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Begin New Search Topic Human Rights Political Geography Asia Publication Year within 25 Years

1. Embedding Human Rights in European and US China Policy

Author:
Malin Oud
Publication Date:
05-2022
Content Type:
Working Paper
Institution:
German Marshall Fund of the United States (GMFUS)
Abstract:
Europe and the United States share an interest in promoting human rights in China but often struggle to affect change in this regard. Because of ineffective approaches and low political commitment, human rights are a marginalized issue in transatlantic China policy and an afterthought to commercial interests. European and US policymakers have attempted to compartmentalize their approach to China, keeping human rights separate from commercial and other interests. This does little to advance human rights, and it only seems to encourage more assertive and coercive behavior by China. During the last few years, the Western assumption that trade and foreign capital would transform China into a more open and democratic society has been replaced by a disillusioned realization that its rise as a superpower is reshaping the international order. Under President Xi Jinping, China has evolved from its previous position as rule-taker and status quo-keeper at the UN to become an assertive rule-maker and international norm entrepreneur. Its vulnerability to external pressure has declined while its power to exert pressure and economic coercion on others has increased. China no longer presents its political and economic model merely as different from but as superior to that of the liberal democracies in the West. For several years now, European and US policymakers have declared an “end of naivety” in relation to China. After years of debating how to make the EU more resilient and robust, Russia’s invasion of Ukraine has “given birth to geopolitical Europe,” in the words of its chief diplomat, Josep Borrell. It remains to be seen whether this moment of clarity will translate into a more principled defense of human rights and investment in democratic resilience. For this to happen, there needs to be a broader reckoning with how Western countries for decades mishandled the authoritarian challenge to the international order, often because they were pursuing stronger economic ties with the same governments they now see as systemic rivals.
Topic:
Foreign Policy, Economics, Human Rights, Business, and Trade
Political Geography:
China, Asia, North America, and United States of America

2. Tying Human Rights to U.S.-DPRK-ROK Negotiations

Author:
Greg Scarlatoiu
Publication Date:
04-2022
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
For over three decades, the United States and the international community has been attempting to engage North Korea diplomatically, aiming for the complete, verifiable, irreversible denuclearization of North Korea. The Kim family regime has been committing crimes against humanity, but human rights concerns have been discounted by U.S. and other negotiators, fearing they would be an obstacle to a negotiated solution to the grave military and security challenges Pyongyang poses. North Korea has breached each and every one of the international obligations it has assumed, from imembership in the Treaty of Non-Proliferation of Nuclear Weapons to the 1994 Geneva Agreed Framework to the Six Party Talks to the 2012 Leap Day Agreement. While its negotiating counterparts have neglected human rights concerns in multilateral and bilateral talks, North Korea has continued to develop and test its nuclear and ballistic missile programs. It is time for a new paradigm, that brings human rights into the conversation, in a bilateral or multilateral setting.
Topic:
Security, Human Rights, Nuclear Weapons, Treaties and Agreements, United Nations, and Appeasement
Political Geography:
Asia, North Korea, North America, and United States of America

3. Getting North Korean Human Rights Right, Now and for the Future

Author:
George Hutchinson
Publication Date:
04-2022
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
While the Universal Declaration of Human Rights recognizes the agency, dignity and rights of the individual, North Korea’s collectivist notion of freedoms are conditioned to preserve and perpetuate the Kim regime, resulting in the denial of human rights for North Koreans. Pyongyang’s defensive outbursts and angry rhetoric in defense of its distorted definition of sovereignty has deeply affected South Korea’s policy approach over the issue of North Korean human rights. Sensitive to Pyongyang’s feelings, South Korea’s progressive camp prefers to engage with North Korea in the wishful hopes that relations will gradually improve. The conservative camp at times uses the Kim regime’s sensitivity to dial up pressure on issues such as denuclearization. Progressives are willing to concede aid and benefits up front to get to inter-Korean engagement while conservatives make these concessions conditional. Neither approach has alleviated the brutal denial of human rights in North Korea. This paper explores South Korea’s “wicked problem” of partisan treatment of North Korean human rights through careful examination of present and past administrations and concludes with recommendations for a middle ground safe enough so that neither progressives nor conservatives feel they have strayed too far outside of the partisan boundaries of their respective camps
Topic:
Human Rights, Authoritarianism, and Universal Declaration of Human Rights
Political Geography:
Asia and North Korea

