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121. Consensus for Action: Towards a More Effective EU Sanctions Policy

Author:
Tom Keatinge and Emil Dall
Publication Date:
11-2018
Content Type:
Working Paper
Institution:
Center on Global Energy Policy
Abstract:
Sanctions are a key tool of foreign policy but have taken on greater salience over the last 20 years as governments have reached for leverage in negotiations but foregone the use of force. During this period, the alignment of the design and implementation of sanctions by the European Union and the United States has, on the whole, been an article of faith as the transatlantic allies have pursued mutual foreign policy objectives. Yet despite the consistency of objectives, the bureaucratic structures, technical mechanisms, and processes by which the European Union and the United States design and implement sanctions differ significantly. These differences—always present—have been amplified by the current stresses in transatlantic relations and may be further exacerbated when the United Kingdom leaves the European Union in March 2019. The reasons behind these differences are myriad and touch upon both structural matters (such as the construction of the European Union and the manner in which its member states can enact policy) and more philosophical matters, as the focus on due process and human rights in EU sanctions policy demonstrates. But given the importance of transatlantic ties and cooperation in managing the sorts of problems that sanctions are usually developed to address, it is important for both the United States and the European Union to work through these differences. Toward that goal, this paper provides a European perspective on US sanctions activity, where there are differences in approach, in particular EU attitudes toward secondary sanctions put in place by the United States, and it explains the complications that may result from the United Kingdom’s withdrawal from the European Union. The paper concludes with recommendations for how the European Union can address the challenges it faces in achieving an effective sanctions policy. In short, it recommends the following: The European Union should work through its structural issues to create a more decisive and effective EU sanctions policy. The implementation and enforcement of sanctions at the member state level must be improved, and a formal EU-level sanctions body is needed to independently monitor compliance with sanctions across the European Union. A clear mechanism for ensuring the coordination and effectiveness of EU-UK post-Brexit sanctions policy must be established. The global centrality of both the European Union’s economy and the United Kingdom’s financial sector combine to present a powerful sanctions force and must thus be closely coordinated to ensure maximum effectiveness. The European Union should directly address the matter of human rights exemptions by incorporating it as a key consideration of the EU-level sanctions body identified in the first recommendation. The European Union should establish a clear channel for human rights exemptions throughout the lifetime of sanctions regimes. The European Union should consider its options to address the ability of non-EU actors to abuse EU-originating supply chains and financial services, which represents a considerable sanctions implementation vulnerability. Finally, though US-EU misalignment on sanctions is growing, policy makers must stay seized of the necessity to maintain and improve communications and coordination to prevent current schisms from having serious long-term effects on international security.
Topic:
Foreign Policy, Human Rights, Sanctions, European Union, and Brexit
Political Geography:
United States, United Kingdom, and Europe

122. The Hindu Rights Action Force and the Malaysian Indian Minority after the 2018 General Election in Malaysia

Author:
Arunajeet Kaur
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
Centre for Non-Traditional Security Studies (NTS)
Abstract:
The Hindu Rights Action Force (HINDRAF) came out from a series of controversial actions perceived by the Malaysian Indian community as discriminatory. The issues were topical occurrences such as the errant destruction of Hindu temples and the body-snatching cases of Tamil Hindus, thought to have been converted to Islam, as well as the state of poverty confronted by the Tamil Hindu community in Malaysia. From a protest rally in November 2007, led by mainly Malaysian Tamil lawyers, the Malaysian Indian community framed its demands in legal terms and questioned the position of not only the Malaysian Malay-Muslim majoritarian government but also the decolonising decisions of the departing British colonial authorities at the point of Independence in 1957. The 2007 event become known as the HINDRAF rally. It had an overwhelming impact internationally, in drawing attention to the plight of Malaysian Tamil Hindus. Inside Malaysia, by garnering the support of non- Malays, mainly the Chinese, to unite with the Indians, it affected the Malaysian general election in 2008, as the ruling Barisan Nasional government lost its two-thirds majority in Parliament. There was also an unprecedented number of Malaysian Indians who were elected into Parliament in 2008. However, this paper will demonstrate that by the subsequent two Malaysian general elections of 2013 and 2018, the Tamil Hindus, as represented by HINDRAF, had not achieved their goals. Enduring heavy-handed treatment by the Malaysian authorities previously and troubled by internal strife and leadership issues within HINDRAF, this movement of Tamil Hindus in Malaysia stands diluted and divided. After the 14th general election of 2018, it seems that the leadership has also accepted a compromised position. Malay-Muslim majoritarianism remains dominant and the “New Malaysia” appears less than that heralded in the early days of the new Pakatan Harapan government.
Topic:
Human Rights, Religion, Governance, Discrimination, and Decolonization
Political Geography:
Malaysia and Asia

