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Begin New Search Topic Human Rights Content Type Working Paper Publication Year within 25 Years

81. The Human Rights Movement in Morocco: The Dialectic of Influence

Author:
Mohamed Outahar
Publication Date:
07-2018
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
The relationship between the human rights movement and the state in Morocco has gone through two major stages since the movement appeared in the 1970s. The first phase (1970s–1990s) was antagonistic in the broader ferocious political conflict that lasted from independence till the 1990s. Civil and political rights were routinely violated, and members of the opposition were incarcerated in secret detention centres. The state oppressed or ignored human rights activists or tried to contain them during that stage. This came to a gradual end in the early 1990s. The ruling regime changed the way it viewed the human rights movement and human rights themselves. Political detainees benefited from an amnesty and a process of reconciliation evolved as the state opened up the dark files of repressive practices such as arbitrary arrests, torture and enforced disappearances. The second phase, which began in the mid-1990s, came after the ruling regime had created and stabilized state institutions and the modalities of governance. It was then able to begin a calculated political opening bolstered by various internal and external forces. This, however, did not change the essentially contentious nature of the relationship between the human rights movement and the state. The conflict became subtle and more refined. The state attempted to turn the dark page of human rights’ violations within a process of transitional justice. Despite harsh criticism, this process heralded in some way the end of systematic torture, forced disappearance and detentions without fair trials. The scope and spread of human rights organizations and activists expanded in the following two decades, particularly after the movement of 20 February 2011, leading to the adoption of a new constitution that explicitly acknowledged the supremacy of international treaties and human rights laws and legislation. This paper reviews the history of the state’s relationship with the whole paradigm of human rights as it relates to society and politics and with human rights defenders in particular.
Topic:
Human Rights, Torture, United Nations, Constitution, and Repression
Political Geography:
Africa, North Africa, Morocco, and Rabat

82. Islamists and Human Rights in Morocco

Author:
Mohamed Wazif
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
The spectacular political rise of Islamist forces in several Arab countries over the past few years was one of the outcomes of the Arab spring, which included a massive protest movement in Morocco in 2011. This rise, accompanied by several radical and extremist manifestations, raised concerns among civil and political actors about power-sharing and the future of democracy and human rights at this pivotal stage in the history of a people who had recently come to reject many forms of tyranny and oppression. A history of confrontations between Islamists and human rights activists intensified these concerns. This paper examines the relationship between Morocco’s Islamists and the human rights movement through the most prominent historical milestones and controversies. It illustrates the dynamics and evolution of how Islamists operated within the human rights discourse from positions within government or in civil society organizations.
Topic:
Human Rights, Social Movement, Democracy, and Arab Spring
Political Geography:
Middle East, North Africa, Morocco, and Rabat

83. Ministers For Foreign Affairs 1972-83

Author:
Melissa Conley Tyler and John Robbins
Publication Date:
11-2018
Content Type:
Working Paper
Institution:
Australian Institute of International Affairs
Abstract:
The Australian Institute of International Affairs (AIIA) is pleased to present the latest book in the Australian Ministers for Foreign Affairs series. In May 2016 the AIIA held a one-day forum to examine the achievements of Australia’s foreign ministers between 1972-83. This forum and publication is the third book in the AIIA’s Australian Ministers for Foreign Affairs series following on from Ministers for Foreign Affairs 1960-72 and R.G. Casey: Minister for External Affairs 1951-60.
Topic:
Foreign Policy, Cold War, Diplomacy, Human Rights, and International Cooperation
Political Geography:
United States, Japan, China, Indonesia, Asia, and Australia

