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141. Overcoming the Democratisation Deficit in the Western Balkans: A Road to (No)Where?

Author:
Vedran Dzihic
Publication Date:
08-2018
Content Type:
Special Report
Institution:
Austrian Institute for International Affairs (OIIP)
Abstract:
The internal weaknesses of the process of democratisation in the Western Balkans ensue from reinforcing a system where (ethno)politics and (ethno)political entre-preneurs use all available strategies to deprive citizens of any political agency, thus working towards obedient democracies while keeping real political power within closed circles. The conscious deepening of differences, maintaining negative tensions and instrumentalising – predominantly ethnic – identities for political or other particular purposes are some of the crucial features of (ethno)politics in the Western Balkans. The promise of Europeanisation is losing its ability to mobilise citizens as it faces a two-fold challenge: 1) No Push – while it is clear that progress in the accession process is extremely slow, even those steps which have been completed with success are left without meaningful recognition that could revive the ambition to join the EU; 2) No Pull – The support of political leaders displaying all the characteristics of illiberal and even authoritarian rule is maintained for the sake of stability in the region. The trend of strengthening right-wing and even extreme organisations of civil society adds another worrying dimension to the Western Balkans’ complex, socio-political situation. Illiberal NGOs nowadays use a different vocabulary and new strategies to disguise their illiberal claims and policies as human rights discourse. An increasing mainstreaming of their image and key messages builds on the lessons learnt exactly from liberal civil society. They flourish in the context of the apparent weakness of the leftist political forces which are seeking inspiration and possible mass mobilisation in the new community-based social movements.
Topic:
Democratization, Human Rights, and Social Movement
Political Geography:
Eastern Europe and Balkans

142. Global Social Fascism: Violence, Law and Twenty-First Century Plunder

Author:
Lara Montesinos Coleman
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
Centre for Global Political Economy, University of Sussex
Abstract:
The intellectual authors of neoliberalism were aware of the lethal implications of what they advocated. For ‘the market’ to work, the state was to refuse protection to those unable to secure their subsistence, while dissidents were to be repressed. What has received less attention is how deadly neoliberal reforms increasing come wrapped in social, legal and humanistic rhetoric. We see this not only in ‘social’ and ‘legal’ rationales for tearing away safety nets in Europe’s former social democratic heartlands, but also in the ‘pro-poor’ emphasis of contemporary development discourse. This includes contexts where colonial legacies have facilitated extreme armed violence in service of corporate plunder. To expose these dynamics, I juxtapose the everyday violence of austerity in Britain with neoliberal restructuring in Colombia. The latter is instructive precisely because, in tandem with widespread state-backed terror, Colombia has held fast to the language and institutions of liberal democracy. It has, as a result, prefigured the subtle authoritarian tendencies now increasingly prominent in European states. The reconceptualization of law, rights and social policy that has accompanied neoliberal globalization is deeply fascistic. Authoritarian state power is harnessed to the power of transnational capital, often accompanied by nationalistic and racist ideologies that legitimize refusal of protection and repression, enabling spiraling inequality. Nevertheless, extending Boaventura de Sousa Santos’s discussion of ‘social fascism’, I suggest that widespread appeal to the ‘social’ benefits and ‘legal necessity’ of lethal economic policies marks a significant and Orwellian shift. Not only are democratic forces suppressed: the very meanings of democracy, rights, law and ethics are being reshaped, drastically inhibiting means of challenging corporate power.
Topic:
Human Rights, Social Stratification, Law, Fascism, and Neoliberalism
Political Geography:
Britain and Colombia

143. The Private Life of Family Matters: Curtailing Human Rights Protection for Migrants under Article 8 of the ECHR?

Author:
Alan Desmond
Publication Date:
01-2018
Content Type:
Journal Article
Abstract:
This article critically examines the evolving practice of the European Court of Human Rights (ECtHR) towards the definition and use of the concepts of family life and private life in cases involving migrants who seek to resist deportation by invoking Article 8 of the European Convention on Human Rights. The examination reveals an approach on the part of the Court that has the effect of shrinking the protection potential of Article 8 for migrant applicants, allowing state interest in expulsion to carry the day. This is symptomatic of Strasbourg’s deference to state sovereignty in the realm of migration. While the ECtHR has issued a number of landmark rulings roundly vindicating migrants’ rights, these are the exception to the rule of Strasbourg’s deference to state powers of immigration control. This approach has far-reaching implications for migrants in the member states of the Council of Europe. The article concludes by highlighting the tools at the Court’s disposal that could be employed to construct a more human rights-consistent approach in this strand of jurisprudence, which is an issue all the more relevant in light of the growing number of migrants seeking to establish a life in Europe.
Topic:
Human Rights, International Law, Migration, Sovereignty, and Courts
Political Geography:
Europe and France

