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https://openalex.org/W4377012863 | The death penalty: a breach of human rights and ethics of care | [
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] | [] | https://api.openalex.org/works?filter=cites:W4377012863 | “The death penalty is, in our common experience, an atavistic relic from the past that should be shed in the 21st century”, said UN High Commissioner for Human Rights, Volker Türk in April, 2023, during the 52nd session of the Human Rights Council. The death penalty has existed since the Code of Hammurabi, with its history seeped in politics and discrimination. Physicians have been involved throughout this history. In the eyes of the public, the medicalisation and very involvement of physicians renders execution palatable, eroding any natural sense of abhorrence. Yet capital punishment is ineffective as a deterrent and morally wrong. At its core, execution is a barbaric practice that goes against the ethical foundation of the physician's role, and draws medical professionals into the state-sanctioned murder of civilians. On May 15, Amnesty released their global report on death sentences and executions, warning that figures are at their highest for 5 years. Officially documented executions increased by 53%, from 579 in 2021 to 883 in 2022. The world's most prolific executioners in 2022 were: China (thousands), Iran (576), Saudi Arabia (196), Egypt (56), and the USA (18). 93% of global executions, excluding China, were carried out in the Middle East and north Africa. Article 6 of the International Covenant on Civil and Political Rights, an international human rights treaty adopted in 1966, prohibits the use of the death penalty “only for the most serious crimes”. However, executions frequently correlate with areas where dictatorial regimes prevail, often silencing political protest and enforcing views on issues such as drug use and LGBTQ+ identities. In 2022, Amnesty recorded 325 executions for drug-related offences, including 255 in Iran and 57 in Saudi Arabia. Worldwide, 11 countries threaten the death penalty for those in the LGBTQ+ community. Uganda's recent introduction of capital punishment for what it terms “aggravated homosexuality” is being closely followed by other countries in the region. There is no question that capital punishment discriminates intersectionally. The Office of the UN High Commission for Human Rights says that at least 45 people from Iranian minority ethnic groups have been executed in recent weeks. Worldwide, those who are from low socioeconomic backgrounds are disproportionately led to death. The death penalty is the most brutal form of structural, state-sanctioned discrimination, racism, and homophobia. Physicians are involved in executions in several countries. They clinically assess mental competence for execution; physically examine and monitor vital signs before, during, and after execution; and certify death. In extreme cases, physicians take the role of executioner and are implicated in illegal organ procurement from executed prisoners. Many professional bodies have debated and condemned physician participation. The World Medical Association affirms: “it is unethical for physicians to participate in capital punishment, in any way, or during any step of the execution process, including its planning and the instruction and/or training of persons to perform executions”. The American Medical Association's Code of Medical Ethics speaks directly to a physician's ethical responsibility, stating that they should not participate in legally authorised executions, and yet numerous US physicians assist in death row executions. Several human rights organisations, including Physicians for Human Rights, vehemently oppose the participation of health-care professionals in executions. Why then do physicians continue to be complicit? Some argue that they are simply trying to ensure a person's final moments are as safe and pain-free as possible—a moral obligation to reduce suffering. Others assert that in repressive states, physicians are coerced and acting under duress. In many countries that still impose the death penalty (eg, China, Iran, and Saudi Arabia), medical associations remain silent on the ethics of physician involvement. WHO's position on the death penalty is unclear. Its press team was unable to direct The Lancet to any public statements or clarify the organisation's stance before we went to press. This uncertainty creates a dangerous vacuum where global health leadership is urgently needed. The death penalty is inhumane and violates the fundamental right to life. Physician involvement enables this continuing abuse of human rights and undermines the four pillars of medical ethics—beneficence, non-maleficence, autonomy, and justice. Universal condemnation of the death penalty, by physicians and medical associations alike, is an essential step on the path to abolition. For more on death penalties and crime see https://deathpenaltyinfo.org/facts-and-research/murder-rates/murder-rate-of-death-penalty-states-compared-to-non-death-penalty-statesFor more on the 52nd session of the Human Rights Council see https://www.ohchr.org/en/stories/2023/04/hc-death-penalty-should-be-abolished-21st-centuryFor the Amnesty International global report see https://www.amnesty.org/en/documents/act50/6548/2023/en/For more on countries that criminalise the LGBTQ+ community see https://www.humandignitytrust.org/lgbt-the-law/map-of-criminalisation/For more on Iranian minority ethnic groups see https://news.un.org/en/story/2023/05/1136497?utm_source=UN+News+-+Newsletter&utm_campaign=7fe02e52f5-EMAIL_CAMPAIGN_2023_05_09_07_23&utm_medium=email&utm_term=0_fdbf1af606-7fe02e52f5-%5BLIST_EMAIL_ID%5DFor more on illegal organ procurement see https://optn.transplant.hrsa.gov/professionals/by-topic/ethical-considerations/the-ethics-of-organ-donation-from-condemned-prisoners/For more on the World Medical Association statement see https://www.wma.net/policies-post/wma-resolution-on-prohibition-of-physician-participation-in-capital-punishment/For more on the American Medical Association's Code of Medical Ethics see https://code-medical-ethics.ama-assn.org/ethics-opinions/capital-punishment For more on death penalties and crime see https://deathpenaltyinfo.org/facts-and-research/murder-rates/murder-rate-of-death-penalty-states-compared-to-non-death-penalty-states For more on the 52nd session of the Human Rights Council see https://www.ohchr.org/en/stories/2023/04/hc-death-penalty-should-be-abolished-21st-century For the Amnesty International global report see https://www.amnesty.org/en/documents/act50/6548/2023/en/ For more on countries that criminalise the LGBTQ+ community see https://www.humandignitytrust.org/lgbt-the-law/map-of-criminalisation/ For more on Iranian minority ethnic groups see https://news.un.org/en/story/2023/05/1136497?utm_source=UN+News+-+Newsletter&utm_campaign=7fe02e52f5-EMAIL_CAMPAIGN_2023_05_09_07_23&utm_medium=email&utm_term=0_fdbf1af606-7fe02e52f5-%5BLIST_EMAIL_ID%5D For more on illegal organ procurement see https://optn.transplant.hrsa.gov/professionals/by-topic/ethical-considerations/the-ethics-of-organ-donation-from-condemned-prisoners/ For more on the World Medical Association statement see https://www.wma.net/policies-post/wma-resolution-on-prohibition-of-physician-participation-in-capital-punishment/ For more on the American Medical Association's Code of Medical Ethics see https://code-medical-ethics.ama-assn.org/ethics-opinions/capital-punishment | [
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https://openalex.org/W3173858356 | Overview of the concept of human rights in the Muslim world | [
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"https://openalex.org/W3159362433",
"https://openalex.org/W4239923640"
] | https://api.openalex.org/works?filter=cites:W3173858356 | Problem setting. Islam is the youngest Abrahamic religion in the world. Its beginning was laid in the first half of the VII century AD on the territory of the Arabian Peninsula. The Islamic world is a unique regional phenomenon that causes many people to have different and in some cases even opposing views. The issue of human rights in the Islamic world is also much debated. Every day we receive information about the systematic violation of the honor and dignity of a certain category of the population (women, children) in the region. Analysis of recent researches and publications. The article uses the works of well-known experts in the field of Sharia and legal systems of Muslim countries such as: Syukiyaynen L. R., Abdullah ibn Abd al-Mukhsin at-Turki, Zhdanov N. V., Abashidze A. Kh., Abdul Aziiz Olaemi and others. Special attention is paid to the concepts of the Organization of Islamic Cooperation. Target of research. The objective of this work is a general overview of the concept of human rights in the Islamic world. Article`s main body. Analyzed the issues of human rights in different countries where Sharia has a significant impact on their systems of law, namely: Pakistan, Saudi Arabia and Iran. The article notes that despite the significant impact of Sharia law on the legal systems of the above countries, certain human rights standards differ between them. Also, the article reveals the first practice of codifying human rights in muslim insight - the General Islamic Declaration of Human Rights, adopted by the non-governmental organization Islamic Council in Europe. The Organization of Islamic Cooperation (until 2012 - the Organization of the Islamic Conference) (hereinafter - OIC) - is an international intergovernmental organization whose members are representatives of the Muslim world. Thus, the explored activity of the international intergovernmental organization in the field of human rights, namely the Organization of Islamic Cooperation, which unites all Muslim countries of the world and in its activities is guided by the principles of Sharia. The study of the activities of this organization in the field of human rights contains an analysis of sectoral acts (for example, the Dhaka and Cairo Declarations), a study of the activities of bodies of special (Independent Permanent Commission on Human Rights) and general (Islamic Summit) competencies and other issues that relate to the mechanism of promoting and protecting human rights. Conclusions and prospects for the development. The authors came to the conclusion that the concept of human rights in the Islamic world is quite heterogeneous, even in comparison between countries where Sharia is dominant. The authors note the special role of the Organization of Islamic Cooperation as a leading basis in the Islamic doctrine of human rights, as this organization unites all Muslim countries into one monolithic bloc, which leads to the formation of a single Muslim autonomous will, which includes all national doctrines and approaches. | [
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https://openalex.org/W2996557366 | The Role of the Kingdom of Saudi Arabia’s Interaction and Engagement with International Human Rights Law on Improving and Developing Its Human Rights Law | [
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"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W2996557366 | The Kingdom of Saudi Arabia (KSA) has been heavily criticised for not following international human rights law (IHRL) norms, yet a closer examination of changes in the Kingdom in the period 1990 to 2016 show there has been a significant change in approach. This change has occurred even while KSA has maintained that it is only bound by IHRL norms consistent with Shari’ah (Islamic law). In this context, using an empirical examination, this thesis provides original insights into the processes by which the KSA’s engagement with IHRL influences its domestic law, and assesses the adequacy of existing theoretical models in explaining how international law influences a State’s law and practices. Having identified lacunas in the existing literature and empirical research base, this thesis considers four main questions: What changes have there been in the KSA’s law and practice that reflect a greater engagement with IHRL?; What are the factors to which key actors attribute these changes?; To what extent are the changes due to the KSA’s engagement with IHRL?; and Have the IHRL mechanisms been useful from the perspective of promoting and protecting women’s rights? In-depth, semi-structured interviews were conducted with relevant stakeholders. The research found that there has been a significant change in the Kingdom’s approach of dealing with the IHRL: a number of developments in the KSA’s domestic law regarding women’s political and civil rights are the result of its interaction with IHRL, in particular its ratification of the Convention of the Elimination of All Forms of Discrimination against Women (CEDAW). Alongside the role of IHRL, the study emphasises the role of the State’s policymakers in triggering the domestic changes that comply with international norms. The changes in domestic law were also attributed to other internal factors including political and social environment factors. The research concludes that the process of the interaction between the Kingdom and IHRL mechanisms is best explained by the transnational legal process model. Importantly, the study finds that the internalisation of the norms of IHRL into the KSA’s domestic law is more likely to be effective in relation to practices that are seen as influenced by cultural tradition rather than those practices that are viewed as having as basis in religion. This research recommends, because of the importance of Islamic law, further empirical research on the role of Muslims states’ interaction with IHRL on promoting human rights utilising mixed-methods approaches incorporating both large-samples of interviewees and further in-depth case studies. | [] |
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https://openalex.org/W3124749599 | Right to Peace or Human Rights per Se in Islamic States | [
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"Saudi Arabia"
] | [] | https://api.openalex.org/works?filter=cites:W3124749599 | Islamic law (Shari ‘a) permeates every aspect of a devout Muslim’s existence, and a Muslim nation’s practices. Islamic attitudes vary toward the legitimacy of international law and international agreements according clerical and secular, official and unofficial, state-actor and non-state actor laws, policies, and practices. In Islam, laws are generally to be obeyed and agreements kept—with few exceptions—the most notable being those aspects that are contrary to Islam. Shari ‘a law promotes respect for human rights and history is replete with instances where this Islamic doctrine has been demonstrated by the commitment of states with a Shari ‘a influence in favor of peace: the Pact of the League of Arab States; the Arab Charter of Human Rights; the Charter of the Organization of the Islamic Conference; Kevin H. Govern, J.D., LL.M., is an Associate Professor of Law at the Ave Maria School of Law, an Affiliated Faculty and Advisory Board Member for the Center for Ethics and the Rule of Law, University of Pennsylvania Law School, and an Instructor of Legal Studies at the California University of Pennsylvania. He has also served as an Assistant Professor of Law at the United States Military Academy. This Article was presented as a conference paper at the Catholic Contributions to the Foundation of Human Rights, Ave Maria University, Ave Maria, Florida, on March 4, 2011. Under rights reserved by the author to use all or part of this writing in collective works and/or subsequent works of authorship created by the author and/or the author’s institution, and the author’s reserved right to create and reproduce derivative works, certain materials and subjects covered in this Article have appeared as Kevin Govern, A Survey of Islamic Attitudes Towards the Legitimacy of International Law and International Agreements, 2 IND. Y.B. INT’L L. & POL. 53 (2010), and Kevin Govern, Cultural and Legal Influences and Impediments to Cultivating Peace and Human Rights in Islamic States, 2 IMPUNITY WATCH ANN. REV. 54 (2012). Any errors or omissions are solely the responsibility of the author. 1. Shari ‘a is sometimes Anglicized into Shari ‘ah in English translations. See, e.g., SAUDI ARABIA CONST. Mar. 1992, art. 8, available at http://www.servat.unibe.ch/law/icl/sa00000_.html. 2. See Pact of the League of Arab States, Mar. 22, 1945, 70 U.N.T.S. 248. 3. See Susan M. Akram, Arab Charter on Human Rights 2004, 24 B.U. INT’L L.J. 147, 149– 64 (2006) (providing an English translation by Dr. Mohammed Amin Al-Midani, President of Arab Center for International Humanitarian Law and Human Rights Education). V11I1.GOVERN.FINAL 2/20/2013 3:45 PM 104 AVE MARIA LAW REVIEW [Vol. 11:1 and the Shari ‘a -compliant Cairo Declaration of Human Rights in Islam (CDHR) charter, to name just a few conventions. The challenge of promoting peace and human rights under Shari ‘a and international law will lie in three main realms. First, there is no single “Islamic attitude” towards the legitimacy of international law and international agreements among the fifty-six nations that have adopted Islam as their official state religion, adopted Shari ‘a as their legal system, or those that have Muslims as the majority or sizeable minority of their populations. Second, as identified by the many nations who were signatories to the Cairo Declaration on Human Rights in Islam (CDHR), the United Nation’s Universal Declaration of Human Rights (UDHR) is perceived by some in Islamic nations as failing to take into account the cultural and religious context of nonWestern, Islamic nations. Finally, where there is apparent or perceived differences in approaches to advancing peace and human rights, there is a fundamental requirement to understand what practices and policies in Shari ‘a are of tribal or ethnic origin and culturally significant but not Islamic, what is Islam and incapable of change, and which practices or policies are theoretical or aspirational but not enforced or enforceable. This Article will survey the symbiosis of faith and law, clerical and secular, official and unofficial, state-actor and non-state actor in Islamic nations from the perspective of advancing (or impeding) peace and human rights—both from a Western and non-Western perspective. This appreciation is vital to maintaining and advancing peace as well as waging war, and the preservation and promotion of the integrity and dignity of all human beings accounting for and regardless of their race, color, language, belief, sex, religion, political affiliation, social status, or other considerations. 4. See OIC Charter, Mar. 14, 2008 [hereinafter OIC Charter], available at http://www.oicoci.org/english/charter/OIC%20Charter-new-en.pdf (the original charter was signed in 1969). 5. See World Conference on Human Rights, Apr. 19–May 7, 1993, Cairo Declaration on Human Rights in Islam, U.N. Doc. A/CONF.157/PC/62/Add.18 ( June 9, 1993) [hereinafter Cairo Declaration on Human Rights in Islam]. 6. Member States, ORG. ISLAMIC COOPERATION, http://www.oic-oci.org/member_ states.asp (last visited Aug. 8, 2012) (listing nations meeting this description as Muslim, Islamic, or Islamically-influenced). 7. See Cairo Declaration on Human Rights in Islam, supra note 5. 8. See Universal Declaration of Human Rights, G.A. Res. 217 (III) A, U.N. Doc. A/RES/217(III) (Dec. 10, 1948). V11I1.GOVERN.FINAL 2/20/2013 3:45 PM Fall 2012] RIGHT TO PEACE OR HUMAN RIGHTS 105 | [
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https://openalex.org/W3121761163 | Lessons for International Law from the Arab Spring | [
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"Bahrain",
"Yemen",
"Tunisia",
"Syria",
"Libya",
"Egypt"
] | [] | https://api.openalex.org/works?filter=cites:W3121761163 | Not all that begins in hope ends in happiness. In Egypt, the exuberance of Tahrir Square has given way to frustration over the resilience of the security state;1 in Libya, the anti-Qaddafimovement has fractured along tribal and factional lines;2 in Syria, as of this writing, calls for reform continue to be met with gunfire from government forces.3 Throughout the Middle East-from Egypt, Libya, and Syria to Yemen, Tunisia, Bahrain, and elsewhere-the heady excitement of 2010 has given way to a more sober awareness that enduring political change may take years, if not generations.4 The Arab Spring brought both progress and turmoil, and its longterm impact remains uncertain.For international law, the import of the Arab Spring is similarly ambiguous. On the one hand, as Juan Mendez and others have argued,5 the Arab Spring can be viewed as the world's first true human rights revolution: the young protesters of the Arab street spoke the language of democracy and human rights, and the international community responded in the same lexicon, with references to human rights law and international criminal law, and referrals to the institutions that help sustain them (such as the UN Human Rights Council and the International Criminal Court (ICC)).6 Many human rights advocates rejoiced when the UN Security Council referred the situation in Libya to the ICC and when the Libya intervention was justified in terms of the international responsibility to (R2P).7 To the optimist, these developments reflect the renewed vitality of international legal institutions and will further speed the development of human rights- related international legal norms.On the other hand, the Arab Spring demonstrated equally the limits and dangers of these same institutions and norms. At the outset, it's probably worth noting the early irrelevance of international law and institutions to the Arab Spring. For most of the last few decades, international law and institutions did little or nothing to improve conditions in the Arab World. Indeed, the repressive regimes of the Middle East were always asterisks to the global trend toward democratization; even as autocratic regimes in Latin America, Russia, and Eastern Europe tumbled, oil-rich Arab political leaders clung to power, with little protest from the United States or other powerful nations. As long as the oil flowed, few wealthy states were inclined to push too hard for reform. It's unsurprising, then, that change ultimately came from within, not from without. The starring roles in the Arab Spring have been played not by international actors but by the citizens of the Arab World themselves-by street vendors, students, tech entrepreneurs, and other ordinary people. International institutions-and certainly powerful nations such as the United States-have been followers, not leaders.When changing facts on the ground meant that the Security Council and its five permanent members could no longer ignore the Arab Spring, their response was equivocal. The Council referred Libya to the International Criminal Court8 but provided no additional resources to assist the already-overwhelmed prosecutor with his investigations, making effective ICC action difficult. Blessed by the Security Council, NATO intervened militarily in Libya to protect the civilian population from predation by Qaddafi's forces,9 but the international community showed little interest in providing substantial financial or governance assistance to the Libyan opposition once Qaddafiwas overthrown.10The Security Council has shown even less interest in using military force to protect civilians in Bahrain or Syria: in Bahrain, U.S. security considerations militate against anything that could threaten the Bahrain-based headquarters of the Navy's Fifth Fleet,11 while in Syria, Russian opposition and U.S. concerns about military overextension have so far squelched serious discussion of using force to protect Syrian civilians. … | [
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"id": "https://openalex.org/S2765011160",
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|
https://openalex.org/W3165252170 | Breaching Human Rights in Bahrain: Norms of International Human Rights | [
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"Bahrain"
] | [] | https://api.openalex.org/works?filter=cites:W3165252170 | International peace and security cannot be established unless the states respect their International obligations thoroughly. One of these obligations is the human rights; norms Which must be respected both during peace and war times. As in many countries of the region, Bahrain experienced the torrents of democratic movements and protests generally known as the Arab Spring In pursuit of democracy, the People of the smallest country of Persian Gulf region revolted. Though their demands Had roots in more than four decades ago, but their widespread protests against the Bahraini regime started on 14 February 2011. Bahrain government, in its turn, encountered the protesters harshly and suppressed the movements.In this context the government of Bahrain, ignoring its human rights obligations, tremendously violated citizens' basic rights. In this article we have first enumerated the some Of the most important cases of human rights violations, and then these violations are compared to the relevant treaty obligations of Bahrain. | [
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"display_name": "Journal of Legal Research",
"id": "https://openalex.org/S4210180624",
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https://openalex.org/W2739391601 | Intersections between the local and global: the Bahrain human rights movement | [
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"Bahrain"
] | [] | https://api.openalex.org/works?filter=cites:W2739391601 | This article examines the relationships between the local human rights movement in Bahrain and global human rights movement. In addition, I argue that the postcoloniality of authoritarian governments in the Gulf region has added further complexities to the relationships between the local human rights movements, international non-governmental organisations and international institutions. Post-colonial authoritarian governments, such as that in Bahrain, have learned how to harness human rights discourse for their own ends. By focusing on these disparate actors and their interactions, this article interrogates the complications and dilemmas that the Bahrain human rights movement faces when acting in the transnational context with the global human rights community. | [
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https://openalex.org/W2562021341 | The Effectiveness of the Implementation of International Women's Conventions in Muslims: Bahrain as a Case Study | [
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"Bahrain"
] | [] | https://api.openalex.org/works?filter=cites:W2562021341 | The debate regarding whether or not Islam is inherently discriminatory towards women is endless. Even though the Quranic verses emphasize equality between man and woman and the supremacy of human dignity, the interpretation of the Islamic texts related to women are often influenced by the values of patriarchal societies resulting in discriminatory practices against women in many Muslim countries worldwide.
