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191. Stephen Allen. The Chagos Islanders and International Law

Author:
Peter H. Sand
Publication Date:
04-2015
Content Type:
Journal Article
Abstract:
The tale of the Chagos Archipelago (British Indian Ocean Territory, BIOT) raises a wide spectrum of transnational legal questions, all across the fields of human rights, environment and disarmament. Last-born of the Empire’s colonies, the BIOT was established – and systematically depopulated – for the sole purpose of accommodating a strategic US military base during the Cold War years in 1965–1966. The territory has since generated extensive litigation in the national courts of the United Kingdom (UK) and the USA as well as proceedings in the European Court of Human Rights and an arbitration under Annex VII of the Convention on the Law of the Sea (UNCLOS). Stephen Allen, senior lecturer at the University of London’s Queen Mary College, has long followed and commented on legal developments in the Chagos cases as an observer. The focus of his attention remains the plight of the native Chagossians, a small Kreol-speaking people of African and Malgasy origin, whose exile (mainly to Mauritius, the Seychelles and the UK) has lasted for more than 40 years.
Topic:
Environment, Human Rights, Imperialism, International Law, History, Courts, Disarmament, and Displacement
Political Geography:
Britain, United States, Europe, and Chagos Islands

192. Rethinking Nation and Nationalism

Author:
Serhun Al, Senem Aslan, Lisa Blaydes, Laurie Brand, and Kristin Fabbe
Publication Date:
06-2015
Content Type:
Research Paper
Institution:
Project on Middle East Political Science (POMEPS)
Abstract:
You couldn’t swing a dead imperialist last summer without hitting an essay about the unraveling of the Sykes-Picot system in the Middle East. The bloody disintegration of Iraq and Syria seemed to have finally ripped apart the borders created by the British and French governments in the aftermath of World War I (even if the borders in question were actually forged at San Remo). It wasn’t just the rise of the so-called Islamic State spanning and erasing the Syrian-Iraqi border. The unprecedented, synchronized popular mobilization across borders during the early Arab uprisings of 2011 gave potent form to the ideals of transnational Arab political community supplanting the limits of nation-states. As the uprisings turned darker and most of the democratic transitions failed, new challengers to nation-states in the Middle East rose to the forefront: the Islamic State; the growing de facto independence of Kurds across Iraq and Syria, with ramifications extending into Turkey and Iran; the rise of sub-regional identities carried by heavily armed militias in failing states such as Yemen and Libya; unprecedented forced displacement moving millions of people within and across borders; and raging sectarianism dividing Sunnis and Shiites. These developments have not had a singular effect on national identities, however. While some states have collapsed, creating space for new subnational identities to challenge national cohesion, most have retrenched into a fiercer form of authoritarianism. Egypt’s military coup, for instance, has been sustained by the heavy-handed promotion of extreme nationalism. Many states in the Gulf have drawn upon sectarianism to consolidate support for their regimes in ways that could have an enduring impact on popular conceptions of national identity. Battles over the proper role of Islam in public life have reshaped political discourse from Egypt and Turkey (see Senem Aslan and Kristin Fabbe in this collection) and Tunisia (Elizabeth Young). Kurds imagine new political possibilities in very different contexts, as Nicole Watts demonstrates from Halabja and Serhun Al demonstrates through the historical experience of Turkey and Iraq.
Topic:
Nationalism, Sectarianism, Displacement, Colonialism, and Political Science
Political Geography:
Iraq, Turkey, Middle East, Syria, and Jordan

193. From Principles to Practice: Challenges of Implementing Reparations for Massive Violations in Colombia

Author:
Cristian Correa
Publication Date:
10-2015
Content Type:
Special Report
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This report examines Colombia’s Victims and Land Restitution Law (2011), which provides comprehensive reparations to conflict victims and restitution to victims of forced displacement who rely on land for their livelihoods – and assesses the challenges of implementing the law under current conditions, which include widespread poverty and ongoing violence. The government has allocated an estimated USD $29 billion to pay for the program, but some question whether it is enough. Complexities in the law also make it difficult to translate principles into action. The report suggests that a more modest approach to providing reparations on a massive scale may be preferable to overselling an effort that continues to leave many victims waiting.
Topic:
Poverty, Displacement, Reparations, Human Rights Violations, and Forced Migration
Political Geography:
Colombia and South America