefits of globalization are shared more equitably.
In Conclusion
In addition to economic, social, and political dimensions of globalization, there are also other
factors that need to be considered when analyzing the impact of globalization on human
rights in Southern Africa. For example, the role of international organizations and human
rights standards is critical. The United Nations and its specialized agencies, as well as
regional organizations like the African Union and the Southern African Development
Community, play an important role in promoting and protecting human rights in the region.

46
Moreover, civil society organizations and human rights defenders have been critical in
advocating for the protection of human rights in the face of globalization. They have raised
awareness about the negative impacts of globalization on vulnerable communities and have
lobbied for policies and practices that are more inclusive and equitable.
Another factor that needs to be considered is the intersectionality of human rights. Different
human rights are interconnected, and changes in one area can have significant impacts on
other areas. For example, the erosion of cultural practices can lead to the loss of traditional
knowledge and practices that are essential for the protection of the environment and the
promotion of sustainable development.
In conclusion, the impact of globalization on fundamental human rights in the Southern
African region, including South Africa and Zambia, is complex and multifaceted. While
globalization has brought about some positive changes, it has also contributed to new
challenges and exacerbating existing inequalities. Policymakers, civil society organizations,
and international actors need to work together to address these challenges and ensure that the
benefits of globalization are shared more equitably. Moreover, they need to consider the
intersectionality of human rights and the role of culture, traditional practices, and
environmental protection in promoting human rights in the region.

47
 CHAPTER FIVE

CONCLUSIONS AND RECOMMENDATION

5.0 CONCLUSIONS
It is well-established that globalization has had a significant impact on the practice of human rights laws in
African countries. The process of globalization has brought about economic, social, and cultural changes that
have both positive and negative effects on human rights.

One of the positive impacts of globalization on human rights in African countries is the increased awareness
and advocacy for human rights. The growth of international organizations and civil society groups has helped
to bring attention to human rights issues and increase the pressure on governments to take action.

However, globalization has also led to the exploitation of resources and people in African countries, resulting
in violations of human rights. Economic policies such as privatization, liberalization, and deregulation have led
to the erosion of labor rights, environmental degradation, and the marginalization of vulnerable groups such as
women and children.

In light of these findings, it is recommended that African governments take steps to ensure that their citizens'
human rights are protected in the face of globalization. These steps include:

1. Implementing policies that prioritize human rights over economic interests.

48
 2. Strengthening human rights institutions and increasing access to justice for marginalized groups.
3. Encouraging transparency and accountability in the private sector to ensure that corporations respect
human rights.
4. Promoting inclusive growth and development that benefits all members of society, not just the wealthy
elite.
5. Engaging in international cooperation to address human rights issues and hold other countries and
corporations accountable for their actions.

Globalization has had a significant impact on the practice of human rights laws in African countries. While it
has brought about some positive changes, such as increased awareness and advocacy for human rights, it has
also led to violations of human rights, particularly in the areas of labor rights, environmental degradation, and
the marginalization of vulnerable groups.

In light of these findings, it is recommended that African governments take proactive steps to protect their
citizens' human rights in the face of globalization. Here are some recommendations:

6. Implement Policies That Prioritize Human Rights Over Economic Interests

Governments should prioritize human rights when implementing economic policies. They should ensure that
policies such as privatization, liberalization, and deregulation do not lead to the erosion of labor rights,
environmental degradation, and the marginalization of vulnerable groups. Governments should also ensure that
their policies are consistent with international human rights standards.

7. Strengthen Human Rights Institutions and Increase Access to Justice

African governments should strengthen their human rights institutions and increase access to justice for
marginalized groups. This can be achieved by providing resources to institutions such as human rights
commissions, courts, and legal aid services. Governments should also ensure that the institutions are
independent, transparent, and accountable to the people they serve.

8. Encourage Transparency and Accountability in the Private Sector

African governments should encourage transparency and accountability in the private sector to ensure that
corporations respect human rights. Governments should develop and implement laws and regulations that
require companies to respect human rights and hold them accountable for any violations. They should also
encourage corporations to adopt human rights policies and engage in responsible business practices.

9. Promote Inclusive Growth and Development

Governments should promote inclusive growth and development that benefits all members of society, not just
the wealthy elite. Governments should implement policies that ensure that economic growth is accompanied by

49
social progress, such as the provision of quality education, health care, and housing. They should also
prioritize the needs of vulnerable groups such as women and children.

