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31. Human Rights from the International Relations

Author:
Alejandro Anaya Muñoz
Publication Date:
05-2019
Content Type:
Special Report
Institution:
Center for the Opening and Development of Latin America (CADAL)
Abstract:
Human rights are a very important area in contemporary international relations. The doctrine of human rights was concretized after a process of development of more than three centuries after the end of the Second World War and has changed the institutional panorama and the relations between actors at the international level. On the other hand, regardless of its «lack of teeth», the international regime on the subject has transformed the way states relate to international bodies, transnational civil society organizations and other governments.
Topic:
International Relations, Civil Society, Human Rights, International Political Economy, International Affairs, and Norms
Political Geography:
Global Focus

32. The role of democracy and human rights adherence in NATO enlargement decisions

Author:
Eyal Rubinson
Publication Date:
09-2019
Content Type:
Working Paper
Institution:
NATO Defense College
Abstract:
What is the role that democracy and adherence to hu- man rights play in NATO enlargement decisions? Democratic conditionality, a strategy of setting clear benchmarks of liberal-democratic reforms as a pre- requisite for membership, has been a central theme in NATO history. Adherence to democracy and human rights was cited in the Washington Treaty of 1949, and more recently in the 1995 Study on NATO En- largement, the 1994 Framework Document of the “Partnership for Peace” programme, the 1999 Mem- bership Action Plan (MAP) and other fundamental texts. However, despite this repeated insistence on condi- tionality, many candidate states did not satisfactorily improve their records pre-accession, and are increas- ingly unable to meet the requirement of a function- ing democracy, according to internationally renowned indices.
Topic:
NATO, Human Rights, Regional Cooperation, and Democracy
Political Geography:
Europe, North Atlantic, North America, and Global Focus

33. To Be Genocide or Not to Be Genocide, That Is the Question

Author:
Phedra Neel
Publication Date:
03-2019
Content Type:
Working Paper
Institution:
Public International Law Policy Group
Abstract:
Between the 7th and 10th February 2019, Human Rights Watch organized, in cooperation with De Balie, the seventh edition of the Human Rights Weekend. This year’s topic was “Where do I stand” and invited the attendees to think about how they are (in)directly involved in human rights violations and how they can contribute in ending these violations. The program consisted of masterclasses, lectures, and documentaries. One of these documentaries showed the incredible story of Nadia Murad. Nadia is a Yazidi girl, who witnessed her community being murdered by ISIS. She was later captured herself and forced to become a sex slave. Today she is known as the most recent Nobel peace Prize winner for her global advocacy campaign to fight for the rights of the Yazidi. This campaign consists of addressing heads of states and governments, asking for help for the survivors and for the attack on her people to be considered as genocide. Whereas some states have indeed passed legislation that recognizes the events as genocide, others refuse to do so until the United Nations (UN) itself officially uses the word genocide to describe the atrocities.
Topic:
Genocide, Human Rights, Crimes Against Humanity, and International Criminal Court (ICC)
Political Geography:
Global Focus

34. Gendarmeries and constabulary-type police: Roles and responsibilities of police with mixed military and civilian characteristics

Author:
Ronja Harder and Jasper Linke
Publication Date:
01-2019
Content Type:
Special Report
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Gendarmeries and constabulary-type police go by many names, but all combine characteristics of both the military and civilian police. Because of their unique skill sets, demand for such forces to face new threats to domestic and international security has increased everywhere. However, the mixed military–civilian characteristics of gendarmeries and constabulary-type police pose special challenges for democratic civilian control and the appropriate use of force, especially in domestic law enforcement. This SSR Backgrounder describes the roles and functions of gendarmeries and similar forces and explains how applying the principles of good SSG enables them to fulfil their legitimate mission of protecting both state and human security with respect for human rights and the rule of law. This SSR Backgrounder answers the following questions: What are gendarmeries and constabulary-type police? What roles can gendarmeries play in domestic security? How can gendarmeries contribute to international security? Are gendarmeries compatible with democratic security governance? What does SSR mean for gendarmeries?
Topic:
Security, Human Rights, Law Enforcement, Military Affairs, and Rule of Law
Political Geography:
Geneva and Global Focus

35. An Implementation Guide for National Human Rights Institutions

Author:
The Carter Center
Publication Date:
03-2019
Content Type:
Special Report
Institution:
The Carter Center
Abstract:
The 2030 Agenda for Sustainable Development sets peace, justice and strong institutions as goals for the international community to work toward, along with participatory decision-making at all levels and equal representation and participation of women in public affairs (Goals 5.5 and 16.7).1 The Human Rights Council stressed “the critical importance of equal and effective participation in political and public affairs for democracy, the rule of law, social inclusion, economic development and advancing gender equality, and for the realization of all human rights and fundamental freedoms.” 2 As part of their broad mandate to protect and promote human rights, national human rights institutions (NHRIs) have a key role to play in protecting and promoting the right to participate in public affairs.
Topic:
Human Rights and International Affairs
Political Geography:
Global Focus