4. U.S. Relations With China: DACOR Conference Summary

Author:
Keith McCormick and Emma W. Sandifer
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
American Diplomacy
Institution:
American Diplomacy
Abstract:
As relations with the People’s Republic of China (PRC) loom ever larger for the U.S., DACOR’s annual conference in 2022 focused on “Balancing Competing Interests in U.S. Relations With China.” The Washington-based organization of foreign affairs professionals brought together diplomats and academics to explore the idea that U.S. policy toward China needs to pursue cooperation in some areas and competition in others while simultaneously confronting Beijing and preparing to deter or win a conflict, if it comes to war. The hybrid conference, with some attendees present at the historic DACOR-Bacon house and others joining online, was conducted under Chatham House Rules. The keynote address, by Ambassador (ret.) J. Stapleton Roy, was live-streamed to a classroom of political science faculty and students at the University of Nebraska, Lincoln.
Topic:
Conflict Prevention, Diplomacy, Human Rights, Bilateral Relations, Trade, and Conference
Political Geography:
China, Asia, North America, and United States of America

5. Another Potemkin Visit? Rethinking the UN Human Rights Chief’s Upcoming Trip to Xinjiang

Author:
Christelle Genoud
Publication Date:
05-2022
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
In March, United Nations (UN) High Commissioner for Human Rights Michelle Bachelet announced an agreement with China for a May visit, which includes access to Xinjiang. The exact date for the visit has yet to be determined, but recent reports indicate it is due to take place before the end of this month, which will make Bachelet the first UN High Commissioner for Human Rights to visit China in 17 years (China Daily, May 11). Negotiations were stalled for years with Bachelet first indicating intent to report on Xinjiang in a 2018 request for unhindered access to “all regions of China” (Office of the High Commissioner for Human Rights (OHCHR), September 10, 2018). At the end of April, a UN advance team arrived in Guangzhou to quarantine before traveling to Xinjiang to lay the groundwork for Bachelet’s visit (South China Morning Post (SCMP), April 25.
Topic:
Human Rights, United Nations, and Uyghurs
Political Geography:
China, Asia, and Xinjiang

6. The Beijing Olympics in Retrospect: An Anti-Human Rights Politics Machine

Author:
Christelle Genoud
Publication Date:
03-2022
Content Type:
Journal Article
Journal:
China Brief
Institution:
The Jamestown Foundation
Abstract:
As the U.S. and other Western nations announced diplomatic boycotts of the 2022 Beijing Winter Olympics, the People’s Republic of China (PRC) frequently exhorted the international community to keep politics out of the games (People’s Daily, December 8, 2021). Spokespersons of the Beijing Organizing Committee also objected to the “politicization” of the Olympic Games, and claimed that the closed loop Olympic bubble was solely a COVID-19 containment measure necessitated by growing concerns over the spread of the Omicron variant in China (Global Times, January 5). Although, the creation of a closed loop bubble was ostensibly undertaken for epidemic prevention purposes, it also had the impact of isolating athletes and journalists, and forestalling unwanted international focus on poor human rights conditions in China.
Topic:
Human Rights, Politics, Sports, and Olympics
Political Geography:
China and Asia

7. Transitional Justice and Reconciliation in Asia: Lessons Learned from Korea, Sri Lanka, and Taiwan

Author:
Hun Joon Kim
Publication Date:
07-2022
Content Type:
Commentary and Analysis
Institution:
East Asia Institute (EAI)
Abstract:
In this issue briefing, Dr. Hun Joon Kim, professor of Political Science and International Relations at Korea University, provides an overview and analysis of the ADRN’s Working Paper Series on Transitional Justice and Reconciliation in Asia. He finds that in Sri Lanka, Korea, and Taiwan, past instances of human rights violations were complex and unique; perpetrators, international dynamics, and the inevitable “politicization” of justice efforts have each created unique obstacles to and nuances in the pursuit of justice. Kim argues, however, that a few conclusions can be drawn from the three cases: first, that the trend in Asia is towards justice and away from impunity; second, that the transitional justice process is gradual, winding, and cannot be solved in one fell swoop; and third, that transitional justice is not simply a state-led process-the pursuit of reconciliation involves the entire nation: government, civil society, and civilians.
Topic:
Human Rights, Transitional Justice, Accountability, Reconciliation, and Reparations
Political Geography:
Taiwan, Asia, Sri Lanka, and Korea

