The Aylwin Government and 'Tutelary' Democracy: A Concept in Search of a Case?

1992 ◽  
Vol 34 (4) ◽  
pp. 119-194 ◽  
Author(s):  
Rhoda Rabkin

The Literature on democratic transitions suggests two opposite sorts of dangers that the successful democratizer must avoid: too much uncertainty on the one hand, and too little on the other. The first can lead to conflict, violence, and abortive transitions (Karl and Schmitter, 199D; while the second means there is no democracy at all, but leads to something less which has been variously called: "tutelary democracy," "electoralism," or "democradura."Before the government of Patricio Aylwin took office in Chile in March 1990, most observers anticipated that the return to democracy would bring considerable social conflict and political instability. Expressing a widely held view, one expert wrote: "Any return to democracy in Chile would entail vocal demands, from a variety of social groups and movements, to reverse the policies instituted by the regime since 1973" (Loveman 1986-87:29). The need to confront human rights abuses during the military government was another potentially explosive political issue.

2020 ◽  
Vol 2020 (55) ◽  
pp. 381-395
Author(s):  
Agnieszka Nitza-Makowska

After two democratic transitions of power in 2013 and 2018, Pakistan remains a hybrid regime. The military-security establishment continues to control key policies in the country. The causes of this imbalance of control are (i) the lack of capable political elites, (ii)an unofficial alliance between military-security establishment and religious organisations, (iii)external threats. On the one hand, these threats result from geopolitics that doesnot depend on Islamabad; on the other hand, they are escalated by the military-securityestablishment to legitimise its dominant position.


2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Nkatha Kabira ◽  
Robert Kibugi

On 27 August 2010 Kenyans celebrated the promulgation of a new Constitution. This Constitution aimed at fundamentally transforming the governance framework through far-reaching institutional, administrative, legal and policy reforms. Ten years later this Constitution was put to the test when the government of Kenya reported the first COVID-19 case. In this article the authors argue that even though Kenya put in place a transformative Constitution intended to consolidate the rule of law, democracy, human rights and governance, the government's response to the COVID-19 pandemic questioned the transformative character of the Constitution and exposed inherent contradictions embodied in the Constitution. The article demonstrates that the Constitution is a double-edged sword, a site of tension and contradiction, on the one hand, and a site of hope and transformation, on the other.


Author(s):  
Idayat Hassan

The departure in 1999 of the military regime in Nigeria restored hope for human rights that was grossly abused by successive military regimes. Regrettably, after eighteen years, it is not yet uhuru for Nigerians. Human rights violations remain rife. Particularly worrying is the government security operatives’ abuse of rights with the resultant casualties. Security agencies have been repeatedly accused of extensive human rights abuses and extrajudicial killings. The number of incidents of human rights violations in Nigeria’s democracy has become a major concern. More disconcerting is that the justice sector has not effectively addressed the issue, largely due to the disregard of lawful processes and orders by the Nigerian state and its machinery. This chapter sets out to analyze and highlight the patent issues of human rights.


2018 ◽  
pp. 138-155
Author(s):  
José Jaime Peláez Berbell

This article contrasts two viewpoints about education during the Spanish Bourbon Restoration: on the one hand, the official one of the Government, and on the other hand, that of the Institución Libre de Enseñanza (Free Educational Institution), especially regarding the pedagogical ideas of one of its members, Rafael de Labra (1840–1918). After a brief overview through the educational landscape in Spain during 19th century, it is mentioned the Public Instruction Act of 1857. Next the main features of the educational system of the Restoration are summarised and it is also taken into account the alternative offered by the Institución. As to Labra’s insight on education, three main ideas are underlined: that education must be a main political issue; that academic freedom must be warranted; and that primary education must be the keystone of any educational system, due to its importance in forming the ethical and moral character of the person.


2013 ◽  
Vol 2 (2) ◽  
pp. 266-293 ◽  
Author(s):  
Mariagiulia Giuffré

In Abu Qatada v UK, the European Court of Human Rights (ECtHR) held that deportation with assurances would not be in violation of Article 3 (prohibition of torture) of the Convention. Rather it found that deportation would breach one of the qualified, derogable rights of the Convention, Article 6 (right to a fair trial), because of the real risk that torture-based evidence would be admitted at the applicant’s retrial in Jordan. After an overview of Abu Qatada’s long-standing legal battle before and after the ECtHR’s decision, this article argues that reliance on diplomatic assurances on the fair treatment of the returnee enhances the risk that human rights are redefined into a political issue where power is delegated to the executive and security sphere. It concludes that the general image of the ECtHR, one year after Abu Qatada, is one of a tightrope walker nimbly (yet not always convincingly) keeping the equilibrium between, on the one hand, the effort to protect human rights, and on the other hand, the exigency to uphold States’ needs to combat terrorism at all costs, even cooperating on deportation with countries that notoriously violate human rights.


