Human rights, human security, and state security: the intersection

2015 ◽  
Vol 52 (07) ◽  
pp. 52-3899-52-3899
2020 ◽  
Vol 1 (1) ◽  
pp. 9-15
Author(s):  
Riana Mardila

Abstract. It is now 48 years from the declaration of 1982 Burma Citizenship Law. A law that legally denied the citizenship of (Muslim) Rohingya in Myanmar. It means also that for 48 years (Muslim) Rohingya remains stateless. Their fight over citizenship then becomes a global, or at least a regional challenge in International Relations sphere. In one aspect, their attempt in finding asylum to other countries at some point threaten the (arrival) state’ security. However, in another side, they also fight for their (human) security or even so (human)rights. Both securities are equally important. This article is more an introduction to the Human Security concept that was first initiated in 1994. It starts with a simple question on “how does Human Security explain the issue of Rohingya?” It seeks for key points that Human Security can explain by reflecting on Rohingya as the case study. It aims to give a bigger picture of this conflict interpreted by Human Security concept. Finally, as we are living in the globalization era, this issue is not only a state or regional challenge, but also a global challenge where IR actors can take responsibilities in helping and solving this human insecurity issue. Keywords: Rohingya; Human Security. Abstrak. Telah berlangsung 48 tahun sejak deklarasi Undang-undang Kewarganegaraan Burma 1982. Sebuah undang-undang yang secara hukum menolak kewarganegaraan (Muslim) Rohingya di Myanmar. Itu juga berarti bahwa selama 48 tahun (Muslim) Rohingya tetap tanpa kewarganegaraan. Perjuangan mereka atas kewarganegaraan kemudian menjadi tantangan global, atau setidaknya tantangan regional dalam ranah Hubungan Internasional. Di satu aspek, upaya mereka untuk mencari suaka ke negara lain pada titik tertentu mengancam keamanan (kedatangan) negara. Namun di sisi lain, mereka juga memperjuangkan keamanan (manusia) atau bahkan lebih (hak asasi manusia). Kedua sekuritas itu sama pentingnya. Artikel ini lebih merupakan pengenalan tentang konsep Keamanan Manusia yang pertama kali dimulai pada tahun 1994. Artikel ini dimulai dengan pertanyaan sederhana tentang "bagaimana Keamanan Manusia menjelaskan masalah Rohingya?" Ini mencari poin-poin penting yang dapat dijelaskan oleh Human Security dengan merefleksikan Rohingya sebagai studi kasus. Hal ini bertujuan untuk memberikan gambaran yang lebih besar tentang konflik yang ditafsirkan oleh konsep Human Security. Terakhir, saat kita hidup di era globalisasi, masalah ini tidak hanya menjadi tantangan negara atau regional, tetapi juga tantangan global di mana para aktor IR dapat mengambil tanggung jawab dalam membantu dan menyelesaikan masalah ketidakamanan manusia ini.Kata Kunci. Rohingya; Keamanan Manusia.


Author(s):  
Krystyna Zhevrovska ◽  
◽  
Anastasiia Riaboshapchenko ◽  

The article is devoted to the consideration of the foundations and dynamics of international legal regulation of migration flows through the value legal analysis of the connection between threats to state security from transnational refugee flows. The Author begins with an analysis of the relationship between migration and security, which he proposes to understand as a complex of threats to state sovereignty from migration flows, such as blurring of national identity provided a pronounced ethnic nature of such identity, competition between states to attract human resources through transnational migration flows, and increasing the level of both danger and violence in the presence of migration flows in relation to the conflict (potential or existing). Through an analysis of international agreements – the Convention relating to the Status of Refugees of 1951, and the Convention on Specific Aspects of Refugees in Africa in 1969, the Author concludes that both documents use the same legal technique based on understanding and simultaneously hyperbolizing the link between migration and security of states. International law on refugee status is a balance of the humanitarian idea of protecting human rights in the individual case of legitimate fears of persecution, and security of each state, with a clear advantage of security issues in the legal technique of providing the list of exceptions. This approach had changed at the turn of the twentieth and twenty-first centuries due to the emergence and development of the concept of human security, which leads to a comprehensive understanding of international legal regulation of migration flows: refugee protection provided by the Refugee Convention should be seen in the context of general international obligations of states for the protection of human rights. At present, a respect for human rights as a basis for state security forms the agenda of international institutions, especially those within the UN system. Among regional international agreements, Protocol No 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms is a clear example, based on the priority of human rights in the state’s actions to control migration flows, and it reflects a shift in human rights discourse. The Author predicts that further discourse on the relationship between migration and security, in particular – the control of refugee flows, will take place in the context of human security in the direction of reducing the hyperbolization of threats to migratory flows of security, but the development will depend primarily on existing flows of refugees.


2002 ◽  
Author(s):  
Bertie G. Ramcharan
Keyword(s):  

2018 ◽  
Vol 1 (1) ◽  
pp. 104-127
Author(s):  
Nicoletta Varani ◽  
Enrico Bernardini

Abstract Planetary interdependence makes the task of states and international organizations to guarantee security inside and outside national borders ever more urgent. The tendency is to widen the space from national to international and to conceive of security as multidimensional for the satisfaction of human needs, assumed as priority needs with respect to those of the States. The old concept of national security must today confront the new concept of human security cultivated within the United Nations, which places the fundamental rights of the individual and of people at the centre of attention and lays the foundations for overcoming the traditional politics of power. The concept of human security emphasises the security of the individual and his protection from political violence, war and arbitrariness. It takes account of the strong correlation between peace policy, human rights policy, migration policy and humanitarian policy. The contribution provides, through a series of social indicators such as the Global Peace Index (GPI), Corruption Perceptions Index (CPI) and the World International Security and Policy Index (WISPI), a framework on risk, security, human rights violations in the African continent and examines some significant case studies related to sub-Saharan Africa.


2019 ◽  
Vol 1 (2) ◽  
pp. 103-116
Author(s):  
Olyvia Sindiawaty ◽  
Mercy Marvel

Intelligence Policy has often been heard in the realm of law, especially with government agencies held in Indonesia. One of them is the immigration agency, which is under the auspices of the Ministry of Law and Human Rights. The implementation of the policy is still minimal, although in fact it is contained in article 1 of Law No. 6 of 2011 number 30, as well as article 74. There are still many that need to be addressed, both in the applicable legal rules and with implementation in the field. The fact that sometimes the Immigration Officer is sometimes mixed in its own definition of intelligence and oversight. Are they the same or different and how to distinguish the two. Recognizing the fact that immigration is increasingly compacted by traffic activities in and out of foreigners and citizens and their supervision, a qualified intelligence is needed in maintaining the upholding of the country's sovereignty. It is an obligation, especially for immigration to safeguard the country as stated in the immigration function, is part of the affairs of the state government in providing Immigration services, law enforcement, state security, and community welfare development facilitators. Therefore, immigration should take part in enforcing supervision and security of the state in the field of law. Immigration intelligence which is under the auspices of the Directorate of Intelligence and immigration enforcement should need to be developed more thoroughly as a whole. So, it is hoped that in the future the Indonesian state will have total sovereignty over the country and its own people.


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