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171. Digital Affordances and Human Rights Advocacy

Author:
Steven Livingston
Publication Date:
03-2016
Content Type:
Working Paper
Institution:
Collaborative Research Center (SFB) 700
Abstract:
Keck and Sikkink’s boomerang model (1998) and Risse, Ropp, and Sikkink’s spiral model (1999) anchor much of the scholarly debate about human rights norms propagation. At the heart of both models is “information exchange” among members of broad coalitions advocating for better compliance with human rights norms. An updated spiral model (2013) offers a more liminal, ambiguous, and conditional set of actors and processes than appeared in the first boomerang and spiral models. In this context, we consider the effects of a wide array of digital technologies on human rights NGOs advocacy work and how they affect 21st century information exchange. Traditionally, evidence in human rights investigations is collected in face-to-face meetings among activists and on fact-finding missions. We argue that clusters of digital technologies create “digital affordances” that provide nonstate actors with tools that strengthen their ability to gather scientifically grounded information that pressures noncompliant actors toward commitments with broadly shared human rights norms. As to whether this also leads to greater compliance is less clear.
Topic:
Human Rights, Science and Technology, United Nations, and NGOs
Political Geography:
Global Focus

172. Spotlight on Yemen's Forgotten War and Humanitarian Disaster: Preventing the Next Syrian Refugee Crisis

Author:
Jacqueline Lopour
Publication Date:
03-2016
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
Humanitarian crises across the world are the worst since World War II, and the situation is only going to get worse. According to the UN Refugee Agency (UNHCR), almost 60 million people worldwide have been forcibly displaced from their homes — that is approximately one in every 123 people on the planet (UNHCR 2016a). The problem is growing, as the number of those displaced is over 60 percent greater than the previous decade. As a result, UN Secretary-General Ban Ki-moon has announced the first ever World Humanitarian Summit to be held May 23-24, 2016. The world’s attention is focused on the Syrian refugee crisis, which has displaced 11 million people. But in doing so, the global community has lost sight of an equally severe humanitarian and displacement crisis — the situation in Yemen. Yemen now has more people in need of aid than any other country in the world, according to the UNOCHA Global Humanitarian Overview 2016. An estimated 21.2 million people in Yemen — 82 percent of the population — requires humanitarian aid, and this number is steadily growing (UNOCHA 2016a).
Topic:
Conflict Resolution, Development, Human Rights, Humanitarian Aid, Poverty, War, and Refugee Issues
Political Geography:
Yemen and Global Focus

173. The Privatization of Human Rights: Illusions of Consent, Automation and Neutrality

Author:
Emily Taylor
Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
The Internet enables the free flow of information on an unprecedented scale but to an increasing extent the management of individuals’ fundamental rights, such as privacy and the mediation of free expression, is being left in the hands of private actors. The popularity of a few web platforms across the globe confers on the providers both great power and heavy responsibilities. Free-to-use web platforms are founded on the sale of user data, and the standard terms give providers rights to intrude on every aspect of a user’s online life, while giving users the Hobson’s choice of either agreeing to those terms or not using the platform (the illusion of consent). Meanwhile, the same companies are steadily assuming responsibility for monitoring and censoring harmful content, either as a self-regulatory response to prevent conflicts with national regulatory environments, or to address inaction by states, which bear primary duty for upholding human rights. There is an underlying tension for those companies between self-regulation, on the one hand, and being held accountable for rights violations by states, on the other hand. The incongruity of this position might explain the secrecy surrounding the human systems that companies have developed to monitor content (the illusion of automation). Psychological experiments and opaque algorithms for defining what search results or friends’ updates users see highlight the power of today’s providers over their publics (the illusion of neutrality). Solutions could include provision of paid alternatives, more sophisticated definition and handling of different types of data — public, private, ephemeral, lasting — and the cooperation of all stakeholders in arriving at realistic and robust processes for content moderation that comply with the rule of law.
Topic:
Conflict Resolution, Human Rights, Human Welfare, Science and Technology, and Governance
Political Geography:
Global Focus

174. Making or Breaking Nonviolent Discipline in Civil Resistance Movements

Author:
Thomas Pinckney
Publication Date:
10-2016
Content Type:
Special Report
Institution:
International Center on Nonviolent Conflict (ICNC)
Abstract:
A central question in the study and practice of civil resistance is how nonviolent movements can maintain nonviolent discipline among their members. What factors encourage and sustain nonviolent discipline, particularly in the face of violent repression? While several scholars have suggested answers to these questions to date, the answers have largely remained ad hoc and have not been systematically tested. This monograph addresses these deficits in the literature by offering a unified theory of nonviolent discipline. This theory provides a helpful tool for better understanding how nonviolent discipline is created, sustained and shaped by repression. Following the theory, the monograph presents two tests of the effects of several influences on nonviolent discipline. The first is on the impact of patterns of repression, history of civil resistance, and campaign leadership and structure on nonviolent discipline.
Topic:
Human Rights
Political Geography:
Global Focus

175. Outcome Report of Workshop on International Investment and the Rights of Indigenous Peoples

Author:
Columbia Centre on Sustainable Investment
Publication Date:
11-2016
Content Type:
Special Report
Institution:
Columbia Center on Sustainable Investment
Abstract:
On May 12, 2016, the United Nations (UN) Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz, and the Columbia Center on Sustainable Investment hosted a one-day workshop on international investment and the rights of indigenous peoples. This outcome document synthesizes the discussions that took place during the May 12 workshop. The workshop was part of a series of consultations undertaken to support the Special Rapporteur’s second thematic analysis on the impact of international investment agreements on the rights of indigenous peoples (available here). Held at the Ford Foundation in New York, the workshop brought together 53 academics, practitioners, indigenous representatives, and civil society representatives to explore strategies for strengthening the rights and interests of indigenous peoples in the context of international investment. The workshop provided an opportunity for participants to share their diverse perspectives, experiences, and insights regarding the intersection of international investment and human rights, and to discuss creative and pragmatic approaches to short and long-term reform of both the investment and human rights regimes, with the ultimate goal of ensuring that indigenous rights are respected, protected, and fulfilled.
Topic:
International Relations, Human Rights, and Post Colonialism
Political Geography:
Global Focus

