scholarly journals The European meta-borders: the outsourcing and militarization of European borders and the violation of the human rights of Sub-Saharan refugees

2018 ◽  
Vol 26 (54) ◽  
pp. 151-170
Author(s):  
Marco Omizzolo ◽  
Pina Sodano

Abstract This paper examines the process of the externalization and the militarization of the European borders and the containment of third-country refugees, especially the Sub-Saharan Africans, for European political reasons. This leads to the human rights violation of millions of them. This essay is focused on Libya as a case-study. Starting with the concept of borders in the general theory of “States” then moving to analyse the concept of European “Meta-borders” in Africa. The analysis begins with the agreements between EU member states and third countries. The paper also reflects on the necessity of overcoming traditional models of analyzing the migration flows, introducing the concept of “turbulent migration”.

2014 ◽  
Vol 2 (2) ◽  
pp. 21
Author(s):  
Modeni M. Sibanda

This article analyses the opportunities and complexities of the SADC mediation in Zimbabwe’s Global Political Agreement (GPA) in facilitating and operationalising theprinciples and values of peace, security, human rights and democracy as set out in Article 4 of the SADC treaty. It attempts to interrogate the extent to which the regional grouping’s mechanisms for enforcing its principles and values have been successful.   The article argues that despite SADC’s noble commitment to promoting the development of democratic institutions and practices, as well as encouraging the observance of universal human rights, peace and security, the resolution of the Zimbabwe crisis shows that, in practice, the operationalisation of SADC protocol principles and values have been a sorry saga of delays, secrecy, purported agreements and nothing concrete coming out of it.  Using the Zimbabwe case study, this article further argues that SADC either lacks appropriate power and authority or is reluctant to hold member states accountable.  This seems so, given that as a regional body, it has allowed itself to be utterly inadequate to the task envisioned by the organ in resolving the Zimbabwe crisis. The paper concludes that the sum of all this has had the effect of exposing SADC and it being perceived as a weak regional organisation.


2020 ◽  
Vol 20 (2) ◽  
pp. 159-173
Author(s):  
Kumush Suyunova

Summary Human rights are indivisible. The EU holds resolute tone against the challenges of universal human rights. As an adequate method of governance the EU acknowledges the rule of law that encompasses transparent and reliable legal system, an independent judiciary, prevention of arbitrary executive power; legal egalitarianism and respect for rights and freedoms of individuals. The concept of democracy determines the values behind the governance of a country. Thus, the EU’s vision of democracy comprises several principles: political equality, representative and participative democracy, which include fair elections, separation of power, effective checks and balances. However, despite the EU’s efforts to promote human rights, rule of law and democracy, some member States are still lagging behind the overall positive achievement. Hungary, who pick up illiberal democracy over established European values, has become the focus of attention.


Author(s):  
Artur Nowak-Far

AbstractAt present, the European rule of law enforcement framework under Article 7 TEU (RLF) is vulnerable to unguaranteed, discretionary influences of the Member States. This vulnerability arises from its procedural format which requires high thresholds in decision-making with the effect that this procedure is prone to be terminated by the EU Member States likely to be scrutinized under it, if only they collude. Yet, the Framework may prove effective to correct serious breaches against human rights (in the context of ineffective rule of law standards). The European Commission is bound to pursue the RLF effectiveness for the sake of achieving relative uniformity of application of EU law (at large), and making the European Union a credible actor and co-creator of international legal order. The RLF is an important tool for the maintenance of relative stability of human rights and the rule of law in the EU despite natural divergence propensity resulting from the procedural autonomy of the EU Member States. By achieving this stability, the EU achieves significant political weight in international dialogue concerning human rights and the rule of law and preserves a high level of its global credibility in this context. Thus, RLF increases the EU’s effectiveness in promoting the European model of their identification and enforcement.


2006 ◽  
Vol 19 (3) ◽  
pp. 753-772 ◽  
Author(s):  
MIELLE BULTERMAN

Under the UN sanctions regime of Resolution 1267, UN member states are obliged to freeze the assets of persons and entities which are associated with Usama bin Laden, and which therefore reason have been listed by the UN. Within the European Union this ‘UN sanctions list’ is implemented by means of a Community regulation, having direct effect in all EU member states. The regulation was challenged by several individuals and an organization, which were added to the UN sanctions list on the basis of their association with al Qaeda. The regulation was challenged on two grounds. First, the applicants claimed that the Community did not have the competence to adopt the contested regulation. In the second place, the applicants claimed that the Community regulation infringed their human rights (right to property, right of access to court). Thus the CFI was asked to determine to what extent it is competent indirectly to review measures adopted under the UN Charter. This delicate legal question is answered in a lengthy judgment, the legal reasoning of which is not always convincing.


Health Policy ◽  
2008 ◽  
Vol 86 (2-3) ◽  
pp. 222-233 ◽  
Author(s):  
Tom Goffin ◽  
Pascal Borry ◽  
Kris Dierickx ◽  
Herman Nys

2010 ◽  
Vol 2 (1) ◽  
pp. 86-100 ◽  
Author(s):  
Emma Haddad

AbstractWhile humanitarian intervention in cases of state instability remains a disputed concept in international law, there is consensus in the international community over the need to provide protection to refugees, one of the corollaries of such instability. Using the European Union (EU) as a case study, this article takes a policy perspective to examine competing conceptions of both 'responsibility' and 'protection' among EU Member States. Responsibility can be seen either as the duty to move refugees around the EU such that each Member State takes its fair share, or the duty to assist those Member States who receive the highest numbers of migrants due to geography by way of practical and financial help. Similarly, protection can imply that which the EU offers within its boundaries, encompassed within the Common European Asylum System, or something broader that looks at where people are coming from and seeks to work with countries of origin and transit to provide protection outside the Union and tackle the causes of forced migration. Whether one or both of these concepts comes to dominate policy discourse over the long-term, the challenge will be to ensure an uncompromised understanding of protection among policy-makers.


