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31. How To Navigate Egypt's Enduring Human Rights Crisis

Author:
Human Rights First
Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
On the fifth anniversary of the mass Tahrir Square protests that ousted former President Mubarak, Egyptians are suffering severe repression and political instability. As this crisis deepens, Washington continues to send troubling mixed messages about its commitment to trying to resolve it. The U.S. government should, at long last, use its considerable influence to support civil society and advance human rights in Egypt. Such an approach would both help Egyptians and serve U.S interests. This blueprint draws on dozens of interviews with Egyptian human rights defenders, civil society activists, journalists, academics, families of detainees, lawyers, government officials, and others, conducted during a research trip in January 2016. It examines conditions in Egypt, the strengths and shortcomings of the U.S. response, and potential opportunities for the U.S. government to support civil society and strengthen respect for human rights. This year will be a defining one as violent extremism, regional conflicts, and political and economic mismanagement threaten Egypt—and as President Obama shapes his legacy in the Middle East. In 2009, he delivered a message of hope in Cairo: “America does not presume to know what is best for everyone, just as we would not presume to pick the outcome of a peaceful election. But I do have an unyielding belief that all people yearn for certain things: the ability to speak your mind and have a say in how you are governed; confidence in the rule of law and the equal administration of justice; government that is transparent and doesn't steal from the people; the freedom to live as you choose. These are not just American ideas; they are human rights. And that is why we will support them everywhere.” Much has changed in the intervening years. In his speech to the U.N. General Assembly in September 2015, President Obama opted for analysis rather than exhortation, noting that: “repression cannot forge the social cohesion for nations to succeed. The history of the last two decades proves that in today’s world, dictatorships are unstable. The strongmen of today become the spark of revolution tomorrow.” He continued: “I believe a government that suppresses peaceful dissent is not showing strength; it is showing weakness and it is showing fear. History shows that regimes who fear their own people will eventually crumble, but strong institutions built on the consent of the governed endure long after any one individual is gone.” Yet the U.S. government’s handling of the enduring crisis in Egypt has too often failed to draw obvious conclusions from the Administration’s analysis of the detrimental impact of human rights violations on stability and progress. As a result, many Egyptians view the Obama Administration as supportive of the repressive leadership in Cairo. This support for the dictatorship will render Egypt less stable, undermine U.S. efforts to prevent violent extremism, and further damage Washington’s credibility in the region.
Topic:
Civil Society, Human Rights, United Nations, Social Movement, and Protests
Political Geography:
Africa, United States, North Africa, Egypt, and Cairo

32. Backlash against International Courts in West, East and Southern Africa: Causes and Consequences

Author:
Karen J. Alter, James T. Gathii, and Laurence R. Helfer
Publication Date:
01-2016
Content Type:
Journal Article
Abstract:
This article discusses three credible attempts by African governments to restrict the jurisdiction of three similarly situated sub-regional courts in response to politically controversial rulings. In West Africa, when the Court of the Economic Community of West African States (ECOWAS) upheld allegations of torture by opposition journalists in Gambia, that country’s political leaders sought to restrict the Court’s power to review human rights complaints. The other member states ultimately defeated Gambia’s proposal. In East Africa, Kenya failed in its efforts to eliminate the East African Court of Justice (EACJ) and to remove some of its judges after a decision challenging an election to a sub-regional legislature. However, the member states agreed to restructure the EACJ in ways that have significantly affected the Court’s subsequent trajectory. In Southern Africa, after the Southern African Development Community (SADC) Tribunal ruled in favour of white farmers in disputes over land seizures, Zimbabwe prevailed upon SADC member states to suspend the Tribunal and strip its power to review complaints from private litigants. Variations in the mobilization efforts of community secretariats, civil society groups and sub-regional parliaments explain why efforts to eliminate the three courts or narrow their jurisdiction were defeated in ECOWAS, scaled back in the EACJ and largely succeeded in the SADC.
Topic:
Civil Society, Human Rights, International Law, and Courts
Political Geography:
Kenya, Africa, Europe, South Africa, Zimbabwe, and Gambia

