Volume 1 No 2

Permanent URI for this collection

https://reponew.gchumanrights.org/handle/20.500.11825/419

Articles

Socio-economic development and resource redistribution as tools for conflict prevention and post-conflict peace building in fragile societies: A comparative analysis of Burundi and Rwanda
by Nicholas W Orago

Human rights violations in the ChevronTexaco case, Ecuador: Cultural genocide?
by Anna B Suman

Intractable conflicts in Africa: The international response to the Darfur and South Sudan crises
by Rodger Owiso, Elsabé Boshoff, Adiam Z Tsighe and Tapiwa M Mamhare

Special focus: Securisation

Editorial of special focus: Securitisation and its impact on human rights and human security
by Ana Krasteva

Introduction to Global Classroom on Securitisation
by Manfred Nowak

State security, securitisation and human security in Africa: The tensions, contradictions and hopes for reconciliation
by Kwadwo Appiagyei-Atua, Tresor M Muhindo, Iruebafa Oyakhirome, Estella K Kabachwezi and Stephen Buabeng-Baidoo

The ‘mantra of stability’ versus human security in the post-Soviet space
by Sos Avetisyan, Vahan Abrahamyan, Marianna Chobanyan, Kostantyn Lyabuk and Walanga Nabi

Securitisation versus citizenship in the Balkan states: Populist and authoritarian misuses of security threats and civic responses
by Anna Krasteva and Nebojša Vladisavljević

From sleepwalking into surveillance societies to drifting into permanent securitisation: Mass surveillance, security and human rights in Europe
by Wiebke Lamer

The impact of securitisation on marginalised groups in the Asia Pacific: Humanising the threats to security in cases from the Philippines, Indonesia and China
by Eunha Kim, Jean Dinco, Louise Suamen, Mike Hayes and Tilman Papsch

Securitisation in the Arab region: A new form of kinship relations?
by Francisco Astudillo, Razane Boustany, Henriette Gentil, Mudar Kassis and Nora Taha

Securitisation and its impact on human rights in Latin America
by Diego Lopez

Recent Regional Developments

Selected regional developments in human rights and democratisation during 2016: Rights amid turmoil in the Arab region
by Ahmed Abdou, Fatima Barghouthi, Juan Bautista Cartes Rodrigues, Cedric d’Hondt, Jasmin Lilian Diab, Maria Teresia Di Lenna, Amr Dukmak, Lyn Eid, Joanna El Chakar, Khadiga Embaby, Maria Geagea, Ayla Ghaziri, Serina Hammond, Reham Jambi, Louise Lagarde, Angela L Timmermans, Elena Manfellotto, Giulia Pepoli, Lorena Sanchez Borland, Augustin Sauvadet and Ammar Younas

Selected developments in human rights and democratisation during 2016: Sub-Saharan Africa
by Michael G Nyarko

Selected regional developments in human rights and democratisation during 2016: Referendums on the rise in Europe: Powerful tool of the populists or a step towards increased citizen participation in EU politics?
by Chiara Altafin and Wiebke Lamer

Selected regional developments in human rights and democratisation in the Asia Pacific during 2016: Been ‘down’ so long, it looks like ‘up’ from here
by Mike Hayes

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Editorial

(Global Campus, 2017-12) Viljoen, Frans ; Mullen, Matthew ; Krasteva, Anna

This is the second issue of the first volume of the Global Campus Human Rights Journal. It consists of three parts: a part containing articles of a general nature; a part consisting of articles all centred around a special focus; and a part discussing recent developments in human rights and democratisation in various regions of the world.
Global Campus Human Rights Journal, Volume 1 No 2

(Global Campus, 2017-12) Guest editor for special focus: Anna Krasteva New Bulgarian University

Global Campus Human Rights Journal (Human Rights Journal) is a peer-reviewed scholarly journal, published under the auspices of the Global Campus of Human Rights as an open-access on-line journal.
Human rights violations in the ChevronTexaco case, Ecuador: Cultural genocide?

