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Global Campus Human Rights Journal, Volume 1 No 1

(Global Campus, 2017-01) Guest editor for special focus: Vahan Bourhazian, Yerevan State 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.

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Poderes regulatorios estatales en el pluralismo jurídico global

(Global Campus, 2017-01) Abramovich, Víctor

El proceso de creación de una pluralidad de regímenes internacionales crea una compleja constelación de sistemas de regulación jurídica, que por lo general funcionan de manera descentralizada, con gran autonomía y fragmentación. Esta convivencia genera una ‘interlegalidad’ en la cual los Estados pierden el control del conjunto de los procesos en manos de actores financieros transnacionales. Sin embargo, estos procesos pueden también ser utilizados por los Estados para recuperar capacidad de ejercicio de poder regulatorio ante actores económicos concentrados y trasnacionales. Frente a esta contradicción, no existen reglas consensuadas para resolver los conflictos normativos, ni instituciones internacionales que tengan competencias asignada formalmente para dirimirlos. El presente artículo procura presentar un panorama general de algunas discusiones en curso sobre la conformación de una pluralidad de regímenes internacionales, sus relaciones, divergencias y posibles convergencias.

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The economic crisis, debt and the impact on human rights: Eastern Partnership countries

(Global Campus, 2017-01) Bournazian, Vahan ; Torosyan, Mane ; Staselyte, Jolita ; Banjac, Bogdan ; Chertilina, Olga

The article explores the nexus between the economic crisis, foreign debt and the impact on human rights as it has manifested in the Eastern Partnership (EaP) region since the beginning of the 2008 ‘global economic crisis’. That an economic crisis requires states to borrow internationally is not novel. By researching and developing case studies for all but one of the EaP countries, and then engaging in a comparative analysis of the case studies, the article seeks to explore, in the EaP context, the extent and legitimacy of borrowing, the impact on human rights of the economic crisis and/or debt, and the degree to which national debt frameworks of EaP countries comply with the UN Guiding Principles on Foreign Debt and Human Rights. As for the nexus between human rights, economics and debt, this dynamic is founded in the fact that human rights values the equality of individuals and, in the socio-economic context, this may be expressed in terms of equal opportunity, which must be ensured and fomented by the state – often through the expenditure of public resources. As a developed society is best conceived of as a collective of developed individuals, and as equal opportunity is foundational to individual development, phenomena which curtail the equal opportunity of individuals necessarily impact negatively on the human rights regime. It is generally accepted that several factors influence an individual’s equal opportunity for development: civil and political rights; economic facilities (for instance employment opportunities, fair remuneration); social opportunities (for instance education); transparency/ accountability (for instance the rule of law); and protective securities (for instance healthcare and social welfare). It is in this broad context that the article considers increasing poverty and the degradation in socio-economic rights as having a negative impact on equal opportunity and on human rights, and explores this impact as a derivative of the economic crisis and foreign debt.

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The impact of the economic crisis on human rights in Europe and the accountability of international institutions

(Global Campus, 2017-01) Ginsborg, Lisa

The impact of austerity measures in Europe on human rights has now been widely documented by international and regional bodies and scholars working in the area. The article begins its investigation by briefly examining the impact of austerity measures adopted by European states on human rights standards, with a particular emphasis on the cases of those Eurozone states in bail-louts. The second part of the article investigates the role of international institutions in the austerity measures in Europe, and the institutional framework underlying the bailout measures in the Eurozone. It places a particular emphasis on the European Stability Mechanism (ESM), now established as a permanent crisis resolution mechanism. In this context, the article exposes a number of problems linked to the absence of accountability of the ESM, including its democratic deficit, technocratic rule and lack of transparency. At the heart of the article are questions around the degree of autonomy left to states in the context of austerity measures, and whether a certain degree of responsibility for the human rights violations resulting from these measures may be attributed directly to the institutions driving the conditionality agenda. The main legal framework will be international law, both international human rights law and international institutional law, which is still lagging behind in terms of direct accountability of international organisations for human rights violations, but remains a rich and useful field from which to derive a number of conclusions about the human rights responsibility of international institutions. The article concludes with a number of recommendations aimed directly at the international institutions in their imposition of austerity measures. Many countries in the west seem to be doing their best to go straight into the mouth of a fairly hefty snake ... austerity measures in Europe are a spiralling catastrophe (Sen 2011).

