scholarly journals Democratization as a Protective Layering for Crimes Against Humanity: The Case of Myanmar

2020 ◽  
Vol 14 (3) ◽  
pp. 69-89
Author(s):  
Anna Plunkett
Keyword(s):  
Human Rights ◽  
International Community ◽  
The State ◽  
Crimes Against Humanity ◽  
Regime Transition ◽  
Democratic Regime ◽  
Human Rights Abuses ◽  
Democratic Practice ◽  
History Of

Myanmar has a history of state sanctioned violence against its own people. However, as the regime transition occurs the methods of conducting such violence have also changed. This has not led to an end to violence but an alteration in the methods used by the state. What can be identified is the use of democratic regime transition to legitimise the state’s actions whilst delegitimising the plight of communities that have historically resisted the state. By engaging in the minimal standards of democratic practice whilst developing relations with the international community on the basis of trade, Myanmar has been able to create a protective layering system for its continued human rights abuses within its borderlands. This paper will analyse how Myanmar has effectively coopted the international community into ignoring the continuation of human rights abuses by creating an effectives market for its valuable resources. It will focus on the cases in Karen and Kachin State, two sub-regions within Myanmar that have experienced prolonged conflict and where human rights abuses continue with little oversight from the international community.

Mexico’s Living Dead

2016 ◽  
Vol 3 (2) ◽  
Author(s):  
Rosa-Linda Fregoso
Keyword(s):  
Human Rights ◽  
Organized Crime ◽  
The State ◽  
Crimes Against Humanity ◽  
Social Violence ◽  
Living Dead ◽  
History Of ◽  
And Gender ◽  
Organized Crime Groups ◽  
The Impact

In September 2014, I was as a judge for the Hearing on Feminicide and Gender Violences organized by the Permanent People’s Tribunal in Chihuahua, Mexico. Although the levels of social violence and insecurity have touched the lives of everyone, the impact has been most devastating for women. For three days we heard testimonies from victims of feminicide, disappearances and trafficking, structural violence, forced exile, domestic violence, sexual violence, and persecution as human-rights defenders. We heard repeated references to the police’s and military’s long history of violating human rights with impunity, to the complicity of the state authorities with organized crime, to cartel infiltration at all levels of government, to a <i>narco-maquina</i> (narco-machine) currently ruling Mexico. It became exceedingly difficult to determine whether it was agents of the state or organized crime groups that were perpetrating these crimes against humanity.  

THE ROLE OF THE UNITED NATIONS IN PREVENTING HUMAN RIGHTS AND SEXUAL ABUSE IN JAMMU-KASHMIR CONFLICT

2021 ◽  
pp. 1-15
Author(s):  
Foday Yarbou
Keyword(s):  
Human Rights ◽  
International Community ◽  
Theoretical Explanation ◽  
Territorial Disputes ◽  
Jammu And Kashmir ◽  
Human Rights Abuses ◽  
The People ◽  
Human Rights Abuse ◽  
United Nation

AbstractThe conflict between Jammu and Kashmir has acquired a multifaceted character. On one hand, the conflict involves national and territorial contestations between India and Pakistan, and on the other, it entails different kinds of human rights abuses and various political demands by religious, linguistic, regional, and ethnic groups in both parts. This article aims to portrait the images and human rights abuses meted on the people of Jammu and Kashmir. It also urges and pleads to India and Pakistan and all those countries who are taking part directly or indirectly in the territorial disputes or conflict in the region of Jammu and Kashmir to end the conflict. Human rights abuse such as torture, rape, sexual harassment, murder, and unnecessary killings of the people of this region were all condemned by the author of this article. He further requests the international community such as the United Nation to take a bold step in settling the conflict in that region by passing an effective resolution at the international level that will put an end to the conflict. In this article, the author uses a qualitative research method to explore different journals and write up of scholars in finding tangible solutions to the conflict in Jammu and Kashmir. The author also uses a theoretical explanation in the article. The result of this article intends to see that all the main concerning points raised in this write-up are fully considered and implemented by the United Nation in bringing peace and stability in the region of Jammu and Kashmir. Conflict in this region has become a worrying issue in the international community and the necessary steps should be taken to bring it to halt.