8. Assessing the impact of CCP information operations related to Xinjiang

Author:
Albert Zhang and Tilla Hoja
Publication Date:
07-2022
Content Type:
Special Report
Institution:
Australian Strategic Policy Institute (ASPI)
Abstract:
The Chinese Communist Party (CCP) is using technology to enforce transnational digital repression and influence unwitting audiences beyond China’s territory. This includes using increasingly sophisticated online tactics to deny, distract from and deter revelations or claims of human rights abuses, including the arbitrary detention, mass sterilisation and cultural degradation of minorities in Xinjiang. Instead of improving its treatment of Uyghurs and other Turkic minorities, the CCP is responding to critiques of its current actions against human rights by coordinating its state propaganda apparatus, security agencies and public relations industry to silence and shape Xinjiang narratives at home and abroad. Central to the CCP’s efforts is the exploitation of US-based social media and content platforms. CCP online public diplomacy is bolstered by covert and coercive campaigns that impose costs and seek to constrain international entities—be they states, corporations or individuals—from offering evidence-based critiques of the party-state’s record on human rights in Xinjiang and Hong Kong and other sensitive issues. This asymmetric access to US-based social media platforms allows the CCP to continue testing online tactics, measuring responses and improving its influence and interference capabilities, in both overt and covert ways, across a spectrum of topics. The impact of these operations isn’t widely understood, and the international community has failed to adequately respond to the global challenges posed by the CCP’s rapidly evolving propaganda and disinformation operations. This report seeks to increase awareness about this problem based on publicly available information.
Topic:
Human Rights, Propaganda, Chinese Communist Party (CCP), Uyghurs, and Information
Political Geography:
China, Asia, and Xinjiang

9. 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

10. US-Taiwan Relations and the National Security vs. Human Rights Fallacy

Author:
Randall G. Schriver and Jennifer Hong Whetsell
Publication Date:
07-2022
Content Type:
Special Report
Institution:
East-West Center
Abstract:
The Honorable Randall G. Schriver, Chairman of the Board at the Project 2049 Institute and former Assistant Secretary of Defense for Indo-Pacific Affairs, & Jennifer K. Hong Whetsell, Senior Director at the Project 2049 Institute, explain that "Taiwan, a leading democracy and one of the freest countries in the world, continues to combat coercive and annihilative threats from the People’s Republic of China (PRC), while not wavering on human rights."
Topic:
Human Rights, National Security, and Bilateral Relations
Political Geography:
China, Taiwan, Asia, North America, and United States of America

11. We Uyghurs Have No Say: A Roundtable on the Writings of Ilham Tohti

Author:
Rune Steenberg, Abdürreşit Celil Karluk, and David Brophy
Publication Date:
04-2022
Content Type:
Video
Institution:
Weatherhead East Asian Institute, Columbia University
Abstract:
Prior to his arrest and sentencing in 2014, economist Ilham Tohti was one of China’s leading experts on contemporary Xinjiang. His academic work and online writings voiced a rare perspective – that of an Uyghur intellectual working within the Chinese system - on the increasingly marginal and precarious position of his Uyghur community in modern China. Ultimately, this critique proved too controversial for the party, and he is now serving a life sentence in prison for “separatism.” We Uyghurs Have No Say (Verso 2022) is a collection of Ilham Tohti’s articles and interviews, translated from Chinese into English, which chart his scholarly interventions from 2007 until his silencing. To mark its publication, this event will assemble a panel of sociologists and anthropologists of Xinjiang – some of whom studied under Ilham in Beijing – to reflect on these writings and the wider significance of Ilham’s work for our understanding of social and political developments in Xinjiang.
Topic:
Human Rights, Prisons/Penal Systems, Political Prisoners, and Uyghurs
Political Geography:
China, Asia, and Xinjiang

