Nicaragua penal reform may undermine election outcome

Subject Nicaraguan penal reform. Significance On June 20, the Nicaraguan legislature approved a new penal code, introducing more stringent penalties for serious offences such as murder, rape and organised crime. While designed ostensibly to maintain the country’s positive security environment, political critics have argued that provisions of the new code could be used to increase pressure on opponents of President Daniel Ortega. Impacts Longer sentences could exacerbate prison overcrowding, increasing the risks of breakouts, riots or fires. Concerns surrounding the ‘technical judges’ provision may prompt a referral to the Inter-American Court of Human Rights. The notion that the extension of already substantial prison sentences will act as a crime deterrent is highly questionable.

Significance Instability in Libya has exacerbated an already fraught security environment in the Maghreb and the Sahel. Several militant groups co-exist in these parts, usually in competition with each other. The Islamic State group (ISG) has taken centre stage, but despite high profile attacks in Libya, it has failed to establish a foothold in other Maghreb countries. Impacts ISG encroachment in Libya will strengthen calls for international action to address Libya's crisis. Sporadic attacks are expected against security forces and government targets in Tunisia and Algeria. Government pressure and expanded counterterrorism operations could cause more widespread abuses of human rights. Fighters returning from jihad in Syria and Iraq could bolster the capabilities of local jihadist cells.


Subject Recent uptick in protests in Papua. Significance Security in restive Papua and West Papua provinces has deteriorated in the last seven weeks amid two waves of violent protests. Despite President Joko ‘Jokowi’ Widodo’s new willingness to meet with Papuan pro-independence leaders, the government lacks a strategy for reducing tensions. Impacts Jakarta may be somewhat distracted from the Papua situation by student protests over anti-corruption reforms and a proposed new penal code. Violence in Papua could harm Indonesia’s chances of gaining a seat on the UN Human Rights Council next week. Despite the unrest, Canberra is unlikely to hesitate in ratifying an Indonesia-Australia Comprehensive Economic Partnership Agreement.


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.


Significance That increase has sparked concerns that the state government is further militarising the fight against organised crime at the expense of the human rights of favela (slum) communities. Governor Wilson Witzel is fulfilling his campaign promise of a zero-tolerance crackdown but faces increasing criticism over how police tactics have placed favela residents' lives at risk. Impacts Popular approval and criticism of repressive anti-crime policies will reinforce political polarisation. Drug gangs will gain popular support by providing some COVID-19-related security not offered by the state. COVID-19-related economic disruption is likely to reinforce the risk of a new rise in violence.


The world faces significant and interrelated challenges in the twenty-first century which threaten human rights in a number of ways. This book examines the relationship between human rights and three of the largest challenges of the twenty-first century: conflict and security, environment, and poverty. Technological advances in fighting wars have led to the introduction of new weapons which threaten to transform the very nature of conflict. In addition, states confront threats to security which arise from a new set of international actors not clearly defined and which operate globally. Climate change, with its potentially catastrophic impacts, features a combination of characteristics which are novel for humanity. The problem is caused by the sum of innumerable individual actions across the globe and over time, and similarly involves risks that are geographically and temporally diffuse. In recent decades, the challenges involved in addressing global and national poverty have also changed. For example, the relative share of the poor in the world population has decreased significantly while the relative share of the poor who live in countries with significant domestic capacity has increased strongly. Overcoming these global and interlocking threats constitutes this century’s core political and moral task. This book examines how these challenges may be addressed using a human rights framework. It considers how these challenges threaten human rights and seeks to reassess our understanding of human rights in the light of these challenges. The analysis considers both foundational and applied questions. The approach is multidisciplinary and contributors include some of the most prominent lawyers, philosophers, and political theorists in the debate. The authors not only include leading academics but also those who have played important roles in shaping the policy debates on these questions. Each Part includes contributions by those who have served as Special Rapporteurs within the United Nations human rights system on the challenges under consideration.


2021 ◽  
pp. 136248062110159
Author(s):  
Mugambi Jouet

Michel Foucault’s advocacy toward penal reform in France differed from his theories. Although Foucault is associated with the prison abolition movement, he also proposed more humane prisons. The article reframes Foucauldian theory through a dialectic with the theories of Marc Ancel, a prominent figure in the emergence of liberal sentencing norms in France. Ancel and Foucault were contemporaries whose legacies are intertwined. Ancel defended more benevolent prisons where experts would rehabilitate offenders. This evokes exactly what Discipline and Punish cast as an insidious strategy of social control. In reality, Foucault and Ancel converged in intriguing ways. The dialectic offers another perspective on Foucault, whose theories have fostered skepticism about the possibility of progress. While mass incarceration’s rise in the United States may evoke a Foucauldian dystopia, the relative development of human rights and dignity in European punishment reflects aspirations that Foucault embraced as an activist concerned about fatalistic interpretations of his theories.


