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2. Holding the Islamic Republic of Iran accountable for atrocity crimes
- Author:
- Celeste Kmiotek, Alana Mitias, and Nushin Sarkarati
- Publication Date:
- 04-2023
- Content Type:
- Policy Brief
- Institution:
- Atlantic Council
- Abstract:
- With little to no prospect for accountability within Iran’s domestic courts, victims and survivors of serious violations of international law are turning toward an increasing number of foreign jurisdictions—most commonly in Europe and North America, but also in Latin America, Africa, and other regions—to pursue justice for human rights violations carried out by the Islamic Republic of Iran. Under the principle of universal jurisdiction, certain domestic justice systems allow prosecutions in national courts for crimes committed abroad, regardless of the victim’s or perpetrator’s nationality. Universal jurisdiction stems from the concept that certain crimes are of such gravity that they harm the international community as a whole, so national courts outside the country where the violations took place may prosecute them to protect the international order. Although the crimes subject to universal jurisdiction provisions differ by state, they generally include crimes against humanity, torture, war crimes, and genocide. Limitations on universal jurisdiction also vary between states, however, as do the processes for filing complaints and procedures for investigations, trials, and appeals. As was shown by the trial and conviction of Hamid Noury in Sweden for his involvement in the massacre of Iranian political prisoners in 1988, national prosecutions of international crimes can be a fruitful avenue to justice for victims of the Islamic Republic. To this end, the Atlantic Council’s Strategic Litigation Project has compiled a guide to aid practitioners and independent investigators in navigating the legal systems of European states with the highest likelihood of prosecuting Iranian human rights violators. Focusing on five states—France, Germany, the Netherlands, Sweden, and Switzerland—this manual outlines the crimes and violations subject to universal jurisdiction, best practices for investigating and documenting crimes, and processes for requesting investigations and participating in prosecutions as a victim, witness, or NGO. For information that is beyond the scope of this manual, the annex includes printed resources to consult and organizations to contact for additional assistance.
- Topic:
- Diplomacy, Human Rights, Politics, Rule of Law, Accountability, Norms, Atrocities, Resilience, and Society
- Political Geography:
- Iran and Middle East
3. Pursuing justice for international crimes in Ukraine: A patchwork of multi-level and long-running efforts
- Author:
- Katja Creutz
- Publication Date:
- 06-2023
- Content Type:
- Policy Brief
- Institution:
- Finnish Institute of International Affairs
- Abstract:
- The Russian aggression against Ukraine has triggered debates and initiatives on how to address crimes under international law committed in and against Ukraine, including war crimes and the crime of aggression. A single institution capable of dealing with all international crimes is nonetheless lacking. Tens of thousands of alleged war crimes have been reported and documented, part of which the Ukrainian courts themselves are handling. The massive caseload requires international assistance, in addition to which the ICC is also investigating alleged war crimes. The international community is divided in regard to the investigation and prosecution of the crime of aggression. As the ICC lacks jurisdiction with respect to this crime in this particular situation, European states are advancing a special ad hoc tribunal. Nonetheless, the majority of countries globally, particularly in the Global South, find it hard to support the initiative. The discussion on the best way to proceed with regard to addressing the crime of aggression committed by Russia is ongoing. Many problematic issues are being debated, ranging from political desirability to the issue of head of state immunities.
- Topic:
- Human Rights, International Law, United Nations, War Crimes, and Russia-Ukraine War
- Political Geography:
- Russia, Ukraine, and Eastern Europe
4. The EU’s Magnitsky Act Obsolete in the Face of Russia’s Crimes in Ukraine?
- Author:
- Steven Blockmans
- Publication Date:
- 05-2023
- Content Type:
- Policy Brief
- Institution:
- International Centre for Defence and Security - ICDS
- Abstract:
- Despite the mounting evidence of the most serious of human rights violations being conducted by Russian forces on Ukrainian soil, the EU has chosen not to use its new Magnitsky Act to blacklist the perpetrators and their commanders. Instead, the EU has preferred to respond to Russia’s ‘dumb’ bombs with increasingly ‘dumb’ sanctions. This Brief explains why, after decades of work to smarten up its restrictive measures, the politicisation of human rights sanctions and the high threshold of evidentiary standards make it very hard for the Council to rely on evidence gathered from transition countries where the justice sector is still vulnerable to widespread corruption and political cronyism.
- Topic:
- Human Rights, International Law, European Union, and Russia-Ukraine War
- Political Geography:
- Russia, Europe, and Ukraine
5. The Responsibility of Business to Respect Human Rights
- Author:
- Özlem Zıngıl
- Publication Date:
- 11-2023
- Content Type:
- Policy Brief
- Institution:
- Turkish Economic and Social Studies Foundation (TESEV)
- Abstract:
- This brief provides a frame of reference and recommendations on the responsibility of business to respect human rights, based on the UN Guiding Principles on Business and Human Rights and current examples.
- Topic:
- Human Rights, United Nations, Business, Accountability, Transparency, and Labor Market
- Political Geography:
- Turkey and Middle East
6. Has Kosovo understood the Sexual Integrity of Women?
- Author:
- Blenda Asllani
- Publication Date:
- 09-2023
- Content Type:
- Policy Brief
- Institution:
- Kosovar Centre for Security Studies (KCSS)
- Abstract:
- The sexual integrity of women means their right to own and have full control over their bodies without any form of violence or coercion. Kosovo, like many countries in the world, has faced significant challenges in ensuring and fully respecting the sexual integrity of women. One of the most frequent forms of violation of the sexual integrity of women is sexual violence: sexual harassment, sexual assault, and rape. According to the database of the QIKA organization, from 2019 to 2022, 257 women reported that they were sexually assaulted and another 231 reported sexual harassment to the Kosovo Police. Violation of sexual integrity in Kosovo has not excluded even minor girls, where we recall the case of the rape of an 11-year-old girl by a group of 5 adult men in August, 2022. The recent data from the Information System of the Kosovo Police is a sobering reminder of the gravity of this situation: from January to May 2023, there have been 42 committed and 4 attempted rape cases. As Kosovo progresses towards enhanced national development and global integration, addressing sexual violence becomes crucial not just for individual well-being, but also as a fundamental matter of human rights, gender equality, public safety, and social cohesion.
- Topic:
- Human Rights, Women, Sexual Violence, Police, and Gender
- Political Geography:
- Eastern Europe and Kosovo
7. Migration restrictions in the West: Some ethical concerns
- Author:
- Emmanuel Comte
- Publication Date:
- 08-2022
- Content Type:
- Policy Brief
- Institution:
- Hellenic Foundation for European and Foreign Policy (ELIAMEP)
- Abstract:
- Migration policies have divided the world in two groups: the walled world of Western countries and the rest. The EU system of migration control is the most extensive, given that Europe is surrounded by a series of regions with high migration potential. Migration restrictions do not enhance and may serve to reduce the opportunities of the worse-off and, as such, are at odds with international fairness. Negative externalities from richer to poorer countries, triggered by migration policies themselves or monetary or climate policies, make migration restrictions even more unfair. The growth of the migration control system ends up threatening human rights within Western countries. It is necessary to explore all possible ways to reverse migration restrictions and promote more open migration policies.
- Topic:
- Human Rights, Migration, Border Control, European Union, and Refugees
- Political Geography:
- Europe
8. Legal Mobilisation for Minority Rights in Central and South-Eastern Europe: an agenda for action
- Author:
- Lilla Farkas and Zsolt Körtvélyesi
- Publication Date:
- 04-2022
- Content Type:
- Policy Brief
- Institution:
- Hellenic Foundation for European and Foreign Policy (ELIAMEP)
- Abstract:
- On September 2–3, 2021, a workshop was held at ELIAMEP at which participants discussed their prospective contributions to a collective volume with the working title “Legal Mobilisation for Minority Rights in Central and South-eastern Europe (CSEE)”. The contributions tracked rights-claiming by three large groups of minorities in areas historically ruled by the multicultural Austro-Hungarian monarchy and the Ottoman empire: Hungarian minorities living around their kin-state, Roma across CSEE, and Muslims in the Balkans, including Turks, Muslims, Albanians, and Bosniaks. The edited volume will be the first systemic study of minority-rights activism in its political and geographic context, with a focus on how ethnic minorities use law in practice. Rather than focusing on high-visibility international litigation, which is dominant in the extant scholarship, the volume tracks legal action from the national and local level up, assessing the impact of legal mobilization in terms of social change, not simply legal success.
- Topic:
- Human Rights, Law, Minorities, Ethnicity, and Activism
- Political Geography:
- Eastern Europe, Balkans, Hungary, and Central Europe
9. The UN Agenda for Protection: Policy, Strategic, and Operational Priorities
- Author:
- Damian Lilly
- Publication Date:
- 03-2022
- Content Type:
- Policy Brief
- Institution:
- International Peace Institute
- Abstract:
- In his 2020 Call to Action on Human Rights, UN Secretary-General António Guterres committed to developing an “Agenda for Protection.” The agenda provides an opportunity for the UN to reaffirm that the protection of crisis-affected populations is fundamental to its purpose and values. To be effective it should address the lessons learned from previous efforts to bring about a system-wide approach to protection, particularly the Human Rights up Front initiative. Critically, it should address the systemic and structural shortcomings of the UN to effectively respond to protection crises by providing strategic coherence to the fragmented ways in which the different UN entities contribute to protection. This policy paper analyzes the policy, strategic, and operational priorities for the forthcoming Agenda for Protection. It focuses on how the UN system can reform the way it addresses protection crises while remaining mindful that its role is heavily influenced by member states. It argues that without a transformative and comprehensive approach that brings together the fragmented ways the different UN entities contribute to protection, the Agenda for Protection is likely to suffer the same fate as previous unsuccessful efforts, further undermining the organization’s credibility. The paper concludes by providing several recommendations for the UN to consider as it drafts the Agenda for Protection: Establishing a clear vision statement and a commitment to protect; Setting out a common framework of protection measures to be implemented; Designating and resourcing a system-wide lead entity on protection; Outlining procedures to scale up the response in the event of a protection crisis; Developing an implementation plan and accountability framework; and Consolidating the reporting of protection results.
- Topic:
- Human Rights, United Nations, Sustainable Development Goals, Civilians, Humanitarian Response, and Protection
- Political Geography:
- Global Focus
10. Forging European Unity on China: The Case of Hungarian Dissent
- Author:
- Ties Dams
- Publication Date:
- 04-2022
- Content Type:
- Policy Brief
- Institution:
- Clingendael Netherlands Institute of International Relations
- Abstract:
- EU Member states can be divided on China, even on issues such as human rights. Often singled out as an agent of division is the Hungarian government of prime minister Viktor Orbán. Hungarian dissent begs the question: how can the EU move forward on China given Hungary’s strategy of obstructive dissent? European cooperation ought not wait for unanimity, nor should it rely on value-politics: member states should play the power game to circumvent or break lingering impasses. Member States should support setting up a 27+1 Forum as the main platform for European China-policy, form a leading group tackling strategic corruption and corrosive capital, and initiative a track 1.5 dialogue on China with Germany and the Visegrád Countries.