The Convention of the Elimination of all Forms of Discrimination against Women (CEDAW) is often referred to as the ‘women’s bill of rights’ as it is the first international legally-binding document that specifically deals with all areas related to women’s lives. This convention is believed to aim at achieving equality between men and women in every field and supports women’s access to equal opportunities in the political and social spheres trying to overcome the social and cultural obstacles that might exist so they can have full rights in areas of legal rights, education, employment, healthcare, politics and finance.
However, the implementation of this convention in Muslim societies remains as an ineffective remedy to the problems of women due to a number of reasons mainly related to lack of real government will and strict social and religious values. Like most Muslim countries, Bahrain has ratified the CEDAW while putting reservations on its main articles, leaving the convention without any real effect. Bahrain is a Muslim state that is small in population but serves as a good representation of the dilemma that Muslim societies experience in general, which is their eagerness to adapt to modern values whilst clinging at the same time to their religious roots. This thesis studies the Bahraini society in terms of its application of the CEDAW and the legislations related to women in different fields by giving a special focus to the controversial issues in Islam that hinder a full implementation of the CEDAW.
This research has taken the challenge of investigating the situation of women rights in Bahrain and its compatibility with the international laws. Through using a research strategy based on questionnaires and interviews with different stakeholders, the thesis was able to present the views the society in Bahrain holds about the situation of women and the challenges facing women hindering them to further develop their situation.
The outcomes of the work undertaken will put recommendations to improve the situation for Muslim women as states or concerned stakeholders should not rely only on trying to fully apply the CEDAW, but should work towards renewing the religious mindsets, create social awareness, and have a genuine political will to achieve equality. In a nutshell, the main target for change is to work essentially towards making a change that comes from within. | [] |
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https://openalex.org/W2915181397 | Human rights and democracy : the 2011 Foreign & Commonwealth Office report | [
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"Bahrain",
"Egypt"
] | [] | https://api.openalex.org/works?filter=cites:W2915181397 | This report is a comprehensive look at the human rights work of the Foreign & Commonwealth Office (FCO) around the world in 2011. It highlights the UK's human rights concerns in key countries and advances the promotion and protection of human rights as the focus of UK foreign policy. The publication is divided in nine sections: (1) The Arab Spring; (2) The FCO's human rights priorities; (3) Promoting British values; (4) Human rights in safeguarding Britain's national security; (5) Human rights in promoting Britain's prosperity; (6) Human rights for British nationals overseas; (7) Working through a rules-based international system; (8) Promoting human rights in the overseas territories; (9) Human rights in countries of concern. There are also some separate sections setting out a number of case studies on specific countries, including Bahrain and Egypt. | [] |
|
https://openalex.org/W4319788570 | Intergenerational Transmission of Social Movement Activism in Bahrain | [
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] | https://api.openalex.org/works?filter=cites:W4319788570 | This article examines the intergenerational transmission of social movement activism in Bahrain, with a focus on the human rights movement and al-Khawaja family. The research argues that intergenerational transmission and the inheritance of capital, in a family setting, is a vital resource for the local and transnational movement. Specifically, the research investigates multiple generations of activists from the same families to unearth the effects of activism running across the various generations. In alignment with a growing trend in social movement scholarship, the article seeks a better understanding of the effects that authoritarian conditions have on social movements. The research uses a Bourdeusian analytical framework and is based upon sixteen interviews with three different generations of Bahraini human rights activists, retrieving their biographical trajectories. By approaching the intergenerational transmission of social movement activism and the inheritance of capital as constitutive of activists’ radical habitus, this paper demonstrates that the family is a crucial resource for social movements acting within the repressive circumstances of an authoritarian state. | [
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https://openalex.org/W3122818543 | Targeted Killings and International Human Rights Law: The Case of Anwar Al-Awlaki | [
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"Yemen"
] | [] | https://api.openalex.org/works?filter=cites:W3122818543 | Anwar Al-Awlaki, the high-profile proponent of violent jihad, is reported to have taken on a leadership role in Al-Qaeda in the Arabian Peninsula (AQAP), a US-designated terrorist organization that has committed a chain of terrorist attacks against predominantly US and Yemen targets. After evidence of Al-Awlaki’s involvement in personally instructing acts of terrorism, he was reportedly targeted by US drones just days after the death of Osama bin Laden. Al-Awlaki is said to be harboured by tribes in a remote terrorist safe haven in the Shabwa province of Yemen. Given that Al-Awlaki is present in an area outside of active armed conflict, the USA must justify any killing according to International Human Rights Law (IHRL). It must show that any targeted killing has a domestic legal basis, would be proportionate to the legitimate aim of saving life and absolutely necessary, after less harmful means were exhausted. But a strict domestic law enforcement standard should not necessarily be applied in all cases. Rather in addressing threats from terrorist safe havens abroad, the feasibility of arrest and the concept of imminence must be adapted. Given Al-Awlaki’s leadership position in AQAP, an organization openly committed to, and involved in, ongoing acts of terrorism, an arguable case can be made that his targeted killing would be justified under IHRL. | [
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|
https://openalex.org/W2053755571 | The Accursed Minority: The Ethno-Cultural Persecution of Al-Akhdam in the Republic of Yemen: A Documentary & Advocacy Project | [
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"Yemen"
] | [] | https://api.openalex.org/works?filter=cites:W2053755571 | This is an advocacy essay that documents the undignified and inhumane conditions of social inequality to which the members of "Al-Akhdam" minority group are subjected in the Republic of Yemen. By focusing on the interaction between culture and collective violence, it examines the exclusionary socio-cultural and economic practices by which Al-Akhdam are denied basic human rights. In so doing, the article locates the root cause of such practices in ethnic prejudices; the Al-Akhdam are persecuted on account of their being of African-descent in a country with an Arab-majority. Finally, the article advocates the protection of the collective human rights of the Al-Akhdam minority and proposes cogent measures for restoring social justice through the implementation of specific actions, including international condemnation of their persecution; official recognition of the violence meted to them; national international recognition and promotion of their rights; cessation of Yemeni government-supported policy of Al-Akhdam forced labor; formal extension of constitutionally-guaranteed economic and social rights and the establishment of a program designed to integrate them into the mainstream of Yemeni society. This list of concrete steps represents a practical advocacy plan for fostering changes in the conditions of Al-Akhdam in Yemen through numerous venues, including the Yemeni government, the United Nations, and local and international human rights NGOs. It is hoped that this documentation will significantly elevate international awareness of, and instigate responses to, the ethno-cultural violence being perpetrated against Al-Akhdam in Yemen. | [
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https://openalex.org/W4307930660 | A human rights based approach to the global children's rights crisis: A call to action | [
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"Yemen",
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] | https://api.openalex.org/works?filter=cites:W4307930660 | Abstract Children are not responsible for diseases, natural disasters, political conflicts, and wars; yet, children generally suffer the most. Although the UN Convention on the Rights of the Child (1989) is one of the most ratified world treaties, ample evidence of violations of children's rights exists in reports on the devastating effects of climate change, the COVID‐19 pandemic, and armed conflicts (e.g., Afghanistan, Haiti, Syria, Ukraine, Yemen) including abuse, abduction, becoming child soldiers, death, early marriages, family separation, loss of schooling, malnutrition, neglect, poverty, sexual violence, and trafficking, leading to traumatic short‐ and long‐term academic, emotional, psychological, and physical consequences. This article highlights a child‐rights based approach to the global crisis: (1) sounding an alarm for immediate and greater attention of governments to address children's rights violations and (2) calling multi‐disciplinary scholars to redouble their efforts toward freely sharing their findings, partnering with policy makers and stakeholders, collecting difficult to obtain data, and putting their knowledge into action in preventive and intervention measures to empower the implementation of children's protection and participation rights in the home, school, community, nation, and globally. The global multi‐faceted children's rights crisis requires urgent individual and collective action to make children's rights a global reality. | [
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https://openalex.org/W2218719700 | With the Stroke of a Pen: Legal Standards for Adding Names to Government Kill Lists | [
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"Yemen"
] | [] | https://api.openalex.org/works?filter=cites:W2218719700 | United States ( us ) government officials disclosed, in 2010, that Anwar Al-Aulaki, a dual us -Yemeni citizen alleged to be a leader of the terrorist group Al-Qaeda in the Arabian Peninsula, had been added to a list of individuals that the Central Intelligence Agency ( cia ) and the Joint Special Operations Command ( jsoc ) were authorised to target for death. It is clear that the right to life is affected by targeted killing actions, as the objective of the practice is to kill the targeted individual. For such a practice to be lawful, it has to be considered non-arbitrary according to international standards. The two main instruments of universal scope that provide a legal protection for this right are the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights. The use of lethal force by a State would be legally justified by: (1) the carrying out of a lawfully imposed death penalty; (2) during an armed conflict, under international humanitarian law; and (3) if the force used was necessary, proportional and not the first option. This article examines the question of whether adding names to kill list remains legal under international human rights and humanitarian law, and if so, under what circumstances? | [
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https://openalex.org/W2991155815 | Global health, human rights, and the law – Authors' reply | [
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"Yemen",
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] | https://api.openalex.org/works?filter=cites:W2991155815 | We thank Lisa Forman and colleagues, and Leonard S Rubenstein and Joseph J Amon, for commenting on our Lancet Commission report on the legal determinants of health.1Gostin LO Monahan JT Kaldor J et al.The legal determinants of health: harnessing the power of law for global health and sustainable development.Lancet. 2019; 393: 1857-1910Summary Full Text Full Text PDF PubMed Scopus (66) Google Scholar Both letters raise key challenges in national and global health law and the vital importance of high-level leadership. Forman and colleagues offer a compelling case for educating the health workforce on human rights law. Our Commission stressed the enhancement of legal capacities on the right to health, and we strongly support any actions to make human rights a core competency of health professionals—not only in formal education, but also in continued training. However, powerful structural barriers militate against the very idea of advancing the right to health. To change the political dynamics around human rights, we propose high-level guidance to states that encourages human rights training throughout the workforce. A transformative step would be if the UN High Commissioner for Human Rights, Michelle Bachelet, and WHO Director-General, Tedros Ghebreyesus, acted jointly to issue guidance to UN and WHO member states. Advancing the human rights and health needs of people living in fragile and conflict-affected states is also vital, as articulated by Rubenstein and Amon. They rightly identify the rule of law as the foundational determinant of health: without it, questions surrounding sustainable development, good governance, effective institutions, and evidence-based interventions essentially have no practical relevance. Armed conflict, political instability, and public distrust erode health systems, push people (especially the marginalised) further into poverty, and cause mass migrations. Complex humanitarian crises accelerate the spread of infectious diseases and other risks to health. The ongoing epidemic of Ebola virus disease in the Democratic Republic of the Congo provides perhaps the starkest illustration of a health emergency occurring under conditions of profound unrest.2Gostin LO Phelan A Godwin Coutinho A et al.Ebola in the Democratic Republic of the Congo: time to sound a global alert?.Lancet. 2019; 393: 617-620Summary Full Text Full Text PDF PubMed Scopus (11) Google Scholar Many states with a mean life expectancy younger than 60 years are conflict-ridden or post-conflict, fragile, or experiencing a breakdown in governance, such as the Central African Republic, Chad, the Democratic Republic of the Congo, Nigeria, and Somalia.3WHOWorld health statistics 2018: monitoring health for the SDGs. World Health Organization, Geneva2018Google Scholar Ill-conceived sanctions can harm people and impede humanitarian assistance, including essential vaccines and medicines. As Rubenstein and Amon aptly point out, a robust understanding of the interaction between health and the rule of law has particular importance in states experiencing conflict and lawlessness. Dealing with health emergencies during complex humanitarian crises—such as those in Afghanistan, Haiti, Syria, and Yemen—has sadly become the norm.4Gostin LO Sircar NR Friedman EA Fighting novel diseases amidst humanitarian crises.Hastings Cent Rep. 2019; 49: 6-9Crossref PubMed Scopus (2) Google Scholar Our proposed, independent standing Lancet Commission on global health and the law could find new ways to advance the right to health in the world's most unstable regions. LOG and JTM were co-chairs of the Lancet Commission on the legal determinants of health. All authors declare no competing interests. The legal determinants of health: harnessing the power of law for global health and sustainable developmentHealth risks in the 21st century are beyond the control of any government in any country. In an era of globalisation, promoting public health and equity requires cooperation and coordination both within and among states. Law can be a powerful tool for advancing global health, yet it remains substantially underutilised and poorly understood. Working in partnership, public health lawyers and health professionals can become champions for evidence-based laws to ensure the public's health and safety. Full-Text PDF Global health, human rights, and the lawThe Lancet Commission on the legal determinants of health1 helps to highlight the role of the law as a determinant of health and its contribution to advancing global health. Unfortunately, however, the Commission did not address the role of law in advancing the human rights and health needs of people living in fragile and conflict-affected states. Full-Text PDF Global health, human rights, and the lawAs educators in health and human rights, we were thrilled to see the recommendation in the Lancet Commission on the legal determinants of health1 that “Both health graduates and law graduates should be introduced to the basics of international human rights law.” Similar calls have been made by several health professional associations2 and the truth and reconciliation commissions of various governments (eg, in the Truth and Reconciliation Commission of Canada3). Health practitioners are often closely connected to populations that are stigmatised or discriminated against, including sex workers, people who inject drugs, people with disabilities, and refugees. Full-Text PDF | [
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https://openalex.org/W4211074668 | Non-Adherence to Human Rights and Humanitarian Laws in the Conduct of Armed Conflict in Yemen | [
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"Yemen"
] | [] | https://api.openalex.org/works?filter=cites:W4211074668 | To protect the properties, lives, and dignity of human persons worldwide, the International Humanitarian Law seeks to uphold and promote Human Rights Law and other international frameworks regulating the rights of civilians and parties to armed conflict. The conduct of parties to the armed conflict who have grossly violated the combined provisions of International Human Rights Law and the International Humanitarian Law resulted in the persistence of armed conflict and warfare in Yemen, thereby crossing every access road to humanitarian rights and privileges. The researchers adopt the doctrinal methodology to investigate the status of warfare in Yemen, the provisions of the law on International Human Rights and Humanitarian Law, and the extent to which the parties to the armed conflict in Yemen break such laws. The International Humanitarian Law and the International Human Rights Law regulate the conduct of actors and parties in the armed conflict both in Yemen and the world at large. The finding of this studydemonstrates that all the participants in the conflict in Yemen violate the International Humanitarian Law. Therefore, they are accountable for such violations.The research recommends strict adherence and compliance to both the International Human Rights Law and the Humanitarian Law throughout the armed conflict in Yemen to have lasting peace. Furthermore, accountability for violations committed should be identified, and all actors in the armed conflict should be punished accordingly. | [
{
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"id": "https://openalex.org/S4306401280",
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|
https://openalex.org/W2944355477 | The Media Discourse and Human Rights in Yemen | [
{
"affiliations": [],
"display_name": "Mohammed Saleh Ali Almahfali",
"id": "https://openalex.org/A5000539603"
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{
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"id": "https://openalex.org/C199360897"
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] | [
"Yemen"
] | [] | https://api.openalex.org/works?filter=cites:W2944355477 | The Charter of the United Nations emphasizes the importance of freedom of expression as well as the Universal Declaration of Human Rights. However, freedom of expression and press freedoms are at their worst, especially in the Middle East, and in Yemen in particular. While there are violations against journalists, there are serious violations committed by journalists and press institutions that they are parties to the armed conflict in Yemen.This paper aims to address the freedom of the press in Yemen and its commitment to human rights principles and discusses the reports issued by international and local organizations regarding the protection of journalists. Also, how journalists can adhere to professional standards and human rights principles and contribute to peacebuilding in Yemen (Less) | [] |
|
https://openalex.org/W4285079862 | International Humanitarian Law V International Human Rights Law: Applicability in the Crisis of Yemen | [
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"Yemen"
] | [] | https://api.openalex.org/works?filter=cites:W4285079862 | The United Nations (UN) has labelled Yemen's humanitarian crisis the worst in the world. Thousands of people have died in the ongoing war and from the outbreak of deadly diseases. Almost half Yemen's population desperately needs humanitarian aid, and millions have been internally displaced; hundreds of thousands of refugees have migrated to other countries. While children have been recruited as child soldiers, the illegal use of mines and cluster bombs has put at risk many more lives. International Human Rights Law (IHRL) requires the investigation of the arbitrary deprivation of life and others. The law dictates that the people responsible for violating any human rights or international humanitarian law must be held accountable for their crimes. In contrast, International Humanitarian Law (IHL) requires all states to have those people who are responsible for war crimes. This article discusses the applicability of both IHL and IHRL in the crisis in Yemen. Therefore, the first part of the paper presents a brief history of the problem in Yemen. The second part distinguishes between IHL and IHRL. The third part then deeply discusses in detail both IHL and IHRL and their possible applicability to the conflict in Yemen. Then lastly, the paper concludes by presenting how both IHL and IHRL could work to complement each other. Abstrak: Pertubuhan Bangsa Bangsa Bersatu (UN) telah melabel krisis kemanusiaan di Yemen sebagai krisis manusia paling teruk di dunia. Ribuan nyawa telah terkorban dan juga kematian akibat dari wabak penyakit dalam perang yang masih berlaku ketila ini. Hampir separuh penduduk Yemen sangat memerlukan bantuan kemanusiaan, berjuta-juta lagi terpaksa dipindahkan, manakala ratusan ribu pelarian telah berhijrah ke negara lain. Sementara itu, kanak-kanak telah direkrut sebagai tentera dan penggunaan secara haram bom kelompok telah menyebabkan ramai penduduk berada dalam risiko yang membahayakan nyawa. Undang-undang menetapkan bahawa sesiapa yang bertanggungjawab melanggar hak asasi manusia atau undang-undang kemanusiaan antarabangsa mesti dipertanggungjawabkan atas jenayah yang mereka lakukan. Undang-undang hak asasi manusia antarabangsa (IHRL) meminta penyiasatan dilakukan keatas kehilangan nyawa dan lain-lain sementara undang-undang kemanusiaan antarabangsa (IHL) menghendaki semua negara untuk bertanggungjawab atas jenayah perang yang dilakukan. Makalah ini bertujuan untuk membincangkan mengenai penerapan IHL dan IHRL dalam krisis di Yemen. Justeru, bahagian pertama penulisan ini adalah mengenai sejarah ringkas krisis di Yemen. Bahagian kedua kemudiannya membuat perbezaan antara IHL dan IHRL. Bahagian ketiga pula membincangkan secara mendalam mengenai IHL dan IHRL dan kemungkinan aplikasinya terhadap konflik di Yemen. Akhir sekali makalah ini merumuskan bagaimana kedua-dua IHL dan IHRL boleh berfungsi sebagai saling melengkapi antara satu sama lain. | [] |
|
https://openalex.org/W3176759073 | Yemen’s Human Rights Abuses Skyrocket Amidst Ongoing Chaos | [
{
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"display_name": "Shaul M. Gabbay",