2020 ◽  
Vol 16 (3) ◽  
pp. 279-292
Author(s):  
Sarah Marshall

Purpose Ideas of health-related deservingness in theory and practise have largely been attached to humanitarian notions of compassion and care for vulnerable persons, in contrast to rights-based approaches involving a moral-legal obligation to care based on universal citizenship principles. This paper aims to provide an alternative to these frames, seeking to explore ideas of a human rights-based deservingness framework to understand health care access and entitlement amongst precarious status persons in Canada. Design/methodology/approach Drawing from theoretical conceptualizations of deservingness, this paper aims to bring deservingness frameworks into the language of human rights discourses as these ideas relate to inequalities based on noncitizenship. Findings Deservingness frameworks have been used in public discourses to both perpetuate and diminish health-related inequalities around access and entitlement. Although, movements based on human rights have the potential to be co-opted and used to re-frame precarious status migrants as “undeserving”, movements driven by frames of human rights-based deservingness can subvert these dominant, negative discourses. Originality/value To date, deservingness theory has primarily been used to speak to issues relating to deservingness to welfare services. In relation to deservingness and precarious status migrants, much of the literature focuses on humanitarian notions of the “deserving” migrant. Health-related deservingness based on human rights has been under-theorized in the literature and the authors can learn from activist movements, precarious status migrants and health care providers that have taken on this approach to mobilize for rights based on being “human”.


2018 ◽  
Vol 25 (2) ◽  
pp. 309-319 ◽  
Author(s):  
Emma van Santen

Purpose This paper aims to examine the shift away from the traditional distinction between organised crime and terrorist groups towards their conceptual convergence under the crime-terror nexus narrative in the context of international security and development policy in post-Soviet Central Asia. It assesses the empirical basis for the crime-terror and state-crime nexus in three Central Asian countries – Kyrgyzstan, Tajikistan and Uzbekistan – and argues that the exclusion of the state from the analytical framework undermines the relevance of the crime-terror paradigm for policy-making. Design/methodology/approach This paper draws on a literature review of academic research, recent case studies highlighting new empirical evidence in Central Asia and international policy publications. Findings There is a weak empirical connection between organised crime and Islamic extremists, such as the Islamic Movement of Uzbekistan and Hizbut Tahrir, in Central Asia. The state-crime paradigm, including concepts of criminal capture, criminal sovereignty and criminal penetration, hold more explanatory power for international policy in Central Asia. The crime-terror paradigm has resulted in a narrow and ineffective security-oriented law enforcement approach to counter-narcotics and counter-terrorism but does not address the underlying weak state governance structures and political grievances that motivate organised crime and terrorist groups respectively. Originality/value International policy and scholarship is currently focussed on the areas of convergence between organised crime and terrorist groups. This paper highlights the continued relevance of the traditional conceptual separation of terrorist and organised crime groups based on their different motives, methods and relationship with the state, for security and democratic governance initiatives in the under-researched Central Asian region.


Keyword(s):  

Headline EGYPT: Statements alone will not improve human rights


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mayssa Rekhis ◽  
Sami Ouanes ◽  
Abir Ben Hamouda ◽  
Rym Rafrafi

Purpose This study aims to assess the awareness about the rights of people with mental illness in the main psychiatric hospital in Tunisia among the service users, the family members and the staff. Design/methodology/approach The Convention of Rights of People with Disabilities mandates that State Parties initiate and maintain campaigns and human rights training to promote understanding of the rights of people with mental illnesses, considered as a main factor for their fulfillment. Service users, family members and staff evaluated, through a survey, the importance of ten rights for persons with mental illness, stated in the convention. Findings Disparities were found in the perception of the different rights by and between the three groups. The highest levels of awareness were associated with the freedom from torture or degrading treatment and the right to live with dignity and respect, whereas the lower importance were assigned to the right to participation in recovery plans, to give consent and to exercise legal capacity. Originality/value The lack of awareness and the poor perception of rights of people with mental illness is one of the barriers to their achievement. More training and awareness raising is necessary.


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