36. Making Conflict Prevention a Concrete Reality at the UN

Author:
Adriana Erthal Abdenur
Publication Date:
02-2019
Content Type:
Working Paper
Institution:
Institute for Development and Peace
Abstract:
The idea of conflict prevention is makiong a comeback. Though at the heart of the United Nations charter, previous attempts to make conflict prevention a concrete reality within the UN system had limited success and were restricted primarily to the prevention of imminent or recuring conflict via mediation and good offices.
Topic:
Conflict Prevention, Security, Human Rights, United Nations, and Conflict
Political Geography:
Global Focus

37. Evaluating the Zero Draft on a UN Treaty on Business and Human Rights: What Does it Regulate and how Likely is its Adoption by States/

Author:
Julia Bialek
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Infringements of human rights through the actions of transnational corporations are common in our globalizing world. While the international community has undertaken numerous attempts to hold private corporations responsible for their actions, only soft law instruments govern this area of public international law. Only recently, a first draft was released for a Legally Binding Instrument to Regulate, in International Human Rights Law, the Activities of Transnational Corporations and Other Business Enterprises, also known as the Zero Draft. This article argues that the Zero Draft, while based on contemporary international law, represents a positive first step in the treaty-making process, but it still needs specification and clarification in order to close the gap in human rights protection effectively. First outlining the need for a closure of the gap in human rights protection, this article then closely examines the content of the Zero Draft. To that end, an in-depth analysis of the core provisions of the Draft is offered, especially focusing on the rights of victims, the prevention of human rights infringements, and corporate liability. Furthermore, this article analyzes current State practice and the expectations of the international community towards a legally binding instrument on the topic of business and human rights. Significantly, this article also compares the Zero Draft to existing soft law and previous recommendations on how to close the gap in a binding manner. Finally, the article concludes that, by indirectly holding companies accountable without depriving States of their sovereign power over their companies, the Zero Draft has the potential to be implemented as a future Treaty on Business and Human Rights.
Topic:
Globalization, Human Rights, Treaties and Agreements, and transnationalism
Political Geography:
Global Focus

38. Recognizing Natural Disasters as a Concern for Transitional Justice

Author:
Megan Bradley
Publication Date:
12-2019
Content Type:
Policy Brief
Institution:
Institute for the Study of International Development, McGill University
Abstract:
Grave and systematic human rights violations in disaster situations should be recognized as a concern for the field of transitional justice. Transitional justice mechanisms such as truth commissions, memorials, restitution and compensation programs and trials may, in some cases, make significant contributions to redressing abuses in disaster situations. Victims' perspectives and priorities should guide discussions on the relevance and application of particular transitional justice mechanisms.
Topic:
Human Rights, Natural Disasters, and Transitional Justice
Political Geography:
Global Focus

39. Implementation of Child Right to Participation under UN Convention: Myth and Reality

Author:
Haroon Rafique
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Journal of Political Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The landmark United Nations Convention on the Rights of the Child (UNCRC) introduced „unique‟ provision of the right to child participation in its Article 12. This Convention, ratified by most states including Pakistan, gives right of participation to children in making decisions on matters related to them and makes it binding for the states to implement it in letter and spirit. The state is responsible for creating enabling environment which includes creation of necessary institutions, enacting or where necessary amending laws, formulating policies and strategies, allocating sufficient budgets, making congenial environment for NGOs and public consultations. This paper argues that state in Pakistan has not been able to sufficiently develop the enabling environment to fulfill the obligations that resulted in the aftermath of ratification UNCRC.
Topic:
Government, Human Rights, United Nations, and Children
Political Geography:
Pakistan and Global Focus

40. On Solid Ground: Building Sustainable Peace and Development After Massive Human Rights Violations

Author:
The International Center for Transitional Justice
Publication Date:
06-2019
Content Type:
Working Paper
Institution:
The International Center for Transitional Justice (ICTJ)
Abstract:
This report of the Working Group on Transitional Justice and SDG16+ articulates the contributions of transitional justice to the Sustainable Development Goals (SDGs), particularly SDG 16 on peace, justice, and inclusion, but also related goals on gender and inequality. The report contends that in contexts of serious and massive human rights violations, transitional justice provides a framework for addressing the needs of victims, helping to reduce the “justice gap,” and building sustainable peace and development.
Topic:
Gender Issues, Human Rights, Inequality, Sustainable Development Goals, Transitional Justice, and Victims
Political Geography:
Global Focus