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This paper aims to explore the role played by the National Archives of South Africa in human rights promotion and protection. The study examined the challenges that archivists encounter when undertaking archival functions, such as acquisition, appraisal and access provision, that contribute to forming documentary archives crucial for human rights promotion and protection.

A review of literature dealing with acquisition, appraisal and access was used in this research. It was supplemented with interviews.

This paper provides recommendations of benefits in the field of archives management with a focus on the areas of acquisition, appraisal and access. The transformational discourse in the jurisdiction of archives management challenges archival institutions to be active players in selecting historical and cultural archives’ significance that is significant in human rights protections. However, despite judicial requirements that recommend the importance of archives, there is evidence that archival functions such as appraisal, acquisition and access are not being fully used, resulting in national archives institutions that are subject to irregularities that contribute to an unbalanced archives collection.

The paper was limited only to the National Archives of South Africa.

The paper makes practical implications concerning the acquisition, appraisal and providing access to human rights records.

Sufficient funding resource allocation ought to be provided to advance human rights promotion.

This paper offers informed recommendations to address the challenges of acquisition, appraisal and access provision of archive materials. The availability of archives materials reinforces the community by aiding to protect legal rights and prevent human rights violations. It was, thus, necessary to establish whether the National Archives of South Africa is actively building the archives collections that are important for human rights promotion and protection.

The purpose of this chapter is to delineate a number of factors unique to archives that problematize commonly accepted rhetoric in library and information studies (LIS).

This study reports on an analysis of several core concepts in archival studies (evidence, access, and power) and delineates how such concepts differ from dominant conceptions in the study of libraries.

Our research shows how archives call into question three dominant discursive tropes in LIS: the primacy of informational value (as opposed to evidential value in archives); universal access as a professional and ethical obligation; and the assumption that information institutions are universally benevolent. Although such tropes have been increasingly challenged by growing numbers of critical LIS scholars, we argue that they remain dominant discursive formations in LIS and reflect key areas of divergence that differentiate archives from libraries and distinguish the professional ethos of archivists and librarians.

This is the first chapter to delineate how archives differ from libraries in regard to human rights concerns and will spark discussion about such differences between the fields.

How should a multinational corporation (MNC) from a mature democracy deal with the human rights issues in a country with a poor human rights standard? The paper aims to discuss these issues.

The authors develop a mathematical model to depict MNC's behavior in response to human rights violations in the host country.

The authors show that, first, in a country with a high level of human rights abuses, a firm will have to lower its human rights standards to survive; but, second, a collective effort by all firms is essential to improve the human rights conditions in the host environment; and third, a firm's human rights practices may have a multiplicative effect that can significantly affect the momentum of human rights development in a host country.

This study is one of the first attempts to provide a theoretical framework on the issue of MNCs and human rights in host countries.

This chapter is intended to elaborate on the existing academic literature addressing the migration of constitutional ideas. Through an examination of ongoing efforts to enshrine “defamation of religion” as a violation of international human rights, the author confirms that the phenomenon of migration is not restricted to positive constitutional norms, but rather also encompasses negative ideas that ultimately may serve to undermine international and domestic constitutionalism. More specifically, the case study demonstrates that the movement of anti-constitutional ideas is not restricted to the domain of “international security” law, and further, that the vertical axis linking international and domestic law is in fact a two-way channel that permits the transmission of domestic anti-constitutional ideas up to the international level.

In reaching the findings presented herein, the chapter also adds to the universalism–relativism debate by demonstrating that allowances for “plurality consciousness” on the international level may in certain instances undermine fundamental norms previously negotiated and accepted as authoritative by the international community. From this perspective, the movement in favor of prohibiting “defamation of religion” is not merely a case study that helps to expand our understanding of how anti-constitutional ideas migrate, but also indicative of a reenergized campaign to challenge the status, content, and stability of universal human rights norms.

The purpose of this paper is to examine the state-business nexus in responses to human rights violations in businesses and questions the efficacy of the UN guiding principles on human rights in businesses, in particular in the ready-made garments (RMG) industry in Bangladesh. Drawing on Cohen’s notion of “denial” and Black’s (2008) legitimacy and accountability relationships of state and non-state actors, the study seeks to explain why such “soft” global regulations remain inadequate.

The empirical work for this paper is based on the authors’ participation in two multiple-stakeholder advisory consultation meetings for the RMG sector in Bangladesh and 11 follow-up interviews. This is supplemented by documentary evidence on human rights disasters, responses of the state and non-state actors and human rights reports published in national and international newspapers.

