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1. Climate Protection Litigation on the Rise

Author:
Szymon Zaręba
Publication Date:
02-2023
Content Type:
Working Paper
Institution:
The Polish Institute of International Affairs
Abstract:
In the last several years, national courts and international institutions have increasingly begun to treat conservative or climate-adverse actions by states as violations of their obligations under international law and human rights. This has been followed by some countries more affected by climate change and engaged in international bodies to put more pressure on Global North states to protect the climate. The sympathetic attitude of international courts towards such complaints may, in the long term, force the need for increased climate ambition or even compensation payments by, among others, Poland.
Topic:
Climate Change, Human Rights, International Law, Courts, and Litigation
Political Geography:
Europe, Poland, and Global Focus

2. The Return of the Foreign Fighters and Their Families to Their Homeland: Existing Practices and Considerations Regarding Security and Human Rights

Author:
Katerina Christoforaki
Publication Date:
08-2023
Content Type:
Special Report
Institution:
The Centre for Security Studies
Abstract:
The creation of Islamic State of Iraq and Syria (ISIS) has attracted an unprecedented flow of thousands of people from more than 100 countries all over the world to join their cause. After the fall of the so-called caliphate, the countries involved have to deal with the aftermath of the conflict and the future threat of the resurgence of ISIS or other terrorist groups. The people who volunteered and joined ISIS might pose a security threat in the future. This paper aims to examine the different approaches that countries have taken regarding the return of foreign fighters (FFs) and their families who joined ISIS to their homeland. This is a multidimensional and complex matter since it has legal, moral, and political implications, and therefore the decisions in this regard are never unanimous, nor do they come without criticism and opposition. On the one hand, it would be easier to just leave the FFs and their families there, prosecute them there and incarcerate them there. It would also be easier to collect evidence and to have testimonies of the witnesses and the survivors, and also it would keep the potential security threat away from their homeland. However, this would only be beneficial for the countries of origin and in the short term as it wouldn‘t solve the problem of radicalization. In fact, it might fuel it even more, and the proximity of the ISIS member in prisons or in camps could benefit them to rebuild their network and plan future attacks. Moreover, leaving them there would be against all human rights norms regarding the death penalty, fair trial, torture, rights of the child, and more. On the other hand, the return of the fighters and their families could indeed pose a danger to the security of the homeland. Not all of the returnees have committed punishable crimes and for those who have, very often there is not enough admissible evidence to the national courts. In fact, in the case of women and children, the countries are more reluctant to their return because they might have not taken part in the atrocities but that does not mean that they are innocent and bear no responsibility. Complicated is also the case of children and teenagers, some of whom have taken part in the atrocities willingly or unwillingly, some were brought by their families, some traveled alone in order to join ISIS, and some were born under ISIS control and risk statelessness.
Topic:
Security, Human Rights, Counter-terrorism, Islamic State, Foreign Fighters, and Repatriation
Political Geography:
Iraq, United Kingdom, Europe, France, Germany, Syria, United States of America, and Bosnia and Herzegovina

3. The EU’s Magnitsky Act Obsolete in the Face of Russia’s Crimes in Ukraine?

Author:
Steven Blockmans
Publication Date:
05-2023
Content Type:
Policy Brief
Institution:
International Centre for Defence and Security - ICDS
Abstract:
Despite the mounting evidence of the most serious of human rights violations being conducted by Russian forces on Ukrainian soil, the EU has chosen not to use its new Magnitsky Act to blacklist the perpetrators and their commanders. Instead, the EU has preferred to respond to Russia’s ‘dumb’ bombs with increasingly ‘dumb’ sanctions. This Brief explains why, after decades of work to smarten up its restrictive measures, the politicisation of human rights sanctions and the high threshold of evidentiary standards make it very hard for the Council to rely on evidence gathered from transition countries where the justice sector is still vulnerable to widespread corruption and political cronyism.
Topic:
Human Rights, International Law, European Union, and Russia-Ukraine War
Political Geography:
Russia, Europe, and Ukraine