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Market might in Factory Asia: The struggle to protect labour

(Global Campus, 2017-01) Mullen, Matthew ; Santoso, Purwo ; Tapiheru, Joash ; Valiente-Riedl, Elisabeth

‘Factory Asia’ pejoratively frames a situation of oversupply in low- skilled and underpaid wage labour, where people work in immiserating conditions, deprived of essential opportunities for political organising and the right to freedom of association. The context is such, in part, because the market enjoys considerable leverage and might over states and labour in the region. A range of factors, including capital mobility, the 1997 Asian financial crisis and global neo-liberal pressures, combine to dislocate the state from its role as protectorate and provider, and foreclose on conventional channels that offer protection for workers. This article frames and illustrates these dynamics, and argues that labour encounters a myriad of challenges, but also new opportunities for re-articulation, mobilisation and protection around labour rights. Two case studies, those of Indonesia and Thailand, provide empirical grounding for this thesis and convey both commonalities and contrasts in local labour struggles. In Indonesia, the increasing dislocation of the state needs to be understood in the context of the manifestation of a dual labour market. This has produced contrasting experiences of informal and formal workers. Accordingly, the resilience of traditional models of labour mobilisation (such as unions) diminishes compared to the growing relevance of informal and collective social protection systems. In Thailand, union advocates remain adamant about the need to realise international labour rights norms precisely because of deepening union restrictions and the state’s reluctance to fulfil its duties. Meanwhile, other labour rights groups have sought space, protection and action from duty bearers through non-traditional methods. Relations between these networks can be tense, but they combine into a formidable, even if uncertain, force. In both case studies, the dislocation of the state has led to new and thickening vulnerabilities for labour working in the shadow of the market, but also to unconventional opportunities for protection and mobility.

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Violence in transition: Reforms and rights in the Western Balkans

(Global Campus, 2017-01) Kurian, Rachel ; Charkiewicz, Ewa

The 1990s saw the breakdown of the former Socialist Federal Republic of Yugoslavia which, since World War II, had developed a distinct economic system that included specific market and socialist self-management principles in production, distribution and decision-making processes. At the same time, the European Union opened up the possibility of full membership if these countries – now politically referred to as the Western Balkans – met the accession criteria claimed as essential to bring about fully-functioning and competitive market economies. The transition and accession processes were supported financially, politically and militarily by Western powers as a shift away from authoritarianism and poverty, while promoting democracy, human rights and individual freedom. This article argues that, contrary to this optimistic discourse, transition in the Western Balkans reflected and incorporated violence at different levels. The article shows that tensions between reforms and rights began in the 1970s, spurred by indebtedness and inequalities, pervading the transition process and deteriorating in the wake of the 2007-2008 global financial crisis. Social policy increasingly became framed along market- efficiency principles, challenging existing entitlements and rights, particularly with regard to education, social security and health. Vulnerable groups, such as the unemployed and the aged, experienced serious shortfalls in support and care. By the second decade of the twenty-first century, social protests against the deterioration in the levels of livelihood and the retrogression of social rights had erupted in several places. Violence was expressed not only in the form of direct bodily harm, but also in control exerted through indebtedness, the destruction of livelihoods, the denial of basic human rights, and the struggle for social justice.

