Human Rights and States of Emergency

Reified Life ◽  
2018 ◽  
pp. 123-147
Author(s):  
J. Paul Narkunas
Keyword(s):  
Human Rights ◽  
Natural Rights ◽  
Human Suffering ◽  
Human Being ◽  
States Of Emergency ◽  
Governmental Organizations ◽  
Nation States ◽  
Non Governmental Organizations ◽  
Humanitarian Interventions ◽  
State Actors

This chapter diagnoses how humanitarian non-governmental organizations are filling a vacuum created ironically by governments outsourcing their governing functions that marks a transformation of the Westphalian order of states by neoliberalism. The proliferation of non-state actors facilitates the politicization of human rights around how to recognize who or what is a human being endowed with natural rights, and who is a terrorist, outlaw, or posthuman. By tracing the connections between human rights and governmentality, human rights advocates must acknowledge their cozy relationship with powerful militaries, which has resulted in humanitarian interventions using the language of rights to justify neocolonial projects that often intensify human suffering. Humanitarianism may function as a deterritorialized form of governmentality that offers a theatrical illusion of protection and security, while undermining their possibilities structurally. Powerful states not only use human rights and humanitarian legitimations for their particularist geopolitical and economic ends, but also direct humanitarian NGOs strategically by proxy for their own interests. In the process the very idea of securing humans becomes instrumentalized as a form of outsourced governance that can be a model eventually for “expendable people” within nation-states.

scholarly journals Disasters and non-state actors – human rights-based approaches

2017 ◽  
Vol 26 (5) ◽  
pp. 526-539 ◽  
Author(s):  
Marlies Hesselman ◽  
Lottie Lane
Keyword(s):  
Human Rights ◽  
Disaster Management ◽  
International Human Rights Law ◽  
Management Activity ◽  
Content Type ◽  
Roles And Responsibilities ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Regulatory Instruments ◽  
State Actors

Purpose The purpose of this paper is to examine the roles and responsibilities of non-state actors (NSAs) in contributing to disaster governance from an international human rights law (IHRL) perspective. In particular, it examines how non-governmental organizations (NGOs) and business enterprises are implicated. Design/methodology/approach The paper analyzes a range of IHRL instruments, particularly treaties and international soft-law documents, and it utilizes the concepts “human rights-based approaches” (HRBAs) and “direct”/“indirect” human rights obligations to frame and understand how IHRL responsibilities for NSAs arise from these instruments. Findings IHRL not only includes relevant standards for NSAs in the area of disaster management, but NGOs and businesses also actively engage with IHRL and HRBAs by means of (soft) self-regulatory instruments to further clarify their responsibilities. Research limitations/implications The findings are of interest to all actors involved in disaster governance, and are instructive for NGOs and businesses seeking to improve the design of disaster management activity. The research addresses only the responsibility of NGOs and private companies, but the framework of analysis set out is equally of interest to other actors’ activities. Originality/value The implications of IHRL for NSAs involved in disaster management are still poorly understood, despite their vast engagement. This study contributes by clarifying the roles and IHRL responsibilities of NGOs and businesses specifically, and articulates how applications of HRBAs may improve the protection of persons.

Book VI Alternative (Including Track 2) Diplomacy, 28 Non-Governmental Organizations (NGOs) and Violent Non-State Actors (VNSAs)

2016 ◽  
Author(s):  
Roberts Ivor
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Single Issue ◽  
Governmental Organizations ◽  
Opposite Pole ◽  
Non Governmental Organizations ◽  
Criminal Organizations ◽  
State Actors

This chapter examines both non-governmental organizations (NGOs) and violent non-state actors (VNSAs). NGOs come in many shapes and sizes. Many have a charitable base and some will have humanitarian or human rights objectives; others focus on sustainable development and aid. Often their concern will be a single issue. Their objectives are focused and invariably single-minded, less able or willing to take into account other aspects. As a result, their relationship with governments, although sometimes harmonious, may be one of tension and occasionally confrontation. VNSAs, meanwhile, represent other categories of non-state actors whose activities are at the opposite pole to those whose benign activity has been described above and where states have lost their monopoly. Their categories number warlords, militias, insurgencies, and criminal organizations, including pirates and people traffickers.

scholarly journals Detention of Refugee Children in Malaysia and Thailand

2019 ◽  
Vol 3 (1) ◽  
pp. 59
Author(s):  
Samitra Parthiban ◽  
Khoo Ying Hooi
Keyword(s):  
Human Rights ◽  
Refugee Children ◽  
Refugee Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Governmental Organizations ◽  
Legal Method ◽  
Non Governmental Organizations ◽  
State Actors ◽  
Rights Issues