84. The US Withdraws From The UN Human Rights Council

Author:
Veronika Bílková
Publication Date:
07-2018
Content Type:
Working Paper
Institution:
Institute of International Relations Prague
Abstract:
In mid-June 2018, the US announced its withdrawal from the UN Human Rights Council. It sat in the Council for the third time since the establishment of the organ in 2006. This time, however, it left its three-year mandate (2017–2019) unfinished. The paper analyses the four main arguments that the US put forward to justify its withdrawal from the Council. It shows that while some of the arguments have some merit, none is truly convincing. The paper also warns against any re-assessment of the current Czech candidacy to the Council.
Topic:
Human Rights, International Law, and United Nations
Political Geography:
North America, Czech Republic, and United States of America

85. Committing to Justice for Serious Human Rights Violations: Lessons from Hybrid Tribunals

Author:
Elena Naughton
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
Hybrid courts (or mixed tribunals combining international and national components) are no longer a novel approach to pursuing criminal accountability for egregious crimes of international concern (war crimes, crimes against humanity, and genocide). Created and implemented in diverse contexts around the globe for over a decade, they provide countries with an alternative to a fully domestic or international judicial process to hold perpetrators to account for mass atrocities. Over time, hybrid jurisdictions have proven themselves to be a viable model of justice in difficult circumstances. Although almost all have faced funding shortfalls at some time during their mandate and most have been met with strong opposition from those hostile to rigorous accountability efforts, each has investigated crimes and brought about justice where few if any other justice options existed. Their inherent strength rests, in part, on the flexibility they offer for responding to complex international crimes at the national level and on the opportunity they provide for promoting the exchange of information and expertise and for building capacity. There is no model hybrid tribunal. Rather, each hybrid court is established in response to the particular needs of the context and may be “internationalized” in varying ways and to different degrees. The degree of international involvement has almost always been negotiated to meet the needs of domestic authorities who were reluctant to cede sovereignty and to address the concerns of international actors who were uncertain about the adequacy of existing due process norms or wary of limitations in the state’s judicial, legal, and institutional capacity. As a result, a hybrid tribunal usually reflects the political compromises reached among the negotiating parties, most often the United Nations (UN) and the host state. The negotiation process itself can provide space for different factions to come together to build consensus around a common and sustainable approach to achieving accountability. They can also make accountability processes more responsive to the needs of victims and communities, including by giving victims the right to participate in the proceedings. Because of this process of give and take, hybrid tribunals offer the promise of independent justice within a mechanism that is capable of responding to complex international crimes at the domestic level.
Topic:
Human Rights, Humanitarian Intervention, Transitional Justice, and Humanitarian Crisis
Political Geography:
Global Focus

86. The Role of Victims in Criminal Proceedings

Author:
Howard Varney and Katarzyna Zdunczky
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This briefing paper focuses on the role of victims of human rights violations in criminal proceedings. This paper will provide examples of recent developments in the advancement of victim participation in criminal proceedings in international criminal law and domestic jurisdictions.
Topic:
Human Rights, International Law, Transitional Justice, Domestic Policy, and Human Rights Violations
Political Geography:
Global Focus

87. When Should Children Be Allowed to Work?

Author:
Lorenza Belinda Fontana
Publication Date:
02-2018
Content Type:
Working Paper
Institution:
Weatherhead Center for International Affairs, Harvard University
Abstract:
When we think about child labor, what often comes to mind are images of dirty, poorly dressed children—digging in mountains of trash, carrying heavy loads of bricks or crops, or disappearing in dark mine tunnels. Yet working children are a heterogeneous group that also includes children helping out in domestic labor, family shops, or subsistence agriculture, and adolescents undertaking their first steps into the labor market. While child labor is generally perceived as bad for children and efforts toward its elimination are pursued by the international communities, in certain contexts—and particularly in countries of the Global South—this is a culturally accepted and sometimes prized practice, considered fundamental for basic household production. In certain countries, working children themselves have created unions and mobilized to ask for fairer labor conditions and greater protections rather than child labor elimination. These gaps between international and domestic views on child labor have made the task of regulating the issue under human rights law particularly challenging for international organizations. International human rights agreements have proliferated since the 1990s. They seek to encourage states to behave in ways that respect human rights and they play a major role in shaping ideas about how to conduct world politics. But despite their proliferation, we still have an incomplete understanding of how states respond to internationally agreed-upon charters of rights, why they respond the way they do, the circumstances under which rights treaties make a difference, and what that difference might be. Compliance tends to be understood in this debate in an either/or fashion: states either come into line with international human rights law or not. Legal anthropology and constructivist approaches to international relations sought to document the ‘translation’ or ‘socialization’ of human rights that shapes domestic compliance—by which they mean how international norms become attached to local issues that allow communities to ‘make sense’ of the norm—but they have not challenged the assumption that ‘compliance’ implies an alignment between domestic practices and international agreements.
Topic:
Human Rights, United Nations, Labor Issues, and Children
Political Geography:
Global South

