Human Rights at the Time of Transition: How Security Forces Can be Held Accountable in a Divided Community?

2020 ◽  
Vol 25 (2) ◽  
pp. 171-207
Author(s):  
Mutaz M Qafisheh
Keyword(s):  
Human Rights ◽  
Relevant Literature ◽  
Use Of Force ◽  
Field Research ◽  
International Standards ◽  
Research Approach ◽  
Palestinian Authority ◽  
Security Forces ◽  
Human Rights Abuses ◽  
The Government

Abstract The Palestinian Authority has established various mechanisms to monitor its security forces and hold them accountable over human rights violations. This article explores and assesses the accountability measures that deal with the human rights abuses arising from the excessive use of force in light of international standards, particularly human rights treaties that Palestine has acceded to in recent years. The use of force may occur in different contexts, including during demonstrations, while enforcing the law against criminal acts, searches, lawlessness, in detention, interrogation, investigation and in prisons. The article traces the accountability processes that arise in such circumstances. Alongside reviewing domestic legislation and cases as well as citing relevant literature, the article employs empirical qualitative field research approach by conducting a series of interviews with senior security officials, particularly top commanders and those in charge of accountability within the government and security agencies along with NGOs, experts, academics and field-based international institutions.

scholarly journals Legal Aspects of the Right to Nationality Pursuant to Myanmar Citizenship Law

2019 ◽  
Vol 3 (2) ◽  
pp. 277 ◽  
Author(s):  
Su Yin Htun
Keyword(s):  
Human Rights ◽  
Legal Aspects ◽  
International Standards ◽  
Legal Analysis ◽  
Human Rights Abuses ◽  
Communal Violence ◽  
Legal Reforms ◽  
The Law ◽  
The Government ◽  
The Right

It is universally accepted that everyone has the right to citizenship. Myanmar’s framework on the right to nationality constitutes a unique, exclusive, ethnic citizenship system based on jus sanguinis or the law of blood. Myanmar’s Citizenship Law was enacted in 1982 by repealing the Union Citizenship Act of 1948. As citizenship parameters were changed by the Law, many people in the Kachin, Karen, and Rakhine states lost their nationality rights and consequently suffered human rights abuses. In the Rakhine state, serious communal violence occurred in 2012, 2016, and 2017, and the government declared a state of emergency. This research paper focuses on how Myanmar can adhere to international standards for nationality rights. It provides a historical overview and legal analysis of citizenship laws in Myanmar using a human rights lens and offers suggestions for legal reforms that can help address the problem of statelessness in Myanmar. Specifically, it recommends the use of the jus soli, or the law of the soil, approach to citizenship.

Islamic State threat to Indonesia is changing

2016 ◽  
Keyword(s):  
Human Rights ◽  
East Asia ◽  
South East Asia ◽  
Islamic State ◽  
Security Forces ◽  
Content Type ◽  
Human Rights Abuses ◽  
The Government ◽  
State Group

Subject Islamic State threat in Indonesia. Significance The attack against a police post and a Starbucks on Thamrin Road in Jakarta on January 14 has resulted in tighter counterterrorism measures, including arrests of suspects and a crackdown against media outlets promoting Islamic State group (ISG). More controversially, the government is considering harsher counterterrorism laws. Impacts The ISG threat in South-east Asia exists independently of a future wave of returning fighters. Greater powers for security forces will be unpopular as these agencies have previously been accused of human rights abuses. Security agencies are likely to be under-resourced.

scholarly journals Linking the SDGS with human rights: opportunities and challenges of promoting goal 17

2019 ◽  
Vol 10 (1) ◽  
pp. 56-72
Author(s):  
Wekgari Dulume
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Sustainable Development Goals ◽  
Relevant Literature ◽  
Civil Society Organizations ◽  
The Sustainable Development ◽  
Global Partnerships ◽  
Development Goals ◽  
The Government ◽  
Principles And Standards