144. Maritime Legal Black Holes: Migration and Rightlessness in International Law

Author:
Itamar Mann
Publication Date:
04-2018
Content Type:
Journal Article
Abstract:
This article explores the trope of the ‘legal black hole’ to reveal questions of legal theory arising from contemporary migrant drownings. The theme was popularized during what was then called the ‘war on terror’, but its trajectory is longer and more complex. Its material history, as well as its intellectual history within legal scholarship, suggest three distinct ‘legacies’ of legal black holes: the counterterrorism legacy; the migrant-detention legacy; and the legacy of the maritime legal black hole. The tripartite division provides a conceptual typology of instances where persons are rendered rightless. While the two former types are characterized by de facto rightlessness due to a violation of international law, the latter exposes a seldom acknowledged, yet crucial, characteristic of international law; the age-old doctrine on the division of responsibilities between states and individuals at land and at sea is now creating the conditions in which some people are rendered de jure rightless. Moreover, the typology sheds light on the specifically legal reasons for the seeming failure to end mass drowning of migrants and refugees in the Mediterranean Sea. Tracing the ways in which people become de jure rightless is ultimately suggested as a broader research agenda for scholars of international law.
Topic:
Human Rights, International Law, Migration, and Maritime
Political Geography:
Europe and Mediterranean

145. Changing State Behaviour: Damages before the European Court of Human Rights

Author:
Veronika Fikfak
Publication Date:
10-2018
Content Type:
Journal Article
Abstract:
Regardless of the efforts undertaken through the many reforms of the European Convention on Human Rights system, non-compliance with the judgments of the European Court of Human Rights (ECtHR) remains a major problem for the Council of Europe. This article asks how we can change state behaviour and what role, if any, could damages play in this context. First, the article focuses on how the choice of remedy affects compliance and why aggravated or punitive damages look like an ideal option to nudge states into compliance. I explore recent arguments by scholars and judges who argue that the ECtHR should actively shift its approach (or perhaps already has) to nudge state behaviour towards compliance and prevention of future violations. Based on my empirical research, I show that the current case law presents several obstacles to the introduction of such damages. Building on the economic analysis of the law and insights from behavioural sciences, I reveal how the Court’s approach fails to comply with any of the elements needed to incentivize states to change their behaviour. I finally question to what extent aggravated or punitive damages can be efficient within a system that relies on voluntary compliance.
Topic:
Human Rights, International Law, Reform, and Courts
Political Geography:
Europe and France

146. Michael Higgins, President of Ireland

Author:
Michael D. Higgins
Publication Date:
04-2018
Content Type:
Video
Institution:
Columbia University World Leaders Forum
Abstract:
His Excellency Michael D. Higgins, President of Ireland, addresses the Columbia University World Leaders Forum in Low Library.
Topic:
Climate Change, Human Rights, United Nations, Neoliberalism, and Social Justice
Political Geography:
New York, Europe, and Ireland

147. Looking into Eurasia - A review of 2017: the year in politics

Author:
Anne De Tinguy, Bayram Balci, David Cadier, Isabelle Facon, Clémentine Fauconnier, Marie-Hélène Mandrillon, Anaïs Marin, Dominique Menu, and Ioulia Shukan
Publication Date:
02-2018
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales
Abstract:
Looking into Eurasia : the year in politics provides some keys to understand the events and phenomena that have left their imprint on a region that has undergone major mutation since the fall of the Soviet Union in 1991: the post-soviet space. With a cross-cutting approach that is no way claims to be exhaustive, this study seeks to identify the key drivers, the regional dynamics and the underlying issues at stake
Topic:
Conflict Resolution, Corruption, Crime, Economics, Globalization, Human Rights, Nationalism, Political Economy, Natural Resources, Territorial Disputes, Global Markets, Finance, Europeanization, Memory, and Borders
Political Geography:
Russia, Caucasus, Kazakhstan, Kyrgyzstan, Uzbekistan, Azerbaijan, Hungary, Turkmenistan, Georgia, Czech Republic, Slovakia, Belarus, and European Union