88. Domesticating the Giant: The Global Governance of Migration

Author:
Patrycja Sasnal
Publication Date:
06-2018
Content Type:
Working Paper
Institution:
Council on Foreign Relations
Abstract:
Migration is a natural and defining phenomenon of the globalized world. The challenge of governing migration lies in its inevitability, volume, and heterogeneity. As a portion of the global population, migrants represent around 3 percent, but their absolute number is rising. There were 170 million migrants in 2000; today there are roughly 260 million. Migration levels will certainly grow while hostilities continue in the most conflict-ridden regions of sub-Saharan Africa and the Middle East, the global wealth gap persists, climate change aggravates living conditions in many areas, and the poorer half of the globe becomes more populous. Moreover, migration is a complex heterogeneous process. Depending on the cause, duration, and legality, migration can be voluntary or forced (refugees and internally displaced persons, including survival migrants such as climate and disaster refugees), permanent or circular, regular or irregular. Politically, migration poses a twofold challenge: balancing security and freedom and harmonizing international obligations with domestic laws. Traditional discussion of migratory movements divided the world into the sending global south and the receiving global north. Interests of the former lay primarily in safeguarding the rights of their citizens regardless of immigration status and ensuring remittance flow. Interests of the latter lay in accommodating the “useful” migrants and restricting the rest. With the shifts in global wealth distribution, this division is losing tenacity. Countries that once were sending migrants are also receiving them today. For nations, migration affects the most rudimentary pillar of sovereignty (national borders), the core of democratic political systems (human rights), and atavistic social needs (national identity). Perceptions of migration affect political popularity: political parties are tempted to use selective, mostly negative, aspects of migration to rally the electorate around national identities. This in turn disproportionately, and often contrary to the objective needs of the host countries, vilifies migration generally. Political opposition to migration occurs despite a consensus that the economies of both sending and receiving countries benefit economically from migration. Even though the sending countries may experience labor and brain drain, they benefit from remittance flows from receiving countries; similarly, the receiving countries get a boost of human capital.
Topic:
Human Rights, Migration, United Nations, and Governance
Political Geography:
Global Focus

89. The Links Between Immigration, Migration and Human Trafficking

Author:
Joey White
Publication Date:
01-2018
Content Type:
Working Paper
Institution:
Center on Human Rights Education, University of Denver
Abstract:
Our sister organization, Human Trafficking Center (HTC) are the experts on the matter of human trafficking and use academic rigor, sound methodology, and reliable data to promote understanding of human trafficking and its causes, conditions, and cures. In a recent blog, HTC defines the connection between trafficking and migration: “Trafficking is migration gone terribly wrong.” – David Feingold. These words given by David Feingold in his piece Trafficking in Numbers: The Social Construction of Human Trafficking Data give a whole new insight into what human trafficking is, what realms human trafficking occurs within, and how human trafficking happens. Indeed, human trafficking and migration are inextricably linked. Human trafficking is heavily influenced by migration. Any policies regarding one have a tremendous effect on the other. This is why it is so vital to examine immigration policies and take into account what impacts they will have in the anti-trafficking sphere, particularly in today’s political climate.”
Topic:
Human Rights, Migration, Immigrants, and Human Trafficking
Political Geography:
Global Focus