- Topic:
- Foreign Policy, Corruption, Human Rights, and European Union
- Political Geography:
- China, Europe, Asia, and Hungary
11. The Humanitarian Paradox: Why Human Rights Require Restraint
- Author:
- Asli Bâli
- Publication Date:
- 08-2022
- Content Type:
- Policy Brief
- Institution:
- Quincy Institute for Responsible Statecraft
- Abstract:
- For the United States to be “committed to a world in which human rights are protected, their defenders are celebrated, and those who commit human rights abuses are held accountable” requires more than rhetorical flourishes.1 To achieve the goal of protecting and promoting human rights, the United States must embrace a more restrained security posture together with a persistent diplomatic strategy that prioritizes engagement ahead of confrontation. Military force and economic coercion are the wrong tools for advancing human rights. As the cases of Iraq and Libya demonstrate, preventive or humanitarian wars have critically impaired human rights. Similarly, comprehensive sanctions regimes have imposed severe human rights costs while achieving few U.S. foreign policy goals, if any, in targeted countries. The United States should therefore incorporate the following policy approaches in the service of human rights: • Right-size its expectations of what American power can achieve to protect and advance human rights abroad. On balance, exaggerated and unrealistic confidence in American power has hurt rather than helped the cause of human rights. • Serve as a public advocate of human rights in multilateral settings, engaging with international institutions to pressure allies and adversaries alike on their human rights records. At the same time, the United States should raise human rights concerns directly in its bilateral dealings when abuses come to light, using private diplomacy to highlight specific issues or changes that are priorities. • Do much more to support the protection and promotion of human rights in areas under its direct control or influence. This would include, at a minimum, halting human rights abuses committed by the U.S. in its own counterterrorism operations, freezing military aid when U.S. arms are implicated in targeting civilians, building on the recent openness to Ukrainian refugees by strengthening and expanding U.S. asylum and refugee resettlement programs globally, and greatly increasing delivery of humanitarian aid, in the form of funding as well as medical and food assistance, to civilian populations deprived of their socioeconomic rights due to conflict, climate change, and the global food crisis.
- Topic:
- Human Rights, War, Humanitarian Intervention, and Coercion
- Political Geography:
- United States of America
12. Strategic Patience: Sustainable Engagement with a Changed Afghanistan
- Author:
- Adam Weinstein
- Publication Date:
- 08-2022
- Content Type:
- Policy Brief
- Institution:
- Quincy Institute for Responsible Statecraft
- Abstract:
- One year after the United States withdrew its military from Afghanistan, relations between the two countries are stuck in a holding pattern. The United States remains the single largest humanitarian donor to the people of Afghanistan, with over $774 million USD distributed since the Taliban takeover, but the United States maintains no diplomatic presence in the country — nor does it send official diplomatic envoys.1 U.S. sanctions have not altered the Taliban’s calculus on human rights or ties with al-Qaeda. The Taliban has proved intransigent and unrealistic in its relations not only with Washington but with neighboring countries like Pakistan. Its senior leaders lack a coherent vision for the country and its emir remains reclusive.2 Future U.S. policymakers might be tempted to disengage diplomatically and economically from Afghanistan and instead rely primarily on “over-the-horizon” counterterrorism.3 The most likely consequence of this approach would be a more isolated and unstable Afghanistan, which in turn could foster an even more permissive environment for transnational terrorists. Consistent diplomacy tied to long-term U.S. security objectives is likely to produce incremental results at best, but is still preferable to diplomatic disengagement or military intervention. This brief provides a concise background and analysis of the most pressing issues affecting U.S. interests in Afghanistan. It draws on open source data; interviews with government officials — including from the de facto Taliban government; and interviews with private analysts that were conducted remotely or in person — in the United States, Pakistan, and Qatar. Broad policy recommendations • The United States should work closely with regional countries, including Pakistan, India, Tajikistan, and Uzbekistan to ensure they are prepared to handle security challenges as they emerge. If the Joint Comprehensive Plan of Action (JCPOA) is revived, opportunities may emerge to engage Iran on Afghanistan. These should include routine dialogue, intelligence sharing, and capacity building, such as policing and border security. Washington should engage separately with India and Pakistan to bolster humanitarian aid and limited commerce to Afghanistan. • The United States should reiterate mutual responsibilities under the 2020 agreement it signed with the Taliban in Doha, but recognize that it lacks effective enforcement mechanisms and therefore is better understood as an aspirational framework. • Formal recognition of the de facto Taliban government should be withheld until it demonstrates a clear commitment to its counterterrorism responsibilities and respect for basic human rights, including for women. But Washington should place diplomats in Afghanistan either through the creation of an in-country Afghanistan affairs unit, whether based in the prior U.S. Embassy or inside a friendly third country’s diplomatic mission, or by sending temporary delegations to Kabul, as our allies have. This should be coupled with multilateral steps to remove the leadership’s travel privileges. It is important that U.S. officials interact with Taliban cabinet members in Kabul and other Taliban stakeholders based in Kandahar.4 Direct outreach by U.S. military officials and the intelligence community may have utility but it is not a replacement for a coherent civilian-led diplomatic strategy. • Sanctions intended to target the Taliban as a non-state actor now extend far beyond their original scope, since they became the de facto government of Afghanistan. If not yet determined, the U.S. government should communicate what steps the Taliban must take to be de-listed as a Specially Designated Global Terrorist Group.
- Topic:
- Foreign Policy, Human Rights, Sanctions, and Engagement
- Political Geography:
- Pakistan, Afghanistan, South Asia, India, and United States of America
13. The geopolitics of technology: How the EU can become a global player
- Author:
- Julian Ringhof and José I. Torreblanca
- Publication Date:
- 05-2022
- Content Type:
- Policy Brief
- Institution:
- European Council on Foreign Relations (ECFR)
- Abstract:
- Battles in the digital space have taken centre stage in today’s global power struggles. The EU cannot stay aside. To become a geopolitical actor, the EU needs to learn to play global technology politics and should adopt an ambitious digital diplomacy strategy. A digital diplomacy strategy will enable the EU to better defend its values, enhance its security, and foster digital markets at home and worldwide. To counter Chinese and Russian influence in the technology realm, the EU should build digital alliances with like-minded countries. The EU needs to seek greater convergence with the US and other Western allies, and offer the global south an attractive alternative path to digital development. For the European External Action Service and the European Commission to succeed in this task, the concurrence of the EU institutions, the member states, and a variety of private stakeholders is essential.
- Topic:
- Diplomacy, Human Rights, Science and Technology, European Union, Geopolitics, and Digital Policy
- Political Geography:
- Europe
14. Multilateralism Index: Pilot Report
- Author:
- International Peace Institute
- Publication Date:
- 09-2022
- Content Type:
- Policy Brief
- Institution:
- International Peace Institute
- Abstract:
- In the past several years, there has been a much-discussed rise in strain on multilateralism. However, there have been few efforts to quantifiably assess the state of the multilateral system. This Multilateralism Index (MI) report is the first known attempt to do so. It focuses on developments in the system over the past decade, providing a snapshot of its relative strength in 2020 compared to 2010. It seeks to answer questions including: What is the state of the multilateral system? What is working? What is not? And how has the multilateral system changed over time? The MI examines five domains of multilateral coordination: Peace and Security, Human Rights, Environment, Public Health, and Trade. Each domain is evaluated across three dimensions: Participation, Performance, and Inclusivity. Analysis of sixty-five indicators across these domains and dimensions reveals several trends in multilateral cooperation over the past decade: Participation scores for Human Rights, Public Health, and Trade have improved, while the scores for Peace and Security and Environment have deteriorated. Performance scores have deteriorated in four out of five domains. Inclusivity scores have improved across all five domains. These trends shed light on the nature of the crisis of multilateralism. Rather than decreased international cooperation and widespread exit from multilateral institutions, we are seeing a battle over the nature and purpose of the multilateral system—not decay, but transformation. The MI provides a basis for tracking this transformation and informing decision making on the future of multilateralism.
- Topic:
- Security, Environment, Human Rights, Multilateralism, Peace, Trade, and Public Health
- Political Geography:
- Global Focus
15. The 2022 Israeli elections: Change, but no change
- Author:
- Erwin van Veen
- Publication Date:
- 10-2022
- Content Type:
- Policy Brief
- Institution:
- Clingendael Netherlands Institute of International Relations
- Abstract:
- On 1 November 2022, Israelis will cast their votes to elect a new parliament for the 25th time since 1948. Between 1949 and 2019 (70 years), Israelis went to the polls 20 times. Each parliamentary assembly (Knesset) averaged 3.5 years. But between 2019 and 2022, Israelis voted four times. Each parliamentary assembly averaged only nine months. This brief examines some of the causes of Israel’s political turmoil and assesses whether it matters for two issues of European concern: Israel’s status as ‘democratic’ ally and the occupation of Palestine. Despite their evident shortcomings with regard to Israeli Arabs and Palestinians, we do not expect the Israeli elections of November 2022 to downgrade the country’s allied status across European capitals. Neither do we anticipate the Israeli elections to moderate the country’s policy of annexation in the West Bank and East Jerusalem. Our analysis suggests instead that future Israeli governments will maintain majoritarian Jewish rule and expects it to be propelled by a more unapologetic and repressive ethno-nationalism. This will lead Israel further down the path of exclusionary governance and large-scale human rights violations that risks backfiring in the long term. It will also further erode the moral credibility of the European Union, including the Netherlands, in the areas of human rights and accountability.
- Topic:
- Human Rights, Elections, Democracy, Domestic Politics, and Parliament
- Political Geography:
- Middle East and Israel
16. Fragmentation nation: How Europeans can help end the conflict in Yemen
- Author:
- Helen Lackner
- Publication Date:
- 12-2022
- Content Type:
- Policy Brief
- Institution:
- European Council on Foreign Relations (ECFR)
- Abstract:
- For eight years, Yemen has suffered a civil war, whose conduct has been exacerbated by outside powers, principally Saudi Arabia and the UAE on one side, while Iran has supported the other. Yemen is a politically, socially, geographically, and religiously fragmented country, including within the two broad areas controlled by the internationally recognised government and the Houthis respectively. Saudi Arabia and the UAE may soon decrease their military interference in Yemen – but their exit could expose divisions in both government and Houthi areas. Yemen was poor before the conflict, but a corrupt war economy has now taken hold, strengthening an array of local power holders, while the Yemeni people slip into ever-deeper destitution. Short-term measures introduced with the support of the international community have failed to stabilise the situation. Europeans should take a longer-term approach to Yemen. They should promote the country’s cause in their diplomacy with Gulf Arab states and make a commitment to economic support, a values-based approach, and an emphasis on human rights in Yemen.
- Topic:
- Foreign Policy, Civil War, Diplomacy, Human Rights, and Armed Conflict
- Political Geography:
- Europe, Middle East, Yemen, Saudi Arabia, North Africa, and United Arab Emirates
17. The Color of Justice: Transitional Justice and the Legacy of Slavery and Racism in the United States
- Author:
- Virginie Ladisch and Anna Myriam Roccatello
- Publication Date:
- 04-2021
- Content Type:
- Policy Brief
- Institution:
- The International Center for Transitional Justice (ICTJ)
- Abstract:
- This briefing paper makes the case for applying transitional justice approaches to dismantle systemic racism in the United States. The need to connect the dots between past and present abuses and affirm the humanity and dignity of Black people are central to all efforts to acknowledge victims and the violations they suffered, challenge the dominant historical narrative, repair harms, and reform broken systems. While the truth of the United States’ legacy of slavery and racism and its connections to present-day injustices are well documented in scholarly materials, they have not been acknowledged by the government or adequately integrated into the country’s collective narrative. Overcoming the dehumanization associated with persistent racial and socioeconomic subjugation requires a conscious and explicit government effort to denounce it and inform all citizens about how it occurred throughout US history. This includes acknowledgment and reparations. Reforms are also desperately needed in the criminal justice system, voting, housing, education, and health care. Drawing on comparative examples, this briefing argues that any meaningful changes to laws and policies or institutional reforms must be grounded in a recognition and understanding of the society’s past atrocities and its connection to present-day injustices, grievances, and violence. The United States finds itself in a moment of reckoning, as protests and public demands crack open the door to broader discussions on how to unravel the country’s legacies of slavery and white supremacy and reform institutions such the police and the criminal justice system. It should look to and learn from other countries that have undertaken efforts to address systemic human rights violations, provide reparations, and advance reforms. It is now time for the United States to apply transitional justice approaches domestically to at last reckon with its legacy of slavery and racism and build a more just future for the country and all its citizens.
