Of social movements, human rights and electricity access: Exploring an indigenous civil resistance in Chiapas, Mexico

2021 ◽  
Vol 75 ◽  
pp. 102015
Author(s):  
Umberto Cao ◽  
Giovanni Frigo
2017 ◽  
Vol 25 (1) ◽  
pp. 91-113
Author(s):  
Nana Tawiah Okyir

This article argues for the strengthening and entrenchment of socio-economic rights provisions in Ghana's jurisprudence. The purpose of this entrenchment is to engender judicial activism in promoting more creative pathways for enforcing socio-economic rights in Ghana. The article traces the development of socio-economic rights in Ghana's jurisprudence, especially the influence of the requirements of the international rights movement, particularly of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The article delves into the constitutional history of Ghana and its impact on the evolution of rights in the country. Of particular historical emphasis is the emergence of socio-economic rights under the Directive Principles of State Policy in the 1979 Constitution. However, the significance of the socio-economic rights only became profound with the return to democratic rule under the 1992 Constitution, again under a distinct chapter on Directive Principles of State Policy. However, unlike its counterpart, the chapter on the Fundamental Human Rights and Freedoms, which is directly enforceable, the Directive Principles of State Policy were not. It took the Supreme Court of Ghana a series of landmark decisions until finally, in 2008, it arrived at a presumption of justiciability in respect of all of the provisions in the 1992 Constitution. It is evident that prior to this, the Supreme Court was not willing to apply the same standards of adjudication and enforcement as it ordinarily applies in respect of rights under the chapter on Fundamental Human Rights and Freedoms. Having surmounted the non-justiciability hurdle, what is left is for the courts to begin to vigorously pursue an agenda that puts socio-economic rights at the centre of Ghana's rights adjudication framework. The article draws on comparative experiences from India and South Africa to showcase the extent of judicial creativity in rights adjudication. In India, the courts have been able to work around provisions restricting the enforcement of Directive Principles by often connecting them to Fundamental Freedoms. In South Africa, there is no hierarchy between civil and political rights on the one hand and socio-economic rights on the other; for that reason, the courts give equal ventilation to both sets of rights. The article further analyses these examples in the light of ongoing constitutional reforms in Ghana. It argues that these reforms fall short of the activism required to propel socio-economic rights adjudication to the forefront in Ghana's jurisprudence. In this regard, the article proposes social movements as a viable tool for socio-economic rights advocacy by recounting its success in previous controversial issues in Ghana. The article also connects this to other important building blocks like building socio-economic rights into a national development blueprint. Overall, the article calls for an imaginative socio-economic rights enforcement approach that is predicated on legislation, judicial activism, social movements and a national development blueprint aimed at delivering a qualitative life for the Ghanaian.


Author(s):  
Moshe Hirsch

Abstract The recent moderate trend to increasingly apply human rights law in investment awards is accompanied by certain new investment treaties which include expressed human rights provisions. An analysis of recent investment awards indicates that though there are some ‘winds of change’ in this field, it is equally noticeable that human rights law is far from being mainstreamed in international investment law. Investment arbitration procedural law is also undergoing a process of change, and the new procedural rules tend to enhance public elements in the investment arbitral system. This study is aimed at explaining these recent legal changes, highlighting the role of social movements in reframing investment relations as well as increasing public pressure to apply human rights law. These framing changes concern broadening the frame of investment arbitration (beyond the foreign investor–host state dyad), reversing the perceived balance of power between investors and host states, and zooming-in on local individuals and communities residing in host states. The discussion on factors impeding legal change in this field emphasizes the role of the private legal culture prevalent in the investment arbitration system, which is reflected and reinforced by certain resilient socio-legal frames. Informed by this analysis, the study suggests some legal mechanisms which can mitigate the inter-partes frame, and increase the application of human rights law in investment arbitration; inter alia, rigorous transparency rules that are likely to facilitate increased public pressure on tribunals and increase the participation of social movements representing local actors in arbitral processes.