(Global Campus, 2017-12) Berti Suman, Anna

This article discusses the Chevron contamination case in Ecuador with the aim of illustrating the scope of the human rights violations suffered by the affected indigenous communities. The contribution is inserted into a broader debate on the need for business to respect human rights, in a society where profit seems to be corporations’ only concern. The facts of the case and the damage to the indigenous peoples’ rights and culture are presented. The legal developments of the case are illustrated, with the focus falling on Chevron’s delaying strategy before the judicial system. The risk of new forms of colonisation hidden in cases like the Chevron Ecuador case is highlighted. When threats resembling colonisation are posed to the rights, culture and dignity of the local inhabitants, ex post reparations seem inadequate. However, participatory processes of defining the remediation together with the affected communities may restore some of the values lost. The analysis of the facts leads to the assertion that the Chevron Ecuador case could be regarded as cultural genocide and even as a crime against humanity. The supposed reasons that induced the multinational to intentionally ‘destroy’ the local culture are outlined. Numerous international treaties to which Ecuador is a party support this statement. Moreover, it is suggested that the case should be considered not only from the perspective of the Inter-American system, but also from the European Union’s normative framework. EU action on behalf of the Ecuadorian affected people is presented as advisable and recommendations on possible forms of this action are highlighted. Key words: environmental crime; indigenous rights; human rights violations; oil exploitation; cultural genocide; United Nations system; European Union system
Intractable conflicts in Africa: The international response to the Darfur and South Sudan crises

(Global Campus, 2017-12) Owiso, Roger ; Boshoff, Elsabé ; Mamhare, Tapiwa Matemai ; Tsighe, Adiam Zemenfes

This article considers the intractable conflicts and human rights situations in Darfur, Sudan and South Sudan, respectively, against the international responses they elicited. Intractable conflicts are conflicts that have lasted for a long time with resistance to settlement despite various attempts at intervention and conciliation. These conflicts from neighbouring nations have both elicited extensive engagement from the international and regional communities but, while some clarity regarding the direction to be taken has been achieved in the case of South Sudan, the situation in Darfur remains dire. The article analyses the difference in the peace-building approaches in the two conflicts and how these approaches have contributed to the different outcomes in Darfur and South Sudan. Following an exposition of intractability in the introduction, the second section applies the factors identified to the case of Darfur, confirming that this indeed is an intractable situation. It then considers the international response to the conflict in Darfur and the mechanisms employed by the global and the regional community in an attempt to address this conflict. The third section considers the situation in South Sudan and the international response, noting that efforts were led by the regional and subregional bodies, with the UN’s role being to complement these efforts. The methodology employed is a comparative analysis, in which the international and regional legal and institutional responses to the crisis in South Sudan are analysed with a view to identifying the lessons to be applied in addressing the situation in Darfur, utilising theoretical and functional approaches to legal and political interventions. The final section draws from the insights gained in comparing the international response in Darfur and South Sudan, and concludes by attempting to extract general principles about intractability and the effectiveness of international responses to situations considered to be intractable, noting in particular the importance of regional and sub-regional bodies taking the lead in efforts to resolve intractable conflicts. Key words: conflict; intractability; human rights; South Sudan; Darfur
Socio-economic development and resource redistribution as tools for conflict prevention and post-conflict peace building in fragile societies: A comparative analysis of Burundi and Rwanda

(Global Campus, 2017-12) Orago, Nicholas Wasonga

Sub-Saharan Africa has experienced a myriad of conflicts since the end of the Cold War. Many of these conflicts have lasted for long periods, leading to massive violations of human rights and creating general human suffering. The transitional justice processes that have been employed to resolve these intractable conflicts have mainly concentrated on political deal making and support to political-legal structures. Scant emphasis has been placed on the resolution of structural causes and factors contributing to these conflicts, such as poverty, inequality and socio-economic marginalisation. The failure to put in place post-conflict socio-economic development and resource redistribution policies in the context of peace building and conflict resolution processes has led to fragile post-conflict societies vulnerable to the recurrence of conflict. Using Rwanda and Burundi as case studies, this article argues that post-conflict transitional justice processes must implement effective socio-economic development and resource redistribution policies as a critical component of a comprehensive strategy aimed at dealing with all the root causes and factors contributing to intractable conflicts. This will ensure just, stable and peaceful post-conflict societies. Key words: intractable conflicts; transitional justice; human needs theory; socio-economic development; resource redistribution
State security, securitisation and human security in Africa: The tensions, contradictions and hopes for reconciliation