90. The Connection Between Homelessness, Immigration, and Displacement

Author:
Cat Galley
Publication Date:
03-2018
Content Type:
Working Paper
Institution:
Center on Human Rights Education, University of Denver
Abstract:
This year, The Center on Human Rights Education chose the theme of DISPLACEMENT to investigate and research in the context of human rights. To begin under this theme, we began with homelessness and evolved into immigration. We focused on homelessness in the context of the Denver-metro area and the state of Colorado. Immigration held a national focus during the winter quarter. In the spring, COHRE will investigate into the topic of refugees and displacement. Throughout the Fall Quarter, the connections between displacement and homelessness came to be understood. On a more national scale, in 2013, there were approximately 610,042 homeless individuals. This number includes US citizens, immigrants, and refugees.
Topic:
Human Rights, Immigrants, Displacement, and Homelessness
Political Geography:
Global Focus

91. The Arctic Railway and the Sámi: Reconciling national interests with indigenous rights

Author:
Agne Cepinsktye
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
Finland and Norway are planning to build the Arctic Railway, stretching from Rovaniemi to Kirkenes through the homeland of the indigenous Sámi people. The state governments have acknowledged their duty to consult with the Sámi, whose culture and livelihoods the railway would affect, but the Sámi have dismissed the consultation efforts thus far as inadequate and have denounced the project. The dispute has exposed the ambiguity of the state’s duty to consult with indigenous peoples: international law firmly establishes the duty but does not prescribe specific rules for carrying it out. In Norway, the domestic regulatory framework concerning the consultation duty is more evolved and the practice of implementation is more consistent than in Finland, but both states still lack an effective legal incorporation of the duty. Despite the ambiguity, the scope of the consultation duty is determined by its purpose: creating favourable conditions to reduce power disparity between the state and indigenous peoples in order to reach an agreement that reconciles national interests with indigenous rights.
Topic:
Human Rights, Regional Cooperation, Indigenous, Transportation, and Railways
Political Geography:
Europe, Finland, Norway, and Arctic

92. The US should have Left the UN Human Rights Council Years Ago

Author:
Eran Lerman
Publication Date:
06-2018
Content Type:
Working Paper
Institution:
Jerusalem Institute for Strategy and Security (JISS)
Abstract:
The UNHRC was hopelessly biased, obsessed with Israel, and highly tolerant towards a full range of human rights abusers.
Topic:
Human Rights, United Nations, UN Human Rights Council (HRC), and Humanitarian Crisis
Political Geography:
Middle East, Israel, North America, and United States of America

93. Justice for the Victims: How Canada Should Manage Returning “Foreign Fighters”

Author:
Kyle Matthews
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
The U.S.-led international coalition has dislodged the Islamic State in Iraq and Syria (ISIS) from the cities it had occupied and controlled, namely Mosul and Raqqa. But while the group is weakened, it lives on and remains dangerous. Both the U.S. Department of Defense and the UN estimate that approximately 30,000 ISIS fighters remain in those countries. At the same time, a significant number of “foreign fighters” have fled Iraq and Syria. Numerous countries are struggling to find policy solutions with regards to managing the return of their nationals who had joined the group. The Canadian government has stated publicly that it favors taking a comprehensive approach of reintegrating returnees back into society. Very few foreign fighters who have returned to Canada have been prosecuted. Canada has both a moral and legal duty to seek justice and uphold the most basic human rights of vulnerable populations. ISIS and other jihadist groups engaged in systematic mass atrocities against minorities in Iraq and Syria, including Christians and Shiites. ISIS has demonstrated a particular disdain for the Yazidi minority in Iraq, and the Canadian government has recognized the group’s crimes against the Yazidis as genocide. As a State Party to the Rome Statute of the International Criminal Court and a signatory of the Convention on the Prevention and Punishment of the Crime of Genocide, Canada has a responsibility to uphold these international legal conventions when formulating carefully crafted policy responses that deal with returning foreign fighters. Canada should attempt to prosecute its nationals in domestic courts using the Crimes Against Humanity and War Crimes Act. Open trials can serve as means by which to lay bare ISIS’ narrative and to help counter violent extremism and future atrocities. They can also serve as a deterrent and warning to other Canadians who might try to join ISIS as it mutates and moves to other countries in the world, such as Libya, Afghanistan, Egypt, the Philippines, Pakistan, or heaven forbid, in Mali where Canadian peacekeepers have recently been deployed. If Canada truly stands for multiculturalism, pluralism, the rule of law, global justice, human rights, and the liberal international order, then we must stand firm and take a principled stand to prosecute those who have fought under the ISIS banner. That includes our own citizens.
Topic:
Crime, Human Rights, Terrorism, Islamic State, Justice, and Foreign Fighters
Political Geography:
Iraq, Middle East, Canada, Syria, North America, and United States of America

