Volume 2 No 1

Permanent URI for this collection

https://reponew.gchumanrights.org/handle/20.500.11825/680

Articles

Citizen agency, human rights and economic development in the context of populism and new democratic leadership models in Latin America
by Héctor Santiago Mazzei

Sustainability of food systems: The role of legal and policy frameworks
by Nicholas W Orago

Freedom of religion and the securitisation of religious identity: An analysis of proposals impacting on freedom of religion following terrorist attacks in Flanders
by Willem Vancutsem

The development of Uganda’s military justice and the right to a fair trial: Old wine in new bottles?
by Ronald Naluwairo

The forced displacement of indigenious peoples in Colombia
by Felipe Gómez Isa

Recent Regional Developments

Human rights and democracy in the Arab world in 2017: Hopeless within, doomed abroad
by Hafsa Bennis, Razane Boustany, Anna Lucky Dalena, Henriette Josephine Gentil, Yasmine Jamal Hajar, Hind Sharif, Salma Sharif, Marta Welander and Martina Zucconi

Challenges to the European Union in 2017: Brexit implementation, populism, and the renewed attempt at advancing the social dimension of the European integration project
by Chiara Altafin and Wiebke Lamer

Selected developments in human rights and democratisation during 2017: Sub-Saharan Africa
by Michael Gyan Nyarko and Trésor Makunya

Selected regional developments in human rights and democratisation in the Asia Pacific during 2017: 'Diverse region with divergent stance'
by Ravi Prakash Vyas and Sachin Siwakoti

Regional perspectives on democratisation of Eastern Partnership countries
by Arusyak Aleksanyan

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Challenges to the EU in 2017: Brexit implementation, populism, and the renewed attempt at advancing the social dimension of the European integration project

(Global Campus, 2018-10) Altafin, Chiara ; Lamer, Wiebke

Over the last decade, the European Union has faced a number of challenges, several of which have also dominated the regional political climate during 2017. For the first time in history, one of its member states is leaving the EU. In many other EU countries, the phenomena of populism and Euroscepticism are on the rise, while terrorist attacks continue to occur, the migration crisis continues to question EU solidarity, and social and economic inequalities are increasing. In light of these manifold challenges, this article examines the EU’s renewed attempt to advance the social dimension of the European project against the backdrop of two related political developments: the implementation of Brexit and the election outcomes in key member states in 2017. Brexit and the rising influence of populist, Eurosceptic parties pose a threat to European integration and effective political leadership, which in turn hinders the ability of the EU to tackle the challenges it faces. At the same time, these political developments highlight the importance of the social dimension of Europe for a large part of the electorate. Brexit and the election outcomes in The Netherlands, France, the UK and Germany in 2017 demonstrate that many citizens are concerned about the social implications of globalisation, urbanisation and digitalisation, particularly in light of the financial and economic crises that many EU countries had to confront over the last decade. The final section of the article examines the EU’s renewed pledge to strengthen its social dimension through the European Pillar of Social Rights. It considers that the political landscape has started to shift towards a more social stance during 2017 and argues that the operationalisation of the European Pillar could revitalise the EU narrative and ground for social policies and, accordingly, the European integration project, which needs to deepen its social dimension in order to survive and prove that it is able to enhance the living standards of European citizens. Key words: European Union; Brexit; elections; political parties; populism; social Europe; European Pillar of Social Rights
Citizen agency, human rights and economic development in the context of populism and new democratic leadership models in Latin America

(Global Campus, 2018-10) Mazzei, Héctor Santiago

This article reviews the concepts of governance and governability in light of the emergence of new leadership models at the turn of the century and after the 1990s in Latin America. The article reviews the challenges of democratisation processes in Latin America to strengthen and broaden the exercise of human rights, in the context of the new democratic and so-called populist leadership. After a period of foreign debt crisis, and with the emergence of new leaders in Latin America at the turn of the millennium, a different type of agenda is taking shape, centred on the characteristics of leadership, plebiscite democracies, ‘decisionism’ and the search for institutional quality. These agenda points are connected to themes such as the idea of ‘republic’ versus the idea of ‘democracy’; constitutional stability; and the notion of personal and populist leadership as against democratic leadership. The article reviews these concepts and highlights the meaning of the so-called neo-constitutionalism in Latin America, both from a legal and a political perspective. Key words: Latin America; governability; populist leaderships; republic; democracy; constitutional stability; neo-constitutionalism
The development of Uganda’s military justice system and the right to a fair trial: Old wine in new bottles?