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Sovereign debt restructuring and the right to development: Challenges from an incomplete framework

(Global Campus, 2017-01) Kampel, Daniel

The article reviews the link between human rights and foreign debt, by highlighting the validity of the right to development, as stated and confirmed by different declarations made by international organisations in the last three decades. The right to development is understood as a human right. The lack of proper institutions to deal with debt problems and crises has in the past been hard on emerging countries, halting growth and retarding development in the affected countries and societies, as clearly exemplified by the Latin American debt crisis of the 1980s. It is contended that creating proper institutions to deal with debt issues at the international level will help resolve these crises and will contribute to the continued realisation of human rights.

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Selected developments in human rights and democratisation during 2015: Middle East

(Global Campus, 2017-01) Lahoud Tatar, Carine

This contribution aims at providing a synthetic analysis of the process of political changes which has been driving and continues to drive a wave of unrest across the Middle East. It presents a slightly different understanding of Arab uprisings by dividing the ongoing process into three different phases: During the first period, namely, in the pre-revolutionary context, a set of socio- economic and political factors mutually reinforcing Arab discontent will lead to mass mobilisation. Subsequently the revolutionary momentum will pave the way for a second phase, the instant outcomes of Arab upheaval, in particular the toppling of authoritarian regimes and the call for free elections won by Islamist groups. Finally, the third and last stage, namely, the demobilisation process, will lead to the current situation of disintegration and chaos that is prevailing in some countries, the exacerbation of the sectarian rift and the return of a new authoritarianism as a result of counter-

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Editorial

(Global Campus, 2017-01) Viljoen, Frans ; Mullen, Matthew ; Bournazian, Vahan ; Wheadon, Georgina

This is the inaugural issue of Global Campus Human Rights Journal (GCHRJ). GCHRJ is an open-access journal, established and published under the auspices of the Global Campus of Master’s Programmes and Diplomas in Human Rights and Democratisation (Global Campus of Human Rights). The Global Campus of Human Rights is a framework of collaboration between seven Regional Master’s programmes in Human Rights and Democratisation, taking place on each of the five continents. It is a unique network of more than 100 universities with the overall aim of educating human rights defenders committed to upholding the universal values of human rights and democracy. The seven programmes are the European Master’s Degree in Human Rights and Democratisation; the Master’s Degree in Human Rights and Democratisation in Africa; the European Regional Master’s Degree in Human Rights and Democratisation in South Eastern Europe; the Master’s in Human Rights and Democratisation in Latin America and the Caribbean; the Master’s of Human Rights and Democratisation in Asia and Pacific Regional Programme; the Regional Master’s Programme in Human Rights and Democratisation in the Caucasus; and the Master’s Programme in Democratic Governance, Human Rights and Democratisation in the Middle East and North Africa (MENA) region. For more information, see http://www.eiuc.org/ education/global-campus-regional-masters.html. The European Union Commission supports this network financially.

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Selected developments in human rights and democratisation during 2015: Asia-Pacific

(Global Campus, 2017-01) Azizah, Nur ; Mullen, Matthew ; Sangroula, Swechhya

Informality is a characteristic central to the Asia-Pacific region. Nonetheless, the regional discourse around democratisation, which includes not only speech but also practice, tends to mention informal institutions only in passing. In the Asia-Pacific region, prominent informal institutions include local customs; clan politics; money politics; corruption; clientelism; patronage; informal mobilisation and resiliency networks; everyday resistance; vigilantism; shadow markets; and unconventional community-based organisations. This contribution posits that these informal institutions rarely receive adequate treatment as part of debates and discussions about democratisation and the shaping of the practice around it. It is argued that the tendency to ignore or reject informality compromises attempts to understand and support democratisation processes in the region. Each of the three case studies brought forth in this contribution illustrates different types of informal institutions and their impact on democratisation in different contexts and dynamics, namely, (i) the way in which informal institutions shape procedures ranging from everyday licensing to national elections in Indonesia; (ii) the way in which individuals and communities have been able to build resiliency action and networks by leveraging informal institutions in their pursuit of transitional change in Myanmar; and (iii) the threat posed by informal institutions to post-earthquake aid and recovery activities throughout Nepal. As the contribution illustrates, understanding the situation in 2015 requires locating developments in a more expansive and broadened historical perspective. Fortunately, recent experiences signpost that making informality more central in discourses around democratisation in the Asia-Pacific region could be a shift towards ensuring that informal institutions receive the due consideration their influence on politics merits.