94. The Real Story behind the Repatriation of Syrian Refugees

Author:
Micky Aharonson
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
Jerusalem Institute for Strategy and Security (JISS)
Abstract:
Russia is actively promoting international involvement in the reconstruction of Syria as a humanitarian effort aimed at creating the conditions for refugees to return, but in practice this will reinforce the foundations of Assad’s rule and territorial control. The US is in no hurry to respond, but the Russian initiative will not remain unanswered.
Topic:
Human Rights, Refugees, Humanitarian Crisis, and Repatriation
Political Geography:
Russia, Europe, Middle East, and Syria

95. Don’t throw MBS under the bus

Author:
David M. Weinberg
Publication Date:
10-2018
Content Type:
Working Paper
Institution:
Jerusalem Institute for Strategy and Security (JISS)
Abstract:
The Saudi Crown Prince isn’t a democrat or a strategic savior, but don’t give the evil leaders of Turkey and Iran a victory by weakening US-Saudi ties.
Topic:
Human Rights, International Cooperation, Authoritarianism, and Conflict
Political Geography:
Iran, Turkey, Middle East, Israel, Saudi Arabia, North America, and United States of America

96. Saudi Arabia’s own-goal

Author:
Yaakov Amidror
Publication Date:
10-2018
Content Type:
Working Paper
Institution:
Jerusalem Institute for Strategy and Security (JISS)
Abstract:
The assassination of journalist Jamal Khashoggi at the Saudi Arabian Consulate in Istanbul is a fascinating story with potentially far-reaching regional and global implications. How will it affect Israel?
Topic:
Human Rights, Authoritarianism, Assassination, and Humanitarian Crisis
Political Geography:
Middle East and Saudi Arabia

97. Justice through Transitions: Conflict, Peacemaking and Human Rights in the Global South

Author:
César Rodríguez and Meghan Morris
Publication Date:
08-2018
Content Type:
Working Paper
Institution:
Dejusticia
Abstract:
The chapters in this volume illustrate many complexities of transitional justice processes from the perspective of young human rights advocates involved in these struggles, many with their own complicated personal connections to the search for justice. These advocates hail from countries that have divergent relationships with the notion of transitional justice, from places deeply embedded in its norms and processes, such as Argentina and Colombia, to countries undergoing various kinds of transitions on very different terms, such as Turkey and Mexico. All of the chapters, however, write the messiness of seeking justice through transitions, spanning from the personal and intimate to the national and global. Together, these chapters beautifully illustrate both the pain and the political possibilities that come from the inability to leave history in the past, as well as the creativity of individual and collective efforts to seek justice through transitions.
Topic:
Conflict Resolution, Human Rights, Transitional Justice, Justice, and Transition
Political Geography:
Global South