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{
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{
"display_name": "Domestic violence",
"id": "https://openalex.org/C542059537"
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{
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{
"display_name": "Operating system",
"id": "https://openalex.org/C111919701"
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] | [
"Yemen"
] | [] | https://api.openalex.org/works?filter=cites:W3176759073 | Six years of war in Yemen have destroyed human rights in a country whose record was already abysmal. Yemen is considered the largest humanitarian crisis in the world, largely due to its food insecurity. Destroyed infrastructure, lack of services and fuel, a non-functioning government, and continued fighting has taken the lives of over 18,000 civilians, leaving survival efforts to take precedent overall. With no oversight, human rights are non-existent. A significant rise in violence has occurred against women including abuse, rape, and torture by a number of parties, including belligerents. Houthi rebels, Saudi forces, and Saudi backed Yemeni forces have all been documented to have committed serious abuses against civilians. For women, violence in the home is even worse. With extremely limited rights and protection, women remain vulnerable to domestic and sexual violence from relatives and have little to no recourse. Honor killings remain acceptable, and young girls are frequently married off as there is no minimum age of marriage. With chaos continuing to block most outside help, Yemeni’s will continue to suffer extreme human rights abuses until the war ends. | [
{
"display_name": "International journal of social science studies",
"id": "https://openalex.org/S2764922745",
"type": "journal"
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|
https://openalex.org/W1871740586 | Women's Rights and Shari'a - A comparative study of marriage and family relations under the Convention on the Elimination of All Forms of Discrimination against Women in the cases of Tunisia, Egypt and Yemen | [
{
"affiliations": [],
"display_name": "Christina Ljung",
"id": "https://openalex.org/A5016666160"
}
] | [
{
"display_name": "Convention on the Elimination of All Forms of Discrimination Against Women",
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{
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{
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{
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{
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"id": "https://openalex.org/C121332964"
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{
"display_name": "Quantum mechanics",
"id": "https://openalex.org/C62520636"
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] | [
"Yemen",
"Tunisia",
"Egypt"
] | [
"https://openalex.org/W393887945"
] | https://api.openalex.org/works?filter=cites:W1871740586 | The rights of women living in societies ruled by laws based on Shari'a constitute a controversial question in the human rights debate in many countries today. Suggestions that these laws are of a divine nature, and as such cannot be overridden by the human rights principles of western origin leads to discussions in several areas, such as the right to religion, the human rights tradition in Muslim countries, the responsibility of states toward their subjects, and the power of the CEDAW Committee. As of today, 171 countries have ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). The rights within marriage and at its dissolution are treated in article 16, stating equal rights for women and men in these matters. CEDAW in general and article 16 in particular shall also be interpreted to encompass violence against women, although this is not explicitly stated in any of the articles of the Convention. Special attention has therefore been given to the aspects of domestic violence and its consequences for women. In this thesis, three countries that recently submitted their reports to the CEDAW Committee, have been selected to constitute the basis for this discussion. The three countries are Tunisia, Egypt and Yemen, countries that to some extent share a common history, but today have evolved in very different directions. Egypt and Tunisia have both entered reservations to CEDAW, whereas Yemen has not entered any. Yemen is on the other hand showing great failure in its implementation, while Egypt is making slow progress as its government tries to perform some kind of balancing-act between its international obligations under human rights law and pressure from national neo-Islamic movements. In Tunisia the emancipation of women has come the furthest, but the human rights situation in general is not very good. Many discriminatory customs such as female genital mutilation and child marriage are being promoted as part of Islam when in reality these traditions have other origin. It is my opinion that this fact, if supported by governments and preferably also by laws, could constitute the incitement to abandon these customs. As usual, although it cannot be said too often, it is all a matter of interpretation, and as women are starting to question the grounds for these interpretations, and also contribute with newer ones, there is hope for change. | [] |
|
https://openalex.org/W2257525209 | Trade and Development Agreements for Human Rights | [
{
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{
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{
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] | [
"Yemen",
"Syria",
"Libya"
] | [] | https://api.openalex.org/works?filter=cites:W2257525209 | Libya, Yemen, North Korea, Syria — human rights are at the forefront of international politics these days. Since the adoption of the Universal Declaration of Human Rights in 1948, the world’s values have changed. Today, almost all states have ratified the UN Charter and one or more of the seven international agreements that form the core of international human rights law. This regime, which charts out principles for the promotion of wellbeing everywhere, has received wide recognition. | [
{
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|
https://openalex.org/W1975243745 | Targeted Killings and International Human Rights Law: The Case of Anwar Al-Awlaki | [
{
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"display_name": "Michael Ramsden",
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] | [
"Yemen"
] | [] | https://api.openalex.org/works?filter=cites:W1975243745 | Anwar Al-Awlaki, the high-profile proponent of violent jihad, is reported to have taken on a leadership role in Al-Qaeda in the Arabian Peninsula (AQAP), a US-designated terrorist organization that has committed a chain of terrorist attacks against predominantly US and Yemen targets. After evidence of Al-Awlaki’s involvement in personally instructing acts of terrorism, he was reportedly targeted by US drones just days after the death of Osama bin Laden. Al-Awlaki is said to be harboured by tribes in a remote terrorist safe haven in the Shabwa province of Yemen. Given that Al-Awlaki is present in an area outside of active armed conflict, the USA must justify any killing according to International Human Rights Law (IHRL). It must show that any targeted killing has a domestic legal basis, would be proportionate to the legitimate aim of saving life and absolutely necessary, after less harmful means were exhausted. But a strict domestic law enforcement standard should not necessarily be applied in all cases. Rather in addressing threats from terrorist safe havens abroad, the feasibility of arrest and the concept of imminence must be adapted. Given Al-Awlaki’s leadership position in AQAP, an organization openly committed to, and involved in, ongoing acts of terrorism, an arguable case can be made that his targeted killing would be justified under IHRL. | [
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https://openalex.org/W2534827255 | Human Rights and the War Against International Terrorism: A War Without Rights? | [
{
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"display_name": "Harry Yeon Cho",
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{
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{
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{
"display_name": "Programming language",
"id": "https://openalex.org/C199360897"
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] | [
"Yemen"
] | [
"https://openalex.org/W1517308037"
] | https://api.openalex.org/works?filter=cites:W2534827255 | The United States has justified targeted operations against suspected terrorists as a legitimate tool in the war against terrorism. In response to international criticism that a November 2002 targeted killing operation in Yemen violated human rights standards, the US asserted that the right to life was suspended during war. While this assertion is prima facie incorrect, many legal experts, scholars and authors agree in principle that a military response to international terrorism – along with the concomitant dilution of the right to life – is not only appropriate, but also complies with international law. However, the modern jus ad bellum limit the circumstances in which a state may lawfully resort to armed force. A fulsome understanding of international humanitarian law and the characteristics of groups such as Al Qaeda reveals that international law does not permit states to employ their military forces to responde to the international crime of international terrorism.%%%%MAST | [] |
|
https://openalex.org/W4366989670 | The View through a Different Lens | [
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] | [
"Yemen"
] | [] | https://api.openalex.org/works?filter=cites:W4366989670 | Abstract In years past, much of the discussion around International Humanitarian Law and International Human Rights Law has been dedicated to considering the convergence of the two regimes; to discover a way to increase respect for the protection of the individual in armed conflict. Meanwhile, egregious violations of individual’s human rights continue to occur in armed conflicts – those in Ukraine, Yemen, Ethiopia, Afghanistan, and many others. This paper surveys the relationship between the two international disciplines, and considers that though ihl and ihrl are two regimes that have different aims, both contain norms that strive for the protection of the individual in armed conflict. Ultimately, this paper argues that protection of individuals in armed conflict can be strengthened by importing ihl norms into the ihrl framework. This cross-pollination allows treaty bodies to interpret, and make comments about, State Parties’ adherence to ihl that can increase respect for those norms, given ihrl ’s associated enforcement mechanisms and communications machinery. | [
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|
https://openalex.org/W2795898654 | Do we need human rights law | [
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"Yemen",
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W2795898654 | In a world of unprecedented refugee flows, seemingly endless wars and rising levels of xenophobia and inequality, many have been questioning the point of human rights. What do they mean to the huge numbers of asylum seekers detained across the globe? To the Rohinyga, fleeing ethnic cleansing in Myanmar? To the children dying in bombings across Syria and Yemen?
For many the optimism of the post-WWII era when the international human rights system was set up is dead. Some critics go further, arguing that not only have human rights not delivered greater justice, they have in fact been part of the problem. Their individualistic focus has taken attention away from structural issues like global economic inequality. Their claims to universalism have failed to properly address the legacies of Western imperialism. And their legalistic form has done little to empower the world’s most marginal, simply creating a new industry of “international experts”. As a result, more and more radical scholars and activists in the West are rejecting human rights in search of a new, more revolutionary social justice project.
Without disagreeing with these critiques, I would like to tell another story of human rights. It is the story of Amali, who lives in a small village in eastern Sri Lanka. | [] |
|
https://openalex.org/W2338375255 | Legal Reform as a Way to Women’s Rights: The Case of Personal Status Law in Yemen | [
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"Yemen"
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"https://openalex.org/W309129569",
"https://openalex.org/W1531236835",
"https://openalex.org/W1552765068",
"https://openalex.org/W1973647208",
"https://openalex.org/W1974574146",
"https://openalex.org/W1993340874",
"https://openalex.org/W2236608212"
] | https://api.openalex.org/works?filter=cites:W2338375255 | In this paper, the researcher argues that the legal reform of the Personal Status Law is not sufficient to ensure gender equality within the Yemeni context where the religious and cultural value systems of rights remain untouched. Narrow and conservative interpretation of sharia forms the main conceptualization of the rights in the current law. The tribal value system and conceptualization of rights and its practices on the ground has affected the equitable marital rights. The researcher further claims that the current law which is premised mainly on sharia, consolidates the concept of 'Wrong Rights', obstructing women’s efforts to ensure equality in the Personal Status Law. In this respect, there are several conclusions that can be drawn. First, there are three drivers for the conceptualization of rights that affect the formulation of Personal Status Law namely, guardianship (Sharia), sisterhood (constitution), and the weak and dependent (tribal customary norms). The three of them articulate and reflect the narrow interpretation of Sharia and patriarchal policies advanced by the state and the community. Thus the current Personal Status Law consolidates a number of wrong rights which paradoxically, constitute the basic human rights such as the denial of the freedom of choice and full consent, the freedom of movement and the right to terminate the marital relationship. In addition, the right to inheritance is the wrong right for women in practice.Thus, the realization of gender justice in the area of Personal Status Law and the effective application of the law need a multi-dimensional approach namely an enlightened interpretation of Sharia, adopting the principle of reciprocity and the consequences-based approach. Societal reform suggests a four-pronged approach. One deals with the gender sensitive institutional reform while the second addresses education and the third adopts an Islamic feminist approach. The fourth is geared towards demolishing the dual legal systems. | [
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https://openalex.org/W2326218504 | Marko Milanovic, Extraterritorial Application of Human Rights Treaties: Law, Principles, and Policy | [
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"Yemen"
] | [] | https://api.openalex.org/works?filter=cites:W2326218504 | The war on terror and its most emblematic detention centre of Guantanamo Bay, the US killing of ‘terrorists’ using drones in Yemen, the poisoning of a former KGB spy in London allegedly by Russian state agents; all these situations relate to the core issue addressed in Milanovic’s book, which can be translated into a simple question: how far do states’ obligations under international human rights treaties apply? This issue has occupied an important stage in contemporary public international law, in a world where interaction is the key. But far more than that, the topic goes beyond solely academic interest, for it affects many people around the world, especially those detained in military facilities by states operating overseas. As the author acknowledges, the debate on the subject reveals a complex area of the law. Part of the complexity is due to the confusion regarding the relevant terminology, notably the precise meaning of the word ‘jurisdiction’. Moreover, complex issues arise from the regulation of conduct by two areas of the law (namely international human rights law and international humanitarian law) and the possibilities for their interplay. Finally, differences in the way each area of the law is enforced pose further difficulties. Although abundant, human rights monitoring mechanisms are far from perfect—a brief overview of the case law of the European Court of Human Rights (ECtHR) attests to the lack of consistency in the stance taken by the Court on the subject. On the other hand, enforcement mechanisms pertaining to international humanitarian law lag way behind human rights ones, both in terms of quality and quantity. This is especially true in regards to victims—international humanitarian law mechanisms are far weaker and rather inaccessible to them, despite the fact that international criminal tribunals have addressed the individual criminal responsibility of those found committing serious violations of international humanitarian law. | [
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|
https://openalex.org/W3126076975 | What is the Role of International Human Rights in the War on Terror | [
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"Yemen",
"Iraq"
] | [] | https://api.openalex.org/works?filter=cites:W3126076975 | What role, if any, does international human rights law (IHRL) have to play in situations of armed conflict? More specifically, does IHRL have any application to the conduct of the “war on terror”? More specifically still, does IHRL partly or wholly displace the traditional law of armed conflict (LOAC) - as embodied, for instance, in the Hague and Geneva Conventions - in regulating the armed conflict that arises in the “war on terror”?We focus in this Article on the last of these questions. To sharpen the discussion, we concentrate on the applicability of the1966 International Covenant on Civil and Political Rights (ICCPR) to the conduct of hostilities in the “war on terror.” More narrowly still, we will consider the applicability of ICCPR Article 6(1) - which guarantees that “[n]o one shall be arbitrarily deprived of his life” - to combat operations in the “war on terror” by U.S. Armed Forces outside the United States.One advantage of this specific focus is that it will enable us to examine, within the brief compass of this Article, the legality of the United States’ use of unmanned Predator drone missiles to kill suspected al Qaeda targets, such as the incident involving the killing in Yemen on November 3, 2002 of Qaed Salim Sinan al-Harethi - reputedly a senior al Qaeda operative - while he was traveling with five companions in a car. Citing the ICCPR, the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions took the position that the attack constituted a clear case of extrajudicial killing. The United States, in reply, maintained that the ICCPR had no application to the incident on the grounds that “[t]he conduct of a government in legitimate military operations, whether against al Qaida operatives or any other legitimate military target, would be governed by the international law of armed conflict,” rather than by IHRL. The Obama Administration has continued the practice of using missiles to target and kill suspected al Qaeda and Taliban figures. It is reported that unmanned drones have become among the U.S. military’s favorite weapons in the conflicts in Iraq and Afghanistan - including for use in targeting suspected terrorist compounds - and the Obama Administration is said to be preparing a budgetary request for the development of new drone systems.In Part II, we survey the origins and growth of the LOAC and IHRL, and we discuss the beginnings of their asserted “convergence.” In Part III.A, we restate and defend the traditional view that the LOAC and IHRL fundamentally differ in their scope, purposes, and protective concerns. Then, in Part III.B, we argue that the ICCPR, in particular, was not intended, and should not be understood, to regulate the conduct of armed conflicts that are otherwise governed by the LOAC. In Part III.C, we address certain objections that have been raised against this construction of the ICCPR. Finally, in Part IV, we apply the results we have reached to the controversy over the incident involving Qaed Salim Sinan al-Harethi. | [
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https://openalex.org/W1565554328 | What is the Role of International Human Rights in the War on Terror | [
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"Yemen",
"Iraq"
] | [] | https://api.openalex.org/works?filter=cites:W1565554328 | What role, if any, does international human rights law (IHRL) have to play in situations of armed conflict? More specifically, does IHRL have any application to the conduct of the “war on terror”? More specifically still, does IHRL partly or wholly displace the traditional law of armed conflict (LOAC) - as embodied, for instance, in the Hague and Geneva Conventions - in regulating the armed conflict that arises in the “war on terror”?We focus in this Article on the last of these questions. To sharpen the discussion, we concentrate on the applicability of the1966 International Covenant on Civil and Political Rights (ICCPR) to the conduct of hostilities in the “war on terror.” More narrowly still, we will consider the applicability of ICCPR Article 6(1) - which guarantees that “[n]o one shall be arbitrarily deprived of his life” - to combat operations in the “war on terror” by U.S. Armed Forces outside the United States.One advantage of this specific focus is that it will enable us to examine, within the brief compass of this Article, the legality of the United States’ use of unmanned Predator drone missiles to kill suspected al Qaeda targets, such as the incident involving the killing in Yemen on November 3, 2002 of Qaed Salim Sinan al-Harethi - reputedly a senior al Qaeda operative - while he was traveling with five companions in a car. Citing the ICCPR, the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions took the position that the attack constituted a clear case of extrajudicial killing. The United States, in reply, maintained that the ICCPR had no application to the incident on the grounds that “[t]he conduct of a government in legitimate military operations, whether against al Qaida operatives or any other legitimate military target, would be governed by the international law of armed conflict,” rather than by IHRL. The Obama Administration has continued the practice of using missiles to target and kill suspected al Qaeda and Taliban figures. It is reported that unmanned drones have become among the U.S. military’s favorite weapons in the conflicts in Iraq and Afghanistan - including for use in targeting suspected terrorist compounds - and the Obama Administration is said to be preparing a budgetary request for the development of new drone systems.In Part II, we survey the origins and growth of the LOAC and IHRL, and we discuss the beginnings of their asserted “convergence.” In Part III.A, we restate and defend the traditional view that the LOAC and IHRL fundamentally differ in their scope, purposes, and protective concerns. Then, in Part III.B, we argue that the ICCPR, in particular, was not intended, and should not be understood, to regulate the conduct of armed conflicts that are otherwise governed by the LOAC. In Part III.C, we address certain objections that have been raised against this construction of the ICCPR. Finally, in Part IV, we apply the results we have reached to the controversy over the incident involving Qaed Salim Sinan al-Harethi. | [
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https://openalex.org/W2943692833 | Acting with Impunity: Morocco's Human Rights Violations in Western Sahara and the Silence of the International Community | [
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"Western Sahara"
] | [] | https://api.openalex.org/works?filter=cites:W2943692833 | This excellent report examines the human rights abuses committed in Western Sahara since April 1 2014 until March 1 2015. Based on 163 documented cases, 256 different human rights violations have been reported, involving 283 named victims.