The refugee issue in Malaysia and Thailand is one of the most protracted human rights issues that both countries face. Regardless of abundant requests and advocacies by non-state actors, both locally and internationally, to persuade the governments of Thailand and Malaysia to provide protection to refugees, the fate of these refugees remain uncertain. One of the key limitations for the human rights protection of the refugees is that both countries did not sign the 1951 Refugee Convention or its 1967 Protocol, moreover, both Thailand and Malaysia do not treat the refugee issue as a domestic problem. This paper examines the detention of refugee children in Malaysia and Thailand with the main intention to advocate for the method of Alternatives to Detention (ATD) as a solution to the shortcomings in a legal method. Based on that, this paper first explores the human rights situation of refugee children in detentions by looking into the current detention practices of both countries. Secondly, this paper examines the strategies and tactics of how the local Non-Governmental Organizations (NGOs) advocate and convince their governments to adopt the approach of ATD.

Stigmatization and Discrimination of HIV/AIDS Women in Kenya: A Violation of Human Rights and its Theological Implications

Exchange ◽  
2008 ◽  
Vol 37 (1) ◽  
pp. 35-51 ◽  
Author(s):  
Philomena Njeri Mwaura
Keyword(s):  
Human Rights ◽  
Health Care Systems ◽  
Governmental Organizations ◽  
Aids Epidemic ◽  
Nation States ◽  
Non Governmental Organizations ◽  
Care Systems ◽  
And Gender ◽  
The Church ◽  
Hiv Aids

AbstractDespite spirited efforts by the African governments, the church, faith based organizations, non-governmental organizations, individuals and communities, available statistics confirm that the AIDs epidemic continues to advance. This has been exacerbated by grinding poverty, patriarchal gender power relations that render women powerless, damaging practices supported by both traditional and modern cultures, ineffective health care systems, stigma and discrimination. Women and girl children suffer in greater proportions relative to men. Their human rights have been violated inside and outside the church. There is therefore a need to prioritize women's human rights in order for nation states and individuals to implement successful public health strategies, behaviour change and the restoration and maintenance of human dignity. The church should consistently condemn the sin of stigmatization and discrimination. It should revise its education in this area and develop an ecclesiology that would effectively respond to the HIV/Aids epidemic in a just, loving and gender inclusive manner.

Help or hindrance? The role of humanitarian military interventions in human security NGO operations

2017 ◽  
Vol 40 (2) ◽  
pp. 263-278 ◽  
Author(s):  
Sam R. Bell ◽  
Patricia Blocksome ◽  
Kevin P. Brown ◽  
Amanda Murdie
Keyword(s):  
Human Rights ◽  
Human Security ◽  
Network Ties ◽  
Military Interventions ◽  
Terror Attacks ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Humanitarian Interventions ◽  
Using Data

Existing research shows that the combined presence of non-governmental organizations (NGOs) and military interventions can serve as ‘force multipliers’, leading to improvements in some human security outcomes. In this paper, we examine a couple possible mechanisms that can help to explain why we see these improvements. More specifically, we ask whether this is a result of military intervention aiding in the coordination among NGOs or whether humanitarian interventions, that likely share similar goals with human rights NGOs, provide the security necessary for them to carry out their missions. Using data on military interventions and human rights NGOs, we find that NGOs present in states with humanitarian interventions have more network ties than organizations not in states with interventions. Using the same NGO data and data on terror attacks targeting NGOs, we find less support for the security enhancing effects of humanitarian interventions.

Are human rights archives accessible? Challenges and possible solutions to improve access for Dealing with the Past initiatives

Comma ◽  
2021 ◽  
Vol 2020 (1-2) ◽  
pp. 139-150
Author(s):  
Romain Ledauphin ◽  
Claudia Josi ◽  
Rahel Siegrist
Keyword(s):  
Human Rights ◽  
Truth Commissions ◽  
Records Management ◽  
Maturity Model ◽  
Humanitarian Law ◽  
The Past ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Federal Department ◽  
Definition Of