(Global Campus, 2017-12) Appiagyei-Atua, Kwadwo ; Muhindo, Tresor Makunya ; Oyakhirome, Iruebafa ; Kabachwezi, Estella Kansiime ; Buabeng-Baidoo, Stephen

External actors have predominantly driven the securitisation agenda in Africa with the architecture traceable to Africa’s immediate post-independence past. This article theorises about a double-faced securitisation process in Africa – ‘securitisation from outside’ influencing ‘securitisation within’. The theoretical framework is used to identify three phases of securitisation in Africa. The first phase started during the Cold War era when Africa was inserted into the Cold War politics to fight proxy wars for either the west or the east. As a result, the big powers overlooked human rights and democratic concerns on the continent and focused on promoting their security interests by propping dictatorial and predatory regimes to do their bidding. The second phase connects with the fall of the Berlin Wall, which brought hope of ending the securitised environment in Africa with its attendant expansion of the political space for civil society and political party activism to flourish. This development resulted in the emergence of the African Union to replace the Organisation of African Unity and to introduce principles that shifted from a state-centred to a human-centred security focus. However, the human security project could not work due to tensions with the securitisation of the development agenda being promoted by the donor community. The third phase is the declaration of the ‘War on Terror’ which has moved the focus toward a ‘risk/fear/threat’ project. In response, most African leaders have adeptly exploited this new environment to their advantage by shrinking the political space and criminalising dissent. The securitized environment has done little to solve many of Africa's development problems. Rather, we see the rollback of advances made with regard to human rights, democracy and respect for the rule of law. The theoretical framework is also employed to do a case study of securitisation in three African countries – Uganda, Nigeria and the Democratic Republic of the Congo. Key words: securitisation; security; human rights; human security; sovereignty
The ‘mantra of stability’ versus human security in the post-Soviet space

(Global Campus, 2017-12) Avetisyan, Sos ; Abrahamyan, Vahan ; Chobanyan, Marianna ; Lyabuk, Kostantyn ; Nabi, Walaga

This article provides an understanding of current human security challenges in the post-Soviet space. Cognisant that such studies are rare, we hope to provide a stepping stone for further theoretical and empirical research. Drawing on comparative case studies of Armenia, Belarus, Ukraine and Kyrgyzstan, the article argues that while securitisation techniques deployed by authoritarian and/or semi-authoritarian regimes vary in scope, degree and targeting, they share two important commonalities with the overarching aim of ensuring regime endurance. First, the exogenous threats, whether real and/or willfully constructed by the ruling regimes, provide a convenient context in the Balzaquian sense to construct effective securitisation acts. Closely related to the first point, the external environment and internal deliberation by ruling elites fuel a specific narrative-constructing strategy of illiberal state-building ideology, which normalises anti-human rights policies in the specific countries. Concurrently, we problematise the traditionalist approach and treat the ‘audience’ as a monolithic and passive entity. Making use of Bourbeau and Vuori's work on resilience, we demonstrate that securitisation is not a straightforward bottom-up process, but also is filtered through societal resistance. Key words: human security; securitisation; democratisation; illiberal statebuilding
Securitisation versus citizenship in the Balkan states: Populist and authoritarian misuses of security threats and civic responses