Author(s):  
Christian Klesse

The accession of ten new member states has opened up new political and discursive spaces for challenging homo-, bi-, and transphobia in the new member states and the European Union (EU) as a whole. There has been widely felt sense of hope that the accession will ultimately increase the possibilities of political action, result in democratisation, and better the political conditions for sexual minorities to fight discrimination and struggle for equal treatment before the law (ILGA Europe 2001, Vadstrup 2002, Pereira 2002, Neumann 2004, ILGA 2004, Stonewall 2004). Such sentiments were also expressed in the call-for-papers for the Conference ‘Europe without Homophobia. Queer-in(g) Communities’ that took place from May 24 to May 26, 2004 at Wroclaw in Poland, for which I wrote the first draft of this paper. Participants were asked to reflect upon ‘how we can contribute to making sexual minorities in the European Community visible, heard, safe, and equal before the law’ and to ‘investigate the practical ways (including legal actions, information campaigns, political participation, etc.) of achieving the bold vision suggested in the title: Europe without homophobia’ (Organizing Committee 2004). Human rights groups and lesbian and gay organisations both in the (prospective) new and the already existing member states sensed that access to funding by EU bodies and the ability to address political and/or legal institutions of the EU (and/or the Council of Europe) opened up ‘new space’ for political activism and enabled access to a new range of political discourses and strategies (cf. Stychin 2003). Already many years before accession, human rights organisations and lesbian and gay campaigning groups started to utilise the transformative potential of this prospective economic-political and socio-legal change for campaigns against human rights abuse and legal discrimination on the grounds of gender and sexuality in states applying for accession. ILGA Europe, for example, emphasised that accession should be made dependent on the applying states complying to the high human rights standard that the EU is supposed to stand for. Due to the uneven power structure between the institutions of the EU and the states applying for membership, the logic and rhetoric of ‘enlargement’ structured the negotiations about accession. The power imbalances at the heart of the process are further indicated by the fact that accession is frequently discussed in the scientific literature in the terminology of ‘Europeanization’ (cf. Schimmelfenning and Sedelmeier 2005a). In this context, ‘Europeanization’ signifies ‘integration’ into the economic organisations and politico-legal institutions of the EU, a process that, according to Schimmelfenning and Sedelmeier, can be characterised as ‘a massive export of EU rules’ (2005b: 221). Because accession has been such a recent moment in history, research on the effects of the EU enlargement on the national polities of the new or prospective member states is still scarce. In particular, sexual politics has remained an under-researched topic (for an exception, see Stychin 2003). However, there is sufficient reason to speculate that accession will significantly affect the discourses and strategies of social movements struggling around sexuality and gender in the new member states. Even if it cannot be predicted at this stage, how political actors and social movements will respond and position themselves with regard to these newly emerging ‘political opportunity structures’ (Kriesi et al. 1995), the evolving institutional, economic, and discursive context will without any doubt impact on their politics.


Author(s):  
Ngok Ma ◽  
Edmund W. Cheng

Analysis of the 2014 Umbrella Movement speaks to three strands of academic literature: contentious politics and space, hybrid regimes and democratization, and social movements in China and Hong Kong. Based mostly on fieldwork conducted during the occupation, this book brings together 14 experts who studied the Umbrella Movement from different theoretical perspectives with different methodologies. The studies in the book analyze the occupation as a spontaneous and emotional contentious action, which made good use of public space and creative passion. They also show how civil resistance was shaped and constrained by the hybrid regime and situate the Hong Kong movement in a broader comparative perspective in reference to past student movements in China and protests in Taiwan and Macau.


Author(s):  
Gráinne de Búrca

This chapter reflects on the lessons to be derived from the advocacy campaigns in Pakistan, Argentina, and Ireland discussed in earlier chapters. Insights drawn from those campaigns are used to refine the experimentalist account of human rights advanced in Chapter 2, particularly as regards the importance of social movements and of building broad social support for human rights campaigns. The remainder of the chapter describes five major challenges of the current era—illiberalism, climate change, digitalization, pandemics, and inequality—and considers the difficulties they pose for the experimentalist account of human rights advocacy. It argues that the experimentalist practice of human rights advocacy is reasonably resilient and adaptive, and that internal contestation from within the human rights movement as well as external critiques have already helped to catalyze reform and to push activists and advocates to think more innovatively about the changes needed to strengthen the ability of the movement to engage with these major challenges in the future. It concludes that in a turbulent era, rather than abandon human rights, we should redouble our efforts to bolster, renew, and reinvigorate a movement that has galvanized constituencies and communities around the globe to mobilize for a better world.