4. Is There Life in the Desert? Russian Civil Society After the Full-Scale Invasion of Ukraine

Author:
Igor Gretskiy
Publication Date:
05-2023
Content Type:
Special Report
Institution:
International Centre for Defence and Security - ICDS
Abstract:
By the end of 2021, all leading independent NGOs and individual human rights activists had been completely suppressed, and all issues deemed inconvenient for the Kremlin had been removed from the agenda of those still operating. This report focuses on the state of Russian civil society at the outset of Russia’s full-scale military invasion of Ukraine, as well as on how it was affected by the war and what are the prospects for its development in the future. Since Vladimir Putin came to power, Russia has been moving along the path of creating a fully state-controlled civil society in which the political potential of independent civil activism would be completely undermined. To achieve this goal, the Kremlin pro-actively advanced its network of government-organised non-governmental organisations (GONGOs) while simultaneously limiting foreign funding for NGOs. Those who did not abide by the Kremlin’s rules were systematically discriminated against and persecuted under the so-called “foreign agent” laws. Meanwhile, local authorities have stopped all formal and informal interaction with “politicised” civil actors. Russia’s invasion of Ukraine added further impetus to these trends and strengthened the Kremlin’s resolve to root out any sources of potential defiance. The independent professional NGOs that remained were in a deep crisis. Since February 2022, they have switched to survival mode. In all likelihood, they will either be co-opted by the state through a centralised system of financial support or cease to exist in the near future. The niches that they have left – including in the field of human rights advocacy – are being quickly filled by GONGOs. With their colossal resources, wider media access, and connections in the government, GONGOs are able to attract more young people to join their ranks. In many regions, even the scanty of organised independent civic activism that existed before the war was neither there nor likely to re-emerge in the coming years. In Russia, the level of involvement in NGOs has always been low and the population at large indifferent to the problems of civil society. Therefore, one should be wary of inflated expectations when contemplating the future of Russian civil activism. Even if Putin’s regime collapses, one can hardly anticipate a quick transition towards a truly independent and vibrant civil society. The study was conducted on the basis of interviews with representatives of independent NGOs from various regions who, as of February 2022, were based in Russia. The geography of this survey was expanded as much as possible to make the study more reliable and better reflect the content of the processes underway in the country. This analysis also shows that representatives from Moscow, large provincial cities, and the North Caucasus differ significantly in their perception of the current situation with civil society, whereas their visions for the future diverge considerably. A profound lack of communication among them only amplifies the divisions and fragmentations in Russia’s civil society. The situation in the North Caucasus is of particular note. Albeit being severely weakened, local independent NGOs and activists are – in contrast with the rest of Russia – more disapproving of the war unleashed by Russia against Ukraine but more optimistic about the future of their home regions. They pin their hopes on the revival of indigenous languages and cultures with the help of diasporas abroad and the emergence of civil society.
Topic:
Civil Society, Human Rights, Politics, War, Governance, and Russia-Ukraine War
Political Geography:
Russia, Europe, and Ukraine

5. Gender equality in Europe: a still imperfect model in the world

Author:
Stefanie Buzmaniuk
Publication Date:
03-2023
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
In a world where women's rights are once again being challenged from all quarters, Europe remains the place where women live best. Within the Union, however, there have been some setbacks, difficulties persist, and progress is still required in the political, economic and social fields to achieve true gender equality.
Topic:
Human Rights, European Union, Women, Inequality, and Gender
Political Geography:
Europe

6. Rethinking the EU’s Approach to Women’s Rights in Iran

Author:
Barbara Mittelhammer, Tara Sepehri Far, and Sussan Tahmasebi
Publication Date:
04-2023
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
After the death of twenty-two-year-old Mahsa (Jina) Amini in the custody of Iran’s morality police on September 16, 2022, protests quickly spread throughout the country under the slogan of “Woman, Life, Freedom.” Amini’s death galvanized a movement that connects women’s individual freedom to choose their dress code to the systemic social, political, and economic grievances of a larger population that is demanding fundamental change. In claiming the realization of their basic rights, Iranians are revolting against a system that not only oppresses women and peaceful dissent but also continues to fail to meet citizens’ needs. This fight, which has attracted global solidarity, highlights the core message that when women’s rights are marginalized to nonexistence, human rights for all are at risk. The protests have taken place amid mounting repression of organized peaceful activism, a continuing deterioration of Iranians’ basic rights, and a host of economic ills, including rising inequality, increasing poverty, worsening living conditions, skyrocketing food prices, raging inflation, and rising unemployment. Three years of the coronavirus pandemic as well as decades-long comprehensive economic and financial sanctions have gravely added to the socioeconomic calamity. On top of this economic insecurity, precarious and perilous working conditions had already sparked increasing protests in Iran in recent years, resulting in the government’s harsh crackdown on human rights activists and civil society as well as further infringements on rights, including internet shutdowns, even before current events. Repression and the deterioration of Iran’s socioeconomic conditions have aggravated the situation for women in particular. Especially in recent years leading up to the current protests, this trend has hindered Iranian women’s ability to mobilize, protest, and achieve the full realization of their rights. Those who experience intersecting discrimination because of their minority background or social status are impacted even more if they live in rural areas, which are less developed than urban ones, or in areas on Iran’s border, which the state views predominantly through a security lens. The international response to Iran’s very poor human rights record and current protests, however, has lacked a holistic approach that considers women’s key role as agents of change and encompasses civil and political as well as social and economic rights as integral components of women’s rights. In fact, women’s rights and gender equality are not only goals in themselves but also enable the realization of fundamental rights of other marginalized groups, such as children and minorities. Moreover, women’s rights and gender equality are the strongest indicators of and preconditions for sustainable and peaceful societies, both internally and externally. Yet, the European Union’s (EU’s) current approach to Iran does not account for this reality. Over the past years, the EU’s policy toward the country has focused on negotiations to revive the Joint Comprehensive Plan of Action (JCPOA) after Washington’s withdrawal from the deal in 2018. The current situation in Iran urgently highlights the need for a policy framework that responds to the government’s repression and gross human rights violations and, equally, considers the disastrous socioeconomic situation in the country, which is a key obstacle to the public’s ability to organize to realize its rights. Given the importance of economic precarity and socioeconomic inequality in the current revolt, the EU should adopt policies that can support the protesters’ rights and demands in the short term while considering a revised long-term approach centered on empowering Iranians in their efforts to create long-lasting democratic change.
Topic:
Human Rights, European Union, Women, and Protests
Political Geography:
Europe, Iran, and Middle East