The report concludes that the continued gross human rights violations committed in occupied Western Sahara illustrate the total inadequacy of Morocco’s national human rights framework. Whilst UN Special Procedures, which involve short and infrequent visits by UN rights experts to Western Sahara, are important, they are insufficient. | [] |
|
https://openalex.org/W2924902994 | The Protection of Human Rights in Transitional Tunisia | [
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"Tunisia"
] | [
"https://openalex.org/W1501925582",
"https://openalex.org/W1586645164",
"https://openalex.org/W1974029048",
"https://openalex.org/W2018123661",
"https://openalex.org/W2031425002",
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"https://openalex.org/W2574252535",
"https://openalex.org/W2790880770"
] | https://api.openalex.org/works?filter=cites:W2924902994 | Abstract This article looks at the human rights protection in transitional post-uprising Tunisia, from 2011 to 2017, offering insights into the willingness to both protect human rights and build capacity in Tunisia. It focuses on the establishment of an adequate legal framework in Tunisia, with particular attention being paid to the constitution-making process and, on the establishment, the strengthening of certain institutional capacities, such as the constitutional court and the Truth and Dignity Commission. The article first gives a brief historical overview of the human rights situation in Tunisia. This is followed by an analysis of the willingness and capacity to protect human rights in post-uprising transitional Tunisia, in both the 2011–2014 and 2014–2017 periods.This article is based on evidence from a series of semi-structured interviews I conducted with the key political actors from various political parties, and actors from NGOs working on human rights, during field research in Tunisia in October-November 2017, supplemented by secondary literature. | [
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https://openalex.org/W2065164 | AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS | [
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"Tunisia",
"Egypt"
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"https://openalex.org/W2146897893",
"https://openalex.org/W2497440682"
] | https://api.openalex.org/works?filter=cites:W2065164 | This chapter focuses on the African Charter on Human and Peoples' Rights. In the preamble to the Charter of the Organization of African Unity (OAU), the signatories declare their determination “to fight against neo-colonialism in all its forms,” affirm that they are “conscious of the fact that freedom, equality, justice and dignity are essential objectives for the achievement of the legitimate aspirations of the African peoples,” and refer expressly to the United Nations Charter and the Universal Declaration of Human Rights. The African Charter on Human and Peoples' Rights owes its inspiration to the European Convention on Human Rights (1950) and the American Convention on Human Rights (1969). According to Article 63, the Charter enters into force three months after the receipt of ratifications by a simple majority of OAU member States, that is, the 26th OAU state. By the end of 1984, the Charter had been ratified by 14 African States, namely, Burkina Faso, Congo, Egypt, The Gambia, Guinea, Liberia, Mali, Nigeria, Rwanda, Senegal, Sierra Leone, Tanzania, Togo, and Tunisia. | [
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https://openalex.org/W3040485012 | Assessing economic policies impact on human rights in Tunisia – lessons from a United Nations mission | [
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"Tunisia"
] | [
"https://openalex.org/W2893985055",
"https://openalex.org/W4229911291"
] | https://api.openalex.org/works?filter=cites:W3040485012 | Based on a United Nations mission the author conducted to Tunisia in 2017, this article studies the links between economy and human – in particular economic and social- rights in this country. It addresses the following two questions: how do the economic and financial difficulties and related policies implemented affect human rights in Tunisia? To what extent are corruption, illicit financial flows and human rights interlinked in the country? The text presents the most relevant international human rights standards and commitments of Tunisia as well as its national human rights framework concerning human rights and economic policies. It also presents the financial, economic and political challenges that the country faces and the government responses through economic reform programme. It also discusses the efforts made to address corruption and illicit financial flows, including asset recovery at home and abroad, the institutional capacity to fight illicit financial flows and corruption, establishing accountability and curbing impunity, the Truth and Dignity Commission, the organic law on reconciliation in the administrative field and accountability in the banking sector. The article concludes that, while acknowledging that the democratic government is still making efforts to cope with the economic legacy left by the Ben Ali’s regime, the economic reforms (such as austerity and adjustment) being implemented need to adopt a holistic human rights approach in order to ensure those reforms promote these rights more effectively. It also concludes that corruption continues to be a destabilizing force in Tunisia, infecting its economy and undermining the enjoyment of human rights in the country. Towards the end policy recommendations for discussion are presented. | [
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https://openalex.org/W4235729072 | Killing in the Name of Islam? Assessing the Tunisian Approach to Criminalising Takfir and Incitement to Religious Hatred against International and Regional Human Rights Instruments | [
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"Tunisia"
] | [] | https://api.openalex.org/works?filter=cites:W4235729072 | The rise of political Islam since the 1970s and the lack of a robust political alternative during the Arab Spring have paved the way for the widespread issuance of accusations of unbelief or takfir against individuals, groups of people, or institutions. These pronouncements fit into the broader context of radical Islamist ideologies spread by systematic hate propaganda, and when the two converge they constitute instigation to murder. The need to address this phenomenon has arisen in states with substantive Muslim populations in order to protect essential human rights. Tunisia has chosen a head-on approach by criminalising accusations of unbelief and incitement to religious hatred and loathing as terrorist offences. While this approach can be seen as an encroachment upon the right to freedom of expression, it has to be balanced against states' positive obligations in protecting competing human rights. Drawing on the jurisprudence of the Human Rights Committee of the ICCPR and the African Commission of the ACHPR as well as literature in the field of human rights, this paper demonstrates the interrelation between the right to life, freedom from fear, security of the person, and the right to dignity, as well as their violations through unfettered takfirism. | [
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"id": "https://openalex.org/S4306401884",
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|
https://openalex.org/W2911787135 | Litigating Indigenous Peoples' Rights in Africa: The Impact of Convention 169 | [
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] | [
"Tunisia",
"Egypt"
] | [] | https://api.openalex.org/works?filter=cites:W2911787135 | 8 | International Union Rights | 25/4 FOCUS | INDIGENOUS PEOPLES & UNIONS Litigating Indigenous Peoples’ Rights in Africa: The Impact of Convention 169 Thirty years after the adoption of ILO Convention No. 169 (C169), only twenty-three States have ratified it. Only one ratifying country is in Asia (Nepal) and one in Africa (Central African Republic). This sparse support is disappointing given that many more ratified its precursor, Convention No. 107: Bangladesh, India, and Pakistan in Asia, and Angola, Egypt, Ghana, Guinea-Bissau, Malawi, and Tunisia in Africa. In replacing C107 with C169, the ILO was responding to the emergent indigenous peoples’ movement, which rejected C107 as founded on an out-dated integrationist approach. In so doing, C169 re-imagined indigenous peoples as communities deserving of special protections vis-à-vis the majority population and presented a new way of understanding these communities’ concerns. The principles enshrined in C169 — which formalised a more expansive view of the rights of indigenous peoples in international law — and the conceptual shift harkened by its adoption, have informed the way these issues have been subsequently framed and understood by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and by regional human rights institutions. Although many of the concepts and terminology of international human rights law on indigenous peoples derives from the Conventions, much work remains in the realm of C169’s ratification and implementation. This article examines the lack of support for the Convention in Asia and Africa, and assesses the ways in which practitioners have sought to protect the rights of indigenous communities despite C169’s limited ratification. In particular, this article will focus on the experience of Minority Rights Group (MRG), a non-profit organisation working to secure the rights of ethnic, religious, and linguistic minorities and indigenous peoples worldwide. MRG’s experience litigating land rights cases on behalf of indigenous and tribal communities in Africa shows that a more expansive view of the rights of indigenous peoples has made its way into the jurisprudence of the African Human Rights system. Although C169 has informed the way African human rights bodies have interpreted the rights of indigenous peoples under the African Charter of Human and Peoples’ Rights (African Charter), its narrow ratification base and the lack of meaningful implementation models in the countries that have ratified the Convention limit its utility from a strategic litigation perspective. States’ reticence to ratify C169 Although it is hard to know precisely why the majority of African and Asian States have chosen not to ratify C169, particular concerns were voiced in discussions at the ILO, as well as in discussions leading to the adoption of the UNDRIP. The most intractable sticking point involves an ongoing debate surrounding the applicability of the term ‘indigenous peoples’ in Asia and Africa1. In submissions during the C169 drafting sessions, China flatly denied that any indigenous populations lived in their country2. The Indian representative reiterated that, ‘the tribal peoples in India were not comparable in terms of their problems, interest and rights, to the indigenous populations of certain other countries. For this reason, attempts to set international standards on some of the complex and sensitive issues involved might prove to be counter-productive’3. Some governments particularly feared that use of the term ‘peoples’ instead of ‘populations’ could give rise to secessionist aspirations. The representative for India ‘felt that the Committee should carefully consider the impact that the use of “peoples” could have in countries beset with the problems of integration’4. Similar objections were raised to the use of the word ‘territories’ in relation to the ancestral lands of indigenous and tribal peoples. Notably, some of the countries that had ratified C107 simply clung to its integrationist approach. During the C169 drafting sessions, for example, the representative for Bangladesh stated that ‘the existing provisions of [C107] were sufficiently comprehensive. He expressed concern that any attempt to introduce radical changes in the focus and orientation of the Convention would have detrimental effects on territorial integrity and conflict with existing constitutions and legal systems of many countries, and could discourage many countries from ratifying it’5. While each country has its own historical, political, and social context that informs debates over indigeneity... | [
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https://openalex.org/W2246175183 | Human rights in Tunisia : dilemmas for the European Union. | [
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"id": "https://openalex.org/C162324750"
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"id": "https://openalex.org/C155202549"
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{
"display_name": "Epistemology",
"id": "https://openalex.org/C111472728"
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"Tunisia"
] | [] | https://api.openalex.org/works?filter=cites:W2246175183 | The European Union has repeatedly expressed its concern that the Southern Mediterranean
Partner states (SMPs) should promote and protect human rights as defined by the United
Nations Declaration of Human Rights and as recognised by those states in the Barcelona
Declaration of 1995. Europe's concern is both normative, expressing a principled belief in
the universal applicability of the human rights discourse, and pragmatic in so far as human
rights and democracy are seen as necessary correlates of economic reform and development.
In 1996 an Association Agreement came into effect linking Tunisia and Europe through a
series of economic, security and political baskets, or common agendas. Human rights and
democratisation were seen by Europe to be a fundamental condition of economic assistance
and the opening of European markets to Tunisian products. Yet, despite its own claims to
have significantly advanced the human rights agenda in Tunisia, and to have introduced a
level of political pluralism unseen since independence, the Tunisian regime has come under
consistent attack from human rights organisations and even the EU itself for its own human
rights abuses and for the increased centralisation of political power. This paper examines the
accusations levelled against Tunisia, and the Tunisian regime's defence, through the lens of
Tunisian political history. The case raises important questions for the EU in terms of the
ambiguities and inconsistencies in its own policies and policy-making processes. | [] |
|
https://openalex.org/W3183918523 | Islam, Constitutional Law and Human Rights: Sexual Minorities And Freethinkers In Egypt And Tunisia | [
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"id": "https://openalex.org/C166957645"
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] | [
"Tunisia",
"Egypt"
] | [] | https://api.openalex.org/works?filter=cites:W3183918523 | This book focuses on Islamic constitutionalism, and in particular on the relation between religion and the protection of individual liberties potentially clashing with shariᶜa and the Islamic ethos. The analysis goes from general to particular, starting with a theoretical overview on constitutionalism, human rights and Islam, moving to the assessment of the post-Arab Spring Constitutions of Egypt and Tunisia, and concluding with a specific focus on the rights of sexual minorities and freethinkers.
Part I provides a theoretical account of the conception of constitutionalism and human rights in Islam, compared and contrasted with Western constitutionalism. A set of issues where the tension between shariᶜa and human rights is accentuated is analysed against the backdrop of the main Islamic charters of rights. Part II conducts a similar assessment based on the Constitutions of Tunisia and Egypt – the two main epicentres of the Arab Spring. Part III moves to two specific rights in the same countries, from the twofold perspective of the Constitutions and international law: the freedom from interference in one’s intimate life, with particular regard to homosexuality; and the freedom of holding and expressing nonconventional beliefs, deemed unacceptable from the point of view of traditional Islam. These issues have been chosen as representative of the most controversial, still considered taboo in both legal and social terms, hence at the fringes of the debate on individual freedoms. Focusing on two overlooked and underexplored issues, the work thus pushes the boundaries of the human rights discourse in Muslim contexts. | [] |
|
https://openalex.org/W2969822564 | The Role of Religion in Constitutions Emerging From Arab Spring Revolutions | [
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] | [
"Tunisia",
"Egypt"
] | [] | https://api.openalex.org/works?filter=cites:W2969822564 | This Essay examines the treatment of religion in the constitutions of two Arab Spring countries (Egypt and Tunisia) before and after their dictators were toppled in 2011. Though Western governments praised the post Arab Spring constitutions for protecting human rights, this Essay argues that key provisions involving religion contain significant human rights problems in both constitutions. The Essay argues that the international community must acknowledge these issues and urge compliance with the countries’ obligations under the International Covenant on Civil and Political Rights. | [] |
|
https://openalex.org/W3124314723 | The Role of Religion in Constitutions Emerging from Arab Spring Revolutions | [
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] | [
"Tunisia",
"Egypt"
] | [] | https://api.openalex.org/works?filter=cites:W3124314723 | This Essay examines the treatment of religion in the constitutions of two Arab Spring countries (Egypt and Tunisia) before and after their dictators were toppled in 2011. Though Western governments praised the post Arab Spring constitutions for protecting human rights, this Essay argues that key provisions involving religion contain significant human rights problems in both constitutions. The Essay argues that the international community must acknowledge these issues and urge compliance with the countries’ obligations under the International Covenant on Civil and Political Rights. | [
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|
https://openalex.org/W3195123776 | The Effective Opening: Nonviolent Movements and How They Can Help to Enforce International Law Pertaining to Human Rights | [
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"Tunisia"
] | [] | https://api.openalex.org/works?filter=cites:W3195123776 | This thesis paper will examine the following question: How can nonviolent movements create enough pressure on human rights-abusing powers so that the enforcement of international law pertaining to human rights is more viable? Through the lens of this question, the paper will argue that one of the most effective ways to fully enforce international law pertaining to human rights is through the success of nonviolent movements whose goals align with it. This paper will further briefly argue that these movements can be helped by the international community through external support in the form of training and advice. To support this argument this paper will break down nonviolent case studies from Serbia, Liberia, and Tunisia to demonstrate that international law pertaining to human rights can be, and already is being, enforced through these types of movements. Finally, this paper will give recommendations a) to nonviolent movements, governments, transnational organizations, and supranational organizations; b) for the more effective enforcement of international law pertaining to human rights; and c) to those engaged in future research. | [] |
|
https://openalex.org/W608526187 | Human rights, state crimes and social networking | [
{
"affiliations": [],
"display_name": "Xiaoya Zhang",
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"display_name": "Geography",
"id": "https://openalex.org/C205649164"
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"id": "https://openalex.org/C41008148"
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{
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"display_name": "Algorithm",
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] | [
"Tunisia",
"Libya",
"Egypt"
] | [
"https://openalex.org/W647263658",
"https://openalex.org/W1530651448",
"https://openalex.org/W1585869441",
"https://openalex.org/W1600074479",
"https://openalex.org/W1990579820"
] | https://api.openalex.org/works?filter=cites:W608526187 | In January 2011, the rising number of protests and revolutions in North Africa and
Middle East represented a significant issue of human rights protection to the whole
world. Typical revolutionary countries, such as Egypt, Libya, Tunisia, have similar
political regimes and historical social conflicts. One speciality in these revolutions
was that social networks, especially those on the internet, played a key role in their
outcomes.
The purpose of this study is to explore the impact of new communication technologies
on protecting human rights from violations. The thesis explores human rights in
their historical context, while aiming to contribute to an understanding of how the
new communication technologies, such as social networking, promote human rights
protection. A discussion of the concept of state crime and state defined political
crime highlights the blocking of human rights protection in particular countries.