(Global Campus, 2017-12) Krasteva, Anna ; Vladisavljević, Nebojša

The objective of this article is threefold: to identify the main security threats in the post-conflict and (post)-crisis Balkans; to analyse the emergence and strengthening of authoritarian and far-right tendencies as both a response and catalyst to securitarian policies and politics, as well as their variation across the region; and to examine the capacity of civil society to produce alternative discourses and mobilise resistance through various forms of civic activism and popular protest. The analysis is structured in three parts. The first part introduces three country cases – Bulgaria (mainstreaming of populist securitisation); Macedonia (ethnic securitisation in a deeply-divided society); and Serbia (democratic backsliding and populist authoritarianism). The three case studies reveal an important variation in the dynamics and outcomes of a broader populist and authoritarian trend that swept across the region. The three countries illustrate various types of civic resistance and contestatory citizenship. The two other parts are comparative: They enlarge the countries’ coverage and identify major regional trends from two perspectives: populist and authoritarian misuses of security threats and authoritarian trends; and emergence and diversification of forms of citizenship as expression of civic resilience. Nationalist, populist and authoritarian politics have moved from the periphery of the political scene to the mainstream. The trend takes a paradoxical form: on the one hand, a promotion of the EU agenda and regional co-operation; on the other hand, securitisation, construction of political opponents, ethnic, religious and cultural Others, and civic activists as threats to national security and national identity. The civic resistance and human rights responses to populist authoritarianism and mainstreamed securitisation are analysed through the theoretical lenses of citizenship. It expresses the transition from the engineering project of building civil society in post-communist countries to the emergence of new forms of civic agency. Three types of citizenship are studied comparatively – green, contestatory, and solidary. Key words: securitisation; authoritarianism; populism; citizenship; civic mobilisations; Bulgaria; Macedonia; Serbia; the Balkans; South-Eastern Europe
From sleepwalking into surveillance societies to drifting into permanent securitisation: Mass surveillance, security and human rights in Europe

(Global Campus, 2017-12) Lamer, Wiebke

The migration crisis, terroristic acts on EU soil and other so-called generators of risks have been accompanied by an increasing trend towards securitisation in many European countries. After decades during which traditional national security threats only indirectly affected most member states of the EU, many European governments have now turned towards policies that prioritise the safeguarding of national security at the expense of human rights and civil liberties. In countries that have been directly affected by Islamic terrorism, such as France and Belgium, extreme anti-terrorism legislation has been implemented and civil liberties have been curtailed. The threat of terrorism and the migration crisis has been accompanied by a legitimisation for the increased use of government surveillance measures for border control and counterterrorism actions. The article examines the linkages between securitisation and surveillance in the European context, and studies the consequences of the increasing trend of government surveillance on human rights. The article argues that looking at the implementation of mass surveillance measures in Europe illustrates that the continent is drifting into a permanent state of securitisation that threatens not only certain human rights, but the very foundation of democratic societies by permanently altering statesociety relations. It also discusses possible ways to counter these worrying trends. Key words: securitisation; mass surveillance; Europe; human rights; democracy
Editorial of special focus: Securitisation and its impact on human rights and human security

(Global Campus, 2017-12) Krasteva, Anna
Introduction to Global Classroom on Securitisation

(Global Campus, 2017-12) Nowak, Manfred

The Global Classroom on ‘Securitisation and the Impact on Human Rights and Democracy: Human Security in a Time of Insecurity’, organised by the Institute for Human Rights and Peace Studies at Mahidol University in Bangkok from 22 to 26 May 2017 as an activity of the Global Campus of Human Rights, brought together professors, experts and students from seven Master’s Programmes in Human Rights and Democracy from all world regions with the aim of analysing and discussing the phenomenon of securitisation from a global and different regional perspectives
Securitisation in the Arab region: A new form of kinship relations?

(Global Campus, 2017-12) Astudillo, Francisco ; Boustani, Razane ; Gentil, Henriette ; Kassis, Moudar ; Taha, Nora

This article examines the repercussions of the process of securitization in the Arab region, focusing on its impact on the ‘everyday’. It demonstrates how this process negatively impacted on human rights and infringed on freedoms, failing to serve national security and human security. The logic the article follows is based on an assumption that securitisation is organically connected to neoliberal transformations, which tend to deform the role of the state in protecting its citizens, and the autonomy of individuals by obliging them with new duties, and conditioning their lives upon a sophisticated regulatory system under various pretexts, not the least of which is security. This conditioning poses a threat to the nature of the everyday, which is the ultimate goal of all political organisations, and is perceived to need protection, as the everyday is the scene where the principles of equality of humans and their dignity are realised. Key words: securitisation; Arab region; ‘everyday’; national security; human security
Securitisation and its impact on human rights in Latin America

