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41. Ombuds Institutions for the Armed Forces: Selected Case Studies

Author:
William McDermott, Kim Piaget, Lada Sadiković, Mary McFadyen, Riina Turtio, Tamar Pataraia, Aida Alymbaeva, Bogdan Kryklyvenko, and Susan Atkins
Publication Date:
01-2017
Content Type:
Case Study
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Ombuds institutions for the armed forces are key actors in establishing good governance and implementing democratic controls of the security sector. These institutions are tasked with protecting the human rights and fundamental freedoms of armed forces personnel, as well as providing oversight and preventing maladministration of the armed forces. This publication highlights good practices and lessons learned in seven case studies of ombuds institutions for the armed forces from the following OSCE states: Bosnia and Herzegovina, Canada, Finland, Georgia, Kyrgyzstan, Ukraine, United Kingdom.
Topic:
Security, Human Rights, Governance, and Armed Forces
Political Geography:
United Kingdom, Europe, Central Asia, Ukraine, Canada, Finland, Kyrgyzstan, Georgia, North America, and Bosnia and Herzegovina

42. Addressing Child Marriages In Turkey

Author:
Fawn Bolak
Publication Date:
04-2017
Content Type:
Working Paper
Institution:
Center on Human Rights Education, University of Denver
Abstract:
According to data taken from the Turkish Ministry of Interior Affairs in 2014, within a three-year span, 134,629 individuals under the age of 18 were legally married in Turkey, with underage girls disproportionately accounting for 128,866 of this total. This figure states that 14% of marriages in Turkey involve an individual who is underage. However, the information presented may not be an accurate representation of the scale of the issue, since many child marriages are not legally registered, but occur as religious ceremonies. Taking into account these religious marriages, a 2013 report from Gaziantep University estimated number of child marriages in Turkey is much closer to 37%, and in some rural regions of the country, the rate may be as high as 60%. This study also found that 82% of child brides in Turkey are illiterate. Researcher Dr. Erhan Tunç suggests that the trend in child marriages is occurring as a result of a lack of education and severe religious views.
Topic:
Human Rights, Religion, Child Marriage, and Marriage
Political Geography:
Europe, Turkey, and Asia

43. International Security and Human Rights: an Examination through Critical Cosmopolitarianism and Offensive Liberalism Approaches / Seguridad internacional y Derechos Humanos: una reflexión a partir delos aportes del cosmopolitismo crítico y el liberalismo ofensivo

Author:
María Eugenia Cardinale
Publication Date:
06-2017
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
This paper will examine two theoretical perspectives about International Security, through the theoretical framework of IR (International Relations) Debates. The focus will be on “thin cosmopolitarianism” and offensive liberalism. Both approaches emphases the linkage between international security and human rights as the core of ideas and practices in the field. International Security has a central role in IR contemporary debates and within them has emerged proposals that pursue the aim of presenting innovative forms and contents for security. Among those approaches experts highlights critical views of cosmopolitarianism and a specific form of liberalism called offensive or interventionist, usually associated with USA security policies. Particularly, this last perspective has not received enough attention in Spanish IR literature. Therefore, the aim of this paper is to review, to compare and to call into question both perspectives, considering that as a basis for analyze international security-human rights relationship.
Topic:
International Relations, Human Rights, International Security, and Liberalism
Political Geography:
Europe, Spain, and United States of America

44. Closed Borders: The impact of border closures on people on the move, with a focus on women and children in Serbia and Macedonia

Author:
Oxfam Publishing
Publication Date:
11-2016
Content Type:
Working Paper
Institution:
Oxfam Publishing
Abstract:
In 2015 there was a huge increase in the number of migrants, including refugees, arriving in Greece and travelling along the Balkan route on their way to destination countries further north. According to UNHCR, more than one million refugees and migrants crossed the Mediterranean in 2015. This report looks at the protection concerns of people on the move, especially women and children, in Macedonia and Serbia following the closure of the Balkan route. It is based on research and information gathered by Oxfam and its partners: the Belgrade Centre for Human Rights and Atina in Serbia, and the Macedonian Young Lawyer Association and Open Gate/ La Strada in Macedonia. The report includes recommendations on how to protect and promote their safety, dignity and human rights.
Topic:
Human Rights, Migration, Refugees, and Humanitarian Crisis
Political Geography:
Europe, Serbia, and Macedonia

