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31. The Rollback of Human Rights and the Rule of Law in Hong Kong

Author:
Michael C. Davis
Publication Date:
02-2021
Content Type:
Policy Brief
Institution:
The Jamestown Foundation
Abstract:
After the Hong Kong protest movement exploded in 2019, the world looked on with both hope and trepidation. Protestors made five demands: that a proposed extradition law be withdrawn; that there be an independent investigation of police behavior; that the protests stop being characterized as riots; that any charges against arrested protesters be dropped and that promised universal suffrage be implemented (HKPF, December 25, 2019). After months of protest, Hong Kong Chief Executive Carrie Lam publicly withdrew the extradition bill, fulfilling the first of the protestors’ demands (SCMP, September 4, 2019). But this temporary victory was too little too late and overshadowed by the ongoing and often violent crackdown on the protesters, and then in 2020, with Beijing’s imposition of the new National Security Law (NSL) (China Brief, July 29, 2020).
Topic:
Human Rights, Law, Rule of Law, Protests, and Repression
Political Geography:
China, Asia, and Hong Kong

32. State Capture in Mexico: A Theoretical and Historical Review

Author:
Gerardo Rodríguez Sánchez Lara
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The purpose of this article is to review the works of several academics specialized in the matter of security, which the authors will use as an analytical setting and revision their outcomes to define and understand the concept of state capture. Once the concept of state capture is defined, then the case of Mexico will be analysed. This article intends to discuss several indicators regarding state capture such as the rule of law, how political violence has also influenced the issues of corruption, impunity, and mentions how money laundering prevention serves as a tool for tackling corruption. In order to grasp an understanding what state capture is, we must first develop conceptualizations of corruption, impunity and its classifications, the rule of law, and the state apparatus. This article intends to analyse the implications that all of the above might have with regards to a state captured democracy, from an academic approach.
Topic:
Rule of Law, Financial Crimes, Impunity, Organized Crime, and State Capture
Political Geography:
Mexico

33. Rule-Bending Debates in Recent Finnish EU Policy: Pacta Sunt Servanda?

Author:
Saila Heinikoski
Publication Date:
02-2021
Content Type:
Policy Brief
Institution:
Finnish Institute of International Affairs (FIIA)
Abstract:
The Finnish EU policy line has traditionally been adaptable and compromise-seeking, but recent examples related to the rule-bending of EU law reveal some new tendencies. Finland has stood out from the European mainstream in several cases that relate to the rule-bending of EU law in three different ways: rule-bending by others, collective rule-bending, and its own rule-bending. First, intervening in rule-bending by others has found support in Finnish EU policy. Finland prioritized the rule of law in its 2019 Council presidency, as well as in the Government Report on EU policy published on 28 January 2021. Second, alleged collective rule-bending seems to be linked to the threat of federalism. In negotiations on the recovery and resilience facility in 2020, there was a wide domestic debate on whether the result was consistent with the traditional interpretation of EU treaties. Third, Finland’s own rule-bending of the Schengen Border Code’s six-month limit for internal border controls during the Covid-19 crisis seems to have been quietly accepted, with the Interior Minister acknowledging the existence of an “illegal state of affairs”.
Topic:
Regional Cooperation, Treaties and Agreements, European Union, Rule of Law, Regionalism, and Federalism
Political Geography:
Europe and Finland

34. The EU-Turkey Visa Liberalization Saga: Lessons from the European Neighborhood

Author:
Ioannis N. Grigoriadis and Ayşe Tuba Uslu
Publication Date:
06-2021
Content Type:
Working Paper
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
This policy paper co-authored by Ioannis Grigoriadis, Senior Research Fellow of ELIAMEP and Head of its Turkey Programme, and Ayşe Tuba Uslu, Senior at the Department of International Relations of Bilkent University, lays out the main challenges for the successful conclusion of the Visa Liberalization Dialogue (VLD) between the European Union and Turkey. It examines the impact of democratic backsliding, the decline of the rule of law, fundamental rights and divergence in the legal framework regarding organized crime and anti-terrorism on the VLD and highlights the mistrust that has developed between the parties. Through a comparison between Ukrainian, Georgian, Moldovan and Turkish VLDs, it aims to highlight how the VLD could come to a successful conclusion.
Topic:
Human Rights, Migration, Rule of Law, Visa, and Liberalization
Political Geography:
Europe, Turkey, Ukraine, Moldova, Middle East, Georgia, and Mediterranean

