Paraguay counterinsurgency force is under threat

Significance The Senate will hold a public hearing on the counterinsurgency unit, Fuerza de Tarea Conjunta (FTC), in Concepcion or Horqueta on September 2 and will formally debate a motion to shut it down on September 8. Impacts The opposition will seek to make political capital from Cartes's greatest political failure, trying to show him as unfit for re-election. The most likely outcome is the introduction of some mechanism making the FTC a bit more accountable, both to Congress and the public. Nevertheless, corruption and human rights concerns will continue to affect the FTC's support and operational capacity.

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Paola Maggio

Purpose This study aims to critically analyse the Law 9 January 2019, n. 3, on “Measures to fight crimes against the public administration and on the transparency of political parties and movements” (so-called bribe-destroyer law). Design/methodology/approach This paper draws on reports, legal scholarship and other open-source data to examine a legislative innovation for the corruption in Italy in relation to the general guarantees of the trial process and with the controversial paradigm of the national perception index of bribery. Findings The Italian legislative initiative that will be examined is innovative in nature and goes beyond the constitutional and conventional principles on procedural guarantees. The new initiative needs to be integrated into the international and European action against bribery that targets criminal proceeds, and at the same time, be anchored in respect for human rights during the process. Research limitations/implications The new initiative needs to be integrated into the international and European action against bribery that targets criminal proceeds, and at the same time, be anchored in respect for human rights during the process. Practical implications Despite the aggressiveness and lofty proclamations by those who aspire to fight corruption from the highest levels, the goal of rehabilitating Italy from one of the seven “deadly sins” that delay economic growth still seems far off. Social implications In the absence of public ethics, the increase in criminalisation does not seem sufficient on its own to guarantee the containment of the phenomenon. Originality/value This study examines the strengths and weaknesses of the important new law, its compatibility with human rights standards and its relationship to international standards of anti-bribery policies. The aggressive legislation critically relies on the pervasive and persistent lack of perception of corruption as a crime. In the confiscation (and now also reparation) of equivalent that normally addresses assets accumulated in a lawful manner, the periculum is even presumed in re ipsa and the classical aims of caution undergo a total torsion revealing an authoritarian face that takes on the meaning of anticipating further sanctioning contents. Finally, the presence of many levels of sanctioning in relation to the same fact poses serious problems of violation of the ne bis in idem rule.


Significance They were charged with engaging in premarital sex and getting an abortion. The case has become a national and even an international cause, with human rights organisations worldwide drawing attention to it. The case poses important questions about the Moroccan penal code and individual liberties, but even more significantly there is considerable evidence suggesting that the accusations represented an attempt to restrain critical reporting on Moroccan politics. Impacts Journalists in Morocco may increasingly self-censor to avoid becoming a target. The public will have access to a narrower, official version of events as the work of independent journalists becomes more difficult. Reforming the Penal Code and civil liberties may take some time as public opinion is divided on these issues.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ellery Altshuler

Purpose The purpose of this paper is to describe restrictions on freedoms of expression and press that have arisen during the coronavirus pandemic and to show the public health impact of these restrictions. Design/methodology/approach General PubMed and Google searches were used to review human rights violations both historically and during the current coronavirus pandemic. Special attention was paid to publications produced by groups dedicated to monitoring human rights abuses. Findings During the coronavirus pandemic, many governments have used the guise of controlling the virus to silence critics and stifle the press. Though these restrictions were supposedly orchestrated to fight the virus, they have done just the opposite: suppression of expression and press has hindered public health efforts and exacerbated the spread of the virus. By reducing case reporting, allowing for the spread of misinformation and blocking productive debate, violations of human rights to free expression and press have worsened the coronavirus outbreak. Originality/value This study shows the ways in which human rights are both threatened and particularly important in crises.