10. Engage in International Cooperation

African governments should engage in international cooperation to address human rights issues and hold other
countries and corporations accountable for their actions. Governments should work with international
organizations such as the United Nations, the African Union, and the International Criminal Court to promote
human rights and hold perpetrators accountable for any violations. They should also collaborate with civil
society groups to ensure that human rights are respected.

In conclusion, African governments must take proactive steps to protect their citizens' human rights in the face
of globalization. This will require a commitment to prioritizing human rights over economic interests and
promoting policies that are inclusive and equitable. By implementing these recommendations, African
governments can ensure that globalization does not lead to violations of human rights and instead promotes
human dignity and social progress, while globalization has brought about some positive changes in terms of
human rights awareness and advocacy, African governments must take proactive steps to protect their citizens'
human rights in the face of globalization. This will require a commitment to prioritizing human rights over
economic interests and promoting policies that are inclusive and equitable.

5.0.1 RECOMMENDATIONS

Globalization has had a significant impact on human rights law and international law statutes. Here are some
recommendations on how to address this impact:

Strengthen International Law Statutes:

In order to ensure that human rights are protected in a globalized world, international law statutes need to be
strengthened. This can be achieved by creating more binding treaties that explicitly protect human rights, and
by increasing the enforcement mechanisms available to international courts.

Encourage Ratification of International Treaties:

There are a number of international treaties that protect human rights, but many countries have not ratified
them. Governments should be encouraged to ratify these treaties, and the benefits of doing so should be
emphasized. This will ensure that human rights are protected across borders and in a consistent manner.

Address the Impact of Globalization on Labor Rights:

Globalization has had a significant impact on labor rights, with many workers being exploited in developing
countries. International organizations and governments should work together to ensure that workers' rights are
protected, and that they are paid fair wages.

50
Promote Corporate Social Responsibility:

Many multinational corporations operate in developing countries, where labor standards are often lax.
Governments and international organizations should encourage these corporations to act responsibly and to
respect human rights, labor rights, and environmental standards.

Increase Transparency:

Transparency is key to ensuring that globalization does not lead to human rights abuses. Governments should
be transparent about their policies and their interactions with multinational corporations, and corporations
should be transparent about their operations and their impact on the environment and on human rights.

Strengthen Civil Society:

Civil society organizations play an important role in advocating for human rights and holding governments and
corporations accountable. Governments should work to strengthen civil society by creating an enabling
environment for the operation of civil society organizations.

Promote International Cooperation:

Globalization has made it easier for countries to cooperate on issues such as trade and investment, but
cooperation is also needed to address human rights abuses. Governments and international organizations
should work together to promote human rights and to hold countries accountable when they violate human
rights.

Address the Digital Divide: The digital divide between developed and developing countries can exacerbate
existing inequalities and limit access to information and resources. Governments and international
organizations should work to bridge this divide, and ensure that all individuals have access to information,
education, and technology.

Support the Rights of Migrants and Refugees: Globalization has led to increased migration, and many migrants
and refugees face human rights abuses. Governments and international organizations should work to protect
the rights of migrants and refugees and ensure that they are treated with dignity and respect.

Address the Impacts of Climate Change: Climate change has significant impacts on human rights, particularly
for vulnerable communities. Governments and international organizations should work to address the root
causes of climate change and to protect the rights of those most affected.

Promote Gender Equality: Gender inequality persists around the world, and globalization can exacerbate these
inequalities. Governments and international organizations should work to promote gender equality and to
ensure that women and girls have equal access to education, healthcare, and economic opportunities.

51
Recognize the Interdependence of Human Rights: Human rights are interdependent and indivisible, meaning
that the violation of one right can impact the enjoyment of other rights. Governments and international
organizations should recognize this interdependence and work to promote and protect all human rights.

Foster Dialogue and Understanding: Globalization can lead to cultural clashes and misunderstandings.
Governments and international organizations should foster dialogue and understanding between different
cultures and religions and promote respect for diversity and pluralism.

Encourage Public Participation: The participation of the public in decision-making processes is crucial for
ensuring that human rights are protected. Governments and international organizations should encourage
public participation in policymaking and decision-making processes and ensure that civil society organizations
have a voice.

In conclusion, the impact of globalization on human rights law and international law statutes is complex and
multifaceted. However, by implementing the above recommendations, governments and international
organizations can help to ensure that human rights are protected in a globalized world, and that the benefits of
globalization are shared equitably.

52
i