33. Challenges for Human Rights Sections of UN Peace Operations

Author:
Alexis Guidotti
Publication Date:
12-2016
Content Type:
Working Paper
Institution:
Global Peace Operations Review
Abstract:
When António Guterres succeeds Ban Ki-moon as UN Secretary-General, many problems will be waiting for him, including challenges to the fundamental values underpinning UN peacekeeping. Uncooperative host governments and shifting conflict environments, including asymmetrical threats and violent extremism, are testing blue helmets on the ground. Recent adaptations of peacekeeping practice are also bringing into question the role of civilian components in UN peace operations, notably the human rights sections. The growing use of offensive mandates to quash negative forces and ensure protection of civilians has sometimes made the UN a party to the conflict and has cast doubt on the civilian staff’s protection under international humanitarian law. Recommendations by the High-level Independent Panel on Peace Operations (HIPPO) on the primacy of politics also bring into question the principles of impartiality and transparency that lie at the core of credible human rights monitoring. How can UN peace operations ensure robust protection of civilians and broker political solutions while maintaining a transparent and impartial human rights agenda? At its conception, peacekeeping was formed around three core tenets, often referred to as the ‘principles of peacekeeping’. These included the requirement of consent from the parties, impartiality and non-use of force, except in self-defense. For the most part, they have stood the test of time since Secretary-General Dag Hammarskjöld defined them while devising the UN Emergency Force (UNEF) in Suez in 1956. However, in recent years UN peacekeeping has departed from these principles as operational environments have become less permissive and in key theaters there has been less or little peace to keep. Consent has proven less reliable in conflict areas where governments or non-state armed groups deny access to peacekeepers, like in Sudan, South Sudan or Mali. Impartiality has become questionable for missions specifically deployed to support a host state Government, sometimes against non-state armed groups opposing national authorities. Since exceptions to the non-use of force principle include the defense of the mandate, as outlined by the Capstone Doctrine, and as mandates now prioritize the protection of civilians by all necessary means for most UN missions, peacekeepers are increasingly called upon to use force against potential perpetrators of violence. Current concepts of operations and rules of engagement have made it clear that blue helmets are authorized to use force to protect civilians from imminent threat of physical violence by any party. More generally, the posture of modern peace operations has adapted by the adoption of robust mandates. In some theatres, special military units with offensive directives were authorized, such as the Force Intervention Brigade (FIB) initially deployed in 2013 in eastern DRC to neutralize armed groups, or the soon-to-be-deployed Regional Protection Force in South Sudan, mandated to engage any actor preparing attacks.
Topic:
Human Rights, International Cooperation, United Nations, Peacekeeping, and Peace
Political Geography:
Africa, Mali, and South Sudan

34. How the United States Can Help Counter Violent Extremism and Support Civil Society in Kenya

Author:
Human Rights First
Publication Date:
07-2015
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
“First, for civil society to continue to succeed it must have open, free, democratic space. I have followed closely the ongoing debate in Kenya around civil society and its regulation…. [A]ccountability and transparency are important for civil society organizations, just as they are for all others. But there are ways to achieve accountability and transparency that do not restrict or impede the vital work of civil society.… Regulation should embrace diversity. Regulation must not be used to silence opinions or stifle views that the powerful do not share…. We carry out extensive due diligence on all the organizations we partner with, to ensure that they are not being used for illicit purposes, such as terrorist financing. We have not seen any evidence to suggest Haki Africa’s activities pose a threat to national security or jeopardize Kenya’s efforts at combating terrorism.” –U.S. Ambassador to Kenya, Robert F. Godec, June 5, 2015 The visit of President Obama to Kenya in July 2015—the first by a sitting U.S. president—is much anticipated in the country, which faces serious challenges, including poverty, terrorism, corruption, and abuses by state security forces. Kenya has yet to fully recover from large-scale violence following the 2008 election, when around 1,300 people were killed—including hundreds by the police—and half a million were displaced during a six-week period. Kenya also hosts around half a million refugees fleeing war in Somalia. The U.S. government has sought to help Kenya address its human rights problem with humanitarian, good governance, and security initiatives. Kenya is routinely among the top seven recipients of U.S. aid, getting hundreds of millions of dollars every year. Yet the United States should strengthen and sharpen its efforts to support Kenya. A reinvigorated approach, initiated by the President’s visit, would both improve the lives of Kenyans and serve U.S. interests by combating violent extremism. This report recommends actions the U.S. government should take to promote greater stability in Kenya and the region, and outlines in particular how the U.S. government should support Kenyan civil society. In 2010 Kenyan voters approved a new constitution, which contains strong human rights safeguards, protections for civil society, and judicial reforms. And it is in many ways a model of legal protection for human rights. It provides for the creation of several important bodies, including the National Gender Equality Commission—which is pushing for the implementation of article 81b of the constitution: “not more than two thirds of the members of elective public bodies shall be of the same gender”—and the Kenyan National Commission on Human Rights. Unfortunately, these and other official entities set up under the constitution to protect rights are insufficiently resourced and politically weak. The government’s implementation of the constitution has generally not matched the promise of its text. It has attacked civil society groups and attempted to muzzle dissent, often in the name of counterterrorism. The 2013 Public Benefit Organizations (PBO) Act, a law designed to regulate and protect civil society, has yet to be implemented. On the positive side, parts of the Kenyan judiciary remain defiantly independent of government interference, something President Obama should praise during his trip. The Kenya section in the U.S. State Department Country Reports on Human Rights Practices for 2014 states: “The most serious human rights problems were security force abuses, including alleged unlawful killings, forced disappearances, torture, and use of excessive force; interethnic violence; and widespread corruption and impunity throughout the government…. Widespread impunity at all levels of government was a serious problem, despite public statements by the president and deputy president and police and judicial reforms. The government took only limited steps to address cases of unlawful killings by security force members.” That crackdown runs counter to President Obama’s insistence that stability and security require “freedom for civil society groups.” During his visit, President Obama should discuss the crackdown on civil society along with other pressing and sensitive issues: security cooperation, corruption, refugee protection, and the human rights of LGBT people.
Topic:
Civil Society, Human Rights, Violent Extremism, Counter-terrorism, and Transparency
Political Geography:
Kenya, Africa, United States, Nairobi, and East Africa

