THE TENSION BETWEEN JUSTICE AND RECONCILIATION IN RWANDA: POLITICS, HUMAN RIGHTS, DUE PROCESS AND THE ROLE OF THE GACACA COURTS IN DEALING WITH THE GENOCIDE

2001 ◽  
Vol 45 (2) ◽  
pp. 143-172 ◽  
Author(s):  
Jeremy Sarkin
Keyword(s):  
Human Rights ◽  
Due Process ◽  
The Political ◽  
Political Situation ◽  
The Past ◽  
Potential Problems ◽  
Community Courts

Rwanda, since the genocide of 1994, has had immense difficulty in dealing with the past. It has pursued the model of prosecutions without being able to bring many of the alleged perpetrators before the courts. The article examines why this is so, as well as the political situation in Rwanda in the context of the country's human rights record, to determine whether sufficient weight is being given to truth, reconciliation, peace and stability. The proposed new gacaca community courts are examined to determine whether the stated government intention of using these structures to deal with genocide cases outweighs the potential problems they may cause. The article suggests that as so many years have elapsed since the genocide of 1994 that the authorities cannot, and should not, seek to prosecute all those accused of participating in the slaughter because attempting to prosecute all those in detention may cause more harm than good.

Provision of Remedies for Violation of Economic, Social and Cultural Rights: A Comparative Study of the United Nations, Inter-American and African Human Rights Systems

2020 ◽  
Vol 28 (2) ◽  
pp. 298-318
Author(s):  
Roman Girma Teshome
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Comparative Study ◽  
Economic Rights ◽  
Regional Monitoring ◽  
Cultural Rights ◽  
The Past ◽  
The United Nations ◽  
To Receive

The effectiveness of human rights adjudicative procedures partly, if not most importantly, hinges upon the adequacy of the remedies they grant and the implementation of those remedies. This assertion also holds water with regard to the international and regional monitoring bodies established to receive individual complaints related to economic, social and cultural rights (hereinafter ‘ESC rights’ or ‘socio-economic rights’). Remedies can serve two major functions: they are meant, first, to rectify the pecuniary and non-pecuniary damage sustained by the particular victim, and second, to resolve systematic problems existing in the state machinery in order to ensure the non-repetition of the act. Hence, the role of remedies is not confined to correcting the past but also shaping the future by providing reforming measures a state has to undertake. The adequacy of remedies awarded by international and regional human rights bodies is also assessed based on these two benchmarks. The present article examines these issues in relation to individual complaint procedures that deal with the violation of ESC rights, with particular reference to the case laws of the three jurisdictions selected for this work, i.e. the United Nations, Inter-American and African Human Rights Systems.

DEMOCRACY AT THE SERVICE OF FOREIGN POLICY OF THE REPUBLIC OF SOUTH AFRICA

2019 ◽  
Author(s):  
A. FREDDIE
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Foreign Policy ◽  
Transition To Democracy ◽  
The Political ◽  
Political Activities ◽  
Foreign Policy Change ◽  
The Republic ◽  
Apartheid Regime

The article examines the place and role of democracy and human rights in South Africas foreign policy. The author analyzes the process of South Africas foreign policy change after the fall of the apartheid regime and transition to democracy. He gives characteristics of the foreign policy under different presidents of South Africa from 1994 to 2018 and analyzes the political activities of South Africa in the area of peacekeeping and human rights on the African continent.

The Role of Religious Force in the Wukan Incident

2013 ◽  
Vol 5 (1) ◽  
pp. 155-175 ◽  
Author(s):  
Hou Yuxin
Keyword(s):  
Human Rights ◽  
Religious Beliefs ◽  
The Political ◽  
The People ◽  
The World ◽  
History Of ◽  
The Media ◽  
Social Management ◽  
The Village

Abstract The Wukan Incident attracted extensive attention both in China and around the world, and has been interpreted from many different perspectives. In both the media and academia, the focus has very much been on the temporal level of the Incident. The political and legal dimensions, as well as the implications of the Incident in terms of human rights have all been pored over. However, what all of these discussions have overlooked is the role played by religious force during the Incident. The village of Wukan has a history of over four hundred years, and is deeply influenced by the religious beliefs of its people. Within both the system of religious beliefs and in everyday life in the village, the divine immortal Zhenxiu Xianweng and the religious rite of casting shengbei have a powerful influence. In times of peace, Xianweng and casting shengbei work to bestow good fortune, wealth and longevity on both the village itself, and the individuals who live there. During the Wukan Incident, they had a harmonizing influence, and helped to unify and protect the people. Looking at the specific roles played by religion throughout the Wukan Incident will not only enable us to develop a more meaningful understanding of the cultural nature and the complexity of the Incident itself, it will also enrich our understanding, on a divine level, of innovations in social management.