(Global Campus, 2018-10) Naluwairo, Roland

Abstract: Justice demands that all organs and persons that exercise judicial power should adhere to the standards comprised in the right to a fair trial. In the last two decades, many countries have introduced reforms aimed at ensuring that the administration of justice through military tribunals conforms to these standards. In Uganda, the extent to which the country’s successive military legal frameworks have been progressive in doing this is contestable. This article analyses the historical foundation and evolution of Uganda’s military justice system with respect to the legal protection of the right to a fair trial. The analysis is largely based on desk review. The development of Uganda’s military justice system may be categorised into five major stages: military justice during the colonial era (1895-1962); military justice in the immediate postindependence period (1962-1971); military justice in the Amin era (1971- 1979); military justice under the NRA Codes of Conduct (1986-1992); and military justice under the 2005 Uganda Peoples’ Defence Forces Act (2005 to date). Although compared to the colonial times, there have been some improvements, many of which are said to be or passed off as reforms in the area of protecting fair trial rights in the administration of justice by military courts and are superficial. Many reforms introduced especially after the 1964 Armed Forces Act are reminiscent of the early colonial times, during which time the administration of military justice hardly provided any strong guarantees for the protection and enjoyment of the right to a fair trial. Key words: fair; justice; law; military; rights
Editorial

(Global Campus, 2018-10) Viljoen, Frans ; Hayes, Mike

This is the third issue of the Global Campus Human Rights Journal. It consists of five articles of a general nature, covering a diversity of geographic and thematic concerns, and five reviews of recent regional developments in human rights and democracy, covering 2017.
The forced displacement of indigenous peoples in Colombia

(Global Campus, 2018-10) Gómez Isa, Felipe

The creation of more than seven million internally-displaced persons and the subsequent territorial expropriation in the context of the internal armed conflict in Colombia constitute both a humanitarian and a human rights tragedy. Indigenous peoples and Afro-descendants have especially been affected by forced displacement and loss of their ancestral territories. Some of these people are in a situation very close to extinction. International and domestic legal standards have progressively developed the rights of victims to truth, justice, reparation and guarantees of non-repetition. Restitutive justice, a human rights approach, and differential attention are essential ingredients for a consistent public policy to adequately deal with IDPs, especially those of indigenous origin, given their special relationship with their lands and territories. The General Agreement for the Termination of the Conflict and the Construction of Stable and Lasting Peace is to be regarded as a window of opportunity for the protection of the rights of IDPs and for the protection of the rights of indigenous peoples in Colombia. Key words: Colombia; internally-displaced persons; indigenous peoples; Peace Agreement
Freedom of religion and the securitisation of religious identity: An analysis of proposals impacting on freedom of religion following terrorist attacks in Flanders

(Global Campus, 2018-10) Vancutsem, Willem

This article develops an adapted, discourse theory-based framework of securitisation theory to assess possible violations of the human right to freedom of religion. The relevance of this framework is illustrated by the analysis of three political proposals that would limit freedom of religion, made in Flanders after the terrorist attacks of 22 March 2016: a change to the Constitution; the criminalisation of ‘radicalism’; and a ban on the wearing of the burkini. While none of these proposals has subsequently been put in place, the article demonstrates how securitisation and identity constructions may impact on freedom of religion in illegitimate ways, while drawing attention to the possible effects of a particular construction of Flemish identity on the right of Muslim citizens to freedom of religion. After first outlining the securitisation theory and its original shortcomings – most notably the failure to take the discursive context and the role of identity constructions into account – the article links this theory to the human right to freedom of religion, through the limitation criterion of a ‘legitimate aim’ in article 9 of the European Convention on Human Rights. It is shown that a manifestation of religion has to be securitised, or constructed as a threat to a ‘legitimate aim’, in order to be limited. However, it is argued that there are different ways in which this securitisation can occur: First, a manifestation of religion can be securitised in its own right; or, second, on the basis of an interpretation of the religion it belongs to. Embracing the insights of discourse theory, it is argued that both are related to identity constructions and the threats that ensue from clashing identities. The second instance, it is argued, constitutes a violation of the human right to freedom of religion. This insight is subsequently applied to the three proposals, demonstrating the relevance of the theory and its practical implications. All proposals, it is shown, ensue from a wider construction of ‘Islam’ as a ‘threat’ – the result of a Flemish identity construct that regards Muslims and Islam as the ‘other’. It is this construction that has given rise to the three proposals that aim to securitise manifestations of Islam. This identity construct, it is concluded, therefore is not compatible with freedom of religion for Muslims, and alternatives should be supported. Key words: securitisation; freedom of religion; legitimate aim; Islam; identity; discourse, European Convention on Human Rights
Global Campus Human Rights Journal, Volume 2 No 1