35. Public Administration in the era of Covid-19: Policy Responses and Reforms underway

Author:
Manto Lampropoulou
Publication Date:
06-2021
Content Type:
Working Paper
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
Covid-19 has caused an unprecedented shock to the state apparatus and has triggered major reforms in the administrative system of Greece. Policy responses to the pandemic have brought about several positive changes towards the modernization and de-bureaucratization of public administration. However, the pace and scale of change vary significantly. The pandemic has acted as a strong driver for the digital transformation of the public sector and the strengthening of e-government policies. Numerous administrative procedures were streamlined, digitalized and simplified, working conditions have become more flexible and several improvements have taken place in service delivery and state-citizen relations. The observed centralisation of decision-making and the often use of fast-track procedures have raised questions of democratic control, transparency and the rule of law, while the emergency measureshave been criticized for the threats they pose for the protection of citizens’ rights, individual liberties and personal data. A key challenge remains the integration the emergency measures of the covid-19 policy agenda into a longer-term programme of administrative reform in the post-covid era.
Topic:
Reform, Democracy, Rule of Law, Public Policy, Transparency, COVID-19, and Digital Policy
Political Geography:
Europe and Greece

36. Non-Consensual Intimate Image Distribution: The Legal Landscape in Kenya, Chile and South Africa

Author:
Michelle Bordachar, Nonhlanhla Chanza, Kailee Hilt, Carlos Lara, Emma Monteiro, and Grace Mutung'u
Publication Date:
06-2021
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation (CIGI)
Abstract:
The non-consensual distribution of intimate images, colloquially referred to as “revenge pornography” or “image-based sexual abuse,” is an unforgiving reality that continues to plague the lives of many within the current digital landscape. It alludes to the non-consensual distribution of photos or videos depicting nudity, partial nudity or sexually explicit acts. This paper provides an overview of the state of the law, both existing and proposed, in three countries in the Global South — Kenya, Chile and South Africa — as it relates to the non-consensual distribution of intimate images. It was prepared under the overall coordination of CIGI’s Kailee Hilt and Emma Monteiro, who also wrote the introduction and conclusion. The three case studies were written by leading experts from Kenya, Chile and South Africa. The authors discuss current and proposed legislation in response to non-consensual intimate image distribution, while also sharing recommendations for further action to address this growing form of gender-based violence within the digital sphere. On June 24, 2021, CIGI held a panel discussion on this topic moderated by Ruhiya Seward, senior program officer at the International Development Research Centre. Grace Mutung’u, Michelle Bordachar and Nonhlanhla Chanza, experts who contributed the case studies in the paper, spoke about this issue as it pertains to Kenya, Chile and South Africa, respectively, and offered recommendations and road maps for further action within the existing landscape.
Topic:
Rule of Law, Sexual Violence, Judiciary, Digital Culture, and Digitization
Political Geography:
Kenya, Africa, South Africa, South America, and Chile

37. Paraguay's Compliance With The Inter-American Human Rights System

Author:
Aníbal Pérez-Liñán, Madeline Soiney, and Andrés Hernández
Publication Date:
12-2021
Content Type:
Working Paper
Institution:
Kellogg Institute for International Studies
Abstract:
Why do new democracies comply with international human rights obligations? We analyze Paraguay’s compliance with all reparation measures requested by the Inter-American Human Rights System over the past two decades. In contrast to most studies, which focus on reparation measures ordered by a single organ in the system, our study covers all orders resulting from friendly settlements, reports published by the Inter-American Commission on Human Rights, and rulings by the Inter-American Court of Human Rights. We provide a novel classification of human rights cases, and evaluate three competing explanations for compliance: legal factors, international pressures, and domestic political will. Our analysis of 1,426 reparation-years underscores the importance of changes in political will over time.
Topic:
Human Rights, Democracy, Rule of Law, and Institutions
Political Geography:
Latin America, Paraguay, and Global Focus