123. Oversight and Accountability in U.S. Security Sector Assistance

Author:
Melissa Dalton and Hijab Shah
Publication Date:
02-2018
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies
Abstract:
With the range of security challenges confronting the United States in the 21st century, characterized by competition by both state and nonstate actors, the importance of working with allies and partners to address common challenges is paramount. Deeper examination of the relative effectiveness of U.S. security sector assistance and how it must nest in a broader foreign policy strategy, including good governance, human rights, and rule of law principles, is required. Improving oversight and accountability in U.S. security sector assistance with partners are at the core of ongoing security assistance reform efforts to ensure that U.S. foreign policy objectives are met and in accordance with U.S. interests and values. This report examines key areas in security sector programming and oversight where the U.S. Departments of Defense and State employ accountability mechanisms, with the goal of identifying ways to sharpen and knit together mechanisms for improving accountability and professionalism into a coherent approach for partner countries.
Topic:
Security, Foreign Policy, Defense Policy, Diplomacy, and Human Rights
Political Geography:
United States and North America

124. Reform of the Security Service in Georgia: Results and Best Practices

Author:
Lika Sajaia, Sopo Verdzeuli, Mariam Mkhatvari, Nazli Yildirim Schierkolk, Tamar Tatanashvili, and George Topouria
Publication Date:
09-2018
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
This report assesses Georgia’s progress in reforming the State Security Service. The report is the first comprehensive document that assesses the institutional and legislative environment of the State Security Service in the aftermath of its reform and also analyses data on the State Security Service’s activities. The aim of the report is to deliver a critical analysis of the institutional independence, mandate, oversight and accountability, as well as the quality of transparency, of the State Security Agency. The report identifies challenges and makes recommendations based on its findings in order to support subsequent reforms within the security sector. The report is a component of the Transparency International Georgia (TI Georgia) and Human Rights Education and Monitoring Center (EMC) project on ‘Advocacy for the Creation of the Modern System for the Security Sector’ implemented with financial support from the Open Society Foundation (OSF). The project aims to advocate for an accountable, human rights-oriented and a modern security service, carrying out its activities in compliance with international standards. DCAF contributed to the international practice chapter of this report.
Topic:
Security, Human Rights, Intelligence, Law Enforcement, Reform, and Transparency
Political Geography:
Eurasia, Caucasus, and Georgia

125. The US Withdraws From The UN Human Rights Council

Author:
Veronika Bílková
Publication Date:
07-2018
Content Type:
Working Paper
Institution:
Institute of International Relations Prague
Abstract:
In mid-June 2018, the US announced its withdrawal from the UN Human Rights Council. It sat in the Council for the third time since the establishment of the organ in 2006. This time, however, it left its three-year mandate (2017–2019) unfinished. The paper analyses the four main arguments that the US put forward to justify its withdrawal from the Council. It shows that while some of the arguments have some merit, none is truly convincing. The paper also warns against any re-assessment of the current Czech candidacy to the Council.
Topic:
Human Rights, International Law, and United Nations
Political Geography:
North America, Czech Republic, and United States of America

126. The Human Rights Movement in Morocco: The Dialectic of Influence

Author:
Mohamed Outahar
Publication Date:
07-2018
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
The relationship between the human rights movement and the state in Morocco has gone through two major stages since the movement appeared in the 1970s. The first phase (1970s–1990s) was antagonistic in the broader ferocious political conflict that lasted from independence till the 1990s. Civil and political rights were routinely violated, and members of the opposition were incarcerated in secret detention centres. The state oppressed or ignored human rights activists or tried to contain them during that stage. This came to a gradual end in the early 1990s. The ruling regime changed the way it viewed the human rights movement and human rights themselves. Political detainees benefited from an amnesty and a process of reconciliation evolved as the state opened up the dark files of repressive practices such as arbitrary arrests, torture and enforced disappearances. The second phase, which began in the mid-1990s, came after the ruling regime had created and stabilized state institutions and the modalities of governance. It was then able to begin a calculated political opening bolstered by various internal and external forces. This, however, did not change the essentially contentious nature of the relationship between the human rights movement and the state. The conflict became subtle and more refined. The state attempted to turn the dark page of human rights’ violations within a process of transitional justice. Despite harsh criticism, this process heralded in some way the end of systematic torture, forced disappearance and detentions without fair trials. The scope and spread of human rights organizations and activists expanded in the following two decades, particularly after the movement of 20 February 2011, leading to the adoption of a new constitution that explicitly acknowledged the supremacy of international treaties and human rights laws and legislation. This paper reviews the history of the state’s relationship with the whole paradigm of human rights as it relates to society and politics and with human rights defenders in particular.
Topic:
Human Rights, Torture, United Nations, Constitution, and Repression
Political Geography:
Africa, North Africa, Morocco, and Rabat