This thesis analyses the impact of social networking on human rights protection
against the through a case study of the recent Egyptian revolution. It provides an
extended analysis of advantages of social networking, and concludes with a
theoretical explanation of its impact on human rights protection. | [] |
|
https://openalex.org/W3214220030 | Reflection on Part I | [
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] | [
"Tunisia"
] | [] | https://api.openalex.org/works?filter=cites:W3214220030 | Part I of this book has discussed multiple examples of process-based review in fundamental rights cases. The judgments demonstrate that procedural reasoning has been and is being applied by courts to determine whether fundamental rights have been violated. Courts have turned to procedural reasoning concerning a wide variety of rights. Process-based fundamental rights review is not used only in relation to procedural rights, like the right to a fair trial (e.g., the two European Arrest Warrant cases) and the right to effective remedies (e.g., the amparo remedy), but also in relation to substantive rights, like the right to life (e.g., Carter). Courts have also applied process-based review to help them assess public authorities’ compliance with civil rights (e.g., the right to freedom of expression, Miss Behavin Ltd.), political rights (the right to political participation, e.g., Doctors for Life International), socioeconomic rights (the right to housing, e.g., I.D.G.), and cultural rights (the right to respect of the cultural lifestyle of Roma and travellers, Winterstein). Procedural reasoning has also been used to examine whether decision-making authorities have met their negative obligations, for example, whether they have refrained from biased decision-making (e.g., Baker), as well as their positive obligations, for instance, whether they have tried to strike a balance between the various interests and rights at stake (e.g., Von Hannover (No. 2) and Quila). In addition, the examples show that courts’ review of the quality of decision-making procedures varies in its focus. In certain cases, courts focused on evidence-based decision-making (e.g., Hartz IV) and on reason-giving for decisions (e.g., ‘Tunisian case’), whereas in other cases, they emphasised the need for deliberative and participation-oriented procedures (e.g., Carolene Products and Fullilove). | [] |
|
https://openalex.org/W1986005716 | Islam and Justice: Debating the Future of Human Rights in the Middle East and North Africa (review) | [
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"Tunisia",
"Sudan",
"Iran",
"Egypt"
] | [] | https://api.openalex.org/works?filter=cites:W1986005716 | Reviewed by: Islam and Justice: Debating the Future of Human Rights in the Middle East and North Africa Ann Elizabeth Mayer Islam and Justice: Debating the Future of Human Rights in the Middle East and North Africa, by Lawyers Committee for Human Rights (January 1997). Islam and Justice: Debating the Future of Human Rights in the Middle East and North Africa chronicles discussions during a symposium in England on human rights problems in the Middle East and North Africa and includes several background papers written by participants. Particularly interesting are lively confrontations between advocates of human rights and proponents of political Islam. The Lawyers Committee has rendered a valuable service by setting up this encounter and disseminating the record of the provocative debates. The papers and discussions will afford readers a chance to peruse the unfiltered opinions of Muslims adhering to divergent trends and to appraise where the conversation currently stands. Unfortunately, the interesting and diverse array of spokespersons for human rights, which includes several Westerners, confronts a much smaller Islamist contingent. Due to factors such as resentment over the Western tendency to harp on human rights abuses perpetrated by Islamic fundamentalists, while downplaying abuses under secular regimes, many Islamists would be wary of participating in any forum organized by a US based human rights organization like the Lawyers Committee. A few relatively moderate Islamists did contribute—the most prominent being the well-known leader of the formerly potent Tunisian Nahda movement, Rached al-Ghannouchi, who now lives in exile in England. Unfortunately, Ghannouchi did not participate in the second part of the symposium, so the exchanges with him are truncated. Whether political Islam and human rights can coexist is a momentous question. Both enjoy widespread appeal among the disaffected populace in the Middle East and North Africa, where alternative schemes of legitimacy quite naturally surface as mechanisms for challenging the oppression of entrenched elites. Both Islam and human rights are used by Muslims in these regions to critique the injustices of the existing orders and to propose how to restructure polities based on sounder values. Analysts differ as to whether Islamic movements and human rights activism, which have often been at loggerheads, are destined to be always competing—even hostile—forces, or whether there are commonalities that could open the way to a fruitful alliance between the two. To date, the facts that human rights have been egregiously violated by supposedly “Islamic” regimes, and that human rights activists have sharply criticized Islamist movements for their deficient human [End Page 875] rights policies, have engendered mutual suspicions and recriminations. Still, each of these two opposition forces has indirectly paid tribute to the authority enjoyed by the other. Human rights NGOs have tried to incorporate Islamic elements in their appeals and to institute dialogue with Islamists, and Islamists have tried to coopt human rights in the form of “Islamic” human rights, which purport to offer indigenous models of rights that are respectful of religious traditions. The interpenetration of Islamist and human rights discourse that surfaces in these discussions is a phenomenon worth monitoring. Because they are significantly outnumbered in the discussions recorded here, the Islamists have difficulty parrying the challenges brought by the numerous articulate and assertive Muslim professionals and activists in the human rights contingent. The two groups often talk past each other, revealing their dissimilar priorities. One side touts its ultimate objectives; the other side fusses over details of due process. Islamists prefer to speak in terms of broad goals—such as justice and morality—as they promote their utopian visions of the perfect society that will (automatically) ensue once Islamic law is in place. They seem uninterested in issues of process. Exactly how their Islamic government would operate and how it would avoid replicating current problems in countries like Iran and the Sudan are left unexplained. The young Egyptian Islamist Heba Raouf Ezzat calls for progress in the Islamic community—“not to match international standards necessarily, but to match what I believe is just and fair.” 1 That is, in lieu of concrete human rights measures she offers personal goals defined by totally subjective criteria. Ghannouchi speaks vaguely of “general principles, general values” of human rights being inherent... | [
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https://openalex.org/W4379621542 | Litigating Indigenous Peoples' Rights in Africa: The Impact of Convention 169 | [
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] | [
"Tunisia",
"Egypt"
] | [] | https://api.openalex.org/works?filter=cites:W4379621542 | 8 | International Union Rights | 25/4 FOCUS | INDIGENOUS PEOPLES & UNIONS Litigating Indigenous Peoples’ Rights in Africa: The Impact of Convention 169 Thirty years after the adoption of ILO Convention No. 169 (C169), only twenty-three States have ratified it. Only one ratifying country is in Asia (Nepal) and one in Africa (Central African Republic). This sparse support is disappointing given that many more ratified its precursor, Convention No. 107: Bangladesh, India, and Pakistan in Asia, and Angola, Egypt, Ghana, Guinea-Bissau, Malawi, and Tunisia in Africa. In replacing C107 with C169, the ILO was responding to the emergent indigenous peoples’ movement, which rejected C107 as founded on an out-dated integrationist approach. In so doing, C169 re-imagined indigenous peoples as communities deserving of special protections vis-à-vis the majority population and presented a new way of understanding these communities’ concerns. The principles enshrined in C169 — which formalised a more expansive view of the rights of indigenous peoples in international law — and the conceptual shift harkened by its adoption, have informed the way these issues have been subsequently framed and understood by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and by regional human rights institutions. Although many of the concepts and terminology of international human rights law on indigenous peoples derives from the Conventions, much work remains in the realm of C169’s ratification and implementation. This article examines the lack of support for the Convention in Asia and Africa, and assesses the ways in which practitioners have sought to protect the rights of indigenous communities despite C169’s limited ratification. In particular, this article will focus on the experience of Minority Rights Group (MRG), a non-profit organisation working to secure the rights of ethnic, religious, and linguistic minorities and indigenous peoples worldwide. MRG’s experience litigating land rights cases on behalf of indigenous and tribal communities in Africa shows that a more expansive view of the rights of indigenous peoples has made its way into the jurisprudence of the African Human Rights system. Although C169 has informed the way African human rights bodies have interpreted the rights of indigenous peoples under the African Charter of Human and Peoples’ Rights (African Charter), its narrow ratification base and the lack of meaningful implementation models in the countries that have ratified the Convention limit its utility from a strategic litigation perspective. States’ reticence to ratify C169 Although it is hard to know precisely why the majority of African and Asian States have chosen not to ratify C169, particular concerns were voiced in discussions at the ILO, as well as in discussions leading to the adoption of the UNDRIP. The most intractable sticking point involves an ongoing debate surrounding the applicability of the term ‘indigenous peoples’ in Asia and Africa1. In submissions during the C169 drafting sessions, China flatly denied that any indigenous populations lived in their country2. The Indian representative reiterated that, ‘the tribal peoples in India were not comparable in terms of their problems, interest and rights, to the indigenous populations of certain other countries. For this reason, attempts to set international standards on some of the complex and sensitive issues involved might prove to be counter-productive’3. Some governments particularly feared that use of the term ‘peoples’ instead of ‘populations’ could give rise to secessionist aspirations. The representative for India ‘felt that the Committee should carefully consider the impact that the use of “peoples” could have in countries beset with the problems of integration’4. Similar objections were raised to the use of the word ‘territories’ in relation to the ancestral lands of indigenous and tribal peoples. Notably, some of the countries that had ratified C107 simply clung to its integrationist approach. During the C169 drafting sessions, for example, the representative for Bangladesh stated that ‘the existing provisions of [C107] were sufficiently comprehensive. He expressed concern that any attempt to introduce radical changes in the focus and orientation of the Convention would have detrimental effects on territorial integrity and conflict with existing constitutions and legal systems of many countries, and could discourage many countries from ratifying it’5. While each country has its own historical, political, and social context that informs debates over indigeneity... | [] |
|
https://openalex.org/W3124131089 | Human Rights Obligations of Non-State Armed Groups in Other Situations of Violence: The Syria Example | [
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] | https://api.openalex.org/works?filter=cites:W1845863511 | Drawing on ethnographic fieldwork in Sudan, this article illuminates the consequences of human rights educational workshops as a form of humanitarian assistance in war-ravaged areas. These projects are built on flawed assumptions about Sudanese politics and about the likelihood that human rights education empowers the war-ravaged poor. The beneficial impacts of human rights discourse stem from its side effects, which fulfill urgent and symbolic needs, and not from the core content of human rights. The case of an authoritarian regime exposes an alternative site of rights promotion, outside the established or struggling democracies where most literature on rights resides. Bridging the literature on rights in Western, democratic contexts and on human rights in Africa, this article argues that law is not enough—and is potentially dangerous—in the insecure and impoverished areas where the international aid community has been encouraging it to flourish. | [
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This third edition has been fully revised and updated, and contains a completely new chapter on business, conflict and human rights. Making use of both theoretical and practical approaches, the authors:
examine the tensions and complementarities between protection of human rights and resolution of conflict – the competing political demands and the challenges posed by internal armed conflict and the increasing role of nonstate actors, including corporations, in armed conflicts;
explore the scope and effects of human rights violations in contemporary armed conflicts, such as in Sierra Leone, Sudan, South Sudan, the Democratic Republic of Congo and the former Yugoslavia;
assess the legal and institutional accountability mechanisms developed in the wake of armed conflict to punish violations of human rights law and international humanitarian law such as the ad hoc tribunals for the former Yugoslavia and Rwanda, hybrid or internationalized tribunals and the International Criminal Court;
discuss continuing and emergent global trends and challenges in the fields of human rights and conflict analysis.
This volume will be essential reading for students of war and conflict studies, human rights and international humanitarian law, and highly recommended for students of conflict resolution, peacebuilding, international security, transitional justice and international relations generally. | [] |
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] | [] | https://api.openalex.org/works?filter=cites:W602012362 | Introduction:. Human Rights in the Study of Politics D. Beetham (Leeds University). Human Rights and Political Theory:. 1. Human Rights in Political Theory: S Mendus (York University). 2. Are There Collective Human Rights?: M Freeman (Essex University). 3. What Future for Economic and Social Rights?: D. Beetham (Leeds University). Human Rights in a Global Context:. 4. State Sovereignty and Human Rights: Towards a Global Constitutional Project: A Rosas (Abo Akademi University). 5. Stock Taking on Human Rights: The World Conference on Human Rights, Vienna 1993: K Boyle (Essex University). 6. The Role and Limits of Human Rights NGOs at the United Nations: R Brett (Quaker United Nations Office). 7. Human Rights and US Foreign Policy: Two Levels, Two Worlds: D P Forsythe (Nebraska-Lincoln University). Regional Perspectives on Human Rights. 8. Human Rights and the New Europe: Experience and Experiment: H Storey (Leeds University). 9. Relativism and Universalism in Human Rights The Case of the Islamic Middle East: F Halliday (London School of Economics & Political Science). 10. Human Rights in the Processes of Transition and Consolidation of Democracy in Latin America: F Panizza (Institute of Latin American Studies, London University). 11. Human Rights and Democratisation in Africa: S Kaballo (Sudan Human Rights Organisation). 12. Regime Security and Human Rights in Southeast Asia: K Christie (Natal University). | [] |
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"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W4300009192 | This fourth edition of David P. Forsythe's successful textbook provides an authoritative and timely analysis of the place of human rights in an age of upheaval in international politics. Human rights standards are examined at the global, regional and national levels, with separate chapters on transnational corporations and advocacy groups. Completely updated and revised, the fourth edition takes account of new sources and recent scholarship, as well as recent events, such as the Syrian war, the rise of ISIS, refugee flows, South Sudan crises, and the resurgence of nationalism. A new chapter has been added on the media and human rights, covering both traditional and social media. Examining attempts to protect human rights by various actors, such as the United Nations, the European Union, transnational corporations, and the media, the book stresses that the open-ended fate of universal human rights depends on human agency in this context. Containing further reading suggestions and discussion questions, this textbook is a vital resource for courses on human rights in an international context. | [] |
|
https://openalex.org/W2072361251 | Recent Developments in the African Human Rights System 2004 2006 | [
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"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W2072361251 | This article examines some of the significant institutional and legal developments in the African human rights system between July 2004 and December 2006. 1 During this period, measured progress was made by the African Union on the establishment of an African Court of Human and Peoples’ Rights (‘African Court’). The thematic procedures of the African Commission on Human and Peoples’ Rights (‘Commission’) were engaged more extensively than before, culminating in the adoption by the Commission of country resolutions on the situation of human rights in Ethiopia, Sudan, Uganda and Zimbabwe. These country resolutions generated, for the first time, direct confrontation between the Assembly of the Heads of State and Government of the African Union (‘Assembly’) and the Commission at a Summit of the Assembly held in Khartoum in January 2006. As a result, the Commission's 19th Annual Activity Report that had contained these resolutions was embargoed by the Assembly. These resolutions were released later in the 20th Annual Activity Report after Ethiopia, Sudan, Uganda and Zimbabwe had formally responded to the Commission. During the period under review, the Commission also sought to enhance its capacity by reviewing its status, mandate and independence in the framework of the African Union and developed the practice of exposing the imperfect record of periodic reporting by States Parties to the African Charter on Human and the Peoples’ Rights 1981 (‘African Charter’). 2 The growing number of individual complaints on the docket of the Commission was also apparent, and three of the Commission's most important decisions made in the period under review are discussed subsequently. | [
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"id": "https://openalex.org/S84944781",
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|
https://openalex.org/W3123563480 | The African Human Rights Court: A Two-Legged Stool? | [
{
"affiliations": [],
"display_name": "Makau W. Mutua",
"id": "https://openalex.org/A5069269569"
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"id": "https://openalex.org/C95691615"
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"display_name": "Political science",
"id": "https://openalex.org/C17744445"
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"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
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"display_name": "Charter",
"id": "https://openalex.org/C2777596936"
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{
"display_name": "Reservation of rights",
"id": "https://openalex.org/C27357055"
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] | [
"Sudan",
"Somalia"
] | [
"https://openalex.org/W26784298",
"https://openalex.org/W276920352",
"https://openalex.org/W1973548011",
"https://openalex.org/W2053625365",
"https://openalex.org/W2055118808",
"https://openalex.org/W2089101331",
"https://openalex.org/W2146897893",
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"https://openalex.org/W2606873493",
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"https://openalex.org/W3124467954",
"https://openalex.org/W3124552505",
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] | https://api.openalex.org/works?filter=cites:W3123563480 | The African Human Rights Court: A Two-Legged Stool? Makau Mutua (bio) I. Introduction The adoption in June 1998 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (African Human Rights Court) 1 by the Assembly of Heads of State and Government of the Organization of African Unity (OAU) is potentially an important step in the protection of human rights in the African continental system. 2 The African Human Rights Court would complement 3 [End Page 342] the African Commission on Human and Peoples’ Rights (African Commission), the body that has exercised continental oversight over human rights since 1987. 4 The Protocol suggests that the African Human Rights Court will make the promotion and the protection of human rights within the regional system more effective. 5 However the mere addition of a court, although a significant development, is unlikely by itself to address sufficiently the normative and structural weaknesses that have plagued the African human rights system since its inception. The modern African state, which in many respects is colonial to its core, has been such an egregious human rights violator that skepticism about its ability to create an effective regional human rights system is appropriate. 6 Although the African Charter makes a significant contribution to the human rights corpus, it creates an ineffectual enforcement system. Its most notable contributions are the codification of the three “generations” of rights, including the innovative concept of peoples’ rights, 7 and the imposition of duties on individuals. 8 But many commentators have focused on the [End Page 343] weaknesses in the African system. These include the “clawback” clauses in the African Charter, the potential abuse of the language of duties, and the absence of an effective protection mandate for the African Commission. 9 Recent changes in the African states, particularly those changes responding to demands for more open political societies, may augur well for the protection of civil and political rights. 10 Emergent democracies such as Namibia, Malawi, Benin, South Africa, Tanzania, and Mali are more inclined than their predecessors to respect human rights at home and to agree to a more viable regional system. In this context, the proposed African Human Rights Court would operate in a less hostile or cynical environment than the environment that determined and sharply limited the powers and effectiveness of the African Commission. In addition, the 1994 Rwandese genocide and the recent atrocities in Nigeria, Liberia, Somalia, Ethiopia, Sudan, Sierra Leone, Burundi, the Republic of the Congo, and the Democratic Republic of the Congo have further illuminated the need for stronger domestic and regional guarantees for human rights. In fact, at no time in recent African history have the conditions for the creation of an effective regional human rights system been more favorable. This article critically evaluates the proposed African Human Rights Court and assesses its potential impact on the African human rights system. It probes the powers of the Court and asks whether a clear and mutually reinforcing division of labor between it and the African Commission could be developed to more effectively promote and protect human rights on the continent. For example, should the mandate of the African Commission be limited primarily to promotional activities, and the African Human Rights Court exclusively given the protective function? What relationship should the Court have to the African Commission? In sum, this article explores the effect that the African Human Rights Court is likely to have in three principal areas. First, it examines the role of the African Human Rights Court in the development of the law of the African Charter and other relevant human rights instruments. Second, it addresses ways in which the Court can fill the lacunae left by the African [End Page 344] Commission and alleviate some of its weaknesses. Finally, it discusses ways in which the Court can penetrate the legal and political cultures of African states to inspire, encourage, and ensure the internalization of human rights. II. Ambiguity and Anemia: The Status Quo The African human rights system is anchored in the African Charter, an instrument that is largely promotional with an ambiguous protective function and no credible... | [