38. Gender-responsive Budgeting in Tanzania

Author:
Bertha O. Koda and Lilian V Mtasingwa
Publication Date:
12-2021
Content Type:
Research Paper
Institution:
Oxfam Publishing
Abstract:
The Constitution and laws of the United Republic of Tanzania require the use of gender-responsive budgeting (GRB) to promote gender-balanced and integrated national economic plans. It is at the village level where community budget needs are identified, though women’s needs are often marginalized. Although women are best at articulating their needs, their voices are seldom raised owing to limited representation. Government budgets typically sideline the needs of small-scale female farmers for access to land, markets, credit, and extension services, especially compared with male farmers. Instead, budgets designed to address general farmers’ needs, such as markets and loans for inputs and storage for surplus harvests, are directed primarily to farmers who grow strategic crops, who are mainly men. Tanzania provides for a separate budget facility for women and youth, and although most interviewees from the grassroots and the government consider this as evidence of a gender budget, it reflects a limited knowledge of GRB. Some projects supported by nongovernmental organizations and civil society organizations reflect women’s and men’s diverse needs, a feature that government budgeting should emulate. Communities need to be empowered to challenge constraints to their participation in decision making on budgets related to their priority needs. Citizens must be involved in all phases of the budget process and cycle. Government officials and institutions must be provided with adequate GRB knowledge and skills so they can use available democratic systems and structures to empower communities to engage in GRB.
Topic:
Governance, Rule of Law, Diversity, and Gender
Political Geography:
Africa and Tanzania

39. War on Terrorism and its Impacts on Pakistan's Security

Author:
Huma Bilal, Azkaa Khan, and Mian Muhammad Azhar
Publication Date:
07-2021
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
This article moves around the security of Pakistan and examined the incident of 9/11 and counter-terrorism strategies of civil-military during the war on terror. This study tells us that big attacks increase terrorism. After 9/11 some countries actively supported America in the war against terrorism and faced its negative consequences. Terrorism is a serious issue in the world. Many countries have taken serious actions against this evil. Pakistan faces many security challenges in the war against terrorism. This article is based on qualitative research techniques and secondary data. The massive lesson here is that the decision-making process should not be one-sided otherwise it leads to serious consequences. Pakistan experienced the worst issues in the portfolio of security. This requires a serious action plan on border security. Establish the writ of the state and secure the people from all internal and external threats. Resolve the conflicts between hostile factors peacefully without compromising on rule of law.
Topic:
Security, Terrorism, Taliban, Al Qaeda, and Rule of Law
Political Geography:
Pakistan and South Asia

40. Zuma Goes to Jail: Implications for Rule of Law, Democracy, and Governance in South Africa

Author:
Peter SAKWE MASUMBE
Publication Date:
12-2021
Content Type:
Working Paper
Institution:
The Nkafu Policy Institute
Abstract:
There is a great silver lining in the quest for popular confidence in applying the rule of law, democracy, and governance processes in Africa’s politico-economic and socio-cultural landscapes, despite several setbacks occurring in several African countries today. In South Africa, the Constitutional Court recently found former president Zuma guilty of contempt of court and landed him a 15-month prison sentence, which is irrefutably a historic judgment in the annals of African politics. This judgment is loaded with several lawful and legitimate inferences for the continent’s democracies, rules of law, governances, and leadership. But can this judgment deter other African political leaders and apparent heavyweights in the governing processes from impunity? No matter the answer to this question, this judgment serves to remind Africans that human development in terms of applying democratic principles in the continent is gaining ground through the judiciary. Therefore, the African Union, with its Malabo’s Protocol and its envisaged creation of an African Court of Justice, reminiscence of the International Court of Justice, should re-examine itself, especially in the Protocol’s clause, which provides immunity to serving or former heads of state. This historical judgment pronounced by Acting Chief Justice Sisi Khampepe, signifies, in his words, “…A mission to share knowledge, rules of governance and democracy, in a lofty and lonely work of the judiciary, as an independent arm of government, impervious to public commentaries, and political rhetoric, to uphold and apply the Constitution and the law, no matter whose guts it is.” Ostensibly, in Africa, hardly has a court lower or higher, passed a safeguarding sentence, still less on a former president – civilian or military; whose governance was serenely investigated and found wanting. Necessarily, this judgment is unique, which an African court had to make, as deterrence to other African leaders.
Topic:
Civil Society, Democracy, Rule of Law, and Illegal Behavior
Political Geography:
Africa and South Africa