Germany and Russia Since Reunification: Continuity, Change, and the Role of Leaders

2017 ◽  
Vol 35 (1) ◽  
pp. 42-62 ◽  
Author(s):  
Keyword(s):  
Image Analysis ◽  
International Relations ◽  
The Political ◽  
German Reunification ◽  
The Past ◽  
Personal Relations ◽  
Economic Trends ◽  
Economic Ties

How can we understand German-Russian relations since German reunification? Both the geopolitical positions of the two states and the political and economic ties between them have been transformed over the past twentyfive years. This paper will argue, however, that the role of the two countries’ leaders in shaping these relations has been surprisingly important. Building on the tradition of “first image” analysis in international relations, this paper shows that, along with larger political and economic trends, personal relations between these leaders have helped to set the tenor of bilateral ties. When the leaders were able to build trust and personal friendships, relations improved. Yet more recently, since 2012, relations have soured sharply. While there are obviously larger reasons for this, more negative personal ties between leaders have also played an important role. In short, just as issues of trust and friendship matter in personal ties, they also matter in International Relations.

scholarly journals STRATEGI DAKWAH SIASYAH PARTAI PERSATUAN PEMBANGUNAN DI JAWABARAT

2019 ◽  
Vol 17 (1) ◽  
pp. 19-36
Author(s):  
Ridwan - Mubarok
Keyword(s):  
World Politics ◽  
Political Life ◽  
The Political ◽  
Political Sphere ◽  
The Past ◽  
The People ◽  
Missionary Movement ◽  
Or Organization

For every Muslim, the role of civilization is identical to authentic mission as a leader as a leader in this earth, whose role is greater than leading a province or country. The participation of ulama, dai or da'wah movements in the political sphere is his right, but the missionary movement or organization must also be aware of and be aware of people or persons who want to manipulate da'wah as a vehicle for world politics. Da'wah movements or dai must be able to use various life instruments that exist today for the sake of da'wah. Ulama and the da'i who join in the organization movement or da'wah movement, must realize that they are part of the chain of struggle of the people. Now is the time for da'i or ulama to proclaim themselves from the past fetters that castrated the political life of the scholars.Bagi setiap muslim, peran peradaban identik dengan misi otentik sebagai pemimpin sebagai pemimpin dimuka bumi ini, yang perannya lebih besar dibandingkan memimpin sebuah provinsi atau negara. Keikutsertaan para ulama, dai atau gerakan dakwah dalam ranah politik merupakan haknya, akan tetapi gerakan atau organisasi dakwah juga harus menyadari serta mewaspadai terhadap orang atau oknum yang hendak memperalat dakwah sebagai kendaraan politik dunia. Gerakan dakwah ataupun para dai harus dapat menggunakan berbagai instrument kehidupan yang ada saat ini untuk kepentingan dakwah. Ulama maupun para da’i yang bergabung dalam gerakan organisasi atau gerakan dakwah, harus menyadari bahwasanya dirinya merupakan bagian dari mata rantai perjuangan umat. Kini sudah saatnya para da’i ataupun ulama dapat memproklamirkan diri dari belenggu masa lalu yang mengebiri kehidupan politik para ulama, PPP menjadi salah satu alternatif.

The Political Economy of Easy Credit Policies

2016 ◽  
pp. 84
Author(s):  
Karim Azizi ◽  
Thibault Darcillon
Keyword(s):  
Political Economy ◽  
Low Income ◽  
Recent Literature ◽  
Consumer Credit ◽  
Majority Voting ◽  
The Political ◽  
Aggregate Consumption ◽  
The Past ◽  
Marginal Effects

During the past thirty years, U.S. economic growth has disproportionately benefited the richest percentiles of the American population, i.e., the top income earners. Although this phenomenon is difficult to explain from a “standard” political economy perspective (i.e., majority voting), recent literature emphasizes the role of consumer credit as a means of circumventing costly public redistribution. According to this theory, most OECD and, notably, American policymakers should have facilitated middleclass and low-income households’ access to consumer credit to cushion the effects of increased income inequality (i.e., an increased share of GDP held by top earners). Our contribution to this literature is to argue that increases in inequality (as measured by expansions in the share of GDP held by top income earners) should be associated with aggregate consumption increases. Indeed, in response to increased inequality, easy credit policies stimulate low-income and middle-class consumption, which contributes to an increased aggregate consumption level. Using a panel dataset of 20 developed OECD economies between 1980 and 2007, we show that such increases in inequality are actually associated with expansions of aggregate consumption. Finally, when computing marginal effects, we conclude that these expansions increase with the size of the financial sector.

The Origins and Dynamics of Inequality

2021 ◽  
Author(s):  
Jon D. Wisman
Keyword(s):  
Sexual Selection ◽  
Evolutionary Psychology ◽  
The Political ◽  
Human History ◽  
Central Importance ◽  
Social Scientists ◽  
Political Dynamics ◽  
The Past ◽  
Historical Role

