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  • Author: Carmen Geha
  • Publication Date: 02-2020
  • Content Type: Working Paper
  • Institution: Arab Reform Initiative (ARI)
  • Abstract: Lebanese women have been leaders in the revolution that has shaken Lebanon since October 2019. This paper argues that the next stage will be critical if women want to transform their involvement into equal rights. For them to do so, they need to move beyond informal revolutionary politics to formal electoral and party politics with meaningful and substantive representation.
  • Topic: Gender Issues, Human Rights, United Nations, Social Movement, Feminism, Revolution
  • Political Geography: Middle East, Lebanon, Beirut
  • Author: Matthew Schwartz, Naz Yalbir
  • Publication Date: 03-2019
  • Content Type: Working Paper
  • Institution: Fourth Freedom Forum
  • Abstract: Over the past decade, security actors in Kenya and the international community have increasingly viewed young people in Kenya's Muslim communities as vectors for radicalization to violent extremism. A number of large scale economic development assistance programs in the country, even as they promote the intense free market entrepreneurialism that continues to leave the vast majority of Kenyans behind, are also increasingly taking on preventing violent extremism objectives. Against the backdrop of heightened international and domestic concerns over the vulnerability of Kenyan youth to violent extremism, this policy brief focuses on the hardships and priorities of youth in Kenya through the voices of young people themselves. Drawing on a series of focus group discussions conducted by the Kenya Community Support Centre in September 2018, the paper explores the daily challenges confronting young people in Mombasa County as they struggle to make ends meet in the face of joblessness, wage theft, nepotism, and political corruption. While the serious threat posed by al-Shabaab cannot be ignored, the paper argues that the overriding drive to prevent violent extremism among Kenyan youth, especially in Muslim and Somali communities, is not only disproportionate but also counterproductive, threatening to overshadow the overwhelming need for economic justice, governance accountability, and reform.
  • Topic: Human Rights, Violent Extremism, Counter-terrorism, Youth, Rule of Law
  • Political Geography: Kenya, Africa, Somalia
  • Author: Eleanor Acer
  • Publication Date: 04-2019
  • Content Type: Working Paper
  • Institution: Human Rights First
  • Abstract: The Trump Administration has purposefully mismanaged the refugee and humanitarian challenges pushing people to flee political repression, human rights abuses, economic deprivation, and climate displacement in Honduras, Guatemala, and El Salvador. Trump Administration policies have actually made things worse, cutting programs countering displacement, turning a blind eye to human rights abuses, encouraging crossings between official ports of entry, and punishing people seeking U.S. protection through punitive and traumatizing family separations and detention. These harmful policies have aggravated humanitarian challenges—deliberately provoking disorder, chaos, and confusion. Congress must take swift action to push real solutions, and over the longer term the next administration will need to ensure these solutions are enduring. Congress should champion a new initiative to strengthen protection across the region. This initiative must truly tackle the rights abuses and deprivations pushing people to flee, greatly enhance the capacity of Mexico and other countries to provide asylum and host refugees, and set a strong example at home by upholding America’s own refugee protection commitments. Upholding human rights commitments is not only the right thing to do, it is also in the U.S. national interest. These commitments have saved millions of lives and encourage countries around the world—including front-line countries that host the vast majority of the world’s refugees—to continue hosting refugees. The heroic work of many Americans—working and volunteering with faith-based shelters, community groups, legal representation, and other organizations—should be supported. They are, and always have been, an essential part of the solution. The measures outlined below would restore order to the region and the U.S. border while upholding the United States’ legal and humanitarian commitments. Key steps include: 1. Address the actual causes of displacement in Honduras, Guatemala, and El Salvador. The United States should increase support for effective programs that counter violence, strengthen justice systems, spur economic opportunities, and safeguard communities from climate displacement, so that people do not need to flee in search of safety or survival. In addition, U.S. diplomats must press the leaders of these countries to safeguard rights, support anti-corruption efforts, and address abuses from security forces. 2. Strongly support increased asylum and refugee-hosting capacity in Mexico and other Latin American countries, so that these countries—which are already hosting growing numbers—have the ability to continue accepting refugees. Asylum filings in Mexico, for example, have increased by over 700 percent since 2014. The United States should sharply increase support for the UN Refugee Agency (UNHCR) to increase regional capacity, to develop strong asylum and refugee protection systems, and to better integrate refugees in Mexico and the region. U.S. diplomacy, law enforcement cooperation, and rule of law assistance should be leveraged to reduce violence against refugees and migrants in Mexico. In addition, the United States should launch a regional resettlement effort, providing some refugees with routes to safety in the United States as well as other countries, and relaunch the Central American Minors (CAM) program to allow some children with family in the United States to come to our country safely. 