2017 ◽  
Vol 61 (13) ◽  
pp. 1703-1728 ◽  
Author(s):  
Dominique Clément

Channeling theory posits that external funding for social movements, rather than coopting activism, channels activism into more structured and less militants forms. Studies on channeling, however, focus on private funding. The following article examines whether public funding has a comparable effect on social movements. Using the human rights movement in Canada as a case study, it examines several issues relating to channeling: why funders support activism; funding as social control or altruism; how funding is related to consolidating movement gains; and the impact of funding on mobilization, activism, and internal movement dynamics. To address these questions, this article draws on an innovative new data set that includes lists of grants extracted from more than 30 years of government budgets in Canada. It also draws on several years of archival research on a network of 19 organizations in every region of Canada, as well as interviews with former members of these organizations. In addition to demonstrating that public funding has a comparable channeling effect as private funding, this article provides the first comprehensive survey of the extent of state funding for the human rights movement in Canada.


2015 ◽  
Vol 57 (1) ◽  
pp. 248-273 ◽  
Author(s):  
Sarah A. Radcliffe ◽  
Andrew J. Webb

AbstractWhat is the experience of a racial subaltern on becoming an employee of a postcolonial state? Latin America has undertaken widespread multicultural state reform, often in response to pressure from nation-wide social movements and transnational human rights activism. This provides us with a window into ways in which subaltern individuals negotiate their place in a historically exclusionary state with norms of whiteness, European codes, and literal and metaphoric distance from marginal populations. Previous research has emphasized the cooptation of subaltern actors by neoliberal postcolonial states, but we argue that a close reading of subaltern accounts yields important insights into their experiences of ambivalence, ambiguity, and agency. Neoliberal state restructuring entrained a parallel, and in many cases interconnected process that generated ambivalence among civil servants. We draw on interviews with state employees associated with multicultural educational reforms in Chile to document the registers through which indigenous subalterns position themselves regarding the politics of interculturalism and the costs of serving the state.


2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
M Ribeiro Bizuti ◽  
M Eneida de Almeida ◽  
P Roberto Barbato ◽  
D Savi Geremia ◽  
A Inácio Andrioli ◽  
...  

Abstract The Federal University of Fronteira Sul (UFFS) is the first higher-level institution in Brazil to emerge from the processes of social and political participation of social movements and networks of civil associations. Its objective is to ensure access to higher education for the entire population of the region named Fronteira Sul, historically excluded, in order to contribute to the resolution of local and regional problems. Its public and popular character is structural, with a historical aspect of a struggle of more than forty years of various social movements for the federal university, in defense of society and its ideas: democracy, equality, respect for diversity, citizenship, right to free public education, sustainability and social justice. The center of political action at UFFS is in direction of universal human rights, equality and the reduction of social inequality, being one of the structuring axes, the strengthening of Policies and Practices for the Promotion of Public Health, since society has presented its demands guided by the concerns with health care in the region. CEBES is a national entity created in 1976, whose historical mission is the struggle for the democratization of society and the defense of social rights, in particular the universal right to health. As a supraparty plural space, it brings together activists, leaders, researchers, teachers, professionals and students, together with other entities in the fight for health. It was responsible for founding the Brazilian Sanitary Reform Movement, by producing and disseminating information, knowledge and critical analyzes aimed at strengthening subjects through the expansion of critical thinking and health awareness, essential elements for political practice and action. The Chapecó nucleus was created to contribute to academic education in the health field by respecting the founding principles of social justice that are in the Federal Constitution of 1988, universality, equity and integrality. Key messages Present the Chapecó nucleus created to contribute to academic education in the health field, while respecting the founding principles of social justice and democracy. To present UFFS as an important institution for universal human rights and its commitment to the reduction of social inequality in the strengthening of Public Health Promotion Policies and Practices.


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