35. Full Issue: Money & War

Author:
Sarah Detzner, James Copnall, Alex de Waal, Ian M. Ralby, Joshua Stanton, Ibrahim Warde, Leon Whyte, Richard Weitz, Jessica Knight, John H. Maurer, Alexander Tabarrok, Alex Nowrasteh, Tom Keatinge, Emily Knowles, Karolina MacLachlan, Andrew Lebovich, Caroline Troein, and Anne Moulakis
Publication Date:
01-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
The Fletcher Security Review: Managed and edited by students at the Fletcher School of Law and Diplomacy, we build on the Fletcher School’s strong traditions of combining scholarship with practice, fostering close interdisciplinary collaboration, and acting as a vehicle for groundbreaking discussion of international security. We believe that by leveraging these strengths – seeking input from established and up-and-coming scholars, practitioners, and analysts from around the world on topics deserving of greater attention – we can promote genuinely unique ways of looking at the future of security. Each issue of the Review is centered around a broad theme – in this issue, we tackle “Money & War.” Money influences every aspect of warfare, conventional or unconventional. No nationstate military, insurgent group, terrorist network, trans-national criminal organization, or hybrid actor can be understood, or countered, without knowing where the money is coming from – as well as where, and how, it gets spent. Evolutions and revolutions in financial tools and practices quickly translate to transformations in military affairs, and some cases, vice versa.
Topic:
Security, Foreign Policy, Economics, Human Rights, Governance, Sanctions, Military Affairs, Finance, Islamic State, Navy, Arab Spring, Maritime, Conflict, Multilateralism, Islamism, Drugs, and Currency
Political Geography:
Afghanistan, Africa, China, Iran, Sudan, Darfur, Middle East, Asia, North Korea, Mali, Asia-Pacific, Sahel, United States of America, and North America

36. Understanding "The Political Marketplace" and the Roots of Persistent Conflict: An Interview with Professor Alex de Waal

Author:
Alex de Waal
Publication Date:
01-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
As the Executive Director of the World Peace Foundation, Professor Alex de Waal is considered one of the foremost experts on Sudan and the Horn of Africa. His scholarly work and practice has also probed humanitarian crisis and response, human rights, HIV/AIDS and governance in Africa, and conflict and peace-building. In 1988, he received a D.Phil. in social anthropology at Nuffield College, Oxford for his thesis on the 1984-5 Darfur famine in Sudan. He was the first chairman of the Mines Advisory Group at the beginning of the International Campaign to Ban Landmines. He set up two independent human rights organizations, African Rights (1993) and Justice Africa (1999), focusing respectively on documenting human rights abuses and developing policies to respond to human rights crises, notably in Rwanda, Somalia and Sudan. From 1997 to 2001, he focused on avenues to peaceful resolution of the second Sudanese Civil War. In 2001, he returned to his work on health in Africa, writing on the intersection of HIV/AIDS, poverty and governance, and initiated the Commission on HIV/AIDS and Governance in Africa. During 2005-06, deWaal was seconded to the African Union mediation team for Darfur and from 2009-11 served as senior adviser to the African Union High-Level Implementation Panel for Sudan. He was on the list of Foreign Policy’s 100 most influential public intellectuals in 2008 and Atlantic Monthly’s 27 “brave thinkers” in 2009.
Topic:
Economics, Human Rights, Politics, Humanitarian Intervention, and Conflict
Political Geography:
Africa, Sudan, Darfur, and Ethiopia