- Topic:
- Human Rights, Reform, Slavery, Transitional Justice, Criminal Justice, Memory, Institutions, Racism, and Truth and Reconciliation
- Political Geography:
- North America and United States of America
18. Biden and Belarus: A strategy for the new administration
- Author:
- Anders Åslund, Melinda Haring, John Herbst, and Alexander Vershbow
- Publication Date:
- 01-2021
- Content Type:
- Policy Brief
- Institution:
- Atlantic Council
- Abstract:
- United States President Joseph R. Biden Jr. has an historic opportunity to bring Europe together and reverse the tide of dictatorship by building an international coalition to support democracy in Belarus. In 2020, Belarusians unexpectedly called Alyaksandr Lukashenka’s legitimacy into question in the country’s August presidential election. Lukashenka brazenly rigged the results, claiming that he took 80 percent of the vote, but neither the United States nor the European Union (EU) recognizes his victory. A months-long protest movement has coalesced that demands new elections under the supervision of the international community. Recent years have seen no better chance for US leadership to facilitate lasting positive change in Europe than the crisis in Belarus. But how to secure democratic change in Belarus is not simple given internal resistance and Moscow’s determination to prevent another “color revolution.” Lukashenka is likely finished, unable to restore any authority or legitimacy. But he is seeking to hang on despite Moscow’s efforts to arrange a pliable replacement who would preserve Minsk’s pro-Russian orientation. Managing Moscow’s efforts to prevent an aroused citizenry from choosing their own leader is no easy task. Russia remains the key geopolitical player in Belarus, often plays the long game, and may be willing to countenance military options that the United States cannot. Perhaps the key fact is that Belarusians have made it amply clear that they want accountable leaders that they can choose and dismiss for themselves. More than thirty thousand peaceful protesters have been detained since August, more than three hundred and fifty police officers have defected, and ordinary Belarusians are no longer afraid to voice their opposition to the regime. Kremlin support for the ongoing repression risks turning the Belarusian people—historically friendly toward Russia—in a pro-European direction. These changes in Belarus are something that Moscow cannot ignore, and the United States and its allies must nourish and strengthen them in consistent ways that avoid and deter a Kremlin overreaction. Biden, with his long experience promoting US values and interests and his determination to strengthen transatlantic relations, is ideally situated to promote clear support for the people of Belarus that does not directly challenge Moscow’s security interests.
- Topic:
- Economics, Human Rights, Sanctions, and Democracy
- Political Geography:
- Europe, Belarus, and United States of America
19. What choices remain for the United States in Syria?
- Author:
- Nate Rosenblatt and Jomana Qaddour
- Publication Date:
- 06-2021
- Content Type:
- Policy Brief
- Institution:
- Atlantic Council
- Abstract:
- Syria is home to one of the world’s most complex conflicts. The chaos caused by the Syrian regime and its allies — within Syria, across the Middle East, and beyond — poses immediate and enduring threats. Considering its foreign policy promise to defend democracy and human rights, the Biden administration does not have the luxury of ignoring what happens in Syria. Accepting that there are fewer options for the United States today than there were ten years ago does not mean normalizing the Assad regime or turning a blind eye to Russian and Iranian efforts to tip the balance of power in the region. In a new issue brief from the Atlantic Council’s Syria program, “What Choices Remain for the United States in Syria?,” Nate Rosenblatt and Jomana Qaddour describe the challenges the United States faces in Syria, including Russia’s attempt to expand the UN Strategic Framework as well the struggle to keep the UN humanitarian border crossings open in northern Syria. The memo then lays out the three potential strategies in Syria: one prioritizing the withdrawal of US forces, a second protecting humanitarian access and ensuring progress on limited, critical files, and a third maintaining US support for, as well as coordination with, partners to dial up the pressure on the Syrian government and its allies. The paper ultimately argues that the Biden administration should seize this opportunity to establish a clear strategy in Syria by aligning its defense, development, and diplomatic capabilities with those of its global allies and partners to shape a better outcome in Syria.
- Topic:
- Diplomacy, Human Rights, International Organization, Politics, United Nations, Syrian War, and Resilience
- Political Geography:
- Middle East, Syria, North America, and United States of America
20. A strategic framework for countering China’s human-rights violations in Xinjiang
- Author:
- Jeffrey Cimmino
- Publication Date:
- 07-2021
- Content Type:
- Policy Brief
- Institution:
- Atlantic Council
- Abstract:
- China is engaged in a systematic campaign of repression against predominantly Muslim ethnic minorities in Xinjiang Uyghur Autonomous Region (XUAR) in northwest China. Through a combination of detention camps, mass surveillance, birth suppression, and other means, China is responsible for gross human-rights violations. In recent years, the international community has devoted an increasing amount of attention to China’s actions in Xinjiang. Earlier this year, the United States declared that Beijing’s behavior constituted genocide. More recently, the United States and several key partners announced multilateral sanctions on Chinese officials facilitating repression in the region. To build on these developments, the United States and its allies and partners should adopt a more strategic approach to addressing China’s human-rights abuses. This Issue Brief proposes a framework for such a strategy, articulating a multilateral approach for dealing with China’s repressive actions in Xinjiang. This Issue Brief argues that addressing China’s abuses in Xinjiang is of strategic importance. Ultimately, the goal of this strategy is to achieve an end state in which China has ceased its repressive activities; however, even if achieving this objective proves elusive, imposing costs on Beijing’s actions in Xinjiang can still serve broader strategic ends vis-a-vis China. China has chosen an assertive path to attaining global power and influence, and decades of economic growth and incorporation in the global economic system have not been enough to transform Beijing into a responsible stakeholder in a rules-based international system. The United States and its allies and partners will need to impose costs on Chinese behavior that violates international norms. Imposing costs on China’s human-rights violations in Xinjiang is a critical element of a broader strategy to dissuade Chinese Communist Party (CCP) behavior that undermines international norms and to push Beijing toward becoming a cooperative member of a rules-based international system.
- Topic:
- Human Rights, International Organization, Politics, Sanctions, Economy, and Uyghurs
- Political Geography:
- China, Asia, and Xinjiang
21. Detention as the Default: How Greece, with the support of the EU, is generalizing administrative detention of migrants
- Author:
- Vasilis Papastergiou
- Publication Date:
- 11-2021
- Content Type:
- Policy Brief
- Institution:
- Oxfam Publishing
- Abstract:
- Putting migrants and asylum seekers into detention for administrative reasons is a common practice in Greece, despite this policy contravening human rights. Greek authorities are using detention and the new EU-funded closed compounds as a way to discourage people from seeking asylum in Europe. Detention, as outlined in Greek law, should only be used as a final resort and only then in specific instances. Detention carries with it not only a financial cost, but also a considerable moral cost. Detention without just cause violates basic human rights, such as freedom of movement, the right to health and the right to family life. Alternatives to detention exist and must be prioritized.
- Topic:
- Human Rights, Humanitarian Crisis, Detention, and Migrants
- Political Geography:
- Europe and Greece
22. Genocide in Xinjiang: Centering Uyghur Human Rights in US Policies Toward China
- Author:
- Nury Turkel
- Publication Date:
- 11-2021
- Content Type:
- Policy Brief
- Institution:
- Hudson Institute
- Abstract:
- Acts of genocide are currently underway against the Uyghur people in the Xinjiang Uyghur Autonomous Region of northwestern China, also known as East Turkistan. As part of a campaign of persecution and cultural eradication, Chinese authorities have, according to former detainees and prisoners, subjected millions of Uyghurs and other minorities to rape, torture, forced labor, arbitrary detention, involuntary abortion and sterilization in state-run facilities, and the separation of around half a million Uyghur children from their families. Although both Republicans and Democrats in the United States have acknowledged these horrifying acts as genocide, the rest of the world has been slow to follow, whether because they find the evidence to be inconclusive or because they are reluctant to antagonize China. Regardless, now that the Biden administration is on record declaring the actions of the Chinese government to be genocide, the United States has a legal and moral obligation to do what it can to end the mass atrocities that the Chinese Communist Party (CCP) is committing against the Uyghur people. While both the Trump and Biden administrations and Congress have already taken steps to address this human rights disaster, more can and should be done to defend the Uyghur people, address their humanitarian needs, promote accountability, and ensure that individuals and entities within the United States—including private businesses—are not complicit in the abuses underway. A strong response to the ongoing genocidal campaign would send a powerful message to Beijing that America will not tolerate efforts to destroy ethno-religious groups, either as a whole or in part. Conversely, failure to act would render the Convention on the Prevention and Punishment of the Crime of Genocide (which the United States ratified in 1988) and its implementing legislation null and void. Through the three Cs—competition, confrontation, and cooperation—the Biden administration can act in coordination with US friends and allies abroad to end these atrocities. The Biden administration is now on record as recognizing this repressive campaign as genocide, a move that must trigger a response toward Beijing that departs from business as usual. Although China’s significant global influence supports the assumption that effective levers to influence its behavior with respect to human rights issues are lacking, international attention and pressure have already caused Beijing to backpedal to a certain degree. This attention and pressure resulted from US-led efforts to rally international support coupled with US legislative and executive responses, including sanctions, visa restrictions, and trade restrictions. This policy memo outlines the nine areas of action that, performed in coordination with complementary actions of partners and allies, could alleviate the Uyghur human rights crisis, pressure China to reverse course, and ensure that the West and corporate America are not complicit in genocide.
- Topic:
- Foreign Policy, Genocide, Human Rights, and Religion
- Political Geography:
- China, Asia, United States of America, and Xinjiang
23. The Atrocities Against Uyghurs and Other Minorities in Xinjiang
- Author:
- Nury Turkel
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Hudson Institute
- Abstract:
- This memo is adapted from Nury Turkel’s testimony before the US House of Representative’s Committee on Foreign Affairs’ hearing on May 6, 2021, “The Atrocities Against Uyghurs and Other Minorities in Xinjiang.” He testified on behalf of the Uyghur Human Rights Project.
- Topic:
- Human Rights, Politics, Religion, Repression, Uyghurs, and Freedom
- Political Geography:
- China and Asia
24. Impact of COVID-19 on Ombuds Institutions for the Armed Forces
- Author:
- Luka Glusac and Ajla Kuduzovic
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Geneva Centre for Security Sector Governance (DCAF)
- Abstract:
- New technologies simply cannot generate the insight and trust gained through personal interactions with a complainant or a witness, which allows for richer and more nuanced information gathering.
- Topic:
- Human Rights, Science and Technology, Public Health, Pandemic, and COVID-19
- Political Geography:
- Global Focus
25. Back to democracy: Europe, Hamas, and the Palestinian elections
- Author:
- Hugh Lovatt
- Publication Date:
- 03-2021
- Content Type:
- Policy Brief
- Institution:
- European Council on Foreign Relations (ECFR)
- Abstract:
- Palestinian elections are on track to take place during the coming months – for the first time in over a decade. The EU and the US have a decisive role to play in ensuring the electoral process succeeds. In doing so, they can support Palestinian political renewal and improve prospects for a sustainable peace agreement with Israel. Within Hamas, moderates have gambled on elections. The movement – along with Fatah – is looking for new avenues for political engagement given the increasingly inauspicious regional and international context. The EU and the US must: commit to respecting the outcome of the Palestinian elections; persuade Israel to support a free, fair, and inclusive process; and pursue a constructive relationship with any new government that pledges respect for democracy, human rights, and international law.
- Topic:
- Human Rights, International Law, Authoritarianism, Elections, Democracy, and Hamas
- Political Geography:
- Europe, Israel, and Palestine
26. Towards cutting-edge European humanitarian leadership
- Author:
- Jean-Louis De Brouwer and Edouard Rodier
- Publication Date:
- 03-2021
- Content Type:
- Policy Brief
- Institution:
- EGMONT - The Royal Institute for International Relations
- Abstract:
- Added to the already enormous challenges faced by the humanitarian system and its constituent parts (proliferation of conflict and non-state actors, climate stress, mass migration, ...), the global Covid-19 pandemic coupled with repeated assaults on the basic tenets of multilateralism have brought existing systems to a breaking point, if not irrelevance. Traditional principled humanitarian positioning has fallen short of engaging with or addressing nefarious global political trends with dramatic effects. The result has been inequitable access to life saving support to those who need it most, risk transfers, and overall reduced capacity for aid agencies to meet growing challenges. A paradigm shift is needed. The imminent Communication of the European Commission on humanitarian aid is an opportunity to clarify perimeters, reaffirm with force the authority of IHL and take the measure of how much the EU can leverage support to strengthen principled humanitarian action across the world. It should set the frame to address structural tensions that require more thinking and interactions and create at EU level a space for non- institutional and informal dialogue.