127. Tunisia: Human Rights Organizations, Political Islam and its Groups

Author:
Mohamed Sahbi Khalfaoui
Publication Date:
09-2018
Content Type:
Research Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
How can we understand the relation of political Islam in Tunisia with the human rights system in its indivisibility and universality? Since the establishment of the Tunisian Islamic Movement in the early seventies, it has worked extensively to articulate public positions addressing issues of human rights and freedoms. This relationship sprang from a dual position which juxtaposed full hostility to personal freedoms such as sexual rights and a relatively positive interaction with public freedoms. Then came the deliberations and process of ratification of the 2014 Constitution which was special in its emphasis on equality between women and men, freedom of belief, and criminalization of accusation of blasphemy. The repression of Islamists in Tunisia in the 1980s and 1990s was the most important factor that defined their position, views, and engagement with human rights principles. After the fall of former Tunisian President Zine El Abedine Ben Ali in 2011, the return of the Islamist Ennahda (Renaissance) Movement to public activity was one of the most important features of the new political phase in the country. The Tunisian society was split between supporters and opponents of such a development. With the return of Ennahda and the emergence of other Islamist groups, especially the Salafis, the debate resumed over the position of Islamists towards human rights. While they attempted to include Islamic law (Sharia) as the main source of legislation in the constitution, Islamists continued to declare their belief in human rights principles. Some analysts were optimistic concerning a transformation in the Islamist ideology, while others insisted that Islamists were duplicitous, waiting until they are empowered enough to impose their project, which is inherently hostile to human rights. This paper is an attempt to review the Islamists’ positions on human rights and how they changed over time.
Topic:
Human Rights, Islam, Constitution, and Islamism
Political Geography:
Africa, North Africa, Tunisia, Mediterranean, and Tunis

128. Islamists and Rights Activists in Egypt: The Potential for Convergence

Author:
Heba Raoul Ezzat
Publication Date:
10-2018
Content Type:
Research Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Animosity has been the keyword in the relationship between Islamists and rights advocates for most of the past few years in Egypt. Islamists turned a blind eye to many crimes committed by the regime and its security agencies between 25 January 2011 and mid-2013. On the other hand, some rights advocates took part in mobilizing and supporting the opposition movement that led to the June 2013 demonstrations and the military seizing power. However, the killings, executions, and other egregious rights violations, then the direct confrontation between the regime and rights groups culminating in a more restrictive NGO law, led rights defenders to take a firmer position, by condemning the regime, and monitoring and documenting its violations. More Islamists are expected to see an opportunity in resorting to human rights advocacy. As such, this would mean accepting more cooperation, especially in terms of monitoring and documentation through various initiatives and institutions established after 2013. Led by a new generation of actors, will this cooperation be free from ideological conflicts? The paper seeks to review, in broad brushstrokes, the contours and important turning points of the relationship between the two groups of actors and outline a possible future trajectory.
Topic:
Human Rights, International Cooperation, Islam, NGOs, and Repression
Political Geography:
Africa, United Nations, North Africa, Egypt, and Mediterranean

129. Islamists and Human Rights in Morocco

Author:
Mohamed Wazif
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
The spectacular political rise of Islamist forces in several Arab countries over the past few years was one of the outcomes of the Arab spring, which included a massive protest movement in Morocco in 2011. This rise, accompanied by several radical and extremist manifestations, raised concerns among civil and political actors about power-sharing and the future of democracy and human rights at this pivotal stage in the history of a people who had recently come to reject many forms of tyranny and oppression. A history of confrontations between Islamists and human rights activists intensified these concerns. This paper examines the relationship between Morocco’s Islamists and the human rights movement through the most prominent historical milestones and controversies. It illustrates the dynamics and evolution of how Islamists operated within the human rights discourse from positions within government or in civil society organizations.
Topic:
Human Rights, Social Movement, Democracy, and Arab Spring
Political Geography:
Middle East, North Africa, Morocco, and Rabat

130. Understanding Myanmar: History and Current Perspectives: A Conversation with Derek Mitchell

Author:
Derek Mitchell and Maia Brown-Jackson
Publication Date:
07-2018
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Derek Mitchell is senior advisor to the Asia Program at the U.S. Institute of Peace. Ambassador Mitchell was confirmed by the U.S. Senate on June 29, 2012, as the first U.S. ambassador to the Republic of the Union of Myanmar in 22 years. He took up his post in July 2012, and departed March 2016. Ambassador Mitchell has authored numerous books, articles, and opinion pieces on Asian security affairs. He received an M.A. in Law and Diplomacy from the Fletcher School at Tufts University and a B.A. from the University of Virginia.
Topic:
Security, Human Rights, Ethnicity, and Conflict
Political Geography:
Southeast Asia and Myanmar