176. Trans Legal Mapping Report: Recognition before the law (2016)

Author:
Zhan Chiam, Sandra Duffy, and Matilda González Gil
Publication Date:
11-2016
Content Type:
Special Report
Institution:
ILGA World (International Lesbian, Gay, Bisexual, Trans and Intersex Association)
Abstract:
The Trans Legal Mapping Report is a research project by ILGA World, detailing the impact of laws and policies on trans persons across the globe. Its latest edition, released in September 2020, covers the legal situation in 143 UN member States: it highlights provisions which set out how trans and gender-diverse people can change their sex/gender marker and names on official identity documents (legal gender recognition), but also collects information on laws criminalising trans identities, both explicitly and de facto – looking at the situation for our communities in every region of the world. All too often, processes for gender marker and name change include requirements that are blatant human rights violations: this report outlines them clearly, but also shows progressive examples from across the world. Compiling information both through desk-based research and the lived realities of trans activists across the world, the ILGA World Trans Legal Mapping Report is a fundamental tool that advocates can use to engage with their national governments and bring about change.
Topic:
Government, Human Rights, Law, LGBT+, and Transgender
Political Geography:
Global Focus

177. State-Sponsored Homophobia (2016)

Author:
Aengus Carroll
Publication Date:
10-2016
Content Type:
Special Report
Institution:
ILGA World (International Lesbian, Gay, Bisexual, Trans and Intersex Association)
Abstract:
Every year, ILGA World publishes its State-Sponsored Homophobia report, a world survey of sexual orientation laws. Since its first edition, back in 2006, ILGA World’s State-Sponsored Homophobia has been a fundamental resource for those interested in accessing the core information on legislation affecting people on the basis of their sexual orientation. Not only human rights defenders, but also civil society organisations, governmental and United Nations agencies, allies and media worldwide value the publication as one of the main sources of information on the issue. The publication is accompanied by a series of maps and charts illustrating where criminalisation, protection and recognition laws exist.
Topic:
Human Rights, Law, LGBT+, and Homophobia
Political Geography:
Global Focus

178. Assessing Business-Related Impacts on Human Rights

Author:
Dyan Tromp
Publication Date:
01-2016
Content Type:
Special Report
Institution:
Institute for Development and Peace
Abstract:
With a view to informing the policies and practices of states, business enterprises, and other stakeholders towards universal corporate respect for human rights, this study proposes principled and practical indicators to support the assessment of human rights impacts with which business enterprises may be involved. The study identifies a wide array of contexts in which application of the proposed indicators would help to strengthen state approaches to protecting rights-holders against business-related harm in terms of law, policy, regulation, adjudication and participation in multilateral, international and regional organizations. The study also presents a practical methodology for how the proposed indicators can strengthen current private sector approaches to implementing the corporate responsibility to respect human rights, particularly in terms of assessing the human rights risks and impacts that may be associated with core business operations and business relationships.
Topic:
Human Rights, Business, Regionalism, and Private Sector
Political Geography:
Global Focus

179. Between Evolution and Stagnation – Immunities in a Globalized World

Author:
Heike Krieger
Publication Date:
08-2015
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Immunities here have, on the one hand, been calls for the limitation or even the abolition of immunities, in particular based on the argument of a lack of responsibility for grave violations of human rights. Contrarily, opposed tendencies can be observed which raise ideas such as the extension of the scope of persons to be protected by immunities, resting upon the pluralization of actors in the globalized world. This article examines these two contradictory aspects of development of immunities in public international law and how they might interrelate with each other. It analyses how the simultaneous evolution and stagnation of immunities can be explained. For that purpose the contribution evaluates at first the current state of the legal development. Further, it takes a look at a certain stagnation of legal development and clarifies the structural parameters within public international law which have led to such a stagnation. In this context, it is critically dealt with the question, whether immunities meet the demands of a globalized world. Lastly, this article addresses the development regarding a denial of immunity in cases of grave human rights violations and asks how it could be more cautiously brought forward.
Topic:
Globalization, Human Rights, and Legal Theory
Political Geography:
Global Focus

180. A Democracy Assembly to Face the New Authoritarian Challenges

Author:
Ladan Boroumand
Publication Date:
12-2015
Content Type:
Special Report
Institution:
Center for the Opening and Development of Latin America (CADAL)
Abstract:
Sixteen years after the first World Movement Assembly, the situation has dramatically changed. We no longer have the strong wind of triumphant democracy in our sails. Instead, we are facing a reinvigorated wind of authoritarianism that defies us not only in practice but also ideologically and tests our understanding of our own values, our consistency, and our commitment. During the last wave of democratization, civil society emerged as a recognized and legitimate actor on the international stage. If as civil society actors we are being silenced and made irrelevant in our countries, with the help of democratic governments and the global human-rights community we can use the virtual and international stage to reemerge as strong, relevant actors and impose ourselves as our governments’ interlocutors.
Topic:
Civil Society, Human Rights, Authoritarianism, and Democracy
Political Geography:
Latin America and Global Focus