Health Policy ◽  
2007 ◽  
Vol 83 (2-3) ◽  
pp. 223-235 ◽  
Author(s):  
Herman Nys ◽  
Loes Stultiëns ◽  
Pascal Borry ◽  
Tom Goffin ◽  
Kris Dierickx

We have entered the sixteenth year of the publication Contemporary Military Challenges with a wish to mark a few important anniversaries. In 2004, Slovenia joined the European Union and became a NATO member. Slovenia has thus been an active member of two distinguished international organisations for ten years. At the same time, this denotes a decade of active participation of Slovenian Armed Forces members in international operations and missions organised by the Alliance. In addition, it is the year in which the Slovenian Armed Forces reached the full age of its presence in the international environment. Eighteen years ago, in May 1997, twenty five members of Slovenian Armed Forces medical unit were deployed to a peace operation ALBA in Albania. If we look deeper into the past, Slovenian General Rudolf Maister was born one hundred and forty years ago. He significantly influenced the evolution of developments before World War I, but mostly Slovenian national consciousness. This year marks the hundredth anniversary of the beginning of World War I. The anniversary itself or the reasons for it are certainly not motivational – quite the opposite. It was an event on a worldwide scale which caused a great number of deaths and thus represented a devastating catastrophe. At that time, people did not even imagine what wars could bring for the future generations. All these anniversaries, and more could be found, impacted the substantive premise of this year’s issues. This is, of course, not because we would wish to turn backwards and deal with the historical issues. After all, we are the “Contemporary Military Challenges”. What mainly interests us is what have we learned from these examples and experiences. Is today’s situation any different because of them? Are we any better? For this purpose, we have published on our Slovenian (http://www.slovenskavojska. si/publikacije/sodobni-vojaski-izzivi/) and English (http://www.slovenskavojska. si/publikacije/sodobni-vojaski-izzivi/) websites an invitation for authors who would wish to deal with this subject. We are an interdisciplinary scientific and technical publication, which publishes articles on topical issues, research and expert discussions, as well as on technical and social science analyses covering the fields of international and national security and defence; global security challenges; crisis management; civil-military cooperation, and operations, development and transformation of the armed forces. The main topics that entertain our interest have been incorporated into the titles of individual issues. This year’s second issue will be entitled “Recent education and training trends in security, defence and military sectors”, the third one “Ten years of Slovenia’s NATO membership”, and the fourth one “100th anniversary of the beginning of World War I - have we learned anything from the conflicts in the past 100 years”. This year’s first issue was reserved for the topics suggested by the authors and we have received some very interesting articles. Ljubo Štampar in his article entitled Respect for human rights and fundamental freedoms in armed forces of EU member states: approaches, practices and mechanisms presents, in relation to the armed forces, the human rights and freedoms as the foundations of modern democratic societies. He compares freedom of speech, right to announce candidacy in the election or join political parties, freedom of association, freedom of trade unions and right to strike in individual EU member states. Vinko Vegič in his article The role of armed forces in Europe: from territorial defence to various security tasks establishes that two of the most important changes in the role of the armed forces include the need for a defence of the territory, and the appearance of some relatively differing and often poorly defined tasks. Countries have to adapt their defence doctrines and military structure to these two subjects, whereby the public (potentially) plays a decisive role. The young, patriotism and national security: armed forces as a pillar of patriotic structures is the article by Vladimir Prebilič and Jelena Juvan. The authors base their findings on the circumstances already described by Vinko Vegič, and establish the relation among the system of national security, values and patriotism among young people in Slovenia. Do the results of the survey represent a cause for concern? The transformation of armed forces has been a topical issue, especially in the recent two years, and has intrigued Mihael Nagelj enough to verify the theoretical and practical understanding of this notion in the defence system. His findings are presented in the article entitled Defence sector transformation: as understood in the world and Slovenia. Tomaž Pajntar, the author of the article Security of buildings in the event of a terrorist bomb attack writes about a blast as a result of an explosion and its effects on the buildings and their security. He carefully analyses and illustrates the laws of explosions, the knowledge of which is very important in the provision of building security. In her article entitled Information management and network collaboration in the Slovenian Armed Forces – a necessity or only a topical issue, Dragica Dovč presents the theory and practice of terms that at first seem very familiar. However, the results of her survey based on the case of the Slovenian Armed Forces, reveal that this field of work is still fairly unexplored. So, here is one more reason for other friends of defence and military topics to join the group of writers.


2016 ◽  
Vol 4 ◽  
pp. 403-407
Author(s):  
Juris Rozenvalds

Russian-speaking communities in the member states of the European Union (EU), especially the Baltic States and Germany, have earned special attention, in recent years, as subjects of important integration policies, on one hand, and the main targets of Russia’s propagandist efforts, on the other. Because a significant part of Russian-speaking communities accepted these efforts, questions were raised concerning the effectiveness of previous integration policies to strengthen the national identity and invoke a feeling of political togetherness. Thus the factors fostering and triggering integration and the relations between civic and ethnocultural components of integration are of wide interest. This paper presents a case study of Latvia, as a country with the highest share of Russian-speaking citizens among the EU member states and a clear prevalence of ethnocultural components in its integration policies in recent years. The study examines the successes and failures of the integration policies of Latvia during the last twenty-five years, using mainly direct observations and sociological data collected during the last twenty years. The results show that language knowledge, citizenship status, and socioeconomic conditions play an important role in integration. In addition, these factors appear more effective with development of inclusive political practices and civil society structures, cooperative discourse, and facilitation of mutual trust between ethnolinguistic communities.


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