(Global Campus, 2017-12) Lopez, Diego

In Latin America, securitisation policies and their rhetoric have been part of historic challenges to the rule of law and are very much a part of current challenges in a new security agenda designed to combat complex crimes, such as terrorism, money laundering, drug trafficking, human trafficking, and common crimes affecting citizen security. These policies are also manipulated in order to disable dissent and weaken the right to accountability. Securitisation is at the heart of the current interventionist tactics, and their impact on the respect for human rights. Securitisation links public security to a discourse of war, and builds on a friend/enemy dichotomy. In the collective imagination, the perception of fear connects with and feeds back into the discursive and practical instrumentation of securitisation and the threats to (physical or moral) integrity that it seeks to confront. These issues are explored mainly by reference to the invocation of the National Security Doctrine during the dictatorships of the 1970s and 1980s in Latin America, and through the criminalisation of human rights defenders in the more recent democratic era. Initiatives based on the human security paradigm are also considered, in light of their desired contribution to a possible desecuritisation strategy. Key words: securitisation; Latin America; National Security Doctrine; criminalisation of human rights defenders
Selected regional developments in human rights and democratisation during 2016: Referendums on the rise in Europe: Powerful tool of the populists or a step towards increased citizen participation in EU politics?

(Global Campus, 2017-12) Altafin, Chiara ; Lamer, Wiebke

This article provides an overview of different types of national referendums held in 2016 in European Union member states ranging from The Netherlands, the United Kingdom, Hungary and Italy, and discusses key political and legal issues arising from these referendums. It also examines the increased occurrence of referendums in the context of wider trends in Europe, such as the rise of populist parties and scepticism towards the EU. It finds that referendums were used as a protest vote, and are becoming more and more exploited as tools by Eurosceptic parties. The article further discusses the advantages and disadvantages of referendums in relation to concerns such as the democratic deficit in the EU and the increased anxiety of member states and their citizens over losing sovereignty to Brussels. There is a risk that referendums on EU-related matters in some cases can do more harm than good for democracy in Europe. Therefore, it is important to also strengthen and promote representative democracy. Key words: European Union; democracy; referendums; populism; Dutch Ukraine-EU Association Agreement referendum; Brexit; Hungarian referendum; Italian constitutional referendum
Selected regional developments in human rights and democratisation in the Asia Pacific during 2016: Been ‘down’ so long, it looks like ‘up’ from here

(Global Campus, 2017-12) Hayes, Mike

This report card of protecting human rights and advancing democracy in the Asia Pacific during the year 2016 is mixed. On the one hand, the year will be remembered for the brutal actions in the Philippines war on drugs and the mass expulsion of the Rohingya. These severe events all occurred in democratic countries with strong popular support, demonstrating how democracy is manipulated to take away the rights of some groups. The fabricated security threats are used to solidify a political base and win elections. On the other hand, there were also other landmarks in 2016, such as 11 ratifications of human rights treaties across the region, and successful court cases. In the coming years, human rights defenders may see these developments as a turning point. Treaty ratification and the activities of the UN special procedures are positive signs for human rights protection, although actual implementation is critical. States have embraced instruments with which they are comfortable, but on other matters, such as political rights and freedom of expression, they remain more reluctant. In the context of these significant threats to human rights, there is disappointment that regional mechanisms (in particular, ASEAN, SAARC and PIF) did little, and it was left to the UN to monitor and coax Asia Pacific states to act in protecting rights. Key words: Duterte’s war on drugs; expulsion of Rohingya, rise of religious extremism; ratification of human rights treaties; ASEAN; SAARC; PIF
The impact of securitisation on marginalised groups in the Asia Pacific: Humanising the threats to security in cases from the Philippines, Indonesia and China

(Global Campus, 2017-12) Kim, Eunha ; Dinco, Jean ; Suamen, Louise ; Hayes, Mike ; Papsch, Tilman

Securitisation has a disproportionate impact on marginalised groups. This article examines the impact of securitisation on four groups of people: the poor and children in Duterte’s ‘war on drugs’ in the Philippines; female North Korean refugees in China; and the LGBTI community in Indonesia. The article argues that the term ‘security threats,’ as used by Buzan, does not adequately describe the consequences of securitisation. The term ‘human threats’ is more suitable as it demonstrates that state securitisation impacts humans and their rights, and that the existential threats have real-life consequences. This is demonstrated in the case studies. First, the war on drugs in the Philippines has been killing the poor and detaining children rather than eliminating drugs. The securitisation of China’s border with North Korea results in many women becoming victims of trafficking, forced marriage and other forms of genderbased violence. Religious groups consider LGBTI communities a threat to national security and, as a result, their personal security and access to government services (such as education) is threatened. Key words: securitisation; war on drugs; age of criminal responsibility; North Korean refugees; LGBTI rights in Indonesia
Selected regional developments in human rights and democratisation during 2016: Rights amid turmoil in the Arab region