Whereas President Barack Obama identified inequality as “the defining challenge of our time,” this book claims more: it is the defining issue of all human history. The struggle over inequality has been the underlying force driving human history’s unfolding. Drawing on the dynamics of inequality, this book reinterprets history and society. Beyond according inequality the central role in human history, this book is novel in two other respects. First, transcending the general failure of social scientists and historians to anchor their work in explicit theories of human behavior, this book grounds the origins and dynamics of inequality in evolutionary psychology, or, more specifically, Darwin’s theory of sexual selection. Second, this book is novel in according central importance to the critical historical role of ideology in legitimating inequality, a role typically ignored or given little attention by social scientists and historians. Because of the central role of inequality in history, inequality’s explosion over the past 45 years has not been an anomaly. It is a return to the political dynamics by which elites have, since the rise of the state, taken practically everything for themselves, leaving all others with little more than the means with which to survive. Due to elites’ persuasive ideology, even after workers in advanced capitalist countries gained the franchise to become the overwhelming majority of voters, inequality continued to increase. The anomaly is that the only intentional politically driven decline in inequality occurred between the 1930s and 1970s following the Great Depression’s partial delegitimation (this should remain delegitimation globally) of elites’ ideology.

Conservative Anti-HRA Rhetoric, the Bill of Rights ‘Solution’ and the Role of the Bill of Rights Commission

2013 ◽  
Author(s):  
Helen Fenwick
Keyword(s):  
Human Rights ◽  
Constitutional Reform ◽  
The Political ◽  
Coalition Government ◽  
Bill Of Rights ◽  
Conservative Government ◽  
European Court ◽  
Human Rights Act ◽  
Advisory Role

This chapter considers proposals for changes that might be made by a British Bill of Rights, as compared with the Human Rights Act, under the Coalition government, or a future Conservative government. It considers views expressed by Conservative spokespersons prior to and after the 2010 general election, and answers given by members of the Bill of Rights Commission to the Political and Constitutional Reform Committee in 2011. This chapter also touches on the second aspect of the Commission's remit — its advisory role on reform of the European Court of Human Rights. It questions whether adopting a Bill of Rights on the lines favoured by the Conservative leadership, combined with the Strasbourg reforms recently determined on, would be likely to realise Conservative aims of creating divergence from Strasbourg and enhancing parliamentary autonomy.

A Retrospect on the Limits of Postcolonial Studies

CounterText ◽  
2015 ◽  
Vol 1 (1) ◽  
pp. 59-75 ◽  
Author(s):  
Benita Parry
Keyword(s):  
Crucial Role ◽  
Postcolonial Studies ◽  
The Political ◽  
Critical Approach ◽  
The Past ◽  
Political Purpose ◽  
New Form ◽  
Raymond Williams ◽  
Different Order

Benita Parry here examines the political horizons of postcolonial studies, arguing for the crucial role of Marxism in sustaining the revolutionary impetus of postcolonialist thought. Addressing the career of the late Edward W. Said, Parry points out that while Said's approach to criticism may initially have been philological, political purpose and direction were ‘thrust upon him’ through the situation of his native Palestine in the 1970s, together with the retreat from radicalism within academia. The Said of this period thus urged upon intellectuals the need to engage with injustice and oppression. Parry writes of Said's ‘circuitous journey’ that returned him, in his later works, to a critical approach that eschewed the political, and aimed to contain conflict through his notion of the ‘contrapuntal.’ While Said, with many postcolonial critics, did not subscribe to Marxism, Parry suggests that his work retained a thoughtful and complex respect for Marxists such as Lukács, Goldmann, Raymond Williams, and Adorno. For Parry, Said's repudiation of Marxism is ‘of a different order’ from that of other postcolonial critics who drag revolutionary figures such as Fanon and Gramsci into their own agenda by attempting to stabilise and attune their thought to the ‘centre-left’. Parry goes on to criticise the editors of The Postcolonial Gramsci, for positing Marxist thinking as a restricting framework from which the editors aim to liberate Gramsci's writing. For Parry, these reappraisals of revolutionary thinkers constitute a new form of recuperative criticism that she terms ‘the rights of misprision’. If this is a strategy for ‘draining Marxist and indeed all left thought of its revolutionary impulses and energies’, Parry insists, ‘it is one to be resisted and countered, not in the interests of a sterile rigour, but – in Benjamin's words – to rescue the past and the dead, and a tradition and its receivers, from being overpowered by conformism’.

Re-Conceptualizing the Right to Seek and Obtain Asylum in International Law

2015 ◽  
Vol 4 (2) ◽  
pp. 303-332
Author(s):  
Salvatore Fabio Nicolosi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
International Human Rights ◽  
The Past ◽  
European Court ◽  
Triggering Factor ◽  
The Right ◽  
Human Rights Standards

Over the past few years the issue of asylum has progressively become interrelated with human rights. Asylum-related stresses, including refugee flows and mass displacements, have mitigated the traditional idea of asylum as an absolute state right, in so far as international human rights standards of protection require that states may have the responsibility to provide asylum seekers with protection. Following this premise, the article argues that the triggering factor of such overturning is significantly represented by the judicial approach to the institution of asylum by regional human rights courts. After setting the background on the interrelation of asylum with human rights, this article conceptualises the right to asylum as derived from the principle of non-refoulement and to this extent it delves into the role of the two regional human rights courts, notably the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR), in order to explore whether an emerging judicial cross-fertilisation may contribute to re-conceptualisation of the right to asylum from a human rights perspective.

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