45. 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

46. The Right to Leave by Sea: Legal Limits on EU Migration Control by Third Countries

Author:
Nora Markard
Publication Date:
07-2016
Content Type:
Journal Article
Abstract:
The EU and its member states are progressively involving third countries in their border control measures at sea. Relevant instruments of cooperative migration control range from capacity building measures to joint patrols in third-country territorial waters and shared surveillance intelligence on ship movements. So far, the discussion on migration control at sea has mainly focused on the illegality of ‘push-backs’ of migrant boats by EU member states to their point of departure. By contrast, the increasing incidence of departure prevention or ‘pull-backs’ by third countries in the service of EU member states has been largely neglected. In particular, such measures raise grave concerns with respect to the right to leave any country, including one’s own. Of central importance during the Cold War, this human right is of no lesser relevance at Europe’s outer borders. This paper explores to what extent departure prevention and pull-back measures are compatible with the right to leave and the law of the sea and discusses the responsibility of EU member states for internationally wrongful acts committed by third countries in such cooperative migration control scenarios.
Topic:
Human Rights, International Law, Migration, Border Control, and Maritime
Political Geography:
Europe and European Union

47. Citizens of Ukraine on Security: Personal, National, and its Elements

Author:
Alla Chernova and Valeriya Klymenko
Publication Date:
01-2016
Content Type:
Special Report
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
BACK TO RESOURCES CITIZENS OF UKRAINE ON SECURITY SURVEY 2016 Abstract This publication presents the results of a nationwide sociological survey conducted by the Razumkov Centre's Sociological Service in the framework of Ukraine's security governance challenges monitoring project, implemented by the Geneva Centre for the Democratic Control of Armed Forces (DCAF), jointly with Razumkov Centre, with support from the Kingdom of the Netherlands. The survey and the publication were made possible through financial support from the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The assessments and conclusions made by the authors do not necessarily coincide with official position of the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The survey was conducted by the Razumkov Centre's Sociological Service on 27-31 May 2016, in all regions of Ukraine, except Crimea and the occupied territories of Donetsk and Luhansk regions. 2,019 respondents aged above 18 years were polled. The sampling error does not exceed 2.3%.
Topic:
Security, Gender Issues, Human Rights, Sociology, Law Enforcement, Reform, Conflict, and State
Political Geography:
Geneva, Europe, Ukraine, and Eastern Europe

48. The Complaint-Handling System and Civilian Oversight of the Palestinian Security Sector

Author:
Mahmoud Alawna, Nora-Elise Beck, Vlatko Cvrtila, Fatima Itawi, Saša Janković, Arnold Luethold, Frederic Maio, and Felix Tusa
Publication Date:
08-2016
Content Type:
Working Paper
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This working paper aims to support the ongoing efforts of the Palestinian executive authorities, security forces, independent institutions, civil society organisations (CSOs) and the media to strengthen the Palestinian complaints system. It identifies deficits in the complaints system of the Palestinian security sector and proposes recommendations to rectify them. It particularly stresses the need to improve coordination between the vast number of complaints units and calls for greater clarity on the role of civil society and the media. It hopes to raise awareness for these issues among Palestinian decision-makers and citizens and international actors. When fully functioning, the complaint handling system can be an effective source of information for the government to improve its performance and develop its services. The paper builds upon the discussions of the complaints working group, consisting of Palestinian government officials and representatives of the security forces, civil society and the media. DCAF presented the recommendations to senior Palestinian decision-makers in late September 2016, providing these with cases of international best practice.
Topic:
Security, Civil Society, Human Rights, Governance, and Law Enforcement
Political Geography:
Geneva, Europe, Palestine, and West Bank

49. The EU Commission and the Fragmentation of International Law: Speaking European in a Foreign Land

Author:
Avidan Kent
Publication Date:
11-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Abstract:
The debate on the fragmentation of International Law has been relatively dormant in recent years. However, recent events demonstrate not only that this debate should be re-awoken, but also that some key elements of this debate must be reconsidered. Notably, while the fragmentation of International Law has often been discussed from the perspective of courts and judges, this article examines the view and the impact of a different institutional actor – the Commission of the European Union. This contribution analyzes a series of amicus briefs that were submitted in a number of investment treaties-based cases. These briefs, which were recently disclosed to the author, reflect a certain radicalization of the European Court of Justice’s view concerning the place and the role of the EU’s legal system within the international legal order. This article discusses the problematic implications that the Commission’s approach may have on the international legal order, as well as possible future pathways.
Topic:
Environment, Human Rights, International Cooperation, International Law, European Union, and Trade
Political Geography:
Europe

50. Enduring Uncertainty

Author:
Ines Hasselberg
Publication Date:
03-2016
Content Type:
Book
Institution:
Berghahn Books
Abstract:
Focusing on the lived experience of immigration policy and processes, this volume provides fascinating insights into the deportation process as it is felt and understood by those subjected to it. The author presents a rich and innovative ethnography of deportation and deportability experienced by migrants convicted of criminal offenses in England and Wales. The unique perspectives developed here – on due process in immigration appeals, migrant surveillance and control, social relations and sense of self, and compliance and resistance – are important for broader understandings of border control policy and human rights.
Topic:
Human Rights, Migration, Immigration, Border Control, Surveillance, Police, and Resistance
Political Geography:
United Kingdom, Europe, England, and Wales