- Topic:
- Human Rights, International Cooperation, European Union, Leadership, Institutions, Pandemic, and COVID-19
- Political Geography:
- Europe
27. Decolonising Human Rights Protection in Africa: Impunity Rhetorically Repackaged?
- Author:
- Stef Vandeginste
- Publication Date:
- 06-2021
- Content Type:
- Policy Brief
- Institution:
- EGMONT - The Royal Institute for International Relations
- Abstract:
- Pointing out the need to decolonise human rights protection in Africa, authorities at the level of the African Union (AU) and its member states have initiated a number of institutional reforms. Purportedly aimed at enhancing accountability for human rights violations, in reality these continental mechanisms offer very little prospect to victims. In terms of the individual criminal responsibility of perpetrators, the 2014 Malabo Protocol is no more than an empty shell. In the area of state responsibility, the African Court on Human and Peoples’ Rights is facing an existential threat because of AU member states withdrawing their declarations to allow individual victims and NGOs to directly access the Court. Ultimately, the rhetorical hijacking and political misuse of the decolonisation paradigm is leaving African victims of human rights violations worse off.
- Topic:
- Human Rights, International Cooperation, Decolonization, Humanitarian Crisis, and African Union
- Political Geography:
- Africa
28. The architecture of repression: Unpacking Xinjiang’s governance
- Author:
- Vicky Xiuzhong Xu, James Leibold, and Daria Impiombato
- Publication Date:
- 10-2021
- Content Type:
- Policy Brief
- Institution:
- Australian Strategic Policy Institute (ASPI)
- Abstract:
- Since the mass internment of Uyghurs and other indigenous groups in China was first reported in 2017, there is now a rich body of literature documenting recent human rights abuses in the Xinjiang Uyghur Autonomous Region. However, there is little knowledge of the actual perpetrators inside China’s vast and opaque party-state system, and responsibility is often broadly attributed to the Chinese Communist Party, Xinjiang Party Secretary Chen Quanguo, or President Xi Jinping himself. For accountability, it is necessary to investigate how China’s campaign against the Uyghurs has been implemented and which offices and individuals have played a leading part. The current knowledge gap has exposed international companies and organisations to inadvertent engagement with Chinese officials who have facilitated the atrocities in Xinjiang. It has also prevented foreign governments from making targeted policy responses. Finally, it is essential to carry out such an investigation now. Amid debate internationally about whether the recent events in Xinjiang constitute genocide, Chinese officials are actively scrubbing relevant evidence and seeking to silence those who speak out.
- Topic:
- Human Rights, Governance, Repression, and Uyghurs
- Political Geography:
- China, Asia, and Xinjiang
29. #StopXinjiang Rumors: The CCP’s decentralised disinformation campaign
- Author:
- Fergus Ryan, Ariel Bogle, Albert Zhang, and Jacob Wallis
- Publication Date:
- 12-2021
- Content Type:
- Policy Brief
- Institution:
- Australian Strategic Policy Institute (ASPI)
- Abstract:
- This report analyses two Chinese state-linked networks seeking to influence discourse about Xinjiang across platforms including Twitter and YouTube. This activity targeted the Chinese-speaking diaspora as well as international audiences, sharing content in a variety of languages. Both networks attempted to shape international perceptions about Xinjiang, among other themes. Despite evidence to the contrary, the Chinese Communist Party (CCP) denies committing human rights abuses in the region and has mounted multifaceted and multiplatform information campaigns to deny accusations of forced labour, mass detention, surveillance, sterilisation, cultural erasure and alleged genocide in the region. Those efforts have included using Western social media platforms to both push back against and undermine media reports, research and Uyghurs’ testimony about Xinjiang, as well as to promote alternative narratives. In the datasets we examined, inauthentic and potentially automated accounts using a variety of image and video content shared content aimed at rebutting the evidence of human rights violations against the Uyghur population. Likewise, content was shared using fake Uyghur accounts and other shell accounts promoting video ‘testimonials’ from Uyghurs talking about their happy lives in China. Our analysis includes two datasets removed by Twitter: Dataset 1: ‘Xinjiang Online’ (CNHU) consisted of 2,046 accounts and 31,269 tweets. Dataset 2: ‘Changyu Culture’ (CNCC) consisted of 112 accounts and 35,924 tweets. The networks showed indications of being linked by theme and tactics; however, neither achieved significant organic engagement on Twitter overall—although there was notable interaction with the accounts of CCP diplomats. There were signs of old accounts being repurposed, whether purchased or stolen, and little attempt to craft authentic personas. Twitter has attributed both datasets to the Chinese government, the latter dataset is specifically linked to a company called Changyu Culture, which is connected to the Xinjiang provincial government. This attribution was uncovered by ASPI ICPC in the report Strange bedfellows on Xinjiang: the CCP, fringe media and US social media platforms.
- Topic:
- Human Rights, Diaspora, Social Media, Disinformation, Misinformation, and Twitter
- Political Geography:
- China, United States of America, and Xinjiang
30. The Rollback of Human Rights and the Rule of Law in Hong Kong
- Author:
- Michael C. Davis
- Publication Date:
- 02-2021
- Content Type:
- Policy Brief
- Institution:
- The Jamestown Foundation
- Abstract:
- After the Hong Kong protest movement exploded in 2019, the world looked on with both hope and trepidation. Protestors made five demands: that a proposed extradition law be withdrawn; that there be an independent investigation of police behavior; that the protests stop being characterized as riots; that any charges against arrested protesters be dropped and that promised universal suffrage be implemented (HKPF, December 25, 2019). After months of protest, Hong Kong Chief Executive Carrie Lam publicly withdrew the extradition bill, fulfilling the first of the protestors’ demands (SCMP, September 4, 2019). But this temporary victory was too little too late and overshadowed by the ongoing and often violent crackdown on the protesters, and then in 2020, with Beijing’s imposition of the new National Security Law (NSL) (China Brief, July 29, 2020).
- Topic:
- Human Rights, Law, Rule of Law, Protests, and Repression
- Political Geography:
- China, Asia, and Hong Kong
31. The Relationship Between Violations and Abuses of Human Rights and the Commission of Atrocity Crimes
- Author:
- Global Centre for the Responsibility to Protect
- Publication Date:
- 11-2021
- Content Type:
- Policy Brief
- Institution:
- The Global Centre for the Responsibility to Protect
- Abstract:
- The Responsibility to Protect is a political commitment made by heads of state and government at the 2005 UN World Summit aimed at preventing and halting four mass atrocity crimes, namely genocide, war crimes, crimes against humanity and ethnic cleansing. In doing so, states agreed that governments have the primary responsibility to protect populations within their borders from atrocity crimes, that the international community should help states in building the capacity to uphold this responsibility, and that when a state is unwilling or manifestly failing to do so, the international community must be prepared to take timely and decisive collective action in accordance with the UN Charter. Atrocity crimes do not occur in a vacuum, nor are they isolated or random incidents. Rather, they are typically the consequence of a broader process. In order to adequately prevent and respond to the threat of atrocity crimes, there is a need to understand the early warning signs, risk factors and aggravating conditions that may culminate in the perpetration of such grave crimes. Systematic or widespread human rights violations and abuses often serve as one of the key early warning signs of possible atrocity crimes. This briefing paper aims to examine the relationship between mass atrocity crimes and human rights violations and abuses, highlighting that such violations and abuses may precede and significantly elevate atrocity risks and may also constitute atrocity crimes themselves if certain thresholds or conditions are met.
- Topic:
- Human Rights, United Nations, Responsibility to Protect (R2P), and Atrocities
- Political Geography:
- Global Focus
32. Diving Deeper: Under the surface of Intermediary Funding
- Author:
- Global Philanthropy Project (GPP)
- Publication Date:
- 06-2021
- Content Type:
- Policy Brief
- Institution:
- Global Philanthropy Project (GPP)
- Abstract:
- Diving Deeper: Under the surface of Intermediary funding data compares data on different types of intermediaries in order to provide greater understanding to the field about how, where, and to whom intermediaries are distributing resources. The brief also examines how government, multilateral, and private foundation funders partner with intermediaries to support global LGBTI rights and development.
- Topic:
- Development, Human Rights, LGBT+, Data, Philanthropy, and Funding
- Political Geography:
- Global Focus
33. Rebuilding Constitutionalism and Rule of Law in Zimbabwe
- Author:
- Stephen Buchanan-Clarke and Sikhululekile Mashingaidze
- Publication Date:
- 08-2021
- Content Type:
- Policy Brief
- Institution:
- Good Governance Africa (GGA)
- Abstract:
- Recommendations to the Zimbabwean government Commit to a new, inclusive pathway for a mediated, citizen-centred national dialogue to align with and enact the principles set out in the Zimbabwe Constitution of 2013, to resolve the current constitutional crisis and legitimacy question. Comprehensive legal, political, and economic reform is critical. Commit to the drafting and passing of a comprehensive electoral law consistent with the 2013 Constitution that guarantees the independence of the Zimbabwe Electoral Commission (ZEC), allows for the appointment of an independent ZEC chair from outside of Zimbabwe, and prevents government from interfering with the work of the commission. Ensure a comprehensive delimitation exercise, extend the voter registration process, and ensure there is a transparent and comprehensive verification process to develop a credible voters’ roll. This would include allowing independent interested stakeholders from civil society, the media, and opposition parties access to inspect the voters’ roll prior to elections. Promote a free and fair election campaign environment for all players, and actively guard against voter intimidation by establishing a special body to investigate complaints of political violence and allow external independent observers early access to all voting stations prior to election day. Restore independence and citizen trust in the county’s public institutions through, for example, the institution of an independent and impartial judicial committee tasked with restoring judicial independence and making recommendations for complete judicial reform, to eradicate judicial corruption, ensure the independence of judges and improve the functioning of the courts. End partisanship in the police force, starting with undertaking investigations into allegations of human rights violations against the Zimbabwe Republic Police (ZRP) and other security sector agencies, and ensuring those responsible for such abuses are held accountable under the law.
- Topic:
- Government, Human Rights, Reform, Elections, Constitution, Rule of Law, Police, and Inclusion
- Political Geography:
- Africa and Zimbabwe
34. Tensions in Jerusalem: Initial Commentaries by Mitvim Institute Experts
- Author:
- Lior Lehrs, Nimrod Goren, Ido Zelkovitz, Nadav Tamir, and Merav Kahana-Dagan
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Mitvim: The Israeli Institute for Regional Foreign Policies
- Abstract:
- The latest events in Jerusalem – at Muslim holy sites, the Damascus Gate and the Sheikh Jarrah neighborhood – have brought tensions in the city to new heights and affect Israel’s relationship with the Palestinians and Arab states. This document compiles initial commentaries by Mitvim Institute experts. Dr. Lior Lehrs explains that restoring calm in Jerusalem requires dealing with structural problems and foresees a role for President Biden in such a process; Former MK Ksenia Svetlova argues that the violence stems from government neglect and could exacerbate tensions with Jordan; Dr. Nimrod Goren argues that the escalation in Jerusalem should convince the political left to demand diplomatic portfolios in the emerging government; Dr. Ido Zelkovitz believes that the Palestinian Authority and Hamas are supporting the Jerusalem protests and that Hamas hopes to emerge from them with the upper hand; Former diplomat Nadav Tamir points to violations of human rights and the status quo as the cause of the current round of violence.