The paper provides clear evidence that the state-business nexus perpetuates human rights disasters. The study also shows that the Bangladeshi state, ruled by family-led political parties, is more inclined to protect businesses that cause human rights disasters than to ensure human rights in businesses. The economic conditions of the RMG industry and accountability and legitimacy relationships between state and non-state actors have provided the necessary background for RMG owners to continue to violate the safety and security of the workplace and maintain inhumane working conditions.

Complex state politics, including family, kinship and wealthy supporters, and economic circumstances have serious implications for the efficacy of the UN guiding principle on human rights for business. This paper calls for broader political and economic changes, nationally and internationally.

The study highlights the perpetuation of corporate human rights abuses by the state-business nexus, and indicates that human rights issues continue to be ignored through a discourse of denial. This is explained in terms of legitimacy and accountability relationships between state and non-state actors, bounded by complex political and economic conditions.

The purpose of this paper is to address two questions: first, what contracts, instruments and accounting activities constitute Australia’s offshore asylum seeker processing policy in practice? Second, how are notions of legitimacy and accountability mediated through the network constituted by this policy?

The paper is located in the critical interpretivist approach to accounting research. It is based on an exhaustive documentary analysis. Policy documents, contract documents, records of parliamentary inquiries (Hansard) and legislation were analysed drawing on a network policy perspective.

The paper finds that the Australian Government has sought to escape its accountability obligations by employing a range of approaches. The first of these approaches is the construction of a network involving foreign states, private corporations and non-government organizations. The second is through a watered down accountability regime and refusal to be accountable for the day-to-day life of asylum seekers in offshore processing centres through a play with the meaning of “effective control”. Yet while the policy network seems designed to create accountability gaps, the requirement within the network to remain financially accountable undermines the governments claims not to be responsible for the conditions in the detention camps.

The paper focuses largely on the period starting from when Kevin Rudd became Prime Minister to the death in Papua New Guinea of asylum seeker Reza Barati on 17 February 2014. Earlier periods are beyond the scope of this paper.

The paper will result in the identification of deficiencies inhuman rights accountability for extra-territorialized and privatised immigration detention and may contribute towards the formulation of effective policy recommendations to overcome such deficiencies. The paper also provides empirical data on, and academic understanding of, immigration detention outsourcing and offshoring.

The paper will inform debate regarding treatment of unauthorized maritime arrivals and asylum seekers generally.

The paper provides the first detailed and full understanding of the way Australia’s offshore asylum seeker processing policy is practiced. The paper also provides an empirical analysis of the way national policy and its associated accountability mechanisms emerge in response to the competing legitimacy claims of the international community and national electorate.

This article delineates the pilot implementation of the Rohingya Archive (R-Archive). The R-Archive seeks to both confront and exploit the roles of documentation and recordkeeping in forced displacement of Rohingya people through targeted physical and bureaucratic violence in Myanmar. This grassroots activist intervention is located at the intersection of technology, rights, records, jurisdictions and economics. Using Arweave's blockweave, the R-Archive secures copies of records, such as identity documentation, land deeds and personal papers, carried into diaspora by Rohingya refugees against unauthorised alteration, deletion and loss, providing a trust infrastructure for accumulating available evidence in support of rights claims and cultural preservation.

Iterative development of functional requirements, data collection processes and identification of a technological solution for the community-based, post-custodial, blockchain-inspired R-Archive; design and testing of the R-Archive pilot; and analysis of trust and economic concerns arising.

A complex set of interconnecting considerations is raised by this use of emerging technologies in service to a vulnerable and diasporic community. Hostile governments and volatile cryptocurrencies are both threats to the distributed post-custodial R-Archive. However, the strength of the community bonds that form the archive and articulated in its records speak to the possibility of perdurance for a global Rohingya archive, and working through the challenges surfaced by its development offers the possibility to serve as a model that might be adaptable for other grassroots archival activist projects initiated by oppressed, marginalised and diasporic communities.

Personal and community safety and accessibility concerns, especially in refugee camps and under Covid-19 restrictions, presented particular challenges to carrying out the research and development that are addressed in the research design and future research plans.

The goal of this pilot was to collect and store examples of a range of documents that demonstrate different aspects of Rohingya culture and links to the homeland as well as those that record formal evidentiary relationships between members of the Rohingya community now in diaspora and the Burmese state (e.g. acknowledgements of citizenship). The pilot was intended to demonstrate the viability of using a blockchain-inspired decentralised archival system combined with a community-driven approach to data collection and then to evaluate the results for potential to scale.

The R-Archive is a community-centred and driven effort to identify and preserve, under as secure and trusted conditions as possible, digital copies of documents that are of juridical, cultural and personal value to the Rohingya people and also of significance as primary documentary evidence that might be used by international legal institutions in investigating genocide taking place in Burma and by academic researchers studying the history of Burma.