3. Combat smuggling in the region while safeguarding access to protection. U.S. agencies must ensure anti-smuggling and anti-trafficking efforts do not block escape from dangerous countries and include measures to safeguard human rights and access to asylum. By strengthening asylum, resettlement, and work visas in the region, more refugees and migrants will have alternate routes to protection. 4. Manage U.S. asylum arrivals effectively through a genuine humanitarian response that upholds U.S. law and provides order, including: Restore timely and orderly asylum processing at ports of entry and ensure humane conditions at all Department of Homeland Security (DHS) facilities; End the Remain in Mexico scheme and “metering” policies that push people to cross between ports of entry and put the lives of asylum seekers at risk as they wait in danger in Mexico; Support and fund NGOs and shelters in the United States—including faith-based groups that have been effectively partnering with DHS in U.S. cities along the border—to address humanitarian needs, a typical and necessary move in managing refugee arrivals; and Launch a community-based case management program that supports appearance, as recommended by ICE’s own advisory group, rather than jailing asylum seekers for even longer. 5. Restore order through measures providing timely, fair, and effective U.S. adjudications, including: Increase, rather than “get rid of,” immigration judges and interpreters. In order to understand what is being said in their courtrooms and ensure due process, judges must be supported by interpreters. And, since a judge set on furthering a politicized agenda is worse than no judge at all, safeguards against politicized court hiring must be immediately restored. Additional measures to support judges include: increased recruitment of interpreters who speak indigenous dialects to assure accurate hearings and prevent continued adjournments, ensuring the time necessary to gather evidence to prove cases, and rejecting absurd schemes that would entrust protection determinations to border agents or rush cases through adjudications; Support a major legal representation initiative to ensure eligible refugees receive protection at the earliest stages of the process and institute universal legal orientation presentations (LOPs)—including for families released from DHS/Customs and Border Protection (CBP) custody—to explain appearance obligations, the legal system, and how to secure counsel; Enable more cases to be granted efficiently at the USCIS asylum office by providing initial decision-making authority to the asylum office in all asylum cases, changing policies and practices that have prompted asylum officers to refer, rather than grant, cases that meet the asylum criteria— unnecessarily adding them to the immigration court caseload—and assure the availability of an application process for “cancellation of removal” relief so these cases do not clog the asylum system; Make the immigration courts independent, as the American Bar Association recommends, to secure due process and judicial independence, ensuring that political appointees can no longer attempt to improperly influence the courts’ decisions in asylum and other cases; and Reverse Trump Administration efforts to prevent refugees from receiving asylum in the United States—including former Attorney General Sessions’ ruling attempting to deny protection to women who have fled domestic violence and families escaping from deadly gangs. The measures outlined above would restore order and bring about real and enduring solutions. As the president and top Trump Administration officials are doubling down on punitive policies and political rhetoric that fail to solve these challenges, Congress must demand effective strategies that are consistent with America’s ideals.
  • Topic: Human Rights, Prisons/Penal Systems, Border Control
  • Political Geography: United States, Central America, North America, Honduras, Guatemala, El Salvador
  • Author: Simon Adams
  • Publication Date: 01-2019
  • Content Type: Working Paper
  • Institution: The Global Centre for the Responsibility to Protect
  • Abstract: In this occasional paper from the Global Centre for the Responsibility to Protect, Dr. Simon Adams tests the resilience of the international community’s commitment to defending human rights and upholding its Responsibility to Protect populations from genocide, ethnic cleansing, crimes against humanity and war crimes. The paper highlights the failure to respond to patterns of discrimination that eventually led to a genocide in Myanmar (Burma) during 2017. But it also draws attention to other recent situations, such as in the Gambia, when the international community seized the moment to respond in a timely and decisive manner to an emerging threat of devastating conflict. In doing so, Adams emphasizes that even when bodies such as the UN Security Council appear paralyzed and inert, a mobilized international community can still act to prevent atrocities, protect vulnerable populations, and hold the perpetrators accountable.