2010 ◽  
Vol 59 (3) ◽  
pp. 867-882 ◽  
Author(s):  
Efthymios Papastavridis

On 29 March 2010, the European Court of Human Rights (ECtHR), sitting as a Grand Chamber, delivered its Judgment in the Medvedyev v France case, which involved the interdiction and the exercise of enforcement jurisdiction over a drug smuggling vessel on the high seas. The case was referred by both the applicants and the Respondent State to the Grand Chamber, following the Judgment of a Chamber of the Fifth Section of the Court, on 10 July 2008. The Grand Chamber accepted this referral and the public hearing took place on 6 May 2009. This decision is of considerable importance as one of the very few decisions of the Strasbourg Court which has touched upon issues pertaining to the law of the sea, let alone to interdiction of vessels on the high seas, and the only case to have found a violation of the Convention on the part of the interdicting State, namely France.


2018 ◽  
Vol 60 (1) ◽  
pp. 172-184
Author(s):  
Sheikh Mohammad Towhidul Karim

Purpose It is recognized worldwide that an ombudsman system makes the public administration more transparent and accountable to the public. This paper aims to examine the provisions of the Ombudsman Act 1980, as well as the position, role and necessity of the Office of the Ombudsman in Bangladesh. It also evaluates how the ombudsman institution can act as a gateway for citizens of Bangladesh to resolve complaints against the maladministration of public administration in the country. Design/methodology/approach The study is basically qualitative in nature where both primary and secondary sources have been used. As well, a combination of analytical methods and current legislative methods, together with future legislative techniques, was used in the study. Findings This study finds that the ombudsman is a vital institution for Bangladesh to eliminate maladministration, nepotism and abuse of human rights, as well as abuse of the power of the public administration. Going forward, Bangladesh needs to amend the existing Ombudsman Act 1980 and then take proper steps to firmly establish the Ombudsman Office to ensure and increase public confidence, operational effectiveness and good governance and human rights throughout the country. Research limitations/implications The main implication of this study is that it will play an important role for the development of the rule of law and human rights in Bangladesh. This study will make its readers and particularly the citizens of Bangladesh aware of the importance of the “Office of the Ombudsman” in Bangladesh and the existing loopholes in the current Ombudsman Act 1980. This research also provides a new avenue for scholars to contribute their knowledge and wisdom toward nation-building by further researching the Office of the Ombudsman in Bangladesh. In this way, scholars in this field can share their experiences of the role of the ombudsman to a wider audience. Practical implications The study will facilitate policymakers and the government to enact an effective new law or to amend the existing law relating to the ombudsman. Originality/value The paper sets out the proposed amendment to the Ombudsman Act 1980. Hence, it will be of interest to policymakers, government, organizations of civil society and those developing countries that have not taken steps toward forming an ombudsman institution.


2002 ◽  
Vol 61 (1) ◽  
pp. 1-52
Author(s):  
Tom Hickman

WHEN, the European Court of Human Rights decided in Osman v. UK [1999] 1 F.L.R. 193 that striking out a claim in negligence (in Osman v. Ferguson [1993] 4 All E.R. 344) against the police, for failing to prevent a disturbed teacher injuring a pupil and killing the pupil’s father, amounted to a breach of Article 6 of the European Convention, many domestic lawyers felt that human rights law had gone too far. Article 6 protects the right to a fair and public hearing in the determination of one’s civil rights. The ECtHR did not say that the hearing had not been fair, but that it had not really been a hearing at all. By so deciding, the ECtHR subjected the public policy considerations that had been relied on by the Court of Appeal to strike out the claim to the requirements of legitimacy and necessity which have to be satisfied to justify an interference with Article 6.


2019 ◽  
Vol 8 (2) ◽  
pp. 98-108
Author(s):  
Trudy Huskamp Peterson

Purpose The purpose of this paper is to discuss the critical reasons why citizens need government archives, with an elaboration on why managing electronic records is crucial. Design/methodology/approach The paper offers a philosophical framework that argues that not managing records harms individuals. Examples from several countries are reviewed to find the relevance of the records relationships between people and governments, and the nexus between human rights and archives through an examination of the first three articles of the Universal Declaration of Human Rights is analyzed. Findings The paper identifies a strong relationship between human rights and archives and the way lives are reflected in the records in government archives. This reinforces the argument that governments need clearly established and legally empowered archival institutions. Originality/value Critical examination of the “I” in government archives is relatively rare in the literature, particularly when linked to the human rights implications of government records. The study is a constructive beginning for further academic discussions to explore this dimension, which in turn is related to both the efficiency of governance and the public trust in government.