Accountability, asbestos and indigenous rights: The case of Baryulgil

2011 ◽  
Vol 16 (4) ◽  
pp. 439-457 ◽  
Author(s):  
Lee C. Moerman ◽  
Sandra L. van der Laan
Keyword(s):  
Human Rights ◽  
New South ◽  
Indigenous Rights ◽  
Environmental Issues ◽  
Historical Study ◽  
Corporate Accountability ◽  
Human Rights Abuses ◽  
South Wales ◽  
Corporate Entity ◽  
History Of

This paper documents the history of paternalistic state policies and the effects of asbestos mining on the Indigenous community at Baryulgil in northern New South Wales. Despite the lack of profitability, the asbestos operations continued for over 30 years leaving a legacy of asbestos-related health and environmental issues. The shift of responsibility for Indigenous welfare from the State to a corporate entity is evidenced in this historical study using the lens of historical institutionalism. The Baryulgil case is instructive in a number of ways: it demonstrates the subtlety with which human rights abuses can occur in an environment where paternalistic attitudes towards Indigenous peoples prevail; it demonstrates the clash between pursuit of corporate objectives and human rights; and finally it demonstrates the lack of corporate accountability in the asbestos industry.

scholarly journals The Kilwa Massacre: Critical Analysis for a Southern Criminology

2020 ◽  
Vol 9 (4) ◽  
pp. 135-147
Author(s):  
Kim Lah ◽  
Anthony Collins
Keyword(s):  
Human Rights ◽  
Democratic Republic ◽  
Structural Violence ◽  
Colonial Power ◽  
Human Rights Abuses ◽  
Criminal Violence ◽  
Political Interests ◽  
Republic Of The Congo ◽  
History Of ◽  
International Systems

This paper explores the 2004 Kilwa massacre in the Democratic Republic of the Congo (DRC) through a decolonial perspective, explaining how the massacre is situated within the history of colonial power and global capitalist relations. As such, the convergence of mining and political interests that created the context in which this violence was possible is examined, rather than the specific human rights abuses committed during the massacre. This approach highlights how such acts of violence are an ongoing factor of colonial and postcolonial exploitation, as well as the difficulties in holding the responsible parties accountable. This investigation shows the importance of developing a decolonial Southern criminology that contextualizes human rights abuses within local and international systems of power and locates acts of criminal violence within the broader networks of structural violence.

How Faith-Based Human Rights Work Gets Done in Moscow

2021 ◽  
Vol 120 (828) ◽  
pp. 280-286
Author(s):  
Melissa L. Caldwell
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
The State ◽  
Faith Based ◽  
History Of ◽  
Religious Activism

Churches and other faith-based communities have taken the lead in the human rights sector in Russia. At a time when many secular activists have been harassed, imprisoned, forced into exile, and even murdered, interfaith partnerships working on civil rights for minorities and migrants have been tolerated and officially recognized. Part of a long history of civic–oriented religious activism, they benefit from their legacy as moral leaders. While some religious activists have publicly challenged the Russian state’s authority and values, most have been careful to present themselves as partners of the state, even if their beliefs are not always fully aligned.

International Criminal Court

2015 ◽  
Vol 3 (9) ◽  
pp. 41-51
Author(s):  
Charles B.A Ubah ◽  
Osy E. Nwebo
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
Justice System ◽  
International Criminal ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Human Rights Abuses ◽  
National Courts ◽  
Domestic Jurisdiction ◽  
National Governments