  • Topic: Genocide, Human Rights, International Law, Ethnic Cleansing, International Community, Responsibility to Protect (R2P), UN Security Council, Atrocities
  • Political Geography: Asia, Southeast Asia, Myanmar
  • Author: Ric Smith
  • Publication Date: 10-2019
  • Content Type: Working Paper
  • Institution: Australian Institute of International Affairs
  • Abstract: Ric Smith has masterfully woven archival material, memories of his own time as a foreign service officer, and conversations with other officers of the then Department of Foreign Affairs to recount the crisis in East Pakistan in 1971 and the difficult birth of Bangladesh. Smith highlights the Cold War incongruities of the crisis, including the Soviet Union’s support for democratic India’s position during the crisis, while the United States supported the military regime in Pakistan. The episode also stands as an example of Canberra diverging from Washington on an issue that was garnering political and media attention in Australia. Australia was able to pursue a policy toward the region that was independent from the United States, accepting early that East Pakistan was “finished” and that there was a need to address an unfolding humanitarian crisis. Smith’s book imparts important lessons about diplomacy for Australia: It is not only possible for Australia’s politicians and diplomats to take independent positions on major international problems, but they are sometimes respected by their allies when they do so.
  • Topic: Cold War, Human Rights, Democracy, Geopolitics, Military Intervention
  • Political Geography: Pakistan, United States, Europe, India, Asia, Soviet Union, Australia
  • Author: Ahmed Ezzat
  • Publication Date: 05-2019
  • Content Type: Working Paper
  • Institution: Arab Reform Initiative (ARI)
  • Abstract: Egyptian cause lawyers have constituted a strong socio-professional group and successfully used “strategic litigation” to challenge the state’s policies and counter its conservative narratives. With President El-Sissi in power and the security grip over legal institutions and courts, doubts were raised as to whether it still makes sense to go to court against the state over matters of rights and freedoms. By reviewing several emblematic cases, the author analyzes the impact of cause lawyering on mobilization and social movements and how it contributed to reshaping the public sphere, as well as the challenges the cause lawyers’ movement faces under El-Sissi.
  • Topic: Human Rights, United Nations, Social Movement, Legal Theory
  • Political Geography: Africa, North Africa, Egypt, Mediterranean
  • Author: Nicholas Crawford
  • Publication Date: 10-2019
  • Content Type: Working Paper
  • Institution: International Institute for Strategic Studies
  • Abstract: China has become the largest lender to developing countries, and a major investor there too. As a result, it has a major stake in many countries facing political and economic instability. Western policymakers involved in responding to instability and crises overseas need to understand how China navigates these situations. China’s approach is similar in some respects to that of Western states, but there are also important differences. China’s policy towards countries facing political and economic instability is driven by four main concerns: It seeks to strengthen and maintain its partnerships with those countries to ensure they remain open to and supportive of the Chinese government and its businesses. China is determined to protect its financial interests, businesses and citizens from the harms that result from instability. It is concerned to see its loans repaid, its investments secure, its workers safe and its supply chains undisrupted. It wants to maintain its narrative of non-interference. Any intervention in the politics or policies of its partner states must be seen as being at the invitation of their governments (although China may pressure its partners for consent). China wants to increase its influence in the world, independently and distinctively. It is increasingly proactive in its response to instability in partner countries. Some responses seek to address the instability directly; other responses are intended to protect Chinese interests in spite of the instability. This paper analyses the political economy of China’s responses to instability, identifies the types of responses China undertakes, and assesses these responses.
  • Topic: Human Rights, International Cooperation, Developing World, Political stability, Trade
  • Political Geography: Africa, United States, China, Europe, Beijing, Asia
  • Author: Kanchi Kohli
  • Publication Date: 06-2019
  • Content Type: Working Paper
  • Institution: Centre for Policy Research, India
  • Abstract: This essay examines the role of India’s 2006 Forest Rights Act in the procedures that regulate transfer of forest land to large infrastructure projects. Specifically, it shows the gap between the legally mandated requirements and how these are implemented in project approval processes. This is illustrated through a case study of the coal mining approvals in the Hasdeo Arand forest region in the central Indian state of Chhattisgarh. The essay also outlines the different actors who have influenced the discourses on forest rights of Adivasi and other forest dwelling communities and what they identify as factors that challenge the implementation of this law on the ground. It juxtaposes this analysis in the context of the recent decision of the Supreme Court of India on eviction of forest dwellers and examines whether that would bring in any structural change in the way the law is implemented.