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|
https://openalex.org/W2314144510 | The Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure: Good News? | [
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"affiliations": [],
"display_name": "Gauthier de Beco",
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"display_name": "Convention",
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"display_name": "Right to property",
"id": "https://openalex.org/C22299250"
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"display_name": "Convention on the Elimination of All Forms of Discrimination Against Women",
"id": "https://openalex.org/C2779080126"
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"id": "https://openalex.org/C543595228"
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{
"display_name": "Politics",
"id": "https://openalex.org/C94625758"
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] | [
"Sudan",
"Somalia"
] | [] | https://api.openalex.org/works?filter=cites:W2314144510 | The adoption of the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (OP3-CRC) is the last piece of the puzzle in the United Nations (UN) treaty body system. Besides examining State reports on the implementation of international human rights treaties and making recommendations on how to improve compliance with these treaties, all UN treaty bodies have now been given the competence to receive individual communications. All core international human rights treaties therefore have a corresponding communications procedure, either in the treaty itself or in an optional protocol.1 The Convention on the Rights of the Child (CRC) has a comprehensive set of provisions on children’s rights, including civil and political as well as economic, social and cultural rights. The CRC has been ratified by all States but three (Somalia, South Sudan and the USA), making it the most ratified core international human... | [
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|
https://openalex.org/W2760876306 | Migration Control à la Khartoum: EU External Engagement and Human Rights Protection in the Horn of Africa | [
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"display_name": "Mohamed Abdelsalam Babiker",
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"id": "https://openalex.org/C166957645"
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] | [
"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W2760876306 | This article examines the European Union–Horn of Africa Migration Route Initiative (the Khartoum Process), which is primarily aimed at combating human trafficking and smuggling in the region. It probes this partnership model in the field of external migration control from a human rights and refugee law perspective. Instead of being based on a human rights approach, the Khartoum Process has relied on a managerial, project-based approach to the complex realities of mixed migration in the Horn of Africa. The article uses Sudan as a case study, due to its critical role in the Khartoum Process. It identifies systemic weaknesses in Sudan’s law and practice, which cast serious doubts on Sudan’s ability to combat trafficking and smuggling in conformity with international standards, and its reliability as a partner in “migration management”. It also shows how the Khartoum Process risks undermining the coherence of the European Union’s external policy, particularly in respect of human rights protection in the region. These findings corroborate critiques of, and accentuate concerns about flawed partnership models and externalisation policies driven by imperatives of migration control. The article concludes by sketching out an alternative approach based on attention to context, process, and respect for human rights. | [
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{
"display_name": "Center for International and Regional Studies (Georgetown University)",
"id": "https://openalex.org/S4306400728",
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|
https://openalex.org/W122955574 | Private Enforcement of International Human Rights Laws: Could a Small Church Group Successfully Combat Slavery in the Sudan? | [
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"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W122955574 | State-to-state enforcement is paradigmatic method of punishing a state's violations of public international law. However, in face of international political complexities, private citizens must sometimes undertake heavy task of ensuring international legal protection for themselves. The recent situation in Sudan is one such example. Because of need for Sudan's help in war against terrorism, United States is temporarily unable to pursue usual means of enforcing antislavery mandates against Sudan's Khartoum government. A group of private citizens has thus decided to make an attempt at reparation by striking at a private entity that it sees as central to evils it has endured-a Canadian oil company. Might this type of private enforcement prove successful on a large scale in combating entrenched human rights violators, untouchable by traditional government action? To what extent should private citizens be enforcers of international law? Were they envisioned as such under UN Charter, Universal Declaration of Human Rights (UDHR), and other such documents? This development will illustrate how private enforcement-though perhaps nontraditional-may be one of most successful methods of ensuring compliance with human rights laws, especially in midst of international political pressures. And though it may seem a functionally dangerous practice to invite large-scale private litigation in politically tenuous times, private enforcement of international rights norms has long been contemplated by Alien Tort Claims Act (ATCA), and more recently, Torture Victims Protection Act (TVPA). Although UN Charter and UDHR do not provide private causes of action, more recently adopted instruments, such as TVPA, reflect modern need for greater flexibility in methods of international legal enforcement. In Sudan, private enforcement may be only way for private citizens subjected to slavery to achieve IMAGE FORMULA3 any sort of remuneration, at least as long as United States continues to need assistance of Sudanese government. Secretary of State Colin Powell has said that [t]here is perhaps no greater tragedy on face of earth today than tragedy that is unfolding in Sudan.1 Sudan, Africa's largest state, is one of only two nations in world currently recognized as engaged in practice of traditional slavery. The United Nations Children's Fund (UNICEF) estimates that Sudan has between ten and fourteen thousand slaves, while groups active in redemption efforts estimate that number approximates one hundred thousand.2 In fact, the accusation is made that slavetrading is done by government-backed, armed while government looks other way, to compensate militias for fighting in nation's fifty-year civil war.3 Allegations also abound regarding Sudanese involvement in non-traditional slave activities, such as forced prostitution and forced labor. Traditional slavery is clearly in violation of international law, and some theorists reason that these non-traditional practices may also be categorized as violations of international law of human rights.4 However, slavery is an extremely profitable enterprise; one estimate puts profit from human trafficking as high as $7 billion worldwide.5 And when a foreign government gains astronomically from institution of slavery-be it directly or indirectly-and simultaneously denies its very presence, perhaps out of reputational concerns, it will likely be difficult for international community to institute formal anti-slavery measures. However, international community has certainly tried to halt practice of slavery in Sudan. During past five years, United States government has worked in conjunction with United Nations to stop atrocities in Sudan and to help Islamic Khartoum government reach a peace agreement with rebel Sudan People's Liberation Movement/Army (SPLM/A). … | [
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|
https://openalex.org/W2026604219 | RELIGION AND A HUMAN RIGHTS CULTURE IN AMERICA | [
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"Sudan"
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"https://openalex.org/W606664296",
"https://openalex.org/W1572731223",
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"https://openalex.org/W1997215550",
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"https://openalex.org/W2470312885",
"https://openalex.org/W3160589968"
] | https://api.openalex.org/works?filter=cites:W2026604219 | Abstract During the Clinton and Bush Administrations, evangelicals translated their religiously-grounded support for certain international human rights causes into a more generic humanitarian language that non-religious people could also support. Following the passage of the International Religious Freedom Act under Clinton, the Trafficking Victims Protection Act rallied a coalition of human rights groups, evangelicals, and several feminist organizations. Religio-moral persuasion continued to effect change under the Bush Administration, as evangelicals challenged U.S. foreign policy to address human rights violations in Sudan and North Korea. Overall, the strength of religio-moral persuasion depends on co-opting others rather than coercion. | [
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"id": "https://openalex.org/S160173694",
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|
https://openalex.org/W1485196234 | Criminal Law Reform and Transitional Justice: Human Rights Perspectives for Sudan | [
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"display_name": "Lutz Oette",
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"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W1485196234 | Sudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns. This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice. For the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives. The book provides valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. It also considers what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process. | [] |
|
https://openalex.org/W1987049777 | Rising Powers and Human Rights: The India-Brazil-South Africa Dialogue Forum at the UN Human Rights Council | [
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] | https://api.openalex.org/works?filter=cites:W1987049777 | In the official declarations of the India-Brazil-South Africa Dialogue Forum (IBSA), the three states claim a shared understanding of human rights and a deep commitment to the international promotion and protection of these rights. This article considers these two propositions in light of the actions of the IBSA states on the United Nations Human Rights Council. After examining the positions of the IBSA states on seven controversial country-specific cases (Belarus, Darfur and Sudan, Iran, Israel, North Korea, Sri Lanka, and Syria) and four controversial thematic domains (economic rights, racism, freedom of expression, and sexual orientation), I conclude that the three states do not have the same views about human rights. Furthermore, I find that the IBSA states often do not support pro-human rights initiatives in the Council, although Brazil stands apart from India and South Africa for its greater willingness to support stronger human rights positions. | [
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https://openalex.org/W3121588403 | Human Rights and Southern Realities | [
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] | https://api.openalex.org/works?filter=cites:W3121588403 | Human Rights and Southern Realities Tamara Relis (bio) Human Rights, Southern Voices: Francis Deng, Abdullahi An-Na'im, Yash Ghai, Upendra Baxi (William Twining ed., Cambridge Univ. Press, 2009) 248 pages, ISBN 9780521130264 and Helen M. Stacy , Human Rights for the 21st Century: Sovereignty, Civil Society, Culture (Stanford Univ. Press, 2009) 280 pages, ISBN 9780804760959. I. Introduction The proliferation of international human rights treaties, committees, and courts, and the development of human rights norms and standards over the last sixty years represent immense achievement. International human rights laws and principles are now asserted throughout the world by individuals [End Page 509] of many cultures and traditions. Yet, at the same time human rights ideas continue to have difficulty in manifesting their relevance in the daily lives of those who are geographically and culturally distant from international institutions.1 Thus, the international human rights regime has arguably reached a juncture that demands a reoriented view responding to the disparities between human rights laws and principles on the one hand, and realities on the ground for many of the subjects of human rights on the other.2 While scholars have noted this discontinuity, particularly for those in the global South, few have attempted to realistically respond to this. Two new books—William Twining's Human Rights, Southern Voices: Francis Deng, Abdullahi An-Na'im, Yash Ghai, Upendra Baxi, (Southern Voices) and Helen Stacy's Human Rights for the 21st Century (21st Century)—address aspects of this paradox, and lay the foundations for exciting changes in the international human rights regime in the twenty-first century. Southern Voices is unique in that it provides important perspectives from four renowned non-Western legal scholars—Deng (Sudan), An-Na'im (Northern Sudan), Ghai (Kenya), and Baxi (India). The authors offer timely insight into societies and cultures of the global South in terms of their interests, concerns, and perspectives on human rights. The authors are realistic about the obstacles involved in reconciling the discourse of human rights with many of the practices relating to human rights issues around the globe. Yet, they provide concrete advice on how to advance towards realizing the vision of international human rights. Their insights highlight the cosmopolitan reality of the current human rights regime. They also underscore the need for greater incorporation of Southern views and traditions into the discourses on human rights within any legitimate international order.3 21st Century addresses the main critiques of international human rights, specifically cultural pluralism, sovereignty and civil society. The book additionally proposes the development of a hybrid regional human rights court system, interstitially positioned between international human rights institutions and national courts. Such regional courts, Stacy argues, respond to the issue of the universality of human rights, as their unique position allows them to integrate international treaty principles with the realities of cultural pluralism and diverse local practices. The hybrid regional courts would simultaneously promote and improve human rights norms across cultures and political and social orders, while honoring social, cultural, and religious values and mediating these different values through principles and process.4 [End Page 510] This essay provides a critical account of some important remaining gaps in the literature on international human rights theory and practice. It argues that relatively little scholarship, including both reviewed books in their discussions on human rights praxis, grounds its analysis in the discourse of the subjects of international human rights law, particularly those people actually involved in human rights violations in the developing world. This is notwithstanding the fact that a main function of the international human rights movement is to give voice and power to those oppressed. Further, the meaning of human rights must be grounded in local culture at grassroots levels. Top-down textual and theoretical analyses relating to human rights practice cannot adequately capture the textured realities and complexity of factors involved. Consequently, bottom-up perspectives from local actors must be incorporated to additionally inform and possibly reframe macro-level scholarly conversations on human rights as well as policies aimed at improving respect for human rights at grassroots levels. Given that the "global south" is extremely diverse, questions such as, "What are victims' and legal actors' conceptions and expectations of human rights... | [
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https://openalex.org/W2105684711 | Michelot Yogogombaye v The Republic of Senegal: The African Court's First Decision | [
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] | [] | https://api.openalex.org/works?filter=cites:W2105684711 | The African Court on Human and Peoples’ Rights (‘African Court’ or ‘Court’) was established by the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (‘the Protocol’) with the jurisdiction to deal with ‘all cases and disputes submitted to it concerning the interpretation and application of the [African] Charter [on Human and Peoples’ Rights], this Protocol [establishing the Court] and any other relevant Human Rights instrument ratified by the States concerned.’1 The first 11 Judges of the Court were appointed by the Assembly of the African Union at its sixth ordinary session in Khartoum, Sudan, in January 2006.2 Four new Judges (replacing four of the first 11 whose terms of office had expired) were appointed by the 11th ordinary session of the Assembly of the African Union in July 2009.3 Aside from the... | [
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https://openalex.org/W3111129299 | Role of International Criminal Court in Reducing Human Rights Violations | [
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] | https://api.openalex.org/works?filter=cites:W3111129299 | Crimes against human rights and military conflicts within and between states are forcing the international community to take collective responsibility for peace and prevention of such incidents. An important factor in this direction is the accountability of those who commit crimes against humanity. Apart from representatives of the judicial system of each individual country, this role is assigned to the International Criminal Court (ICC). While its role in the investigation of military conflicts and crimes against human rights has been questioned by a series of setbacks, it is impossible to deny the ICC's impact on peace. To identify the role of the ICC in the establishment and protection of human rights, authors analyse closed and open criminal investigations throughout the history of the Court. Analysis of the criminal cases opened in 4 countries is provided, namely: Uganda, Kenya, Sudan, and Iraq. The obtained data demonstrate that investigations are more effective in countries that are members of the Rome Statute. With more power, the International Criminal Court can work more effectively with the governments of these states and hold those responsible for crimes against humanity to account. Thus, in Sudan, the pre-trial investigation in several cases has been going on for more than 10 years, the trial itself has not yet begun. In the Iraq-UK case, the ICC Attorney's Office also failed to obtain justice for the perpetrators of crimes against Iraqi citizens. The authors recommend addressing this factor and consider an in-depth study of the ICC statute. Changes in international criminal justice require flexibility from relevant organisations and their statutes. | [
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https://openalex.org/W4241934863 | Introduction | [
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] | [] | https://api.openalex.org/works?filter=cites:W4241934863 | Introduction Amal Hassan Fadlalla (bio) and Omolade Adunbi (bio) Biafra . . .In our time it came again . . .Emboldened by half a millenniumOf conquest, batteringOn new oil dividends, are nowAt its black throat squeezing . . .Must Africa haveTo come a third time? —Chinua Achebe, ‘‘Biafra, 1969’’1 In his analysis of human rights languages and metaphors, Makau Mutua argues that the human rights project reproduces colonial imageries of Africa’s savagery and barbarism. In his early work, Mutua argued that human rights discourse is characterized by a narrative of saviors, victims, and savages, where the victims and savages are Africans in need of rescue and civilization. Although the position of ‘‘savage’’ has now shifted from individuals to the African state, Mutua’s tripartite classification remains intact in many analyses of the role of human rights discourses and practices in Africa. The emphasis is on Africans’ cultural incapacity to rule, and human rights are proposed as a means through which to rebuild the African nation-state, exemplifying liberal democracy and good governance. Although such tropes continue to infuse contemporary human rights and humanitarian languages and practices, a narrow focus on a savior/savage analysis overlooks the strategies and social positions of various translocal actors and their conscious appropriation of these languages and metaphors. Such a dichotomous analysis of human rights and humanitarian practices also prevents us from understanding how various transnational players mobilize gender, ethnic, and class disparities to fight for justice and contest the global connections that produce violence and dispossession at this particular moment. This special issue highlights these nuances and explores interconnected themes related to the cultural politics of human rights and humanitarianism in Africa. Ongoing political conflicts in Africa, such as those in the Congo and the two Sudans, together with other transformations initiated by the Arab Spring in 2011, continue to generate debate about human rights and humanitarian interventions in the continent. Building on Mutua’s critique, the authors in this dossier move beyond the savior/savage narrative to re-interrogate the meaning of rights and national and transnational solidarities in the post–Cold War era. The five essays here examine the tensions between master narratives and counternarratives, the mobilization of new [End Page 1] celebrities and humanitarian activists, the ‘‘intimate politics’’ of rights in low-income urban households, the re-Orientalization of Islam and Muslim cultures, and the continuous denial of pastoralists’ land rights. In the humanitarian memory, Biafra is known as the first publicized African famine in which images of emaciated children found their way to audiences across the world through the media. The Sahel famines of the 1980s received even more attention as images of famished children from Ethiopia and the Sudan became staples in Western media and fundraising campaigns to aid struggling farmers and nomads. As many humanitarian organizations, among them Oxfam and Save the Children, tended to the poor in these areas, celebrities began to enter the humanitarian field to raise awareness about the African famines. Bob Geldof, Harry Belafonte, Michael Jackson, and others—and their imagining of a united humanitarian order, expressed in such inspirational songs as ‘‘Do They Know It’s Christmas’’ and ‘‘We Are the World’’— represented a new wave of humanitarian solidarity.2 This solidarity, grounded by familial and religious sentiments, highlighted a surge of faith-based (and other) alliances that had a visible impact on public opinion and the expansion of humanitarian activism.3 Enabled by new media and technologies, celebrities produced a vibrant visual culture that rendered more accessible images and stories of a particular kind of African suffering. Witness accounts by prominent celebrities, the production of translated stories of suffering co-authored by journalists and survivors, and campaigns for building solidarities with survivors combined to generate alternative knowledge about African calamities at the turn of the twenty-first century. Celebrities are now taken seriously as goodwill ambassadors, human rights activists, development experts, and healers of suffering—sometimes becoming the subject of academic inquiry themselves. The first two essays here, by Amal Hassan Fadlalla (on Sudan) and Lisa Richey and Alexandra Budabin (on Congo), focus on the proliferation, meanings, and practices of celebrity activists in Africa: their history and performance strategies and the implications... | [
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https://openalex.org/W4252344151 | A UN High Commissioner in Defence of Human Rights | [
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"Sudan",
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] | [] | https://api.openalex.org/works?filter=cites:W4252344151 | In contemporary international relations the United Nations High Commissioner for Human Rights is a central actor, promoting human rights laws and institutions within countries, speaking out against gross violations of human rights, integrating human rights into efforts for conflict prevention, peacemaking, peacekeeping, peacebuilding, development and humanitarian affairs. The author exercised the functions of UN High Commissioner for Human Rights in a turbulent period involving the conflict in Iraq, the conflict in Cote d'Ivoire, and the crisis in Darfur, Sudan. In this unique work he tells the story of the role of the High Commissioner in leadership and advocacy, crisis response, diplomatic initiatives, mainstreaming human rights, and strengthening the Office of High Commissioner. The texts of the principal reports referred to the essays contained in Part One are reproduced in Part Two, offering the reader important insights into the reasoning, the methods and the techniques used in the work of the High Commissioner. This is the first book ever written by a serving High Commissioner in the history of the institution. It is obligatory reading for all students and practitioners of human rights. | [] |
