Volume 1 (No 1-2)

Permanent URI for this community

https://reponew.gchumanrights.org/handle/20.500.11825/31

Browse

Browsing Volume 1 (No 1-2) by Subject "accountability"
  • Item
    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).
  • Item
    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.
  • Item
    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