  • Topic: Environment, Human Rights, Infrastructure, Courts, Conservation, Land Rights
  • Political Geography: South Asia, India, Asia
  • Author: Dyan Mazurana, Anastasia Marshak, Teddy Atim
  • Publication Date: 03-2019
  • Content Type: Working Paper
  • Institution: Feinstein International Center, Tufts University
  • Abstract: Few large-scale, structured surveys have been conducted on the prevalence of alleged war crimes or crimes against humanity committed by warring parties against civilians and how this relates to disability. Using data from a panel survey carried out in 2013, 2015, and 2018 that is representative of all of Acholi and Lango sub-regions in northern Uganda, this working paper reports the prevalence of alleged war crimes or crimes against humanity for individuals and households; their association with disability; and the resulting effects over time on people’s lives in terms of food security, wealth, access to basic services, and healthcare. The study contributes to an understanding of people who have experienced alleged war crimes or crimes against humanity that affect them physically and psychologically; the relationship between experience of these alleged crimes and their experience of disability; the effects of these crimes on their wealth, food security, and access to livelihood and social protection services; the effects of these crimes on their access to basic and therapeutic healthcare; and a better understanding of the key obstacles faced by victims of these alleged crimes when they are unable to receive basic and therapeutic healthcare.
  • Topic: Conflict Resolution, Human Rights, War, Conflict
  • Political Geography: Uganda, Africa
  • Author: Vincenza Scherrer, Alba Bescos Pou
  • Publication Date: 01-2018
  • Content Type: Working Paper
  • Institution: Geneva Centre for Security Sector Governance (DCAF)
  • Abstract: Multilateral organizations are playing an important role in shaping the SSR agenda through the development of policy and guidance and by engaging in the provision of a wide range of SSR support on the ground. However, despite their significant engagement in this area, there is no predictability in terms of the type of support that multilateral organizations will take on. While policy frameworks concur that international support should be well coordinated, the support provided by these organizations tends to be compartmentalized in practice. As a result, considerable time is often lost while each organization separately assesses a conflict, maps what others are doing, and agrees on a division of labour. The report presents the findings of a multi-year research project on the approaches of the United Nations (UN), the African Union (AU), the European Union (EU), and the Organization for Security and Co-operation in Europe (OSCE) to supporting nationally-led SSR processes. The study aims at developing an empirically-based understanding of the roles and potential comparative advantages of these organizations in SSR support, as well as avenues for enhanced cooperation. For this purpose, the study examines the following three categories related to the role of multilateral organizations in SSR support: normative frameworks, institutional capacities, and operational practices. This report was commissioned from DCAF by the Security Sector Reform Unit (SSRU) of the United Nations Department of Peacekeeping Operations (DPKO).
  • Topic: Security, Human Rights, Peacekeeping, Reform, Multilateralism
  • Political Geography: Geneva, Africa, Europe, United Nations, European Union, African Union
  • Author: Melissa Conley Tyler, 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, International Cooperation
  • Political Geography: United States, Japan, China, Indonesia, Asia, Australia
  • Author: Afifa Mannai
  • Publication Date: 07-2018
  • Content Type: Working Paper
  • Institution: Arab Reform Initiative (ARI)
  • Abstract: This paper addresses the role of the human rights movement in Tunisia in influencing state legislations and practices. It also attempts to tackle a shift from largely monitoring and denouncing rights violations prior to the January 2011 revolution to participating in drafting bills and lobbying for policy reforms that could reduce these violations. The human rights movement was not isolated from what Tunisia experienced in the years following the 2011 revolution, which resulted in massive realignments of social and political structures and practices with a heightened awareness of the importance of human rights and the need to continue the struggle to demand and enjoy them. This new climate witnessed a change not only in terms of the scope of the demands put forth by the human rights movement but also regarding the means and mechanisms it used to achieve these demands, which at times succeeded but ended in failure some other times.