12. State of Minority Rights in Asia: Trends from India, Bangladesh, Nepal, Mongolia and Thailand

Author:
Niranjan Sahoo
Publication Date:
09-2022
Content Type:
Commentary and Analysis
Institution:
East Asia Institute (EAI)
Abstract:
In this issue briefing, Dr. Niranjan Sahoo, Senior Fellow at the Observer Research Foundation in New Delhi, provides an analysis of five countries across Asia on the worrying trend in the erosion of civil liberties of minorities in recent years. In the case of India, Bangladesh, Nepal, and Mongolia, he first identifies how the existence of legal and constitutional provisions to protect minorities was only nominal in nature. Minorities have suffered from a lack of civil and political representation, and have faced restrictions on their religious freedoms in practice. He also points out the limited influence of global human rights actors due to a lack of coherent and sustained pressure. Sahoo, while noting the successes of Thailand’s LGBTQ rights, concludes that the inability and apathy of state institutions, lack of resources, and majoritarian politics, provide a bleak projection of the state of minority rights.
Topic:
Human Rights, Religion, Minorities, Democracy, and Civil Liberties
Political Geography:
Bangladesh, India, Mongolia, Asia, Nepal, and Thailand

13. Hong Kong’s future on edge: Countering China’s national security law

Author:
Ash Jain, Joel Kesselbrenner, and Peter Mattis
Publication Date:
06-2021
Content Type:
Special Report
Institution:
Atlantic Council
Abstract:
Over the past seventy-five years, the United States and its allies have constructed and defended a rules-based international system that has provided unprecedented levels of peace, prosperity, and freedom. In recent years, the system has come under increasing strain, as a new era of great power competition has emerged. Despite hopes that China would become a “responsible stakeholder” in a rules-based system, Beijing has grown increasingly assertive, especially under President Xi Jinping. Beijing’s more confrontational path poses a significant challenge to a rules-based system. The challenge presented by China is particularly acute in the context of Hong Kong, where the Chinese Communist Party (CCP) has brashly violated an international treaty and curtailed democratic institutions and human rights. As the world enters an era of strategic competition with China, Beijing’s actions in Hong Kong should be a priority for policymakers in the United States and allied countries. This report addresses the importance of Hong Kong within the context of China’s broader challenge to the rules-based system and offers recommendations for how the United States and its allies can prevent a further erosion of democracy in Hong Kong and, over time, seek to restore it. It suggests that the United States and its allies still have available a range of pragmatic policy tools that can can be used to exert pressure and impose meaningful costs on Beijing. These should be implemented as part of a broader, comprehensive strategy to prevent China from undermining the rules-based system in the security, economic, and governance domains. On June 30, 2020, the CCP imposed a sweeping new National Security Law on Hong Kong, effectively giving Beijing direct control over the autonomous territory. Since then, China has acted to erode Hong Kong’s liberal traditions, in violation of Beijing’s treaty commitments under the Sino-British Joint Declaration. The National Security Law has for all practical purposes outlawed democratic activism, organizing, and speech. Over the past year, Beijing has cracked down on Hong Kong’s democratic institutions and thrown the pro-democracy movement into disarray. Beijing’s crackdown in Hong Kong is aimed at achieving several objectives. First, China’s leaders seek to maintain the legitimacy of the CCP in the face of a pro-democracy movement that it fears could spread to the mainland. Second, they seek to advance the unification of China by harmonizing the cultural, social, and economic aspects of life across the country, including Hong Kong. Third, the CCP aims to achieve a comprehensive modernization of China, while retaining the Party’s leadership, including by reaping economic benefits from the Greater Bay Area Integration Plan. Finally, China’s crackdown is aimed at stemming the advance of a liberal, democratic world order by pushing back on democratic norms that it views as antithetical to the Party and a danger to its efforts to modernize China on its own terms.
Topic:
Diplomacy, Economics, Human Rights, Politics, Sanctions, and Business
Political Geography:
China, Asia, and Hong Kong