- Topic:
- Diplomacy, Human Rights, Displacement, Violence, Hamas, and PLO
- Political Geography:
- Middle East, Israel, Palestine, Jerusalem, and Arab Countries
35. Raising a caution flag on US financial sanctions against China
- Author:
- Jeffrey J. Schott
- Publication Date:
- 01-2021
- Content Type:
- Policy Brief
- Institution:
- Peterson Institute for International Economics
- Abstract:
- China’s policies in Xinjiang, Hong Kong, and the South China Sea and its ongoing support for Iran, North Korea, and Venezuela pose major challenges for the United States, where bipartisan pressure is growing to ramp up punitive sanctions against leading Chinese firms and financial institutions. Financial sanctions freeze the US assets or bar US entry of the targeted individuals and firms and prohibit US financial firms from doing business with them. Schott explains why US officials should carefully weigh the risks to international financial markets and US economic interests before imposing punitive sanctions on major financial institutions engaged with China. The collateral costs of such sanctions would be sizable, damaging US producers, financial institutions, and US alliances. By restricting access of major banks to international payments in US dollars and barring use of messaging systems like SWIFT, tougher US financial sanctions would effectively “weaponize” the dollar; friends and foes alike would be pushed to seek alternatives to dollar transactions that, over time, would weaken the international role of the dollar. Instead of doubling down on current unilateral financial sanctions, US policy should deploy sanctions in collaboration with allies and calibrate trade and financial controls to match the expected policy achievements.
- Topic:
- Human Rights, Sanctions, Finance, and Economy
- Political Geography:
- China, Asia, North America, and United States of America
36. Breaking the Mold: Lessons from Sixteen Years of Innovative UN Political Engagement in Nepal
- Author:
- Rebecca Brubaker and Akhilesh Upadhyay
- Publication Date:
- 02-2021
- Content Type:
- Policy Brief
- Institution:
- International Peace Institute
- Abstract:
- UN political engagement in Nepal between 2002 and 2018 has long been considered a successful example of sustained and innovative support to a critical peace process. Many governments in the broader region, however, have largely eschewed international assistance in resolving conflicts, perceiving it as an unnecessary infringement on state sovereignty or a threat to regional balances of power. This paper looks at lessons the UN could learn from its political presence in Nepal. It summarizes the four periods of the UN’s involvement, highlights best practices, and reviews the challenges faced and how they shaped the range of actions available to the UN. It concludes with eight lessons for the UN: Foster relationships with key conflict parties before there is a need for an active UN political role; Use indirect means to keep the regional players positively engaged, when direct means fail; Draw on or generate high-quality, fast, actionable, and representative conflict information; Design UN missions according to context; Manage a mission’s (perceived or real) footprint in order to maximize leverage; Build a dedicated communications strategy to help set and manage expectations regarding what a mission can and cannot do; Consider using human rights monitoring as the groundwork for conflict resolution; and Be willing to make unpopular decisions, if they are the right decisions for sustaining the peace.
- Topic:
- Human Rights, United Nations, Conflict, and Peace
- Political Geography:
- South Asia and Nepal
37. A UN for All? UN Policy and Programming on Sexual Orientation, Gender Identity and Expression, and Sex Characteristics
- Author:
- Albert Trithart
- Publication Date:
- 02-2021
- Content Type:
- Policy Brief
- Institution:
- International Peace Institute
- Abstract:
- Sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) have been on the UN’s agenda for more than twenty-five years. Many of the earliest developments took place in the UN human rights mechanisms and Human Rights Council. Increasingly, however, UN agencies, funds, and programs are also integrating SOGIESC into their policy and programming. This paper explores what these UN entities have been doing to respect, protect, promote, and fulfill the rights of lesbian, gay, bisexual, transgender, and intersex (LGBTI) people. It looks at how the UN’s work on SOGIESC has intersected with its work on human rights, global public health, development, humanitarian affairs, peace and security, and gender. It also assesses what has been driving forward policy and programming on SOGIESC and the barriers that have held back further progress. The paper concludes with recommendations for the UN Secretariat, UN agencies, funds, and programs, supportive UN member states, and LGBTI activists across five areas: Building the human resources needed to institutionalize the UN’s work on SOGIESC; Making the UN a safe and accepting workplace for LGBTI people; Mainstreaming and coordinating work on SOGIESC; Strengthening partnerships between the UN and other actors; and Continuing to expand policy and programming on SOGIESC into new areas.
- Topic:
- Gender Issues, Human Rights, United Nations, Inequality, Sustainable Development Goals, LGBT+, Peace, and Transgender
- Political Geography:
- Global Focus
38. The UN’s Response to the Human Rights Crisis After the Coup in Myanmar: Destined to Fail?
- Author:
- Damian Lilly
- Publication Date:
- 06-2021
- Content Type:
- Policy Brief
- Institution:
- International Peace Institute
- Abstract:
- Since seizing power in a coup on February 1, 2021, Myanmar’s military has launched a violent crackdown against anti-coup protesters—a campaign of terror that may amount to crimes against humanity. With violence spreading, there are fears that the country is slipping toward full-scale civil war and state collapse. The international community has appeared almost powerless to respond to this human rights crisis, reflecting a broader weakening of its resolve to prevent and respond to atrocity crimes over the last decade. This policy paper analyzes the human rights crisis created by the coup in Myanmar and assesses the response of the UN, within the context of broader international efforts, when viewed against the many commitments that have been made to protect people from atrocity crimes. The first section outlines the different elements of the human rights crisis and the violations that have been occurring. The second section places the events in Myanmar in the context of international commitments, including by the UN, to address atrocity crimes. The third section reviews the human rights tools that are at the disposal of the UN to understand what works and what does not and to highlight innovative ways to address such a challenging situation. The paper concludes with proposals for what an agenda for protection in Myanmar might entail, building on the ambitious Call to Action for Human Rights launched by the UN secretary-general in 2020. The unfolding tragedy in Myanmar is one of the first major tests of the secretary-general’s initiative, and so far, the UN’s response—both as an intergovernmental body of member states and as a system of operational entities—has been woefully inadequate. While there is no simple recipe for halting the atrocity crimes, the UN could take a combination of measures at several levels: Grounding the response in a political strategy; Increasing capacity for human rights monitoring and quiet diplomacy; Providing clear leadership that encourages a less risk-averse approach; Devising a whole-of-system approach to the UN’s response; Scaling up protection services; and Supporting existing nationally or locally-led protection efforts.
- Topic:
- Human Rights, United Nations, Coup, Civilians, and Responsibility to Protect (R2P)
- Political Geography:
- Southeast Asia and Myanmar
39. Considering the Protection of Civilians during UN Peacekeeping Transitions
- Author:
- Damian Lilly
- Publication Date:
- 01-2021
- Content Type:
- Policy Brief
- Institution:
- International Peace Institute
- Abstract:
- In contrast to recent transitions, the next wave of UN peacekeeping transitions is set to occur in contexts where civilians continue to face threats of physical violence. These transitions are likely to have major implications for the protection of civilians (POC), which should be a key consideration for the UN when planning these missions’ exit strategies. As the mandate of a UN peacekeeping operation draws to an end and the UN reconfigures its presence, the strategic goals of POC will evolve. To ensure sound exit strategies, missions should revise their protection priorities and approaches as countries move from crisis management toward peacebuilding. This requires shifting from a military-dominated to a civilian-led approach to POC in coordination with humanitarian, development, and other peace actors. It also requires defining the target end state for POC—a difficult task due to political sensitivities and the technical challenges of assessing ongoing threats to civilians. In addition, exit strategies need to focus on enhancing national ownership and leadership of POC, as states ultimately have the primary responsibility for protecting their civilian population. Beyond these strategic considerations, the UN also needs to reconfigure its operational approach to POC both during peacekeeping transitions and after a mission’s closure. Under tier 1 of the UN Department of Peace Operations’ (DPO) POC concept (protection through dialogue), the UN needs to prioritize political engagement with host states and ensure that the mission’s followon presence continues to address POC in its political strategy and has adequate capacity in areas such as human rights monitoring. Under tier 2 (provision of physical protection), transferring tasks to host-state authorities without falling off a “physical protection cliff” requires delicate negotiations and significant capacity building. Finally, tier 3 (establishment of a protective environment) increases in importance as the strategic goals of a mission shift toward enhancing national ownership of POC and addressing the root causes of threats to civilians. Twenty years on from the Security Council first mandating a UN peacekeeping operation to protect civilians, the UN’s approach to POC is entering a new phase in which missions are being called upon not only to respond to threats to civilians but also to plan for their exit and a shift toward peacebuilding. To avoid the premature departure of UN peacekeeping operations when civilians continue to face threats, the UN should develop a system-wide strategy to ensure smooth and sustainable peacekeeping transitions.
- Topic:
- Human Rights, United Nations, Peacekeeping, and Civilians
- Political Geography:
- Global Focus
40. The Status of Amnesty Provisions in Situations of Transition under the African Charter
- Author:
- Solomon Dersso
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- This policy paper presents a review of the analysis of the African Commission on Human and Peoples' Rights on the legal validity of amnesty provisions under the African Charter. It examines how the obiter dictum of the Commission in Thomas Kwoyelo v. Uganda advances its jurisprudence on amnesty and the parameters the Commission has set for evaluating amnesty provisions.
- Topic:
- Human Rights, Legal Theory, Violence, Peace, and Reconciliation
- Political Geography:
- Africa
41. Transitional Justice in Africa: What's Human Rights Got to Do with It?
- Author:
- Elsabe Boshoff
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- The African Commission on Human and Peoples' Rights has the potential to play a significant role in the development of holistic transitional justice approaches by providing a framework for states based on the African Charter on Human and Peoples' Rights and related regional human rights instruments. This policy brief presents ways in which the African Commission's 2019 Study on Transitional Justice and Human and Peoples' Rights in Africa develops a comprehensive human rights-based framework for transitional justice processes on the continent, as well as ways in which transitional justice can be mainstreamed in the African Commission's own work.
- Topic:
- Human Rights, International Cooperation, Transitional Justice, and Humanitarian Crisis
- Political Geography:
- Africa
42. Torture Victims Have a Right to Rehabilitation: A Guide for Service Providers to Assist Victims of Torture in Securing their Right to Rehabilitation
- Author:
- Centre for the Study of Violence and Reconciliation
- Publication Date:
- 07-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- The PARI Network has developed a Rehabilitation Manual that speaks to victims' rights against torture. It is a guide for service providers to assist victims of torture in securing their right to rehabilitation. The overall objective of the Manual is to enhance African service providers' understanding of torture and how they can assist torture survivors in securing their right to rehabilitation. This is because rehabilitation is more than just care for those who have been tortured. It is a human right which belongs to every victim, regardless of who or where they are.
- Topic:
- Human Rights, Torture, Rehabilitation, and Victims
- Political Geography:
- Africa
43. The rule of law in Poland or the false argument about the primacy of European law
- Author:
- Eric Maurice, Emilie Malivert, and Ana Pasturel
- Publication Date:
- 11-2021
- Content Type:
- Policy Brief
- Institution:
- Robert Schuman Foundation (RSF)
- Abstract:
- On 24 November, the Polish Constitutional Tribunal ruled that the European Convention on Human Rights was partially incompatible with the country's constitution. In July and October, it had issued similar rulings on the Treaty on European Union (TEU). This double decision comes as the European Commission suspended the approval of Poland's €36 billion recovery plan, including €23.9 billion in EU grants, due to concerns about the rule of law. On 19 November, the Commission also sent a letter to the Polish government as a prelude to the launch of a procedure that could lead to the suspension of EU funds under the budgetary conditionality regulation. The confrontation between the Polish government and the European institutions, primarily the Commission and the European Court of Justice, has been presented by the Polish government as a struggle of principle between the primacy of European law, which was allegedly being imposed excessively on Member States, with "the national legal order and the supreme force of the Constitution” being under threat. The Polish Prime Minister, Mateusz Morawiecki, explained that the implementation of EU law, as requested by the CJEU, would lead to "a fundamental lowering of the constitutional standards of judicial protection of Polish citizens, and unimaginable legal chaos". Beyond the grandstanding and responses in support of an effort to defend the sovereignty of peoples, it appears that the weakening of these constitutional norms in recent years in Poland is precisely what has led the Constitutional Tribunal to partly denounce the TEU (European Union) and the European Convention on Human Rights (Council of Europe), and that the quarrel over the primacy of European law is essentially a smokescreen to hide this situation.