(Global Campus, 2018-10)

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 and democracy in the Arab World in 2017: Hopeless within, doomed abroad

(Global Campus, 2018-10) Bennis, Hafsa ; Boustany, Razane ; Dalena, Anna Lucky ; Gentil, Henriette Josephine ; Hajar, Yasmine Jamal ; Sharif, Hind ; Sharif, Salma ; Taha, Suhail ; Welander, Marta ; Zucconi, Martina

Abstract: This article, which gives an overview of the situation pertaining to human rights and democracy in the Arab world during 2017, deals with the situation in nine countries. These countries represent a varied picture, in that occupied territories (Palestine); fledgling democracies (Lebanon and Tunisia); authoritarian regimes (Saudi Arabia, Morocco and Egypt); and unstable countries where war and terror prevailed (Libya, Iraq and Syria) are included. Stated in general terms, the Arab world was subjected to pressure, from below, to liberalise, which was met by resistance and conservatism, from above. In Palestine, local authorities quashed protests for equality, dignity and freedom of speech, while Israeli expropriation, violence, arbitrary arrests and detentions caused thousands of injuries and deaths. In Lebanon and Tunisia, some advances were made with regard to women’s rights, drugs and ‘rape-marriage’ laws, but progress was hampered by measures consolidating corruption and impunity. The situation in three authoritarian regimes, Saudi Arabia, Morocco and Egypt, remained of grave concern. Saudi Arabia showed some signs of opening which may remain a cosmetic campaign aimed at legitimising the leadership of Mohammad Ben Salman and merely appeasing international pressure. Egypt and Morocco have shut down dissent and protest, while still trying to show some willingness to liberalise. Dire situations prevailed in Libya, Iraq and Syria, with terrorism, kidnappings, deprivation of liberty of children, and the prohibited chemical weapons being used. When individuals tried to escape the hardship in their countries, they often faced violations of human rights in Europe, by the countries that themselves are trying to promote change in the region. Key words: human rights; democracy; Arab world; 2017; occupied territories; fledgling democracies; authoritarian regimes; war; terror; refugees
Regional perspectives on democratisation of Eastern Partnership countries

(Global Campus, 2018-10) Aleksanyan, Arusyak

Interest in studies and measurements of democracy and human rights in terms of globalisation and regional cooperation has extended beyond the academic context, reflecting the features of government policies and the development strategies of countries. Countries in a region with higher and closer levels of democracy have more opportunities for political and economic cooperation. From this point of view the assessment of democracy and human rights levels of Eastern Partnership member states such as Armenia, Georgia, Azerbaijan, Belarus, Ukraine and Moldova, is of special interest. Academic literature presents a great variety of theories and definitions of democracy. There are also various indices covering different aspects of democracy. Some of them emphasise the formal or institutional aspects of democracy, whereas others define its procedural features. Other indices measure the implementation of the level of declared rights and even consider democracy in terms of economic development. Thus, to measure and present the comparative analysis of democracy and human rights levels of Eastern Partnership countries, the article first provides the selection and description of democracy indices (proceeding from the differences in covering aspects of democracy). Then, based on the selected indices, a new aggregated index of democracy is calculated through the method for constructing composite indices for providing a multi-sided analysis of democracy and human rights of Eastern Partnership countries. Finally, drawing on the obtained and calculated data, I rank Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine by democracy levels, revealing regional perspectives on human rights and democratisation. Key words: democracy; measurement; Eastern Partnership; democracy indices; aggragated democracy index
Selected developments in human rights and democratisation during 2017: Sub-Saharan Africa