The 2030 Agenda for Sustainable Development is grounded in different international human rights instruments. Human rights (HR) principles and standards are strongly reflected in several of the Sustainable Development Goals (SDGs) and targets. Furthermore, SDG 17 emphasizes partnership as a key to achieving all of the SDGs. This article examines the SDGs-HR linkage in general, as well as specific HR principles that can be advanced by the achievement of SDG 17. Opportunities and challenges to promote Goal 17 of the SDGs that directly affect certain HRs are also examined. A review of relevant literature, 2030 summit documents, and outcomes of recent international conferences on the SDGs is undertaken in order to determine the progress made towards forging regional and global partnerships for the SDGs, as envisaged in Goal 17. This article finds that the absence of a political will and commitment, increased isolationist policy, narrow nationalism and poor rule linkage at national and international levels are some of the obstacles to the attainment of Goal 17. Yet, opportunities abound to promote the Goal. The article recommends a genuine commitment to implementing the SDGs by encouraging the South-South and North-South to prevent the SDGs from becoming a mere wishlist. Synergy between the government, individuals, civil society organizations (CSOs) and transnational corporations (TNCs) is equally very important. Keywords: Human rights, sustainable development goals, partnership for the goals.

scholarly journals Government as a Key Duty Bearer in Transition Reforms from Socialism to Capitalism-The Case of Albania

2018 ◽  
Vol 14 (32) ◽  
pp. 84
Author(s):  
Arlinda Ymeraj
Keyword(s):  
Human Rights ◽  
Social Welfare ◽  
International Standards ◽  
Vulnerable Groups ◽  
Efficient Allocation ◽  
Allocation Of Resources ◽  
The Past ◽  
Socialist System ◽  
The Government ◽  
Effective Distribution

The paper “Government as a key duty bearer in transition reforms from socialism to capitalism – the case of Albania”, addresses the way in which the government should exercise its power to ensure that citizens have equal access to social welfare services, enjoying their rights. Albania, like other Central and Eastern European countries experienced the past socialist system, which failed. The failure of the socialist system was the failure of the state: in political, economic and social terms. As far as economic policies are concerned, all data demonstrate the collapse of socialism, because the system was based on inefficiency, which eroded growth. Regardless of the principles of communist regimes adopted in former communist countries’ Constitutions, the past system brought neither equity nor justice, and therefore instead of “social cohesion”, the contradictions among social groups and categories, deepened. After the failure of socialism, Albania embarked on the new path aimed at establishing democratic regimes through the protection of human rights and at raising the standard of living. Albania has been proactive in ratifying international conventions relating to human rights in general and to vulnerable groups. Very recently, on June 2014, the European Council granted Albania candidate status, as a recognition for the reform steps undertaken in harmonizing its domestic organic laws and legislation with international standards. As part of these twin obligations from UN intergovernmental and EU processes, Albanian governments after the 90s have been progressively taking measures vis-à-vis efficient allocation of resources and effective distribution of social welfare. Nevertheless, Albanian citizens live in a dire reality. Therefore, after 25 years of transition, one of the main goals of reforms, “Efficient allocation of resources to boost growth and effective distribution of social welfare to enhance equity”, seems not to have been achieved. Undoubtedly, this influences the controversial opinions about the government’s control vis-à-vis government’s mode of functioning, advancing arguments that examine whether it is a question of abuse or that of concentration of power.

Implications of irregular transnational adoptions within international standards: A review of intercountry adoption systems and Guatemalan birthmother perspectives

Childhood ◽  
2021 ◽  
pp. 090756822110619
Author(s):  
Carmen Monico
Keyword(s):  
Human Rights ◽  
Child Welfare ◽  
Relevant Literature ◽  
Child Welfare System ◽  
International Standards ◽  
Adopted Children ◽  
Intercountry Adoption ◽  
Best Interest ◽  
Child Trafficking ◽  
Child Abduction

With growing global emergencies, child abduction became a concern in countries of origin and reception of transnationally adopted children. Improved regulations and standards to prevent child trafficking exhibit failures to ensure the best interest of children and the principle of subsidiarity. The article reviews relevant literature documents the Guatemalan birthmothers’ experiences and documented child theft, deception by trafficking networks, fraudulent adoptions, and familial coercion. Human rights and child welfare system implications drawn may be relevant to irregular transnational adoptions elsewhere.