98. Polish Civil Society

Author:
Barbara Smith
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies
Abstract:
Amidst democratic backsliding globally, Poland has experienced a retreat from tolerance, inclusion, transparency, and government accountability. During interviews with some twenty individuals and groups in government, the private and non-profit sectors, and academic institutions, significant concerns about the future of Poland’s democratic institutions were expressed. In particular, respondents cited issues regarding the independence of the judiciary, a lack of tolerance by the ruling party as reflected in perceived xenophobic and discriminatory language, a growing deficit in transparency, and a lack of inclusion with respect to political processes. Finally, interviewees noted the government’s increasingly centralized control and perceived politicization of funding for Civil Society Organizations (CSOs), especially with respect to traditional human rights CSOs. This report provides recommendations to CSOs, donors, the U.S. government, and Europe on how to help build the capacity of civil society, be that through new business models, funding streams, or fostering global and regional networks.
Topic:
Civil Society, Human Rights, Accountability, and Social Order
Political Geography:
Europe and Poland

99. Mexican Civil Society

Author:
Sarah Baumunk and Linnea Sandin
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies
Abstract:
Despite the occasional setback or spark of progress, civic space in Mexico has remained mostly stable since the country elected its first opposition president in 2000. While Mexico’s laws theoretically protect its citizens’ rights, their faulty implementation has failed to yield results at best and has increased the vulnerability of human rights defenders at worst. Some laws have imposed significant administrative restrictions in the form of complex reporting requirements, which can be a burden for civil society organizations (CSOs), especially for smaller grassroots human rights organizations. Controversial laws that restrict civic space, coupled with the country’s high levels of corruption, astronomical impunity rate, and lack of transparency, have caused many citizens to lose faith in the government’s ability and willingness to protect and fight for rights. Newly-elected President Andrés Manuel López Obrador (“AMLO”) seems to have a genuine interest in human rights, which is promising for the future of civic space in Mexico. However, the fact that he has already softened some of his policy stances on these topics, paired with the government’s history of involvement in human rights violations, should prompt caution. This report provides examples of how Mexican civil society has taken action to advocate for and protect themselves, through mechanisms such as community police and broad coalitions.
Topic:
Civil Society, Human Rights, Social Movement, and Social Order
Political Geography:
North America and Mexico

100. Global Social Fascism: Violence, Law and Twenty-First Century Plunder

Author:
Lara Montesinos Coleman
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
Centre for Global Political Economy, University of Sussex
Abstract:
The intellectual authors of neoliberalism were aware of the lethal implications of what they advocated. For ‘the market’ to work, the state was to refuse protection to those unable to secure their subsistence, while dissidents were to be repressed. What has received less attention is how deadly neoliberal reforms increasing come wrapped in social, legal and humanistic rhetoric. We see this not only in ‘social’ and ‘legal’ rationales for tearing away safety nets in Europe’s former social democratic heartlands, but also in the ‘pro-poor’ emphasis of contemporary development discourse. This includes contexts where colonial legacies have facilitated extreme armed violence in service of corporate plunder. To expose these dynamics, I juxtapose the everyday violence of austerity in Britain with neoliberal restructuring in Colombia. The latter is instructive precisely because, in tandem with widespread state-backed terror, Colombia has held fast to the language and institutions of liberal democracy. It has, as a result, prefigured the subtle authoritarian tendencies now increasingly prominent in European states. The reconceptualization of law, rights and social policy that has accompanied neoliberal globalization is deeply fascistic. Authoritarian state power is harnessed to the power of transnational capital, often accompanied by nationalistic and racist ideologies that legitimize refusal of protection and repression, enabling spiraling inequality. Nevertheless, extending Boaventura de Sousa Santos’s discussion of ‘social fascism’, I suggest that widespread appeal to the ‘social’ benefits and ‘legal necessity’ of lethal economic policies marks a significant and Orwellian shift. Not only are democratic forces suppressed: the very meanings of democracy, rights, law and ethics are being reshaped, drastically inhibiting means of challenging corporate power.
Topic:
Human Rights, Social Stratification, Law, Fascism, and Neoliberalism
Political Geography:
Britain and Colombia