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Selected developments in human rights and democratisation during 2015: Sub-Saharan Africa

(Global Campus, 2017-01) Killander, Magnus ; Obura, Ken ; Ashenafi, Abiy

This brief overview of selected developments with regard to human rights and democratisation in sub-Saharan Africa in 2015 paints a mixed picture of progress and challenges both at the national and regional levels. The contribution discusses elections held in 2015, accountability for mass atrocities, the protection of LGBTI rights and gender equality. With regard to elections, some may be seen as reflecting the will of the electorate, while others clearly were just meant as a show to endorse a predetermined outcome. With regard to accountability for mass atrocities, heads of state do their utmost to avoid judicial scrutiny. LGBTI rights remain a controversial issue, with some states playing on homophobic sentiments to win political points, at the expense of human rights and the rule of law. In 2015, the AU Executive Council challenged the independence of the African Commission on Human and Peoples’ Rights by directing the Commission to withdraw the observer states granted to the Coalition of African Lesbians. However, at the national level, there have been encouraging judgments, for example with regard to the right of freedom of association of LGBTI groups. Gender equality also remains a contested issue, as illustrated by a case of the Ugandan Supreme Court dealing with the gender equality implications of the bride price.

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The impact of the global financial crisis on the realisation of socio-economic rights in sub-Saharan Africa: An analysis based on the Millennium Development Goals framework and processes

(Global Campus, 2017-01) Orago, Nicholas Wasonga

The global financial crisis, which affected global trade and investment, did not leave sub-Saharan Africa untouched. The region registered a decline in economic growth in the period after the crisis and experienced ongoing impacts. The article looks at these impacts, focusing on the realisation of socio- economic rights in sub-Saharan Africa using the mechanism of the Millennium Development Goals. It begins by describing the major actors that have played a leading role in economic growth in the region, and the realisation of socio- economic rights. It then focuses on the pre-crisis growth period of 2000 to 2007, examining the drivers of growth in sub-Saharan Africa and how this growth impacted the realisation of socio-economic rights. The article uses the mechanism of the Millenium Development Goals framework and process to measure the achievement of each goal within a high growth period. It finds that while this growth created more resources for the realisation of socio-economic rights, little progress was made in achieving the Millennium Development Goals within that period: The socio-economic conditions of poor, vulnerable and marginalised individuals and groups remained the same. The article then looks at the effects of the global financial crisis on sub-Saharan African economies after 2007, indicating that the crisis had an adverse impact on economic growth, with growth declining to 5.5 per cent in 2008, 3.5 per cent in 2009 and then rebounding slightly to 5.1 per cent between 2013 and 2014 and further to 5.8 per cent in 2015. It says that, although the reduction in economic growth had a great impact on the availability of resources for the realisation of socio- economic rights, an analysis of the MDG progress after the crisis does not show a marked difference from the MDG progress prior to the crisis. The article concludes that, even though the crisis had some impact on the realisation of socio-economic rights, its impact would have been greatly lessened if these sub- Saharan African countries had shown political commitment and developed proper mechanisms for the realisation of these rights.

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Selected developments in human rights and democratisation during 2015: The Americas

(Global Campus, 2017-01) Taiana, Jorge ; Gomez, Veronica

This contribution traces some salient developments related to human rights and democratisation in the Americas during 2015. As to national developments, the Colombian peace process, the political crisis in Guatemala and the elections in Haiti are discussed. As to regional arrangements, the focus falls on the participation of Cuba in the Seventh Summit of the Americas, and on elections and standard-setting within the Organization of American States. A few highlights in respect of the promotion and protection of human rights in the Americas by the Inter-American Commission and Court of Human Rights are also reviewed.

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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.

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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.

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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

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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

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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

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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

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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

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