2014 ◽  
Vol 56 (2) ◽  
pp. 136-151 ◽  
Author(s):  
Engobo Emeseh ◽  
Ondotimi Songi

Purpose – CSR within a purely voluntary context has so far not made meaningful contributions to the problem of corporate environmental and human rights abuses in Africa. The paper therefore aims to improve the effectiveness of CSR in the continent by making companies accountable for the veracity of statements they have voluntarily put out in the public domain. Design/methodology/approach – The paper adopts the stakeholder and legitimacy theories and information regulation as its framework of analysis. Following a discourse on the developments in and limitations of sustainability, the paper constructs an argument in line with these theories how these reports can still be utilised to make meaningful contribution towards strengthening CSR through accountability for false and misleading statements. Findings – Corporations have a stake in information in sustainability reports with regard to their corporate image and reputation. Therefore, under the appropriate framework, utilising corporate accountability for false and misleading statements by companies has promise for making CSR more effective. Research limitations/implications – The main limitations of this research is the political will of national governments in Africa to undertake such an exercise and the relative ability of civil society groups in light of the power of corporations to effectively hold them to account through the models proposed. Originality/value – The paper is interdisciplinary, drawing upon both management and legal theories. A significant contribution of this research is its pragmatic approach which goes beyond calling for legal platform for CSR by recommending a model for accountability within the existing voluntary CSR framework.


Author(s):  
Madeline Baer

Chapter 4 provides an in-depth case study of water policy in Chile from the 1970s to present, including an evaluation of the outcomes of water policy under the privatized system from a human rights perspective. The chapter interrogates Chile’s reputation as a privatization success story, finding that although Chile meets the narrow definition of the human right to water and sanitation in terms of access, quality, and price, it fails to meet the broader definition that includes citizen participation in water management and policy decisions. The chapter argues that Chile’s relative success in delivering water services is attributable to strong state capacity to govern the water sector in the public interest by embedding neoliberal reforms in state interventions. The Chile case shows that privatization is not necessarily antithetical to human rights-consistent outcomes if there is a strong state role in the private sector.


2019 ◽  
Vol 13 (1) ◽  
pp. 88-102
Author(s):  
Sajeev Abraham George ◽  
Anurag C. Tumma

Purpose The purpose of this paper is to benchmark the operational and financial performances of the major Indian seaports to help derive useful insights to improve their performance. Design/methodology/approach A two-stage data envelopment analysis (DEA) methodology has been used with the help of data collected on the 13 major seaports of India. The first stage of the DEA captured the operational efficiencies, while the second stage the financial performance. Findings A window analysis over a period of three years revealed that no port was able to score an overall average efficiency of 100 per cent. The study identified the better performing units among their peers in both the stages. The contrasting results of the study with the traditional operational and financial performance measures used by the ports helped to derive useful insights. Research limitations/implications The data used in the study were majorly limited to the available sources in the public domain. Also, the study was limited to the major seaports which are under the Government of India and no comparisons were carried out with other local or international ports. Practical implications There is a need to prioritize investments and improvement efforts where they are most needed, instead of following a generalized approach. Once the benchmark ports are identified, the port authorities and other relevant stakeholders should work in detail on the factors causing inefficiencies, for possible improvements in performance. Originality/value This paper carried out a two-stage DEA that helped to derive useful insights on operational efficiency and financial performance of the India seaports. A combination of the financial and operational parameters, along with a comparison of the DEA results with the traditional measures, provided a different perspective on the Indian seaport performance. Considering the scarcity of research papers reported in the literature on DEA-based benchmarking studies of seaports in the Indian context, it has the potential to attract future research in this field.


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