- Topic:
- Human Rights, Sovereignty, Constitution, Rule of Law, Institutions, and Norms
- Political Geography:
- Europe and Poland
44. The Union’s external borders: a European debate revisited
- Author:
- Stefanie Buzmaniuk
- Publication Date:
- 02-2021
- Content Type:
- Policy Brief
- Institution:
- Robert Schuman Foundation (RSF)
- Abstract:
- The management of the European Union's external borders is the subject of passionate debate in the European Parliament hemicycle and in many different media in Europe. It also features in a decision made by the European Court of Justice (CJEU) on December 17th 2020 stating that Hungary had been violating European law by turning back migrants as of 2015. Following the latest terrorist attacks on European soil, particularly in France and Austria in the autumn of 2020, the question of European cooperation in the protection of external borders has once again came to the fore. The work of Frontex, the European Border and Coast Guard Agency, has moreover been the focus of a debate regarding its practices and also its role in "pushbacks", the illegal refoulement of migrants. These debates are taking place just as Frontex is in full “metamorphosis”, as suggested by its Executive Director Fabrice Leggeri, since the Agency’s budget has increased significantly and its remit progressively strengthened. In a profoundly symbolic gesture, on 11th January 2021, Frontex unveiled its first official uniform: The Agency’s personnel will now be armed, a first in the Union’s history. It therefore seems appropriate to analyse in depth the complexities involved in managing the Union's external borders and to take a detailed look at Frontex's work. What meaning do these borders, which are primarily national in nature, have for the Union as a whole? What is the importance of an Agency like Frontex? Which challenges does it face in its mission? How can trust be restored between the Agency, the European institutions, the Member States, European citizens and migrants who wish to cross the Union's borders? And, more importantly, how do we reconcile the protection of human rights with the protection of borders?
- Topic:
- Human Rights, Migration, European Union, and Borders
- Political Geography:
- Europe
45. Protecting Freedom of Thought in the Digital Age
- Author:
- Susie Alegre
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Centre for International Governance Innovation
- Abstract:
- As digital technology plays an ever-increasing role in our lives, the need for regulations to protect our rights to freedom of thought and opinion is becoming more apparent, especially with regard to social media platforms’ relentless mission to get inside people’s heads using their personal data. International human rights law protects our right to freedom of thought, which includes the right to keep our thoughts and opinions private, the right not to have our thoughts and opinions manipulated, and the right not to be penalized for our thoughts and opinions. This policy brief will explore strategies to protect these rights in digital spaces.
- Topic:
- Human Rights, Science and Technology, Privacy, and Digitalization
- Political Geography:
- Global Focus
46. Risk of Mass Atrocities in Mozambique
- Author:
- Simon-Skjodt Center for the Prevention of Genocide
- Publication Date:
- 05-2021
- Content Type:
- Policy Brief
- Institution:
- Simon-Skjodt Center for the Prevention of Genocide, United States Holocaust Memorial Museum
- Abstract:
- Mozambique ranks 24th in the Early Warning Project risk assessment for mass killing for 2020-21. The strongest risk factor is the armed conflict between the government and insurgents, which has killed over 1,300 civilians and displaced nearly 700,000 of the 2.32 million people in Cabo Delgado. To prevent mass atrocities, the government of Mozambique must invest in peacebuilding, provision of basic services, and professionalization of its armed services. All perpetrators of gross human rights violations must be held accountable. The U.S. and other governments should conduct a full mass atrocity risk assessment immediately, and analyze how their military assistance and private sector investments are impacting the conflict.
- Topic:
- Human Rights, Atrocities, Risk Factors, and Peacebuilding
- Political Geography:
- Africa, Mozambique, and United States of America
47. Traditional Transitional Justice Mechanisms: Lessons from Africa
- Author:
- Nomathamsanqa Masiko-Mpaka
- Publication Date:
- 01-2020
- Content Type:
- Policy Brief
- Institution:
- Centre for the Study of Violence and Reconciliation (CSVR)
- Abstract:
- Transitional justice is widely accepted as a process for countries to employ when transitioning from authoritarian rule or armed conflict to democracy and in their quest to address legacies of systemic violence and human rights violations. As defined by the African Union, transitional justice refers to “the various (formal and traditional or non-formal) policy measures and institutional mechanisms that societies, through an inclusive consultative process, adopt in order to overcome past violations, divisions and inequalities and to create conditions for both security and democratic and socio-economic transformation.” While societies coming out of conflict or authoritarian rule have different histories, priorities and needs, commonly used mechanisms of transitional justice include criminal prosecutions, truth telling, reparations, institutional reforms, memorialisation, traditional justice, and vetting and lustration. The implementation of transitional justice is believed to be more effective, impactful and holistic when a combination of mechanisms is employed either simultaneously or sequentially.
- Topic:
- Human Rights, Democracy, Transitional Justice, Violence, and Justice
- Political Geography:
- Uganda, Africa, Mozambique, Sierra Leone, and Rwanda
48. Refugees at the gate of Europe
- Author:
- Angeliki Dimitriadi
- Publication Date:
- 04-2020
- Content Type:
- Policy Brief
- Institution:
- Hellenic Foundation for European and Foreign Policy (ELIAMEP)
- Abstract:
- The recent crisis in Evros brought back to the fore the issue of immigration and Turkey’s role in its instrumentalization. The EU-Turkey Statement has not had the expected outcomes. Rather it showed that prevention policies and the outsourcing of migration management strengthens transit countries such as Turkey, without resulting in a a steady reduction in flows. Greece remains a country that bears a disproportionate burden of responsibility due to its geographical location. At the same time, it has delayed in the planning of a holistic immigration policy, which should aim, among other things, to ensure human living conditions, substantial access to asylum and result in the integration of those who will remain in the country. COVID 19 will bring about significant socioeconomic changes globally as well as impact human rights. Practices of the past do not necessarily fit for the new reality and this is the biggest challenge for Greece and the EU; a willingness to move forward by investing on migration within Europe and beyond. It will not be easy, and it will come at a high financial (and likely political) cost. The pandemic makes any long-term commitments seem impossible, however the alternative scenario, of deterrence and outsourcing is already proving insufficient. Balancing the scales is a challenge which the EU cannot afford to lose.
- Topic:
- Human Rights, Migration, European Union, Refugees, and COVID-19
- Political Geography:
- Europe, Turkey, Greece, and Mediterranean
49. Key Issues in the Myanmar November 2020 Elections
- Author:
- Erik Martinez Kuhonta, Franque Grimard, and Kai Scott
- Publication Date:
- 11-2020
- Content Type:
- Policy Brief
- Institution:
- Institute for the Study of International Development, McGill University
- Abstract:
- On 8 November 2020, Myanmar will hold its second election since the country’s gradual liberalization began. Despite presenting itself as a force for liberal democracy five years ago, the National League for Democracy (NLD) has demonstrated its unwillingness to commit itself to the protection of civil freedoms and the expansion of federal governance. It has fallen short of campaign promises by failing to enact meaningful constitutional change, improve economic performance, and address the protracted peace process. Notably, the government has created a climate that represses dissidents and undermines ethnic pluralism. Yet, the NLD’s support base remains strong, in part as a result of Aung San Suu Kyi’s continued ability to appeal to a Bamar-majority voter base by opposing the military cronyism of past and rooting herself in ethno-nationalist values, as witnessed in her decision to respond to charges of genocide at the International Court of Justice at the Hague. As a result, the NLD’s continued dominance over the Union Solidarity Development Party (USDP) is expected to continue. In the ethnic states, the situation is different—here, the ethnic political parties are expected to make gains on the NLD, as their recent merging place them well to take advantage of anti-NLD sentiment that has grown within ethnic minorities over the years because of the NLD’s perceived Bamar-centric governance. In addition, a lack of trust in the Union Elections Commission and complications due to covid-19 are significant sources of risk in the running of the 2020 election.
- Topic:
- Development, Government, Human Rights, Elections, and Domestic Politics
- Political Geography:
- Asia, Southeast Asia, and Myanmar
50. A Blacklist is (Almost) Born: Building a resilient EU human rights sanctions regime
- Author:
- Clara Portela
- Publication Date:
- 03-2020
- Content Type:
- Policy Brief
- Institution:
- European Union Institute for Security Studies
- Abstract:
- In December 2018, the Council of the European Union initiated discussions about the creation of a new sanctions regime designed to address gross human rights violations, following a proposal from the Netherlands. So far, the EU only operates three thematic sanctions regimes: those targeting terrorism, cyberattacks and chemical weapons attacks. Unlike classical sanctions packages addressing crises in specific countries, such as Guinea or Venezuela, horizontal sanctions regimes apply to individuals and entities considered to have committed severe human rights abuses. Once approved, the planned blacklist is set to become the EU’s fourth horizontal sanctions regime, enlarging its vast body of autonomous sanctions regimes, i.e. restrictions adopted in the absence of a United Nations Security Council (UNSC) mandate. Over a year after the initial Dutch proposal was tabled, the sanctions regime is still under discussion, which contrasts with the rapid adoption of previous thematic regimes. On first inspection, the slow pace of preparations is puzzling: the vast majority of EU sanctions regimes were traditionally imposed in response to human rights breaches.3 Most EU autonomous sanctions regimes currently in force cite human rights violations as the rationale for their adoption. Indeed, the emphasis on human rights as a key motivation for the imposition of sanctions sets EU autonomous sanctions apart from the practice of other international sanctions senders like the United Nations (UN).4 Given that the promotion of human rights is a centrepiece of EU foreign policy, consensus among member states in support of such a regime should be forthcoming. If human rights breaches constitute the dominant motivation for the imposition of EU autonomous sanctions, what is holding up the approval of the prospective regime? Designing a horizontal sanctions regime in the EU is a much harder task than meets the eye. The present Brief aims to unravel the challenges that make it difficult for this regime to take shape, and suggests ways in which the obstacles identified may be surmounted or, at the very least, mitigated.
- Topic:
- Human Rights, Sanctions, European Union, and Transnational Actors
- Political Geography:
- Europe and Global Focus
51. A new transatlantic bargain: An action plan for transformation, not restoration
- Author:
- Julien Barnes-Dacey, Susi Dennison, Anthony Dworkin, Ellie Geranmayeh, Mark Leonard, Theodore Murphy, Janka Oertel, Nicu Popescu, and Tara Varma
- Publication Date:
- 11-2020
- Content Type:
- Policy Brief
- Institution:
- European Council on Foreign Relations (ECFR)
- Abstract:
- The election of Joe Biden marks a new era in the transatlantic relationship – in upholding the liberal international order, America wants a Europe that is a sovereign partner, not a helpless dependent. Washington will look to the EU to support the US lead in the Indo-Pacific vis-à-vis China, while also wanting Europe to take more responsibility for security and stability in eastern Europe, the Middle East, and Africa. In exchange, the EU and member states should propose a new transatlantic bargain that encompasses cross-cutting global issues such as health policy, trade, security, climate change, and the defence of democracy. The Trump years galvanised Europeans’ efforts to strengthen their own sovereignty; they now need to agree concrete offers they can make to the new administration. This will require nothing less than a fundamental change in mindset for Europeans, who will have to suppress any hankerings for the old order and decide how they will help build it anew.