  • Topic: Human Rights, United Nations, Social Movement, Revolution
  • Political Geography: Africa, North Africa, Tunisia
  • 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, Repression
  • Political Geography: Africa, North Africa, Morocco, Rabat
  • 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, Arab Spring
  • Political Geography: Middle East, North Africa, Morocco, Rabat
  • 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, Neoliberalism
  • Political Geography: Britain, Colombia
  • Author: Cecilia Jacob
  • Publication Date: 07-2017
  • Content Type: Working Paper
  • Institution: Australian National University Department of International Relations
  • Abstract: On 28–29 October 2016, the Department of International Relations at The Australian National University, along with the Asia Pacific Centre for the Responsibility to Protect at the University of Queensland, and with support from the Australian Department of Foreign Affairs and Trade, hosted the conference Implementing the Responsibility to Protect: Domestic Processes and Foreign Assistance. The conference was attended by academics, including leading experts in the field, and members and representatives of a wide range of government agencies, the diplomatic community, international organisations, and civil society organisations. Two distinguished keynotes were delivered by the Honorable Gareth Evans, ANU Chancellor and co-chair of the International Commission on Intervention and State Sovereignty (ICISS), and Ivan Šimonović, Special Adviser on the Responsibility to Protect to the UN Secretary-General (SASG). The purpose of the conference was to bring together policymakers, practitioners, and scholars working on areas related to the implementation of the Responsibility to Protect (R2P), primarily in the areas of state-level responsibility to prevent mass atrocities and protect civilian populations (what we call Pillar One of the R2P), and international assistance to states to fulfil this responsibility (Pillar Two). Recognising that the principle of R2P has gained significant traction within the international community since it was first introduced in the 2001 report The Responsibility to Protect, the conference sought to transcend longstanding debates over acceptance and legitimacy of R2P as a norm. Rather, it sought to clarify what the implementation of R2P entails for the policy and practitioner community, and to push forward new lines of academic inquiry and research that could support the implementation agenda. At its heart, R2P implementation is about strengthening the capacity of states to prevent atrocities from occurring in the first place. Prevention requires enhancing the resilience of societies that face the risk of atrocities through improved access to security, justice, and the rule of law. Effective mass atrocity prevention requires going local – understanding the dynamics of mass atrocities in their specific historical and social contexts; and going international – ensuring that international actors effectively align their priorities, strategies, and resourcing on atrocity prevention in ways that support local and national needs. This is an ambitious agenda, and experts from a range of fields were invited to address the practical implications of implementing R2P across numerous sites. The central themes included atrocity prevention, international accountability, human rights, international humanitarian law, justice for legacies of violence, foreign policy, development cooperation, peacekeeping, and civil–military assistance. The conference brought together different communities working on aspects that support the goals of R2P in order to enhance knowledge across thematic divides, and contributed to clarifying the practical implications that commitment to R2P implementation entails for these communities across the spectrum. This report contains the text of the keynote speeches, and condensed summaries of the panel discussions. These can be read together to provide a comprehensive synthesis of the debates occurring across the spectrum, or can be read as stand-alone sections for those with specific interest in a particular aspect of the R2P implementation.
  • Topic: Genocide, Human Rights, International Cooperation, United Nations
  • Political Geography: Africa, Middle East, Asia, North Korea, Philippines, Syria, Congo
  • Author: Monica Salmon Gómez
  • Publication Date: 05-2017
  • Content Type: Working Paper
  • Institution: The New School Graduate Program in International Affairs
  • Abstract: The human rights crisis in Mexico and particularly the one with migrants in transit through Mexico is not coincidental. The increased securitization of migration has transformed it into a security issue, causing it to be a threat to the national security. The mechanisms and strategies to fight against this crisis has led to terrible consequences to the thousand of migrants that pass through Mexico every year. As stated by David Harvey, the conceptualization of the irregular migration as a threat to the Nation-States has occurred as a consequence of the “global unequal capitalist integration”. This is a structural process that promotes global inequality in a parallel way, creating the undocumented as the others unwanted (Álvarez and Guillot, 2012:24). We then have migration as a phenomenon characterized by the economic globalization and the predominance of the logic of social exclusion, that it reveals itself as a feature for nations and families in their need to seek, among other things, improved living conditions in places that are different from their place of origin