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https://openalex.org/W4256025201 | 14 International Human Rights Treaties and the Rights of Female Refugees and Asylum Seekers by Stephanie Farrior | [] | [
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] | [] | https://api.openalex.org/works?filter=cites:W4256025201 | An extraordinary volume with 28 of the world's leading refugee and human rights scholars and advocates in a wide-ranging examination of the major issues in the field today: the theoretical challenges of international protection; lessons learned from the field including Afghanistan, Iraq and Sudan; jurisprudential responses from courts and treaty bodies on the rights and responsibilities of protection; due process issues from Europe, Canada and the United States, and the special needs of migrant workers. The book brings together a unique group of experts including UNHCR officials, legal academics and practitioners, and uniquely tackles these crucial subjects from the perspectives of theory, legal practice, and advocacy. | [
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https://openalex.org/W4206763700 | 22 New International Human Rights Standards in Unauthorized Immigrant Worker Rights: Seizing an Opportunity to Pull Governments Out of the Shadows | [
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] | [
"Sudan",
"Iraq"
] | [] | https://api.openalex.org/works?filter=cites:W4206763700 | An extraordinary volume with 28 of the world's leading refugee and human rights scholars and advocates in a wide-ranging examination of the major issues in the field today: the theoretical challenges of international protection; lessons learned from the field including Afghanistan, Iraq and Sudan; jurisprudential responses from courts and treaty bodies on the rights and responsibilities of protection; due process issues from Europe, Canada and the United States, and the special needs of migrant workers. The book brings together a unique group of experts including UNHCR officials, legal academics and practitioners, and uniquely tackles these crucial subjects from the perspectives of theory, legal practice, and advocacy. | [
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https://openalex.org/W1536900510 | 22 New International Human Rights Standards in Unauthorized Immigrant Worker Rights: Seizing an Opportunity to Pull Governments Out of the Shadows | [
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] | [
"Sudan",
"Iraq"
] | [] | https://api.openalex.org/works?filter=cites:W1536900510 | An extraordinary volume with 28 of the world's leading refugee and human rights scholars and advocates in a wide-ranging examination of the major issues in the field today: the theoretical challenges of international protection; lessons learned from the field including Afghanistan, Iraq and Sudan; jurisprudential responses from courts and treaty bodies on the rights and responsibilities of protection; due process issues from Europe, Canada and the United States, and the special needs of migrant workers. The book brings together a unique group of experts including UNHCR officials, legal academics and practitioners, and uniquely tackles these crucial subjects from the perspectives of theory, legal practice, and advocacy. | [
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https://openalex.org/W2044404686 | Promoting Human Rights in the Administration of Justice in Southern Sudan. Mandate and Accountability Dilemmas in the Fiel Work of a DPKO Human Rights Officer | [
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"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W2044404686 | Abstract The UNMIS Human Rights Section is called to promote respect for international human rights standards as part of a peacekeeping operation in a post-conflict society. As such, it is exposed to conflicting but equally legitimate demands from different stakeholders. To illustrate some of the dilemmas arising in practice from the tensions between these demands, the paper looks at three case studies taken from the work of the UNMIS Human Rights Section in Southern Sudan. They concern the tension between customary law and the protection of women's rights, the right to counsel in capital cases, and justice for atrocities committed during the civil war. The paper argues that, also because of the inherent fundamental contradictions in what a field presence such as the UNMIS Human Rights Section seeks to achieve, attempts to promote meaningful accountability of the field operation for the results obtained encounter significant limitations. | [
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https://openalex.org/W4210730267 | Global application of human rights norms | [] | [
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"Sudan",
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W4210730267 | This fourth edition of David P. Forsythe's successful textbook provides an authoritative and timely analysis of the place of human rights in an age of upheaval in international politics. Human rights standards are examined at the global, regional and national levels, with separate chapters on transnational corporations and advocacy groups. Completely updated and revised, the fourth edition takes account of new sources and recent scholarship, as well as recent events, such as the Syrian war, the rise of ISIS, refugee flows, South Sudan crises, and the resurgence of nationalism. A new chapter has been added on the media and human rights, covering both traditional and social media. Examining attempts to protect human rights by various actors, such as the United Nations, the European Union, transnational corporations, and the media, the book stresses that the open-ended fate of universal human rights depends on human agency in this context. Containing further reading suggestions and discussion questions, this textbook is a vital resource for courses on human rights in an international context. | [
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https://openalex.org/W655301970 | A United Nations high commissioner for human rights : conscience for the world | [
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"display_name": "Felice D. Gaer",
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{
"affiliations": [],
"display_name": "Christen L. Broecker",
"id": "https://openalex.org/A5073133753"
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"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W655301970 | Foreword List of Contributors Editorial Acknowledgements Introduction Felice D. Gaer and Christen Broecker Part One: The Promise of the High Commissioner: Reflections on the Past and Proposals for the Future 1. Rights Inflation and Role Conflict in the Office of the High Commissioner for Human Rights Michael Ignatieff 2. The UN High Commissioner for Human Rights: From the Personal to the Institutional Harold H. Koh 3. Address by the High-Commissioner at the Jacob Blaustein Institute for the Advancement of Human Rights Navi Pillay 4. A Conversation with the High Commissioner Transcript 5. Future Preventive Strategies of the Office of the High Commissioner for Human Rights Bertrand G. Ramcharan Part Two: Promoting Universality of Rights: Global Leadership in an Era of Growing Particularism and Relativism 6. The High Commissioner and the Treaty Bodies Michael O'Flaherty 7. The High Commissioners' Promotion of Universality of Human Rights Sunila Abeysekera Part Three: Preventing Human Rights Violations and Effective Response 8. The High Commissioners and the Special Procedures: Colleagues and Competitors Felice D. Gaer 9. Protection Through Presence: The Office of the High Commissioner for Human Rights in the Field Christen Broecker 10. Enhancing UN Human Rights Work on the Ground William G. O'Neill 11. The High Commissioner for Human Rights and National Human Rights Institutions Tseliso Thipanyane Part Four: Influencing Other Bodies to Act 12. The High Commissioner for Human Rights and the UN Human Rights Council Suzanne Nossel and Christen Broecker 13. The High Commissioner for Human Rights and International Justice David Kaye Part Five: Hard Cases: Can the High Commissioner Make a Difference? 14. The High Commissioner, OHCHR, and China 1998-2005: Challenges and Achievements Stephanie Kleine-Ahlbrandt 15. The High Commissioner for Human Rights and North Korea Roberta Cohen 16. The Role of the High Commissioner in Protecting and Promoting Human Rights in Afghanistan and Sudan Sima Samar 17. The High Commissioner for Human Rights in the Russian Federation Karinna Moskalenko, Masha Goldman, and Catherine A. Fitzpatrick 18. The High Commissioner for Human Rights and Burma (Myanmar) Jared Genser 19. The Impact of the High Commissioner on Human Rights Protection in Colombia Victor Rodriguez-Rescia Index. | [] |
|
https://openalex.org/W2117954223 | Chinese Practice in Public International Law: 2008 | [
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"display_name": "Likai Zhu",
"id": "https://openalex.org/A5041852009"
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{
"display_name": "International humanitarian law",
"id": "https://openalex.org/C2778573023"
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] | [
"Sudan",
"Somalia"
] | [] | https://api.openalex.org/works?filter=cites:W2117954223 | This Survey covers materials reflecting Chinese practice in 2008 relating to: I. Fundamental Principles of International Law (Five Principles of Peaceful Coexistence; Respect of State Sovereignty and Territorial Integrity; Non-Intervention of Internal Affairs; Peaceful Settlement of International Disputes); II. International Peace and Security (Fight against Terrorism; Women, Peace and Security; The Zimbabwe Situation; The Darfur Situation in Sudan; The Kosovo Issue); III. International Law on Disarmament and Arms Control (Nuclear Disarmament and Non-Proliferation; Chemical Weapons; Biological Weapons); IV. International Law on Recognition (Kosovo; South Ossetia and Abkhazia); V. China's Territorial Integrity and Boundaries (Taiwan; Tibet; Xisha Islands and Nansha Islands; Diaoyu Islands; China–Russia Boundary; China–India Boundary); VI. International Law of the Sea (Delimitation of the East China Sea; Delimitation of the Outer Limits of Continental Shelf Beyond 200 NMs; Straits Use for International Navigation; Conservation and Sustainable Use of Marine Biological Diversity beyond Areas of National Jurisdiction; International Seabed Authority; International Tribunal of the Law of the Sea (ITLOS); China's Convoy Fleet in Somalia Coast); VII. International Law on Outer Space (Peaceful Use of Outer Space; Anti-Satellite Weapons); VIII. International Law on the Treatment of Aliens (Frontier Health and Quarantine; North Korean Asylum-seekers in China); IX. International Law on Human Rights (Rule of Law; Death Penalty; Rights of the Child; Women's Rights; Torture; Rights of the Persons with Disabilities; Dialogue on Human Rights; Human Rights Council; Implementation of Human Rights Instruments); X. International Humanitarian Law (Children in Armed Conflict; Landmines; Explosive Remnants of War; Cluster Munitions; Tear Gas; Right of Individual Claims for Violations of International Humanitarian Law; Search of US soldiers remains in China and North Korea); XI. International Law on Treaties (Reservations to Treaties; Effects of Armed Conflicts on Treaties); XII. International Law on Environment (Principle of “Common but Differentiated Responsibilities”; Shared Natural Resources; Climate Change); XIII. International Law on Diplomatic Relations and Consular Relations (Effective Measures to Enhance the Protection, Security and Safety of Diplomatic and Consular Missions and Representatives; Diplomatic Privileges); XIV. International Criminal Law (International Criminal Court (ICC); Immunity of State Officials from Foreign Criminal Jurisdiction; Criminal Accountability of United Nations Officials and Experts on Mission; Repatriation of Some Chinese in Guantanamo; International Suppression of Drug Crimes; Conclusion of Treaties on Extradition and Criminal Mutual Assistance); XV. Charter of the United Nations (Importance of the United Nations and the Role of China; Sanctions by the United Nations; Amendment of the UN Charter; Reform of the Security Council); XVI. International Law on International Organizations; XVII. International Law on Disaster Relief. | [
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"id": "https://openalex.org/S59397192",
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|
https://openalex.org/W276920352 | Beyond the Paper Tiger: The Challenge of a Human Rights Court in Africa | [
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{
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"id": "https://openalex.org/C144024400"
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"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W276920352 | The [African human rights] enforcement mechanism is unsatisfactory. In the absence of a court and effective measures for a breach, the Charter may well be a paper tiger ....1 I. INTRODUCTION The promotion and protection of human rights has long been a universally espoused ideal. The widespread atrocities that occurred during World War II, however, galvanized unprecedented interest in human rights, as evidenced by the adoption of the Universal Declaration of Human Rights by the United Nations (UN) in 19482 and a host of other human rights instruments.3 In spite of the increased importance assigned to the pursuit of human rights during the latter part of this century, human rights atrocities have continued unabated. Indeed, this has been the case despite a predicted decrease in the incidence of human rights violations resulting from the 1989 dissolution of the Communist bloc and the movement towards democracy.4 A cursory examination of the violent character of conflicts world-wide bears witness to this phenomenon. In few places, however, have human rights conditions been more precarious than on the African continent. In spite of the optimism inspired by the attainment of independence, Africa has failed to achieve universal adherence to international human rights principles. The recent carnage in Rwanda,5 the ongoing conflicts in Liberia6 and Sudan,7 and the political strife in Nigeria8 exemplify the all-too-familiar difficulties of human rights enforcement in Africa. Nevertheless, in spite of the reluctance of the Organization of African Unity (OAU) to intervene in member states' internal affairs, the OAU has, since its inception, been aware of the need to safeguard the human rights of African peoples in the postcolonial era. Indeed, the OAU's avowed adherence to the principles articulated in the Universal Declaration of Human Rights in the OAU Charter manifests an unwavering commitment to the pursuit of human rights at the moment of its creation, at least in theory if not in practice.9 However, the unspeakable atrocities perpetuated by Jean Bedel Bokassa in the Central African Republic,10 Idi Amin in Uganda,11 and Marcias Nguema in Equatorial Guinea,12 and the continuation of apartheid in South Africa13 gave additional impetus to the undertaking of initiatives aimed at staving off future human rights violations. The first attempt to articulate a methodology for promoting and protecting human rights in Africa took place in Lagos, Nigeria in 1961. Under the aegis of the International Commission of Jurists, scholars from thirty-three countries convened an African Conference on the Rule of Law to consider questions of human rights enforcement in the newly independent states of Africa. It was at this conference that the proposal for continental human rights institutions was first set forth, as evidenced in its preamble, the Law of Lagos: [I]n order to give full effect to the Universal Declaration of Human Rights of 1948, this Conference invites the African Governments to study the possibility of adopting an African Convention of Human Rights in such a manner that the Conclusions of this Conference will be safeguarded by the creation of a court of appropriate jurisdiction and that recourse thereto be made available for all persons under the jurisdiction of the signatory States. 14 This initiative was followed by calls to establish African human rights enforcement machinery by the UN Commission on Human Rights in 1967, 1972, and 1978, and additional conferences in Cairo (1969), Addis Ababa (1971), Dar-es-Salaam (1973), and Dakar (1978).15 This process culminated in the drafting and adoption of the African Charter on Human and Peoples' Rights in Banjul, The Gambia in 1981. Notwithstanding its distinctive characteristics, the African Charter, like other existing regional human rights instruments, provides for the establishment of an African Human Rights Commission. … | [
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|
https://openalex.org/W255004119 | Feminism by Treaty | [
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] | [
"Sudan",
"Iran",
"Somalia"
] | [] | https://api.openalex.org/works?filter=cites:W255004119 | On November 18, 2010, a surprisingly large and boisterous crowd gathered in a U.S. Senate chamber to witness new hearings on a decades-old United Nations treaty. Guards had to caution the excited attendees to keep their voices down. Senator Richard Durbin, chair of the Senate Subcommittee on Human and the Law, requested that another room be opened to accommodate the large gathering of feminist leaders, human-rights activists, lawyers, lobbyists, and journalists. have been waiting for 30 years, said Durbin in his opening statement. United States ratify this treaty without further delay. The treaty in question--the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)--commits signatory nations not only to eliminating discrimination but also to ensuring women's full development and advancement in all areas of public and private life. The document was adopted by the General Assembly and submitted to UN member states in 1979. Since then, nearly every nation has ratified what many now call the Bill of Rights or the Magna Carta. The only holdouts are three Islamic countries (Iran, Sudan, and Somalia), a few Pacific islands--and the United States. Look at the company we are keeping in refusing to ratify this treaty, said a dismayed Senator Durbin. We can do better. In fact, America's failure to ratify the Women's Treaty has not been for lack of powerful support. President Jimmy Carter submitted it to the Senate for ratification in 1980, and many influential legislators of both parties have favored it over the years. In 1993, 68 senators, including Republicans Orrin Hatch, John McCain, and Strom Thurmond, urged President Bill Clinton to secure ratification. Nine years later, President George W. Bush's State Department told the Senate Foreign Relations Committee that it was generally desirable and should be ratified. Its supporters have included not only political leaders and women's groups but also broad-based organizations such as the AARP, AFL-CIO, American Bar Association, and League of Women Voters. Even the Audubon Society has endorsed the Women's Treaty. Some ascribe the U.S. failure to ratify the treaty to one man: the late Senator Jesse Helms of North Carolina. To Helms, CEDAW was a terrible treaty negotiated by radical feminists with the intent of enshrining their radical anti-family agenda into international law. As chairman of the Senate Foreign Relations Committee from 1995 to 2001, Helms refused even to hold hearings on the matter. In 1999, ten women from the House of Representatives marched into his committee room, disrupted a hearing, and demanded that he schedule CEDAW hearings. Pounding his gavel, Chairman Helms reprimanded the placard-carrying women for their breach of decorum. Please be a lady, he said to the leader, Representative Lynn Woolsey from California. He then instructed the guards to eject the group from the room. (Among the shaken protesters was future Speaker of the House Nancy Pelosi.) Representative Woolsey would later tell the press that Helms held CEDAW hostage so that women across the globe continued to be victimized and brutalized. But Senator Helms never wavered. At a 2002. Senate hearing, he described the treaty as harmful to women as well as a direct threat to American sovereignty. It will never see the light of day on my watch. Helms's watch is now long over, and treaty supporters can see daylight. President Barack Obama and Vice President Joe Biden are strong supporters. So are key Senators John Kerry, chairman of the Foreign Relations Committee, and Barbara Boxer, chairwoman of the subcommittee with jurisdiction over it. Secretary of State Hillary Clinton is an enthusiast, as is Harold Koh, former dean of the Yale Law School and now the State Department's chief legal adviser. An influential advocate of transnational jurisprudence, Koh invokes the sad irony that more than half a century after Eleanor Roosevelt pioneered the drafting of the Universal Declaration of Human Rights, her country still has not ratified . … | [
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https://openalex.org/W4250778088 | Editorial: towards universal ratification for freedom of association rights? | [
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"Sudan",
"Iran"
] | [] | https://api.openalex.org/works?filter=cites:W4250778088 | 2 | International Union Rights | 26/3 EDITORIAL Editorial: towards universal ratification for freedom of association rights? Continuing the thematic focus of IUR 26(2) on the ILO in its Centenary year, this edition looks in particular at the state of what ICTUR regards as the ILO’s most fundamental instruments, the Conventions on Freedom of Association (No. 87) and Collective Bargaining (No. 98). These particular instruments are so crucial from a trade union rights perspective because they provide the fundamental protection in international law for trade unions to exist, to function, and to carry out their activities. To give a very basic sense of these instruments, Convention No. 87 is concerned with the existence of unions, their founding, and free functioning. It protects their right to take action, and the civil liberties of trade unionists. Convention No. 98 outlines an obligation to promote collective bargaining, and it requires that trade unionists have protection against acts of interference. The two instruments together provide the foundations for trade unions to operate. As such they are critical, even within the framework of the ILO’s ‘fundamental’ or ‘core’ labour standards. Conventions Nos. 87 and 98 are understood as ‘enabling’ rights (see ILO 2019 Declaration, Chapter II, A (vi)). The idea behind this is that where collective organisation and action are protected this provides an effective basis from which workers can agitate for, and hopefully win, respect for other rights. Most countries have ratified both of them. What is problematic is that a core group of countries are still holding out against ratification of either instrument. And it is extraordinary that prominent among these are a very significant section of the founder members of the ILO: China, Brazil, India, Iran, and New Zealand. The US was not a founding member, but it has also not ratified either convention. Of the ILO founders group, Nick Henry recalls that New Zealanders played a key role in drafting Convention No. 87, but the government of 1948 ‘chose to ignore the advice of their own delegation’. Varied strands of authoritarianism have been similarly hesitant to embace freedom of association, but some are changing. Anita Chan reports on the disparity between the situation in Vietnam, which has just ratified Convention No. 98 (and is tabled to ratify Convention No. 87 ‘by 2023’) and in China, the two countries, Chan tells us, are ‘on different trajectories’: ‘Vietnam is opening up politically while China is becoming increasingly suppressive’. Growing political authoritarianism is also the subject of our report from Brazil, where Ericson Crivelli describes further threats to trade union rights. While Jamshid Ahmadi told a recent ICTUR meeting that ratification remains just ‘a dream’ for Iranian workers,. Ratification by India is still discussed in committees, reports Sindhu Menon, but the unions have little faith in that process, which one union leader describes as ‘eye-wash’ and ‘farce’. But there are also success stories. Canada, Mexico, and Vietnam all recently ratified Convention No. 98, and we await news from South Korea, where Mikyung Ryu reports on the problems that have stalled ratification, but which is still expected, and may be imminent. And David Bacon outlines an optimistic assessement of the potential for labour reform under new laws passed in Mexico, following that country’s ratification of Convention 98 in 2018. The new government, is ‘undoing 36 years of neoliberal economic reforms’. Finally, Sudan remains one of the few key countries in Africa not to have ratified Convention No. 87. We hear from three Sudanese colleagues and gain their insight into the unfolding revolution. Daniel Blackburn, Editor Next issue of IUR Articles between 850 and 1800 words should be sent by email ([email protected]) and accompanied by a photograph and short biographical note of the author. Please send by 15 November 2019 if they are to be considered for publication in the next issue of IUR. Subscribe to IUR / Affiliate to ICTUR Subscriptions: Print only £25 (individual rate), Print and electronic £75 (individual or institutional), Electronic only £55 (individual or institutional). Affiliations: (includes print and electronic access, and more, see www.ictur.org) Individual £50, Branch / local union £75 (includes 3 subscriptions), National (contact ICTUR for details). Name/Organisation Address Email Payment... | [