148. Security and Sustainable Development in General Santos City, Philippines

Author:
Mario Joyo Aguja
Publication Date:
10-2018
Content Type:
Case Study
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
SSR for Safer Cities - Supporting States to Achieve SDG 11 Safety and security has already become an urban experience for more than half of the world’s population. Against this backdrop, SDG 11 seeks to bring sustainable and peaceful development to the people who live in cities by calling on states to “Make cities and human settlements inclusive, safe, resilient and sustainable”. Yet high rates of urban violence reflect a failure to address the challenges of urbanization in national and donor-supported strategies for security and development. Urban violence exacerbates state fragility and human suffering, endangers local and regional peace, and drives uncontrolled migration. This fact demonstrates the urgency of linking SDG 11 with SDG 5 on women’s empowerment and SDG 16 on peaceful, just and inclusive societies. Within this larger priority there is now a pressing need to address the immediate challenges of SSR in urban contexts, manifests in the purpose of DCAF’s Policy and Research Division project “SSR for Safer Cities” supported by the Human Security Division of the Swiss Federal Department of Foreign Affairs. As part of the project, three case studies on security in cities conducted by local experts over the course of 2018 examine SSR within the urban realm; the selected cities are Bogotá, Cape Town and General Santos City.
Topic:
Security, Human Rights, Governance, Urbanization, Sustainable Development Goals, and Violence
Political Geography:
Geneva, Philippines, and Asia-Pacific

149. Enhancing Multilateral Support for Security Sector Reform:A Mapping Study covering the United Nations, the African Union, the European Union, and the Organization for Security and Co-operation in Europe

Author:
Vincenza Scherrer and Alba Bescos Pou
Publication Date:
01-2018
Content Type:
Working Paper
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Multilateral organizations are playing an important role in shaping the SSR agenda through the development of policy and guidance and by engaging in the provision of a wide range of SSR support on the ground. However, despite their significant engagement in this area, there is no predictability in terms of the type of support that multilateral organizations will take on. While policy frameworks concur that international support should be well coordinated, the support provided by these organizations tends to be compartmentalized in practice. As a result, considerable time is often lost while each organization separately assesses a conflict, maps what others are doing, and agrees on a division of labour. The report presents the findings of a multi-year research project on the approaches of the United Nations (UN), the African Union (AU), the European Union (EU), and the Organization for Security and Co-operation in Europe (OSCE) to supporting nationally-led SSR processes. The study aims at developing an empirically-based understanding of the roles and potential comparative advantages of these organizations in SSR support, as well as avenues for enhanced cooperation. For this purpose, the study examines the following three categories related to the role of multilateral organizations in SSR support: normative frameworks, institutional capacities, and operational practices. This report was commissioned from DCAF by the Security Sector Reform Unit (SSRU) of the United Nations Department of Peacekeeping Operations (DPKO).
Topic:
Security, Human Rights, Peacekeeping, Reform, and Multilateralism
Political Geography:
Geneva, Africa, Europe, United Nations, European Union, and African Union

150. Diagnosing the First Democratic Regime in Afghanistan: Human Rights Perspective

Author:
Satnam Singh Deol and Amandeep Kaur Sandhu
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The constant presence of undemocratic regimes, insurgencies and political instability in Afghanistan has continuously resulted into the miserable status of civil and political human rights. Furthermore, the heterogeneous nature of Afghan society and economic under development have deprived the people of social, cultural and economic rights. In 2004, democratic government had been established in Afghanistan under the presidentship of Hamid Karzai. Very obviously, the people at domestic level as well as the international community expected from the democratically elected regime to take concrete initiatives for the promotion and protection of human rights. The study observes that the pioneer democratically elected government of Afghanistan had taken all constitutional measures and legal provisions for the promotion and protection of human rights in Afghanistan which can be expected from a democratic nation. But several political, socio-ethnic and socio-economic circumstances such as frequent violence due to insurgency and counter-insurgency operations, dearth of popular legitimacy to the regime, challenges to political instability along with the orthodox and heterogeneous society, facing acute economic underdevelopment have hampered the actual process of the promotion and protection of human rights in Afghanistan.
Topic:
Human Rights, Insurgency, Counterinsurgency, Taliban, Military Intervention, Conflict, and Violence
Political Geography:
Pakistan, Afghanistan, South Asia, Central Asia, and Punjab