  • Topic: Security, Human Rights, Migration, United Nations, Inequality
  • Political Geography: United States, South America, Latin America, North America, Mexico
  • Author: Sergio Miranda Hayes
  • Publication Date: 05-2017
  • Content Type: Working Paper
  • Institution: The New School Graduate Program in International Affairs
  • Abstract: In the academic world, scientific literature comes mainly from the western part of the globe. Ramón Grossfoguel believes that knowledge is determined by power relations in the "post-colonial" era (Grossfoguel, 2002: 16). This means that Western powers dominate the academic world. In constitutional law, this is not the exception. However, while we can accept that it is true that many constitutional provisions, doctrine, jurisprudence and theories of Western constitutional law have influenced Latin American countries, most of these countries have also developed their own constitutional systems that have specific and new features, whose unique identity differentiates them from other systems in the world. In this paper, I will try to study the special features that Bolivia, Ecuador, and Colombia have in the recognition of indigenous rights and legal pluralism, whose discursive axis entails a “decolonizing” spirit which is the retrieval of their own institutions against the trends of hegemonic governance of the western culture as I will explain later. Latin America has faced numerous problems concerning social differentiation. In the opinion of one of the most cited authors in Latin American constitutional law, Raquel Yrigoyen, the disadvantaged were left behind from the social, economic and political issues through legal measures created by people of a favored minority, in order to maintain privileges (Yrigoyen, 2011: 139). In the case of Latin America, many of the disadvantaged match to be those survivors of the brutal Spanish conquest; the native Indians. I have chosen these three countries since they have a significant indigenous population; more than 36.6 million indigenous people in the region. In Bolivia, the number rises to 4,115,222 natives, in Ecuador 1018176,and in Colombia 1392623. (World Bank, 2014: 24-25) The Constitutions of Colombia (1991), Ecuador (2008) and Bolivia (2009) reflect the new “decolonizing” ideology; Colombia through its jurisprudence, on the one hand, and Bolivia and Ecuador, proclaiming themselves "Plurinational”countries on the other. All made great strides in recognizing indigenous rights and, consequently, in gaining their social inclusion. (Gargarella, 2014: 175) Constitutional systems are a product of history and the struggle of peoples. In these cases, the effort to include indigenous peoples in the economic, political and social spheres resulted in these new constitutional models which can be understood through a comparative study.By understanding this, advantages and disadvantages of each country to improve social inclusion of indigenous peoples in all the mentioned spheres can be found. In the first title, I will talk about the meaning of legal pluralism. In the second, I will discussthe new models of statewhich are conditioned by legal pluralism and indigenous rights. In the third, I will address indigenous autonomies and jurisdictions that are the subject of our study. And in the remaining two titles, I will discuss the most distinctive features, and rights arising from the recognition of this unique legal pluralism. All this with the purpose of exposing the new constitutional spirit of "decolonization" of these countries.
  • Topic: Human Rights, Post Colonialism, Legal Theory , Colonialism, Decolonization, Economic Inequality
  • Political Geography: United States, Colombia, South America, Latin America, North America, Ecuador, Bolivia
  • Publication Date: 10-2017
  • Content Type: Working Paper
  • Institution: Africa Center for Strategic Studies
  • Abstract: Mass atrocities, including unlawful killings, rape, torture, and destruction of property, have caused one in three people in South Sudan to flee their homes.
  • Topic: Genocide, Human Rights, United Nations, Refugees, Displacement
  • Political Geography: Africa, Sudan, East Africa, South Sudan, Central Africa
  • Author: Alexander Van der Bellen
  • Publication Date: 09-2017
  • Content Type: Working Paper
  • Institution: Columbia University World Leaders Forum
  • Abstract: His Excellency Dr. Alexander Van der Bellen, Federal President of the Republic of Austria, addresses the Columbia University World Leaders Forum in Low Library.
  • Topic: Climate Change, Human Rights, International Cooperation, International Affairs, European Union
  • Political Geography: New York, Europe, Austria, European Union
  • Author: YUAN Zhengqing, Li Zhiyong, Zhufu Xiaofei
  • Publication Date: 07-2017
  • Content Type: Working Paper
  • Institution: Institute of World Economics and Politics
  • Abstract: The life cycle of international norms is not actually a process of emergence, diffusion and internalization. As is shown by the logic of argumentation and the relational logic of processoriented constructivism, the development of international norms may take another approach, one of origination, diffusion and remolding. Through dialogues on norms, discourse critique, self-remolding and other means, China has enriched the practice of remolding international human rights norms with a human rights theory centered on the right to survive and develop, thereby providing a new approach and new angle of vision that allows non-Western countries to break away from the monist approach of norm development.
  • Topic: Human Rights, International Affairs
  • Political Geography: China