The R-Archive is novel in terms of its technological application (Arweave), the economic concerns of a vulnerable stateless population it is trying to address, and its functional complexity, in that its goal is simultaneously to serve both legal evidentiary and community archive functions. The R-Archive is also an important addition to other notable efforts in the diasporic Rohingya community that have attempted to employ the tools of technology for cultural preservation.

Agitation for adoption of freedom of access to government information is an emerging issue in Africa and has gathered momentum since 2000 when South Africa passed the first freedom of information (FoI) law in the continent. This paper aims to discuss the extent of passage of FoI laws in Africa, the reality of their implementation in some of the countries and the critical challenges and recommendations.

A document analysis approach was adopted for gathering vital information on the realities and challenges of FoI implementation in Africa. Literature on the concepts, principles and practice of FoI were reviewed, and relevant facts and figures were extracted to buttress the authors’ argument.

Only 14 (25.5 per cent) of the 55 countries in Africa had signed FoI law as on January 31, 2015; 16 (29.0 per cent) are still lobbying, while 25 (45.5 per cent) of the states had no significant plan yet. Political factors like colonial legacy, poor leadership, inexperienced record managers for the implementation of FoI Acts (FoIA), corruption and hydra-headed clauses such as “national security, and other privacy rights” impede access to government records in Africa. The paper recommended among others that African countries should amend restrictive laws that continue to impede full implantation of FoI laws.

Implementation of the provisions in the FoIA in Africa will not be realistic unless those restrictive clauses that hinder citizens from freely accessing government information are reviewed in line with free access to information.

This paper appears to be the first to review the status of FoIA in Africa since the first right to information laws were signed in the continent.

This paper examines the recordkeeping governance requirements of the childhood out-of-home Care sector, with critical interlaced identity, memory, cultural and accountability needs. They argue that as we enter a new era of participation, new models for governance are required to recognise and dynamically negotiate a range of rights in and to records, across space and through time. Instead of recordkeeping configured to support closed organisations and closely bounded information silos, there is a need for recordkeeping to reflect, facilitate and be part of governance frameworks for organisations as nodes in complex information networks.

The paper reports on a key outcome of the Setting the Record Straight for the Rights of the Child National Summit held in Melbourne Australia in May 2017, the National Framework for Recordkeeping in Out-of-Home Care, and the research and advocacy agenda that will support its development.

The authors argue that as we enter an algorithmic age, designing for shared ownership, stewardship, interoperability and participation is an increasing imperative to address the information asymmetries that foster social disadvantage and discrimination. The authors introduce the concept of participatory information governance in response to social, political and cultural mandates for recordkeeping. Given the challenges associated with progressing new participatory models of recordkeeping governance in the inhospitable environment of existing recordkeeping law, standards and governance frameworks, the authors outline how these frameworks will need to be re-figured for participatory recordkeeping.

The National Framework for Recordkeeping for Childhood Out-of-Home Care seeks to address the systemic recordkeeping problems that have been most recently highlighted in the 2013-2017 Royal Commission into Institutional Responses to Child Sexual Abuse.

The National Framework for Recordkeeping for Childhood Out-of-Home Care will also address how a suite of recordkeeping rights can be embedded into networked socio-technical systems. This represents an example of a framework for participatory information governance which can help guide the design of new systems in an algorithmic age.

The proposed National Framework represents a new model for recordkeeping governance to recognise and enact multiple rights in records. Designed to support the lifelong identity, memory and accountability needs for those who experience childhood out-of-home Care, it aims to foster the transformation of recordkeeping and archival infrastructure to a participatory model that can address the current inequities and better enable the design and oversight of equitable algorithmic systems.

This paper explores the health rights of prisoners as defined in international law, and the mechanisms that have been used to ensure the rights of persons in detention to realise the highest attainable standard of health. It examines this right as articulated within United Nations and regional human rights treaties, non‐binding or so‐called soft law instruments from international organisations and the jurisprudence of international human rights bodies. It explores the use of economic, social and cultural rights mechanisms, and those within civil and political rights, as they engage the right to health of prisoners, and identifies the minimum legal obligations of governments in order to remain compliant with human rights norms as defined within the international case law. In addressing these issues, this article adopts a holistic approach to the definition of the highest attainable standard of health. This includes a consideration of adequate standards of general medical care, including preventative health and mental health services. It also examines the question of environmental health, and those poor conditions of detention that may exacerbate health decline, disease transmission, mental illness or death. The paper examines the approach to prison health of the United Nations human rights system and its various monitoring bodies, as well as the regional human rights systems in Europe, Africa and the Americas. Based upon this analysis, the paper draws conclusions on the current fulfilment of the right to health of prisoners on an international scale, and proposes expanded mechanisms under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment to monitor and promote the health rights of prisoners at the international and domestic levels.