The principle of domestic jurisdiction in international law makes national governments responsible for protecting their citizens, investigating alleged abuses of human rights in their countries and bringing the perpetrators to justice. They governments may also extradite those accused of abuse of human rights to any other states prepared to give them a fair trial. Problem arises however, when governments are unable or unwilling to perform this duty or are themselves perpetrators of these crimes. Thus, millions of people have fallen victims of genocide, crimes against humanity and serious violations of humanitarian laws. But only very few of these perpetrators have been brought to justice in national courts as many governments claim sanctuary under the principle of domestic jurisdiction. The need therefore arises for the international community to act in order to protect helpless or defenseless citizens from being victims of crimes against humanity and human rights abuses, by bringing the perpetrators of these crimes to justice. The thrust of this article therefore, is that the creation of the International Criminal Court (ICC) fills this void by fulfilling a central and pivotal goal in international jurisprudence. This article, therefore, provides insights and lessons into the history and prospects of the International Criminal Court. These are insights and lessons that are too important and too costly to ignore in the 21st century understanding of international criminal justice system.

Legislating Civil and Human Rights Education

2020 ◽  
pp. 80-108
Author(s):  
Claire Whitlinger
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Large Scale ◽  
State Level ◽  
The State ◽  
Human Rights Education ◽  
Causal Connection ◽  
Holocaust Education ◽  
History Of ◽  
New Generation

This chapter investigates the causal connection between the 2004 commemoration and another racially significant transformation: Mississippi Senate Bill 2718, an education bill mandating civil rights and human rights education in Mississippi schools. Providing historical perspective on the legislation—the first of its kind in the country—the chapter traces its origins to the fortieth anniversary commemoration in Philadelphia, Mississippi in 2004. After providing a brief history of school desegregation in Mississippi and previous efforts to mandate Holocaust education in the state, the chapter demonstrates how the 2004 commemoration and subsequent civil rights trial mobilized a new generation of local memory activists. When joined with institutional resources at the state-level, these developments generated the commemorative capacity for local organizers to institutionalize civil rights memory through curricular change. Thus, in contrast to other multicultural or human rights education mandates, which have typically been outgrowths of large-scale progressive social movements or the diffusion of global norms, Mississippi’s civil and human rights education bill emerged out of local commemorative efforts.

The Search for Human Rights in Tax

2019 ◽  
pp. 115-134
Author(s):  
Allison Christians
Keyword(s):  
Human Rights ◽  
International Community ◽  
The State ◽  
Tax Policies ◽  
Individual Rights ◽  
Policies And Practices

This chapter explores the prospects for bringing legal claims seeking accountability for human rights harms due to tax policies and practices. There are a number of ways in which an individual may raise a claim that their rights have been violated in connection with taxation, each of which generally depends on some recognized relationship between the claimant and the person, entity, or institution being asked to remedy the perceived wrong. Meanwhile, there are at least three distinct kinds of relationships involving the state that could theoretically give rise to human rights claims in respect of tax. These three relationships are those among, first, individuals and their own states; second, individuals and foreign states; and, third, states among themselves as members of the international community. In each case, organizations may be formed to represent the interests of individuals, but at stake in all cases is the protection of individual rights.

From Shame to New Name: How Naming and Shaming Creates Pro-Government Militias

2020 ◽  
Vol 64 (4) ◽  
pp. 906-918
Author(s):  
Lora DiBlasi
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Community ◽  
Human Rights Abuses ◽  
Amnesty International ◽  
New Name ◽  
The Creation ◽  
The United Nations ◽  
Naming And Shaming

Abstract Researchers have identified naming and shaming as a strategy used by the international community to reprimand state leaders for their repressive actions. Previous research indicates that there is variation in the success of this tactic. One reason for the heterogeneity in success is that leaders with an interest in repressing opposition but avoiding international condemnation have adapted their behavior, at least partially, to avoid naming and shaming. For instance, some states choose to create and utilize alternative security apparatuses, such as pro-government militias (PGMs), to carry out these repressive acts. Creating or aligning with PGMs allows leaders to distance themselves from the execution of violence while reaping the rewards of repression. This analysis explores this dynamic. In particular, I examine how naming and shaming by Amnesty International and the United Nations Commission on Human Rights influences the creation of PGMs to skirt future international condemnation by the offending state for all states from 1986 to 2000. I find that countries are more likely to create PGMs, especially informal PGMs, after their human rights abuses have been put in the spotlight by the international community.

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