37. Being an Advocate for Human Rights in Sub-Saharan Africa: Jeffrey Smith

Author:
Jeffrey Smith
Publication Date:
09-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Jeffrey Smith is currently Program Officer at Robert F. Kennedy Human Rights where he manages the organization’s advocacy projects that focus on sub-Saharan Africa. He collaborates closely with grassroots civic activists and journalists across the continent—and the world—to highlight pressing human rights concerns to a wider audience. Mr. Smith’s research and advocacy has covered Zimbabwe, The Gambia, Swaziland, and Kenya, among others. He appears frequently in media outlets as an expert commentator on African affairs, including on CNN, MSNBC, Al Jazeera, NPR, BBC, and Voice of America. Mr. Smith is a graduate of the University of Connecticut, where he also received a master’s degree in international relations and was the university’s first recipient of its distinguished human rights graduate certificate.
Topic:
International Relations, Civil Society, Human Rights, and Interview
Political Geography:
Kenya, Africa, Zimbabwe, Swaziland, and Gambia

38. Moving beyond a Donor-Recipient Relationship? Assessing Partnership in the Joint Africa-EU Strategy

Author:
Karen del Biondo
Publication Date:
02-2015
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
The Joint Africa-EU Strategy (JAES), which was adopted in 2007, aimed to break with the traditional do¬nor-recipient relationship between the EU and Africa and to develop a true partnership. The concept of partnership has been central in EU-Africa relations ever since the Lomé Agreement (1975), but many have argued that it has been eroded by conditionalities and the end of special trade preferences. Ideally, a partnership is characterized by shared values, equality and trust, but are these principles reflected in the JAES? This study investigates this question by focusing on the thematic partnerships on peace and security and democratic governance and human rights. The paper argues that, despite the power asymmetries between the EU and Africa, the JAES has been characterized by equality in decision-making and by African ownership in capacity-building. However, while the JAES may objectively be based on shared values, the EU and the AU have often differed on how to apply those values in concrete situations, more particularly on the question which type of intervention is acceptable (conditionality, military intervention, etc.). Moreover, the analysis identifies a general feeling of mistrust amongst both parties in the partnership.
Topic:
Security, Human Rights, and Governance
Political Geography:
Africa and Europe

39. EJIL Editors’ Choice of Books 2015

Author:
Sarah Nouwen, Christian Tams, Jan Klabbers, and Jean d'Aspremont
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
At the end of 2014, we invited the EJIL Board members to reflect on the books that had had a significant impact on them during the year. Their contributions, posted on EJIL: Talk!, were met with great interest and curiosity. As the end of another year approaches, we decided once more to invite our Board members to look back on their reading in 2015. In the following pieces Sarah Nouwen, Christian Tams, Jan Klabbers and Jean d’Aspremont write about the books they read or re-read this year and which they found inspiring, enjoyable or even ‘must reads’ for their own work or international law scholarship in general.
Topic:
Human Rights, International Law, History, and Courts
Political Geography:
Africa, Europe, and South Sudan

40. Tool 8: Integrating Gender in Security Sector Reform and Governance (Toolkit for Security Sector Reform and Governance in West Africa)

Author:
Aisha Fofana Ibrahim, Alex Sivalie Mbayo, and Rosaline Mcarthy
Publication Date:
01-2015
Content Type:
Policy Brief
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Gender equality is an international norm that stipulates the equal right of women, men and gender minorities to access opportunities and resources, regardless of the sex with which they were born and the gender with which they identify. In the context of the security sector, this means that women and men should have equal opportunities to participate in the provision, management and oversight of security services, and that the security needs of women, men, boys and girls should be equally considered and effectively responded to. While ECOWAS recommends that the specific security and justice needs of men and women, boys and girls are fully integrated into all reform processes and governance mechanisms applicable to the security sector, the transition from theory to practice often proves challenging. Tool 8 of the Toolkit for Security Sector Reform and Governance in West Africa is designed to provide practitioners with action-oriented guidance for tackling this challenge. It may be most useful to national actors involved in the governance of security institutions and to those who partake in democratic oversight. This Tool aims to facilitate the identification of effective entry points for integrating the aims of gender equality in national legislation, strategies and budgets for security; in the management of security institutions; in the delivery of justice and security services and in national defence; as well as at all stages of internal and external oversight of the security sector.
Topic:
Security, Gender Issues, Human Rights, Women, Inequality, and LGBT+
Political Geography:
Geneva, Africa, United Nations, Liberia, West Africa, and Sierra Leone