(Global Campus, 2018-10) Nyarko, Michael Gyan ; Makunya, Trésor

Abstract: This article reviews selected developments in human rights and democratisation in sub-Saharan African during 2017. It discusses the presidential elections held in Kenya, Liberia, Angola, Rwanda and Somalia/ Somaliland, noting in particular democratic gains in Liberia, Angola and Somalia where elections resulted in changes of government, which brought in new leadership. It further notes the democratic crises in Zimbabwe, where President Mugabe was removed from power through military intervention, and in the Democratic Republic of the Congo, where instability continued due to efforts by incumbent President Kabila to prolong his term of office. It reports on incidents of protests, recurrent internet shutdowns and interference with the freedom of expression and right of access to information in various African countries. The authors identify the cause of the rift between the African Union and the International Criminal Court as the Al-Bashir warrant issued pursuant to a Security Council Resolution, and recommend that the AU should focus on petitioning the Security Council to withdraws its referral, rather than to persist with its current onslaught against the ICC. In this context, they discuss the decision of ICC Pre-Trial Chamber, which clarified that there is no conflict between article 27(2) and article 98 of the ICC Statute in relation to state parties to the Statute or states referred to the ICC by the Security Council. As far as women’s rights are concerned, the article traces significant normative and jurisprudential gains, in particular the adoption of the Joint General Comment on ending child marriage, the Guidelines on combating gender-based violence and its consequences, and the decision of the ECOWAS Court of Justice against Nigeria denouncing gender-based discrimination as a violation of the right to dignity and non-discrimination. Key words: human rights; democracy; sub-Saharan Africa; elections; mass atrocities; accountability; women’s rights
Selected regional developments in human rights and democratisation in the Asia Pacific during 2017: ‘Diverse region with divergent stance’

(Global Campus, 2018-10) Vyas, Ravi Prakash ; Siwakoti, Sachin

Abstract: With the human rights situation in the Asia-Pacific region characterised by clashes resulting from religious and ethnic extremism, challenges to free speech, and attacks on women and lesbian, gay, bisexual and transgender persons, the year 2017 in the Asia Pacific remains unchanged from previous years. Incidents ranged from the systematic curtailment of basic freedoms and violent religious, ethnic, and gender-based conflict. Even though most Asia-Pacific nations are democratic in nature, arbitrary anti-democratic actions by government remain common. The major incidents that occurred during 2017 were the ongoing Rohingya crisis in Myanmar and religious extremism in countries such as Afghanistan, India and Malaysia. These setbacks were to some extent offset by the ratification of core human right treaties by countries such as Singapore, Indonesia and Thailand. Regional organisations such as ASEAN, SAARC, and PIF continue to avoid systematically protecting international standards and following up on UN recommendations. Key words: human rights; ASEAN; SAARC; Rohingya; extremism
Sustainability of food systems: The role of legal and policy frameworks

(Global Campus, 2018-10) Orago, Nicholas Wasonga

Food plays a critical role in human life for sustenance, nutrition, cultural expression and socio-economic development. It is, therefore, imperative that food production, processing and consumption systems are managed in a manner that ensures access to adequate, quality, safe and nutritious food for all for present and future generations. However, the world continues to struggle with different nutritional challenges such as undernutrition, overnutrition and malnutrition. It is essential that a system of food production, processing and consumption be adopted that effectively responds to these challenges in a comprehensive and holistic manner. This article elaborates on the food sustainability approach as an alternative to the prevailing conventional industrial approach to food production that has failed to end the world’s nutritional challenge while, at the same time, adversely degrading the ecosystem. The food sustainability approach adopts a systems approach to the global nutritional challenge, addressing it in an integrated and holistic manner at all levels of the food chain to ensure that food production, processing and consumption are economical, socially just and environmentally viable in the short and long term. The article finds that legal and policy frameworks at the national and global level have played a critical role in the maintenance of the current conventional food systems that perpetuate hunger, inequality and destroy critical ecosystem services. It calls for the review and transformation of these legal and policy frameworks so as to create an integrated and holistic food systems framework for the management of the entire food chain to enhance the realisation of economic, social and environmental sustainability in the food system. Key words: food; malnutrition; food systems; food sustainability; legal and policy frameworks

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