14. 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

15. 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

16. 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

17. The Chinese Political System

Author:
Marcos Caramuru, Philip Yang, Daniel Bell, Kamila Aben Athar, Leondardo Burlamaqui, and Xiaoyu Pu
Publication Date:
09-2021
Content Type:
Special Report
Institution:
Brazilian Center for International Relations (CEBRI)
Abstract:
The XXVI China Analysis Group Meeting proposed dialogue on the fundamental characteristics of China's political system and the main issues surrounding its particularities and governance capacity. In this report, which summarizes the main discussion points of the event, the reader will find the participants' reflections regarding the difference between the ideal and the reality of China's meritocratic political structure, its challenges in terms of managing the world's largest population, and China's internal contradictions. In addition, the text brings reflections on the international pressure China faces regarding human rights, democratic values, and sources of legitimacy of the Chinese Communist Party today and in a future governance perspective. The China Analysis Group is a CEBRI initiative, sponsored by Banco BOCOM BBM since 2017.
Topic:
Human Rights, Politics, Governance, Democracy, and Chinese Communist Party (CCP)
Political Geography:
China and Asia

18. Minority Rights in Central Asia: Insights From Kazakhstan, Kyrgyzstan, and Uzbekistan

Author:
Aram Terzyan
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This paper explores the state of minority rights in the three Central Asian countries of Kazakhstan, Kyrgyzstan, and Uzbekistan. These countries share a lot of similarities in terms of their post-Soviet authoritarian legacy and weakness of democratic institutions. The repressive political landscapes of the Central Asian states have taken their tolls on minority groups, leaving them discriminated against, mistreated, and severely disadvantaged. Minority rights violations range from ethnic and religious discrimination to state-sponsored homophobia. Even though the leadership changes have positively affected the state of human rights in the three countries, there is still a slow pace of reforms. Overall, domestic changes in Uzbekistan, Kazakhstan, and Kyrgyzstan have not yielded considerable results so far in terms of alleviating the plight of minority groups across these countries.
Topic:
Human Rights, Minorities, Discrimination, and Oppression
Political Geography:
Central Asia, Kazakhstan, Asia, Kyrgyzstan, and Uzbekistan

19. Refouling Rohingyas: The Supreme Court of India's Uneasy Engagement with International Law

Author:
Malcolm Katrak and Shardool Kulkarni
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The complex relationship between international and municipal law has been the bone of significant scholarly contention. In the Indian context, despite a formal commitment to dualism, courts have effected an interpretive shift towards monism by espousing incorporation of international law. The case of Mohammad Salimullah v. Union of India, which involves the issue of deportation of Rohingya refugees from India, represents a challenge in this regard owing to the lack of clarity as to India’s obligations under the principle of non-refoulement. The paper uses the Supreme Court’s recent interim order in the said case as a case study to examine India’s engagement with international law. It argues that the order inadequately examines the role of international law in constitutional interpretation and has the unfortunate effect of ‘refouling’ Rohingyas by sending them back to a state where they face imminent persecution.
Topic:
Human Rights, International Law, Law, Minorities, Constitution, and Discrimination
Political Geography:
India and Asia

20. No Better Way to Promote Human Rights and Peace on the Korean Peninsula? Propaganda Leaflet Dropping and the South Korean Government’s Leafleting Ban

Author:
Youngsoo Yu
Publication Date:
03-2021
Content Type:
Commentary and Analysis
Institution:
East Asia Institute (EAI)
Abstract:
Anti-North Korea leaflets that are flown across the inter-Korean border to North Korea have consistently been a topic of controversy. While South Korean activists deem the practice crucial for promoting human rights in North Korea, North Korea has vocally criticized the act in fear that the leaflets could delegitimize its regime. Following a series of psychological warfare acts of propaganda leaflet dropping, the South Korean National Assembly passed a bill prohibiting the act of sending anti-North Korea leaflets. This was done in hopes of alleviating rising tensions on the Korean Peninsula and inducing North Korea into opening up for more dialogue and contact among the two Koreas. However, Youngsoo Yu, professor at the University of North Korean Studies, provides commentary critical of the government’s decision, claiming that the government has not only acted against the principles and values shared by the international community, but was also mistaken in prioritizing political purposes over the defense of human rights. Additionally, South Korea has not taken the appropriate measures to improve human rights conditions in North Korea. Moving forward, he claims that it is crucial for South Korea to work together with the international community and revamp its strategies to promote greater engagement with the hermit kingdom.
Topic:
Human Rights, Borders, Propaganda, and Peace
Political Geography:
Asia, South Korea, and North Korea