2011 ◽  
Vol 5 (3) ◽  
pp. 265-291
Author(s):  
Manuel A. Vasquez ◽  
Anna L. Peterson

In this article, we explore the debates surrounding the proposed canonization of Archbishop Oscar Romero, an outspoken defender of human rights and the poor during the civil war in El Salvador, who was assassinated in March 1980 by paramilitary death squads while saying Mass. More specifically, we examine the tension between, on the one hand, local and popular understandings of Romero’s life and legacy and, on the other hand, transnational and institutional interpretations. We argue that the reluctance of the Vatican to advance Romero’s canonization process has to do with the need to domesticate and “privatize” his image. This depoliticization of Romero’s work and teachings is a part of a larger agenda of neo-Romanization, an attempt by the Holy See to redeploy a post-colonial and transnational Catholic regime in the face of the crisis of modernity and the advent of postmodern relativism. This redeployment is based on the control of local religious expressions, particularly those that advocate for a more participatory church, which have proliferated with contemporary globalization


Edupedia ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 55-64
Author(s):  
Agus Supriyadi

Character education is a vital instrument in determining the progress of a nation. Therefore the government needs to build educational institutions in order to produce good human resources that are ready to oversee and deliver the nation at a progressive level. It’s just that in reality, national education is not in line with the ideals of national education because the output is not in tune with moral values on the one hand and the potential for individuals to compete in world intellectual order on the other hand. Therefore, as a solution to these problems is the need for the applicationof character education from an early age.


2010 ◽  
Vol 27 (3) ◽  
pp. 1-23 ◽  
Author(s):  
Marie-Luisa Frick

Against the background of the trend of Islamizing human rights on the one hand, as well as increasing skepticism about the compatibility of Islam and human rights on the other, I intend to analyze the potential of Islamic ethics to meet the requirements for vitalizing the idea of human rights. I will argue that the compatibility of Islam and human rights cannot be determined merely on the basis of comparing the specific content of the Islamic moral code(s) with the rights stipulated in the International Bill of Rights, but by scanning (different conceptions of) Islamic ethics for the two indispensable formal prerequisites of any human rights conception: the principle of universalism (i.e., normative equality) and individualism (i.e., the individual enjoyment of rights). In contrast to many contemporary (political) attempts to reconcile Islam and human rights due to urgent (global) societal needs, this contribution is solely committed to philosophical reasoning. Its guiding questions are “What are the conditions for deriving both universalism and individualism from Islamic ethics?” and “What axiological axioms have to be faded out or reorganized hierarchically in return?”


Author(s):  
Dolores Morondo Taramundi

This chapter analyses arguments regarding conflicts of rights in the field of antidiscrimination law, which is a troublesome and less studied area of the growing literature on conflicts of rights. Through discussion of Ladele and McFarlane v. The United Kingdom, a case before the European Court of Human Rights, the chapter examines how the construction of this kind of controversy in terms of ‘competing rights’ or ‘conflicts of rights’ seems to produce paradoxical results. Assessment of these apparent difficulties leads the discussion in two different directions. On the one hand, some troubles come to light regarding the use of the conflict of rights frame itself in the field of antidiscrimination law, particularly in relation to the main technique (‘balancing of rights’) to solve them. On the other hand, some serious consequences of the conflict of rights frame on the development of the antidiscrimination theory of the ECtHR are unearthed.


Author(s):  
Christine Cheng

During the civil war, Liberia’s forestry sector rose to prominence as Charles Taylor traded timber for arms. When the war ended, the UN’s timber sanctions remained in effect, reinforced by the Forestry Development Authority’s (FDA) domestic ban on logging. As Liberians waited for UN timber sanctions to be lifted, a burgeoning domestic timber market developed. This demand was met by artisanal loggers, more commonly referred to as pit sawyers. Out of this illicit economy emerged the Nezoun Group to provide local dispute resolution between the FDA’s tax collectors and ex-combatant pit sawyers. The Nezoun Group posed a dilemma for the government. On the one hand, the regulatory efforts of the Nezoun Group helped the FDA to tax an activity that it had banned. On the other hand, the state’s inability to contain the operations of the Nezoun Group—in open contravention of Liberian laws—highlighted the government’s capacity problems.


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