Colombia unrest offers no quick solutions

2021 ◽  
Keyword(s):  
Human Rights ◽  
Fiscal Reform ◽  
Content Type ◽  
Human Rights Abuses ◽  
International Reputation ◽  
The Government

Significance Large demonstrations on May 28 resulted in several deaths in Cali; President Ivan Duque deployed troops there the next day. Although that appears, temporarily, to have restored some order, talks between the government and protest leaders have stalled. Impacts The government still plans fiscal reform of some kind, but any proposals now risk inflaming unrest. Prolonged accusations of human rights abuses and impunity could damage Colombia’s international reputation. Fear of socialism and Venezuela’s struggles offer the government a powerful electoral weapon against the left.

The eu “Conflict Minerals Regulation”: Potentialities and Limits in the Light of the International Standards on Responsible Sourcing

2018 ◽  
Vol 27 (1) ◽  
pp. 235-257 ◽  
Author(s):  
Valentina Grado
Keyword(s):  
Human Rights ◽  
Mineral Resources ◽  
International Standards ◽  
Due Diligence ◽  
Conflict Zones ◽  
Human Rights Abuses ◽  
Conflict Minerals ◽  
Risk Areas ◽  
The Eu ◽  
Responsible Sourcing

Business enterprises involved in the exploitation of mineral resources originating from conflict zones are at risk of financing armed activities and fuelling systematic violations of international law and human rights abuses. This article first analyses the initiatives developed by the UN and OECD aimed at encouraging companies to respect human rights and avoid contributing to conflict by adopting “supply chain due diligence” practices. Second, it focuses on a recent Regulation adopted by the EU to tackle trade in certain minerals sourced from conflict-affected and high-risk areas in order to highlight its main positive aspects and challenges and, at the same time, to ascertain whether and to what extent this new legislation is consistent with the UN/OECD international standards on responsible sourcing.

Collective Action and Constraints on Repression at the Endgame

2017 ◽  
Vol 51 (8) ◽  
pp. 1042-1073 ◽  
Author(s):  
Tiberiu Dragu ◽  
Yonatan Lupu
Keyword(s):  
Human Rights ◽  
Collective Action ◽  
Simple Game ◽  
Coordination Game ◽  
Theoretic Model ◽  
Security Forces ◽  
Human Rights Abuses ◽  
Legal Rules ◽  
Game Theoretic ◽  
Game Theoretic Model

How can human rights abuses be prevented or reduced? Using a simple game-theoretic model, we demonstrate that repression can become a coordination game when the potential for abuses is greatest: when dissent against a regime has grown sufficiently powerful. In such scenarios, repression depends on how the leader’s agents coordinate on implementing a repression order. If and to the extent agents believe other agents will not comply with an order to repress, leaders can expect agents to disobey orders and will be less likely to order repression. This logic of expectations constitutes a third mechanism for constraining repression, in addition to sanctioning (i.e., the logic of consequences) and normative mechanisms (i.e., the logic of appropriateness). We formally explore how the logic of expectations can constrain the implementation of repression and also show that the logic of expectations has the greatest potential to constrain repression in middle regimes or “anocracies.” In turn, this has broader implications for the strategies human rights advocates use in such regimes, how leaders structure their security forces, and for the study of why legal rules might be especially effective in such regimes.

Sri Lanka in 2008: Waging War for Peace

Asian Survey ◽  
2009 ◽  
Vol 49 (1) ◽  
pp. 59-65 ◽  
Author(s):  
Nira Wickramasinghe
Keyword(s):  
Human Rights ◽  
Sri Lanka ◽  
Eastern Province ◽  
Security Forces ◽  
Goods And Services ◽  
The North ◽  
High Inflation ◽  
The Government ◽  
Military Campaign ◽  
Government Security

The year 2008 saw a successful military campaign by government security forces against the Liberation Tigers of Tamil Eelam (LTTE) in the North. Elections to the Eastern Province resulted in a break away faction of the LTTE sharing power with the government. People continued to endure high inflation in the price of essential goods and services, and the country's human rights record remained dismal.

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