(Global Campus, 2017-12) Abdou, Ahmed ; Barghouthi, Fatima ; Cartes Rodríguez, Juan Bautista ; d'Hondt, Cedric ; Diab, Jasmin Lilian ; Di Lenna, Maria Teresa ; Dukmak, Amr ; Eid, Lyn ; El Chakar, Joanna ; Embaby, Khadija ; Geagea, Maria ; Ghaziri, Ayla ; Hammond, Serina ; Jambi, Reham ; Lagarde, Louise ; Timmermans, Angela L. ; Manfellotto, Elena ; Pepoli, Giulia ; Sanchez Borland, Lorena ; Sauvadet, Augustin ; Younas, Ammar

In the Arab world, covering the Mashriq, the Arabian Peninsula and North Africa, wars and conflicts are impeding every initiative to reflect upon democratic progress or the protection of rights. Where peace prevails, economic difficulties are discouraging political reform and tolerance, and where petrodollars flow, regimes are using their wealth to buy support, reinforce allegiance, fund intervention in neighbouring countries, and catalyse fratricidal conflicts. War-torn countries such as Syria, Iraq, Yemen, Libya, Sudan and Somalia have witnessed continuous violations of human rights. Chemical weapons, torture, harsh detention conditions, child soldiers and other abuses have been practised by all sides, with the international community turning a blind eye to violations committed by its allies. As long as conflict prevails in these countries, prospects will look grim. Geostrategic conflicts, land conquest and border control will remain their primary concern. However, countries that managed to remain relatively peaceful in the region have shown patterns of modest reform despite challenges resulting from forced migration and a lack of economic resources. In many Arab countries some progress has indeed been noticed with regard to electoral participation, gender issues and migrant workers. These reforms remained limited and were associated with populist ambitions, driven by bottom-up activism and civil society movements. These movements reflect the existence of grassroots initiatives channelling social demands and new voices being heard in the Arab world. Women are also starting to gain ground, and elections are proving to be a vector of change. Key words: war; migration; economic hardship; elections; gender; Mashriq; Arabian Peninsula; North Africa
Selected developments in human rights and democratisation during 2016: Sub-Saharan Africa

(Global Campus, 2017-12) Nyarko, Michael Gyan

This brief overview of selected developments in human rights and democratisation in sub-Saharan Africa during 2016 paints an uneven picture of progress, stagnation and retrogression at the global, regional and national levels. The contribution discusses elections held in 2016 and pertinent jurisprudence on elections and electoral management bodies during the year; accountability for mass atrocities; LGBTI rights; women’s rights; and protests and internet shutdowns. As far as elections were concerned, many were free and fair and led to democratic changes of government, while others were manipulated by incumbents to maintain their stay in power. In terms of jurisprudence in support of democracy, the African Court delivered an important judgment against Côte d’Ivoire on the need to ensure the fair composition of electoral management bodies. With regard to accountability for mass atrocities, the African Union’s onslaught against the International Criminal Court started yielding results, with Burundi, The Gambia and South Africa withdrawing their membership of the ICC, even though The Gambia and South Africa have subsequently revoked their withdrawals. On a positive note, the Extraordinary African Chambers convicted and sentenced former Chad dictator, Hissène Habré, to life imprisonment for atrocities committed between 1982 and 1990. With regard to LGBTI rights, even though the national executive continues to be an impediment, national courts are increasingly taking on the mantle of protecting LGBTI rights, especially in respect of the right to freedom of association and assembly. While the realisation of women’s rights continues to face significant challenges at the national level, the AU showed encouraging signs of its commitment to gender equality, especially in a decision by the AU Assembly to only elect female judges to the African Court in order to ensure the gender balance of the Court. As far as protests are concerned, many states used internet shutdowns as a means of silencing dissent, especially during elections and protests that infringed on rights such as freedom of association, expression and assembly, in addition to substantial financial consequences. Key words: human rights; democratisation; sub-Saharan Africa; elections; LGBTI; gender; women’s rights; internet shutdowns; accountability

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