- Topic:
- Security, Climate Change, Human Rights, International Cooperation, European Union, Trade, and Transatlantic Relations
- Political Geography:
- Europe and United States of America
52. Centering Iraq Policy on Human Rights and Fair Elections Michael Knights
- Author:
- Michael Knights
- Publication Date:
- 02-2020
- Content Type:
- Policy Brief
- Institution:
- The Washington Institute for Near East Policy
- Abstract:
- The surest way to counter Iran’s malign influence is to proactively focus on human rights issues that the new prime minister can actually affect, such as organizing free elections and preventing further violence against protestors. On February 1, a plurality of Iraqi parliamentary factions gave President Barham Salih the go-ahead to nominate Mohammed Tawfiq Allawi as the new prime minister-designate. The mild-mannered Shia Islamist nominee will now attempt to form and ratify his cabinet in the next thirty days. As he does so, political blocs will probably rally behind him while limiting his mandate to organizing early elections next year, having struggled through a long and fractious process to replace resigned prime minister Adil Abdulmahdi. For the first time since the dramatic events of the past two months, Iraqis and U.S. policymakers alike can catch their breath and consider their medium-term options.
- Topic:
- Foreign Policy, Human Rights, Elections, Domestic Politics, and Protests
- Political Geography:
- Iraq, Iran, and Middle East
53. The Syrian Safe Zone and International Law
- Author:
- Bríd Ní Ghráinne
- Publication Date:
- 01-2020
- Content Type:
- Policy Brief
- Institution:
- Institute of International Relations Prague
- Abstract:
- On Wednesday 9 October 2019, Turkey launched a cross-border operation in Northern Syria. Turkey justified its actions as a response to an ‘imminent terrorist threat’ from Kurdish-led forces. Its operation was directed at pushing back these groups from its border and creating a ‘safe zone’ in Syria where up to two million Syrian refugees can be resettled. This reflection aims to assess whether the Turkish operation to establish the safe zone was lawful; and whether the resettlement of Syrian refugees in the safe zone is in conformity with international law.
- Topic:
- Human Rights, International Law, Refugees, Syrian War, and Humanitarian Crisis
- Political Geography:
- Turkey, Middle East, and Syria
54. Integrating Human Rights into the Operational Readiness of UN Peacekeepers
- Author:
- Namie Di Razza and Jake Sherman
- Publication Date:
- 04-2020
- Content Type:
- Policy Brief
- Institution:
- International Peace Institute
- Abstract:
- The effectiveness of UN peace operations depends on the “operational readiness” of their personnel, which refers to the knowledge, expertise, training, equipment, and mindset needed to carry out mandated tasks. While the need to improve the operational readiness of peacekeepers has been increasingly recognized over the past few years, the concept of “human rights readiness”—the extent to which consideration of human rights is integrated into the generation, operational configuration, and evaluation of uniformed personnel—has received less attention. This policy paper analyzes opportunities and gaps in human rights readiness and explores ways to improve the human rights readiness of peacekeepers. A comprehensive human rights readiness framework would include mechanisms to integrate human rights considerations into the operational configuration and modus operandi of uniformed personnel before, during, and after their deployment. This paper starts the process of developing this framework by focusing on the steps required to prepare and deploy uniformed personnel. The paper concludes with concrete recommendations for how troop- and police-contributing countries can prioritize human rights in the force generation process and strengthen human rights training for uniformed peacekeepers. These actions would prepare units to uphold human rights standards and better integrate human rights considerations into their work while ensuring that they deliver on this commitment. Ultimately, improved human rights readiness is a key determinant of the performance of UN peacekeepers, as well as of the UN’s credibility and reputation.
- Topic:
- Security, Human Rights, United Nations, and Peacekeeping
- Political Geography:
- Global Focus
55. Reset Overdue: Remaking U.S.—Saudi Relations
- Author:
- Annelle Sheline and Steven Simon
- Publication Date:
- 10-2020
- Content Type:
- Policy Brief
- Institution:
- Quincy Institute for Responsible Statecraft
- Abstract:
- • The U.S.–Saudi relationship is long overdue for a reset: The U.S. should push Saudi Arabia to engage productively with the region rather than tolerating policies that undermine stability. • Specifically, the U.S. should pressure Saudi Arabia to end the war on Yemen, end the blockade of Qatar, participate in the development of an inclusive regional security architecture, and respect the sovereignty of other countries and the human rights of Saudi citizens. • To encourage Saudi Arabia to adopt these policies, the U.S. should be prepared to support and invest in Saudi economic diversification and support the development of Saudi nuclear energy. If Saudi Arabia does not respond to these incentives, the U.S. should end all weapons sales to Saudi Arabia and seek other regional partners.
- Topic:
- Diplomacy, Human Rights, International Cooperation, Sovereignty, Political stability, Diversification, and Economic Development
- Political Geography:
- United States and Saudi Arabia
56. Justice for All and the Public Health Emergency
- Author:
- David Steven and Maaike de Langen
- Publication Date:
- 04-2020
- Content Type:
- Policy Brief
- Institution:
- Center on International Cooperation
- Abstract:
- The COVID-19 pandemic is an unprecedented global emergency. It is not only a health crisis but also a human rights crisis. Justice actors face daunting responsibilities as they design, implement, and enforce new measures to prevent the spread of infection. Measures that heighten the risk of human rights abuses can undermine trust, at a time when the justice system most needs to maintain the public’s confidence. For better or for worse, justice systems and justice workers are on the frontline of this pandemic. This Pathfinders briefing, drafted by lead authors David Steven, Maaike de Langen, Sam Muller, and Mark Weston with the input of more than 50 justice experts from around the globe, discusses the most pressing priorities that the public health emergency poses for justice leaders and proposes seven areas for urgent action as the tide of infections continues to rise. It is the first in the Justice in a Pandemic series.
- Topic:
- Human Rights, Governance, Rule of Law, Crisis Management, Peace, and COVID-19
- Political Geography:
- Global Focus
57. The new China consensus: How Europe is growing wary of Beijing
- Author:
- Janka Oertel
- Publication Date:
- 09-2020
- Content Type:
- Policy Brief
- Institution:
- European Council on Foreign Relations (ECFR)
- Abstract:
- Since the onset of the covid-19 crisis, there has been a new convergence of EU member states’ assessment of the challenges China poses to Europe. The Sino-European economic relationship lacks reciprocity, and there are mounting concerns within the EU about China’s assertive approach abroad, as well as its breaches of international legal commitments and massive violations of human rights in Hong Kong and Xinjiang. Overall, there is growing scepticism about the future trajectory of the relationship, which provides an opportunity for a more robust and coherent EU policy on China. In its remaining months, the German Council presidency could use this momentum to create institutional structures to improve the EU’s capacity to act. In doing so, it will be crucial to ease concerns about Franco-German dominance of the China agenda – especially those of eastern and southern European countries – while enabling all member states to become more engaged in shaping the EU’s future approach to China.
- Topic:
- International Relations, Human Rights, European Union, Economy, and COVID-19
- Political Geography:
- China, Europe, and Asia
58. Building a Sustainable Electric Vehicle Battery Supply Chain: Frequently Asked Questions
- Author:
- Patrick Heller, Ethan Elkind, and Ted Lamm
- Publication Date:
- 04-2020
- Content Type:
- Policy Brief
- Institution:
- Natural Resource Governance Institute
- Abstract:
- The global transition from fossil fuel-powered vehicles to electric vehicles (EVs) will require the production of hundreds of millions of batteries. The need for such a massive deployment raises questions from the general public and critics alike about the sustainability of the battery supply chain, from mining impacts to vehicle carbon emissions. Growing demand for the mineral inputs for battery production can provide an opportunity for mineral-rich countries to generate fiscal revenues and other economic opportunities. But where extraction takes place in countries with weak governance, the benefits expected by citizens and leaders may not materialize; in some cases extraction might even exacerbate corruption, human rights abuses and environmental risks. Many EV proponents and suppliers are aware that supply chain governance problems pose a challenge to the evolution of the EV industry, but outstanding questions remain about how these challenges materialize. This brief, jointly published by UC Berkeley School of Law’s Center for Law, Energy & the Environment (CLEE) and the Natural Resource Governance Institute (NRGI) provides basic information on the EV battery supply chain and key battery minerals, such as cobalt and lithium, and addresses the following questions: What does the supply chain for EV batteries comprise? How do carbon emissions from EVs compare to traditional internal combustion engine (ICE) vehicles? What are the most significant challenges in managing the mineral extraction necessary for the EV supply chain, and what sustainability and human rights initiatives apply?
- Topic:
- Civil Society, Corruption, Government, Human Rights, Natural Resources, Governance, Regulation, Legislation, and Supply Chains
- Political Geography:
- Global Focus
59. Willing to kill: Factors contributing to mob justice in Uganda
- Author:
- Ronald Makanga Kakumba
- Publication Date:
- 11-2020
- Content Type:
- Policy Brief
- Institution:
- Afrobarometer
- Abstract:
- Mob justice is a form of extrajudicial punishment or retribution in which a person suspected of wrongdoing is typically humiliated, beaten, and in many cases killed by vigilantes or a crowd. Mob action takes place in the absence of any form of fair trial in which the accused are given a chance to defend themselves; the mob simply takes the law into its own hands (Ng’walali & Kitinya, 2006). Mob justice is not only criminal but also amounts to a violation of human rights (Uganda Human Rights Commission, 2016). Over the past decade, Uganda has seen a significant rise in the number of cases of mob justice. According to the Uganda Police Force’s (2013-2019) annual crime reports, 746 deaths by mob action were reported and investigated in 2019, compared to 426 in 2013, a 75% increase. “Mob kills 42 in 7 weeks,” the Daily Monitor (2019) reported in March 2019, citing police figures – an average of six lynchings a week. Homicides by mob action in Uganda occur mainly in response to thefts, robberies, killings, and reports of witchcraft (Uganda Police Force, 2018). According to the 2015 Afrobarometer survey in Uganda, one in six Ugandan adults said they took part in mob justice during the preceding year or would do so if they “had the chance.” This suggests that mob justice is not just a fringe problem in Uganda but commands attention and requires collective action. Why would a substantial number of Ugandans resort to taking the law into their own hands as an alternative form of “justice”? Analysts have pointed to a number of factors that might contribute to a willingness to engage in mob justice. One is a lack of trust in the formal criminal justice system to administer fair and timely justice. A 2005 study in Uganda showed that mob actions were often motivated by widespread suspicion or misunderstanding of the justice system, especially concerning the procedure of police bail, under which suspected culprits can be temporarily released before the court process (Baker, 2005). A study in southern Nigeria also reported that a lack of trust in the police was one of the motivations for the alarming incidence of “jungle justice” (Obarisiagbon, 2018). Research has also shown that personal victimization by crime can have a lasting impact on attitudes toward the police, the courts, and the criminal justice system overall (Berthelot, McNeal, & Baldwin, 2018; Dull & Wint, 1997; Koenig, 1980; Sprott & Doob, 1997), as can negative personal experiences with the courts (Olson & Huth, 1998; Kanaabi, 2004). Amid Uganda’s surge in mob justice, Afrobarometer findings tell us that popular trust in the police and courts has been declining while citizens’ perceptions of corruption in these criminal justice institutions has been rising. Statistical analyses show that a lack of trust in the police is associated with a willingness to engage in mob justice, while perceived corruption undermines trust and thus indirectly contributes to a willingness to join others in mob actions. Further, our analysis finds that being a victim of crime (physical assault), encountering problems in the court system, finding it hard to obtain police assistance, and having to pay a bribe to police or court officials are factors that make people more likely to say they would take part in mob action against suspected criminals. Based on these findings, we offer recommendations to mitigate Uganda’s growing problem of mob justice.
- Topic:
- Human Rights, Courts, Police, Justice, and Bribery
- Political Geography:
- Uganda and Africa
60. Recognizing Natural Disasters as a Concern for Transitional Justice
- Author:
- Megan Bradley
- Publication Date:
- 12-2019
- Content Type:
- Policy Brief
- Institution:
- Institute for the Study of International Development, McGill University
- Abstract:
- Grave and systematic human rights violations in disaster situations should be recognized as a concern for the field of transitional justice. Transitional justice mechanisms such as truth commissions, memorials, restitution and compensation programs and trials may, in some cases, make significant contributions to redressing abuses in disaster situations. Victims' perspectives and priorities should guide discussions on the relevance and application of particular transitional justice mechanisms.