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https://openalex.org/W2157022137 | Inclusion by exclusion? An assessment of the justiciability of socio-economic rights under the 2005 Interim National Constitution of Sudan | [
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"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W2157022137 | Section 22 of the Interim Constitution of Sudan states that socio-economic rights provided for under the Guiding Principles and Directives section are not justiciable. However, section 27(3) of the same Constitution states that every right and freedom provided for in international human rights instruments to which Sudan is a party forms an integral part of the Sudan Bill of Rights. Sudan is a party to, inter alia, the International Covenant on Economic, Social and Cultural Rights, the United Nations Convention on the Rights of the Child, the African Charter on Human and Peoples' Rights and the African Charter on the Rights and Welfare of the Child. Each of these international human rights instruments provides for socioeconomic rights. This article is an attempt to establish that, even though socio-economic rights are provided for under the Guiding Principles and Directives section of the Interim Constitution of Sudan, they are nonetheless justiciable. This is because socio-economic rights, excluded from the jurisdiction of the courts via section 22, have in fact been included by virtue of section 27(3). This paper argues that section 22 has been rendered redundant by section 27(3). | [] |
|
https://openalex.org/W2040660077 | The Sudanese Bill of Rights | [
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"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W2040660077 | In January 2005, a Comprehensive Peace Agreement (CPA) brought one of the longest conflicts in Africa – the so-called Sudan north–south conflict – to an end. The CPA seeks to resolve the root causes of Sudan's conflict by providing a six-year temporary solution aimed at laying the foundation for a country that is based on pluralistic democracy and rule of law by granting Southern Sudan autonomous status and fixing a timetable on the question of the right of self-determination for the people of Southern Sudan. It establishes a dual legal system (a Sharia system in the north and a secular system in the south) and a comprehensive Bill of Rights to be enshrined in the National Interim Constitution (INC). This paper examines how the Bill of Rights addresses the root causes of the Sudan conflict. The Bill of Rights is only 3 years old; it is too early to present an analysis and evaluation based on actual practice. This paper attempts to offer textual analysis; that is, what the law says should happen if the provisions of the Bill of Rights are to work properly; and it attempts to provide a background to the Sudanese Bill of Rights. The contents of the Bill of Rights is reviewed briefly. How the Bill of Rights addresses the underlying causes of the Sudan conflict is considered by looking at the religious rights, ethnic and cultural diversity and the right to self-determination of the people of south Sudan. The application of the Bill of Rights and the way it protects fundamental rights and freedoms is examined by focusing on the constitutional review of the legislative and executive actions of the State. The interpretation of the Bill of Rights and the problems regarding its interpretation are considered. The paper then examines the limitations clause of the Bill of Rights, and concludes by reflecting on the preceding sections. | [
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https://openalex.org/W2883657820 | The right to food as a human right in South Sudan | [
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"https://openalex.org/W1574585383",
"https://openalex.org/W4242678059"
] | https://api.openalex.org/works?filter=cites:W2883657820 | The study on access to food when it is available and affordable is to increase knowledge of the extent the right to food is recognized and protected as a human right in South Sudan. The objective of the research is to determine the level of state’s obligation in protecting the right to food and the level of food availability. Secondary data is reviewed in contrast to where a questionnaire field survey is carried out. The results show that South Sudan is among the most food insecure countries with as high as 33% of the population depending on food aid for nutrition. At least 1 million people are severely food insecure. In addition, investment in the agricultural sector is limited with budgetary allocation to the sector as low as 0.1% of the total budget. South Sudan has limited legal obligation to recognize and protect the right to food because it is not explicitly stipulated in the Transitional Constitution, 2011 and neither in any other legal instrument. However, South Sudan is a party to the Convention on Economic, Social and Cultural Rights, 1966, which confirms that the States Parties recognize the right of everyone to adequate food and the fundamental right to be free from hunger. In contrast, in developed countries such as the United Kingdom those with limited means are entitled to social security benefits which include income support so that people have access to food. Key words: Food, food security, human right, transitional constitution, South Sudan. | [
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https://openalex.org/W3019276464 | When Two Elephants Fight the Grass Gets the Wrath: The Impact of the Impasse in the Relations between African Union and International Criminal Court on the Protection of Human Rights in Darfur, the Sudan | [
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"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W3019276464 | This paper presents the challenges to protecting human rights in Africa by taking The Sudan as a case study. An arrest warrant had been issued by the International Criminal Court (ICC). It was for the former president of Sudan. The topic was gross human rights violations in Darfur (2009). It was decided by the African Union (AU) that the International Criminal Court (ICC) would not get cooperation from their end. A serious gridlock had been resulted in the relationship between the AU and the ICC, which has not eased the human rights violations in the Darfur. This paper discusses the human rights situation in Dafur. It presents how human rights in Darfur are hanging on a balance due to the impasse in African Union-International Criminal Court relations concerning Al Bashir. This paper used doctrinal legal research method and as such relied largely on secondary sources of data. | [
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https://openalex.org/W2990465316 | Human Rights: Southern Voices: Francis Deng, Abdullahi An-Na’im, Yash Ghai, and Upendra Baxi | [
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"Sudan"
] | [] | https://api.openalex.org/works?filter=cites:W2990465316 | In the context of “globalization,” Western jurisprudence has largely ignored non-Western viewpoints, interests, and traditions. This article takes a modest step towards de-parochializing our juristic canon by introducing writings about human rights of four “Southern” jurists: Francis Deng (Southern Sudan), Abdullahi An-Na’im (Sudan), Yash Ghai (Kenya), and Upendra Baxi (India). All were trained in the common law and have published extensively in English, so their work is readily accessible, but their perspectives show some striking differences. Deng argues that traditional values of the Dinka of the Southern Sudan are basically compatible with the values underlying the international human rights regime. For An-Na’im, a “modernist” interpretation of Islam is mostly reconcilable with international human rights, but acceptance of such ideas depends far more on conversations within Islam than on cross-cultural dialogue or external efforts. Ghai questions claims to universal human rights; however, from his materialist stance and his experience of postcolonial constitution-making, human rights discourse can provide a framework for negotiating settlements in multi-ethnic societies. Baxi argues that as human rights discourse is professionalized or hijacked by powerful groups, it risks losing touch with the suffering and needs of the poor and the oppressed, who are the main authors of human rights. | [] |
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https://openalex.org/W2084995932 | South Africa, human rights, and the United Nations: A review essay | [
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"Sudan",
"Syria"
] | [] | https://api.openalex.org/works?filter=cites:W2084995932 | Click to increase image sizeClick to decrease image size Notes 1. The international community should use ‘appropriate means’ to protect people from genocide, war crimes and crimes against humanity and ethnic cleaning, and if a state failed to protect people from such crimes, or perpetrated them, ‘the international community must be prepared to take stronger measures, including the collective use of force through the UN Security Council’:see ICRtoP, ‘An introduction to the Responsibility to Protect’, <http://www.responsibilitytoprotect.org/index.php/about-rtop>. 2. It was only in July 1948 that the government of India asked the Secretary-General to put the question of Indians in South Africa on the General Assembly agenda (p.166). Shearer, who points to the irony that while being critical of apartheid in South Africa, India separated at independence (p. 240), with horrific violence, prints selected passages from the Charter as an appendix; for the complete Charter see esp. <http://www.un.org/en/documents/charter/chapter7.shtml>. 3. Whereas the United Party government was conciliatory to the UN, writes Shearar, the National Party government ‘cocked a snook’ at the world body (p. 241). South Africa was absent on the vote on the UN Convention against Genocide (1948). 4. Sellars K, The Rise and Rise of Human Rights. Stroud: Sutton Publishing, 2002, p. 23. 5. On the abuse of human rights in South Africa under apartheid see the classic study by John Dugard, not cited by Shearar: Human Rights and the South African Legal Order. Princeton, NJ: Princeton University Press, 1978. 6. Rusty Bernstein and the others who drew up the Charter almost certainly had the UDHR in mind as they did so. 7. Wolvaardt P, T Wheeler & W Scholtz (eds), From Verwoerd to Mandela South African Diplomats Remember. 3 vols. n.p., Crink, 2010, Vol. I, p. 302; New York Times, ‘UN looks more kindly on South Africa’ 6 March 1991. 8. The thesis is accessible at <http://uir.unisa.ac.za/bitstream/handle/10500/1278/thesis.pdf?sequence=1>. 9. When I visited the National Archives in 2011, I could not find material relating to the visit: See Saunders C, ‘National Archives are a National Disgrace’, Business Day, 15 August 2011. 10. These are only briefly recorded in Wolvaardt P, T Wheeler & W Scholtz (eds), From Verwoerd to Mandela South African Diplomats Remember. 3 vols. n.p., Crink, 2010, Vol. 1, pp. 286–87, 289, 293–94, 302; Vol. 3, pp. 232–34, 282–83. 11. On this see Saunders C, ‘Dag Hammarskjold and apartheid South Africa’, in Melber H & M Schoeman (eds), The United Nations and Regional Challenges in Africa – 50 Years after Dag Hammarskjöld, Development Dialogue, 57, December 2011, pp. 61–75. 12. He does not cite key literature, e.g. The United Nations and Apartheid, 1948–1994. New York: UN Department of Public Information, 1994, or say Geoffrey Robertson's Crimes Against Humanity, 3rd ed. London: Penguin, 2006, while the large legal study by Heunis J, United Nations Versus South Africa: A Legal Assessment of United Nations and United Nations related Activities in respect of South Africa. Johannesburg: Lex Patria, 1986, is only referred to indirectly in an article by HA Strydom cited on p. 149 n. 71. The highly polemical book by Heunis argued that the UN had acted unconstitutionally and illegally towards South Africa. 13. See ‘Celebrating South Africa's progressive role at the United Nations’, <http://www.dfa.gov.za/docs/2007/unpic1.pdf>. 14. In early 2012, as this review article was being completed, South Africa did vote for a new resolution on Syria, vetoed by Russia and China. 15. E.g. Adebajo A, UN Peacekeeping in Africa. From the Suez Crisis to the Sudan Conflicts. Boulder, CO: Lynne Reiner, 2011. 16. E.g. Saunders C, ‘Michael Scott and Namibia’, African Historical Review, 39, 2, 2007, pp. 25–40.There is only brief mention of the South West Africa issue in Shearar (p. 254). 17. E.g. Dugard J, Human Rights and the South African Legal Order. Princeton, NJ: Princeton University Press, 1978, pp. 103–4. 18. See the website on the book, <http://www.litera.co.za/pikeng.htm>. Botha receives no mention in Shearar's book. Papenfus mentions Shearar twice but very much in passing: when in March 1977 Botha, then ambassador to the United States, was told that he was to become minister of foreign affairs, he was invited to meet President James Carter in the White House in March 1977, and Shearar, who was acting Charge d'Affaires in Washington before Botha's arrival as ambassador in 1975, and served in the same position in March 1977 after Botha left to become minister of foreign affairs (see http://www.state.gov/s/cpr/94442.htm), accompanied him and was present when Botha asked the president for ‘understanding’ and ‘time’ for South Africa. Then in December 1989, Papenfus mentions that in December 1989, at Shearar's residence in New York, Botha thanked his staff for changing his booking from Pam Am Flight 103, which had just exploded over Lockerbie in Scotland. It later appeared that he had never been booked on that flight (p. 582). 19. The present reviewer intends to review elsewhere the sections of the book that deal with South West Africa/Namibia. 20. Grundy K, The Militarization of South African Politics. London: I.B. Taurus, 1986, p. 1. 21. She sometimes reveals her ideological bias, as when she writes that it was ‘because of its population and racial composition’ that South Africa came in for harsh criticism (p. 105), when of course it was its racial policies that provoked that criticism. 22. Cf. du Plessis L & H Corder, Understanding South Africa's Transitional Bill of Rights. Kenwyn: Juta, 1994. On the Asmal/Sachs meeting see especially Sachs A, ‘Kader Asmal’, 11 July 2011, <http://historymatters.co.za/kader-asmal-by-albie-sachs/> and Asmal K & A Hadland, Politics in My Blood. Johannesburg: Jacana, 2011. 23. See the Commission's website, <http://www.sahrc.org.za/home/index.php?ipkContentID=1&ipkMenuID=28>. | [
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https://openalex.org/W2484108128 | 14 International Human Rights Treaties and the Rights of Female Refugees and Asylum Seekers by Stephanie Farrior | [
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1. This submission provides observations and recommendations for an enlightened interpretation of apostasy in Islamic law that deconstructs the notion that it is a capital crime and demonstrates the legitimacy of freedom of religion or belief in Islam.
2. Part II of this submission will present (a) an overview of Islamic law; (b) the religious basis for the criminalization of apostasy as a capital crime; and (c) an alternative interpretation in light of Muslim jurists’ views on the issue.
3. This interpretation can be used to remove apostasy as a capital crime in Muslim jurisdictions and promote the fundamental right of freedom of religion or belief.
4. Part III of this submission will consider the apostasy laws in Sudan with a specific focus on the case of Meriam Ibrahim. This will be placed in the context of Islamic law, with reference to Part II, and the relevant international law namely Articles 6 and 18 of the International Covenant on Civil and Political Rights (ICCPR).
5. Part IV offers concluding remarks and recommendations. | [] |
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] | [] | https://api.openalex.org/works?filter=cites:W414369732 | In contemporary international relations the United Nations High Commissioner for Human Rights is a central actor, promoting human rights laws and institutions within countries, speaking out against gross violations of human rights, integrating human rights into efforts for conflict prevention, peacemaking, peacekeeping, peacebuilding, development and humanitarian affairs. The author exercised the functions of UN High Commissioner for Human Rights in a turbulent period involving the conflict in Iraq, the conflict in Cote d'Ivoire, and the crisis in Darfur, Sudan. In this unique work he tells the story of the role of the High Commissioner in leadership and advocacy, crisis response, diplomatic initiatives, mainstreaming human rights, and strengthening the Office of High Commissioner. The texts of the principal reports referred to the essays contained in Part One are reproduced in Part Two, offering the reader important insights into the reasoning, the methods and the techniques used in the work of the High Commissioner. This is the first book ever written by a serving High Commissioner in the history of the institution. It is obligatory reading for all students and practitioners of human rights. | [] |
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] | [] | https://api.openalex.org/works?filter=cites:W3088766198 | The Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) in 1979 should be an international standard for regulating the universality of women's human rights throughout the world. However, in reality, CEDAW cannot be applied universally. This is because of the obstacles caused by the policies of several countries which decided not to ratify CEDAW. Sudan is one of the countries that chose to not ratify CEDAW as a basis for regulating the rights of men and women in their country. Previous research on Sudan's policy of not ratifying CEDAW tends to base its analysis through a feminist approach that focuses more on depictions of women's oppression. So that previous research, has not been able to find any concrete reasons regarding Sudan's decision of not ratifying CEDAW. This study uses constructivist theory that looks at state behavior based on non-material factors namely identity, norms, values and culture. The author believes that Sudan's policy of not ratifying CEDAW is caused by a mismatch between Sudan's domestic norms and universal norms under CEDAW. | [
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https://openalex.org/W3122207335 | Do Victims of War Need International Law? Human Rights Education Programs in Authoritarian Sudan | [
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] | https://api.openalex.org/works?filter=cites:W3122207335 | Drawing on ethnographic fieldwork in Sudan, this article illuminates the consequences of human rights educational workshops as a form of humanitarian assistance in war-ravaged areas. These projects are built on flawed assumptions about Sudanese politics and about the likelihood that human rights education empowers the war-ravaged poor. The beneficial impacts of human rights discourse stem from its side effects, which fulfill urgent and symbolic needs, and not from the core content of human rights. The case of an authoritarian regime exposes an alternative site of rights promotion, outside the established or struggling democracies where most literature on rights resides. Bridging the literature on rights in Western, democratic contexts and on human rights in Africa, this article argues that law is not enough--and is potentially dangerous--in the insecure and impoverished areas where the international aid community has been encouraging it to flourish. | [
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https://openalex.org/W2488912256 | Political Culture and Freedom of Conscience: A Case Study of Austria | [
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] | [] | https://api.openalex.org/works?filter=cites:W2488912256 | Since the end of World War Two, the speed, breadth and long-term consequences of world events have put human rights high on the international political and legal agenda. The Holocaust, genocides in the former Yugoslavia, Rwanda and Sudan, and too many acts of mass terrorism are some of the events that have placed them there. Some nations — usually inveterate abusers — would just as soon that human rights were not prominent. Others — usually rights respecters — have taken a proactive approach to protecting individual fundamental freedoms by incorporating into their own legal systems all or many of the traditional rights found in the Universal Declaration of Human Rights and other international protective instruments. In fact, protecting human rights has gained sufficient momentum in the international arena that even most countries that do not support such rights at least pay lip service to them and include them — though often with qualifications — in their constitutional laws and charters. | [
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day to day, for fear of persecution or human rights violations people flee their home country to
other in order to seek asylum. On the other hand, the host states forcibly return accepted refugees
and asylum seekers to their country of origin or third state. This forced return is known as
refoulment. Also the research analyses the state practice of refoulment of refugees and asylum
seekers as well as remedies available for violation of non- refoulment that has been taken place
in East Africa notably: Kenya, Tanzania, Djibouti, Sudan and Burundi.
Further it explores the legal protection of non-refoulment in the African human rights system and
its effects that are more sever such as death, torture, enforced disappearance and denial of
freedom of movement. The research revealed that although most East African states ratified the
OAU Refugee Convention and African Charter which guaranteed the prohibition of refoulment,
their practice is inconsistent with these laws. Moreover, the research examines the short comings
of these two laws and recommends the Assembly of Head of States and Government of AU to
amend provisions of these laws inconsistent with human rights. Finally, the study reveals
substantive remedies available for violation of the right to non-refoulment, and recommends the
African Charter and OAU Refugee Convention to incorporate the same. | [] |
|
https://openalex.org/W2517470780 | Human Rights Violations and the Policy Crossroads | [
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] | https://api.openalex.org/works?filter=cites:W2517470780 | The pursuit of Omo River basin development is leading to a major human rights crisis in the Ethiopia-Kenya-South Sudan transboundary region of eastern Africa. Among the principal human rights being violated are those recognized by the International Covenant on Economic, Social and Cultural Rights (ICESCR) Treaty adopted by the U.N. General Assembly. Although the Ethiopian government is most immediately responsible for initiating human rights violations in the region, the Kenyan government and international development banks are variously complicit, collaborative and partnered in these transgressions. The World Bank, African Development Bank and major donor countries continue to support—even legitimate—the development despite predictable destruction of hundreds of thousands of indigenous peoples’ livelihoods and major political rights violations, particularly within Ethiopia. Cumulative and synergistic effects of the Gibe III megadam and its linked irrigated plantations and energy export transmission system must be integrally considered for adequate social and environmental impact assessment, yet both governments and development banks have failed to act on this mandate. A crossroads in public policy has now emerged: either pursue the present pathway toward massive scale hunger, regional economic collapse and major new cross-border armed conflict or suspend the development underway in order to take genuine account of human rights and proceed in a direction that is accountable to citizens and provides for a sustainable future for the three nations involved. | [
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