Records and archives containing information relating to grave violations of human rights and international humanitarian law represent a fundamental source for, and can become trustworthy documentary evidence within, Dealing with the Past (DWP) processes including truth commissions, criminal tribunals, reparation programs, vetting processes and outreach projects. Those intergovernmental organizations (IGOs) and international non-governmental organizations (INGOs) working in the fields of human rights and peace and security are themselves important observers and actors in DWP processes and hence their records and archives are highly relevant to DWP initiatives. Such organizations should therefore be transparent and be able to facilitate DWP processes by granting access to their records. Given the International Council on Archives’ definition of “access” as relating to “… the availability of records for consultation as a result both of legal authorization and the existence of finding aids”, and the experience of swisspeace in advising DWP initiatives on collecting evidence and improving records management capacity, swisspeace together with the Swiss Federal Department of Foreign Affairs developed a roadmap which centres on the development of an “archives accessibility maturity model”. This tool will not only improve hands-on access in practice, but will ultimately improve knowledge about the multi-layered complexity of archives’ accessibility, strengthening the capacity of IGOs, INGOs and DWP initiatives to design and implement their access regulations, and thereby improving DWP initiatives’ ability to make successful access requests.

Evolution of artificial intelligence and its impact on human rights: from sociolegal perspective

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sheshadri Chatterjee ◽  
Sreenivasulu N.S. ◽  
Zahid Hussain
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Government Agencies ◽  
Unique Contribution ◽  
Content Type ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Government ◽  
Unique Study ◽  
Rights Issues

Purpose The applications of artificial intelligence (AI) in different sectors have become agendas for discussions in the highest circle of experts. The applications of AI can help society and can harm society even by jeopardizing human rights. The purpose of this study is to examine the evolution of AI and its impacts on human rights from social and legal perspectives. Design/methodology/approach With the help of studies of literature and different other AI and human rights-related reports, this study has taken an attempt to provide a comprehensive and executable framework to address these challenges contemplated to occur due to the increase in usage of different AI applications in the context of human rights. Findings This study finds out how different AI applications could help society and harm society. It also highlighted different legal issues and associated complexity arising due to the advancement of AI technology. Finally, the study also provided few recommendations to the governments, private enterprises and non-governmental organizations on the usage of different AI applications in their organizations. Research limitations/implications This study mostly deals with the legal, social and business-related issues arising due to the advancement of AI technology. The study does not penetrate the technological aspects and algorithms used in AI applications. Policymakers, government agencies and private entities, as well as practitioners could take the help of the recommendations provided in this study to formulate appropriate regulations to control the usage of AI technology and its applications. Originality/value This study provides a comprehensive view of the emergence of AI technology and its implication on human rights. There are only a few studies that examine AI and related human rights issues from social, legal and business perspectives. Thus, this study is claimed to be a unique study. Also, this study provides valuable inputs to the government agencies, policymakers and practitioners about the need to formulate a comprehensive regulation to control the usage of AI technology which is also another unique contribution of this study.

International Humanitarian Law and Human Rights Law

1993 ◽  
Vol 33 (293) ◽  
pp. 94-119 ◽  
Author(s):  
Louise Doswald-Beck ◽  
Sylvain Vité
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Affairs ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The United Nations

International humanitarian law is increasingly perceived as part of human rights law applicable in armed conflict. This trend can be traced back to the United Nations Human Rights Conference held in Tehran in 1968 which not only encouraged the development of humanitarian law itself, but also marked the beginning of a growing use by the United Nations of humanitarian law during its examination of the human rights situation in certain countries or during its thematic studies. The greater awareness of the relevance of humanitarian law to the protection of people in armed conflict, coupled with the increasing use of human rights law in international affairs, means that both these areas of law now have a much greater international profile and are regularly being used together in the work of both international and non-governmental organizations.

scholarly journals Silencing Their Critics: How Government Restrictions Against Civil Society Affect International ‘Naming and Shaming’

2020 ◽  
pp. 1-22 ◽  
Author(s):  
Hannah Smidt ◽  
Dominic Perera ◽  
Neil J. Mitchell ◽  
Kristin M. Bakke
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Civil Society Organizations ◽  
The Other ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The One ◽  
Naming And Shaming ◽  
Flow Of Information ◽  
Cross National

Abstract International ‘naming and shaming’ campaigns rely on domestic civil society organizations (CSOs) for information on local human rights conditions. To stop this flow of information, some governments restrict CSOs, for example by limiting their access to funding. Do such restrictions reduce international naming and shaming campaigns that rely on information from domestic CSOs? This article argues that on the one hand, restrictions may reduce CSOs’ ability and motives to monitor local abuses. On the other hand, these organizations may mobilize against restrictions and find new ways of delivering information on human rights violations to international publics. Using a cross-national dataset and in-depth evidence from Egypt, the study finds that low numbers of restrictions trigger shaming by international non-governmental organizations. Yet once governments impose multiple types of restrictions, it becomes harder for CSOs to adapt, resulting in fewer international shaming campaigns.

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