- Topic:
- Human Rights, Natural Disasters, and Transitional Justice
- Political Geography:
- Global Focus
61. 5 Years Of The Law On Foreigners And International Protection: Problems Of Implementation And Suggested Solutions
- Author:
- Hakkı Onur Arıner
- Publication Date:
- 09-2019
- Content Type:
- Policy Brief
- Institution:
- Turkish Economic and Social Studies Foundation (TESEV)
- Abstract:
- Turkey’s Law on Foreigners and International Protection (LFIP) was adopted on 4 April 2013 by the Turkish Grand National Assembly. In the five years that has passed since the coming into force of the LFIP in its entirety, it appears that the LFIP has been made to adapt to the conditions of Turkey, rather than the other way around, due to the sheer unexpected size of the phenomenon of immigration into Turkey, and the challenges encountered in establishing the institutional capacity and the inter- institutional cooperation necessary to deal with the inflows as required by the Law.
- Topic:
- Government, Human Rights, Migration, Refugee Issues, and Law
- Political Geography:
- Turkey and Middle East
62. Vulnerable Asylum Seekers and Irregular Migrants in Albania: Trends, Challenges, and Policy Solutions
- Publication Date:
- 06-2019
- Content Type:
- Policy Brief
- Institution:
- Institute for Democracy and Mediation (IDM)
- Abstract:
- During the last few years (2015-2018), Albania has witnessed an increased influx of irregular migrants entering the country, mostly via the southern border with Greece. The influx of irregular migrants intercepted in Albania during 2018 was around 5,730 foreign nationals, almost five times higher than in 2017. The share of women and children went up as well in 2018. Many migrants resort to smugglers and criminal networks to avoid detention while crossing borders illegally, often due to a scarcity of other viable and safe avenues for migration. Though Albania is considered a transit path in the “Western Balkan route”, the massive irregular flows of migrants raise the risk of vulnerable groups falling prey to human trafficking and sexual exploitation. The policy brief explores the current immigration trends in Albania and outlines some of the main challenges that the country faces, with a particular focus on vulnerable groups of asylum seekers and irregular migrants, such as unaccompanied and separated children, women, and minors who might potentially be victims of trafficking, exploitation, and abuse.
- Topic:
- Crime, Human Rights, Migration, Immigration, Immigrants, and Asylum
- Political Geography:
- Europe, Greece, Balkans, and Albania
63. Human Rights Council Investigative Mechanisms and Mass Atrocity Prevention
- Author:
- Global Centre for the Responsibility to Protect
- Publication Date:
- 11-2019
- Content Type:
- Policy Brief
- Institution:
- The Global Centre for the Responsibility to Protect
- Abstract:
- Since the principle of the Responsibility to Protect (R2P) was unanimously adopted at the 2005 UN World Summit, the international community has looked to the UN Security Council in New York to respond when a government has been unwilling or unable to protect its population from war crimes, crimes against humanity, genocide or ethnic cleansing. Paragraphs 138-139 of the World Summit Outcome Document recognize the Security Council’s unique role with regard to upholding the international community’s responsibility to protect as the body primarily responsible for the maintenance of international peace and security. However, the Human Rights Council (HRC) and other Geneva-based mechanisms are also essential for preventing atrocity crimes. Since systematic or widespread human rights violations serve as early warning signs of possible atrocities, Geneva-based mechanisms are often the first to raise the alarm regarding situations where violations and abuses threaten to deepen or deteriorate. Such mechanisms play an important role in enabling the international community to assist states in preventing mass atrocities (R2P’s Pillar II) and respond in a timely and decisive manner to atrocity risks (Pillar III).
- Topic:
- Human Rights, International Law, Responsibility to Protect (R2P), UN Security Council, and Atrocities
- Political Geography:
- United Nations and Global Focus
64. Q&A: The International Court of Justice & the Genocide of the Rohingya
- Author:
- Global Centre for the Responsibility to Protect
- Publication Date:
- 11-2019
- Content Type:
- Policy Brief
- Institution:
- The Global Centre for the Responsibility to Protect
- Abstract:
- FACTSHEET | NOVEMBER 2019: Starting in October 2016 and then again in August 2017, Myanmar’s security forces engaged in so-called “clearance operations” against the Rohingya, a distinct Muslim ethnic minority, in Rakhine State, Myanmar. The operations, in particular those that started in August 2017, were characterized by brutal violence and serious human rights violations on a mass scale. Survivors report indiscriminate killings, rape and sexual violence, arbitrary detention, torture, beatings, and forced displacement. Reports have also shown that security forces were systematically planning for such an operation against the Rohingya even before the purported reason for the violence — retaliation for small scale attacks committed by the Arakan Rohingya Salvation Army (ARSA) — occurred. As a result, an estimated 745,000 people — mostly ethnic Rohingya — were forced to flee to Bangladesh. According to the UN Human Rights Council-mandated Independent International Fact-Finding Mission on Myanmar (FFM), the treatment of the Rohingya population during the “clearance operations” amounts to genocide, crimes against humanity, and war crimes, the commission of which evokes specific obligations and responsibility under international law. In its final report, published in September 2019, the FFM concluded that “the State of Myanmar breached its obligation not to commit genocide” and found that Myanmar “continues to harbor genocidal intent” towards the Rohingya. On November 11, 2019, The Republic of The Gambia filed suit against Myanmar in the International Court of Justice (“ICJ”) for violating the Genocide Convention. This momentous lawsuit brings a critical focus to Myanmar’s responsibility as a state for genocide and compliments ongoing investigations into individual accountability. This fact sheet answers fundamental questions about the ICJ case, and seeks to clarify available avenues for justice for the crimes committed against the Rohingya population.
- Topic:
- Genocide, Human Rights, International Law, United Nations, State Violence, Atrocities, and International Court of Justice (ICJ)
- Political Geography:
- Asia, Southeast Asia, and Myanmar
65. The Persecution of the Uighurs and Potential Crimes Against Humanity in China
- Author:
- Global Centre for the Responsibility to Protect
- Publication Date:
- 04-2019
- Content Type:
- Policy Brief
- Institution:
- The Global Centre for the Responsibility to Protect
- Abstract:
- The treatment of Uighurs and other Turkic Muslim minorities in the Xinjiang Uighur Autonomous Region has increased concerns over the risk of widespread and systematic human rights abuses and violations in China. The government’s approach to combatting religious extremism has resulted in the arbitrary detention of up to one million Uighurs, severe restrictions on religious practice, and pervasive surveillance and control of the entire Muslim population of Xinjiang. A new joint policy brief by the Asia-Pacific Centre for the Responsibility to Protect and the Global Centre for the Responsibility to Protect asserts that these policies may constitute crimes against humanity under international law. The policy brief provides an overview of China’s response to growing international pressure to halt the persecution of Uighurs and other Turkic Muslims in the Xinjiang region and offers recommendations on how to comprehensively address these issues.
- Topic:
- Human Rights, International Law, Islam, Ethnicity, Freedom of Expression, Responsibility to Protect (R2P), Atrocities, and Crimes Against Humanity
- Political Geography:
- China, Asia, and Xinjiang
66. Pursuing Coordination and Integration for the Protection of Civilians
- Author:
- Alice Debarre and Namie Di Razza
- Publication Date:
- 02-2019
- Content Type:
- Policy Brief
- Institution:
- International Peace Institute
- Abstract:
- In recent years, the UN and its member states have promoted comprehensive approaches and integrated structures and processes to improve coherence and consistency between political peacekeeping, humanitarian, human rights, and development efforts undertaken by the UN and its partners. For POC specifically, coordination between the military, police, and civilian components of peace operations; between peace operations and UN agencies, funds, and programs; and between the UN system and other protection actors has been pursued to maximize impact in the field. Joint planning, analysis, and action at these three levels are key to leveraging different types of expertise, tools, and responses in a holistic way in order to better prevent and respond to threats to civilians. However, while the UN’s normative and policy frameworks provide the basis for coordination and organizational arrangements have been set up to facilitate integrated efforts at these three levels, recent developments in the peace and security sphere have reinvigorated the debate over the costs and benefits of integration. Coordination for POC has proven to be increasingly difficult in non-permissive environments where, for example, peacekeepers may be perceived as party to the armed conflict or as having too close or tense a relationship with the host state or non-state actors. Integration in such contexts has led to debates around the preservation of humanitarian space, the independence of human rights advocacy, and the security of actors too closely linked to peacekeeping efforts. This issue brief analyzes the costs, benefits, and challenges of coordinated and integrated approaches to POC in peacekeeping contexts. It considers the added value of mission-wide and system-wide coordination for POC and concerns over comprehensive coordination between peacekeeping and humanitarian actors, which have different rationales and methodologies for protection. In a context of UN reform emphasizing prevention and political strategies, it questions the political and institutional push for more comprehensive POC strategies and reflects on the associated risks. It also offers considerations for how to coordinate and integrate multi-actor efforts in order to better protect civilians.
- Topic:
- Human Rights, United Nations, Peacekeeping, and Civilians
- Political Geography:
- Global Focus
67. Preventing Violent Extremism While Promoting Human Rights: Toward a Clarified UN Approach
- Author:
- Chuck Thiessen
- Publication Date:
- 07-2019
- Content Type:
- Policy Brief
- Institution:
- International Peace Institute
- Abstract:
- In response to the threat of violent extremism, the UN has adopted a comprehensive approach that involves both aligning ongoing interventions with the goals of preventing violent extremism (PVE) and implementing PVE-specific programming. These initiatives aspire to use human rights-based approaches as opposed to hard-security counterterrorism responses. To date, however, there has been inadequate research on how the UN and other international organizations can promote human rights as part of their PVE programming. This issue brief introduces findings on the strategic shift of UN peacebuilding interventions toward PVE and the barriers these interventions face to protecting human rights, drawing on research conducted in Kyrgyzstan. It concludes that PVE approaches to peacebuilding are fundamentally ambiguous, which may be hindering promotion of human rights. These ambiguities lie both in the terminology and strategies of intervention and in the drivers of radicalization and violent extremism. By clarifying its approach to PVE, the UN can dilute the inherent contradiction in its dual role as a critic and supporter of host states and reduce the odds that its interventions legitimize human rights violations.
- Topic:
- Security, Human Rights, United Nations, and Violent Extremism
- Political Geography:
- Central Asia, Kyrgyzstan, and Global Focus
68. Advancing human rights in Asia through trade after Brexit
- Author:
- Katarina Schwarz, Todd Landman, and Katrina Peake
- Publication Date:
- 06-2019
- Content Type:
- Policy Brief
- Institution:
- Asia Research Institute, University of Nottingham
- Abstract:
- How can the UK best protect human rights in Asia, an area historically weak in protecting and promoting human rights, when it comes to securing new trade deals after exiting the European Union (EU)? This policy brief assesses potential pathways for the UK to protect human rights in Asia through trade after exiting the EU, accounting for the specific challenges of advancing human rights in the region. It draws on existing practice, with a focus on the EU, to make suggestions for future UK trade policy through both unilateral and bilateral arrangements.
- Topic:
- Human Rights, Bilateral Relations, European Union, Brexit, Trade, and Trade Policy
- Political Geography:
- United Kingdom and Asia
69. Breaking the Silos: Pragmatic National Approaches to Prevention
- Author:
- Paige Arthur and Céline Monnier
- Publication Date:
- 08-2019
- Content Type:
- Policy Brief
- Institution:
- Center on International Cooperation
- Abstract:
- In this policy briefing, our fifth in our series on prevention at the UN, we draw on examples from Côte d’Ivoire and Timor-Leste to illustrate how countries have developed integrated actions on prevention that cut across sectors, including security, development, and human rights. We then highlight options for the UN to better support these strategies through cross-pillar approaches and identify practical ways forward for governments implementing prevention approaches.
- Topic:
- Conflict Prevention, Security, Development, Human Rights, and United Nations
- Political Geography:
- Africa, Timor-Leste, and Côte d'Ivoire