7. Shifting Paradigms for Israel-Palestine: Why the EU Must Answer the Wake-Up Call Now

Author:
Akram Ezzamouri and Miriam Zenobio
Publication Date:
04-2023
Content Type:
Commentary and Analysis
Institution:
Istituto Affari Internazionali
Abstract:
Three months ago, the most far-right government in the history of Israel was sworn in by the Knesset under the leadership of Benjamin Netanyahu. Notably, Itamar Ben-Gvir, the Kahanist leader of Jewish Power and former convict for racist incitement, has been appointed the head of the newly created Ministry of National Security.[1] Additionally, Bezalel Smotrich, leader of the settler-based Religious Zionism party, has been given major control over the administration of the occupied West Bank as the head of the Finance Ministry.[2] The new government has spurred a nationwide mobilisation in Israel, as many criticise the proposed judicial reform aimed at curtailing the Supreme Court’s power to exercise judicial review of legislation, giving the government control over judicial appointments and granting the Knesset the power to override the Court’s rulings. After weeks of protests – mainly attended by secular liberal Jewish Israelis[3] – the reform has been put on hold as part of a coalition agreement which includes the establishment of a National Guard led by Itamar Ben-Gvir and tasked with handling “Arab unrest”, thus anticipating even more state-sanctioned violence on Palestinians.[4] In fact, the number of Palestinians killed in 2023 is already set to surpass last year’s data, with at least 95 deaths since January.[5] This record in violence has been characterised by near-daily raids carried out by the Israeli military across the occupied West Bank, particularly in Jenin, Nablus and Jericho, aiming at curbing the resurgence of Palestinian armed resistance to the occupation.[6] In the same time span, at least 16 Israelis have been killed.[7]
Topic:
Foreign Policy, Human Rights, European Union, and Occupation
Political Geography:
Europe, Middle East, Israel, Palestine, and Gaza

8. Shaking Hands with Saied’s Tunisia: The Paradoxes and Trade-offs Facing the EU

Author:
Luca Barana and Asli Selin Okyay
Publication Date:
08-2023
Content Type:
Commentary and Analysis
Institution:
Istituto Affari Internazionali
Abstract:
Over the last year, Tunisia has become a key priority for the European Union and its member states, Italy in particular. The main reason for this increased attention is the growing number of unauthorised arrivals of migrants and asylum-seekers leaving the North African country and reaching Italy from mid-2022 on. Tunisia was the point of embarkation for over 60 per cent of almost 90,000 irregular arrivals registered in Italy in the first seven months of 2023.[1] This is a departure from an established trend of Libya being the main departure point in the Central Mediterranean.[2] To make sense of these new mobility patterns, one also needs to take into account the profound economic crisis and the increasing pace of authoritarianism in Tunisia. Beyond its effects on the local population and civil society, the latter also manifests in severe cases of discrimination and violence against sub-Saharan migrants residing in or transiting through Tunisia.[3]
Topic:
Human Rights, Migration, Authoritarianism, and European Union
Political Geography:
Europe, North Africa, Tunisia, and Mediterranean

9. Israeli Apartheid and the West’s Dwindling Moral Credibility

Author:
Andrea Dessì
Publication Date:
02-2022
Content Type:
Commentary and Analysis
Institution:
Istituto Affari Internazionali
Abstract:
Amidst spiralling tensions on the European continent, East-West animosities have returned to dominate daily news cycles. Predictably, this has revived rhetoric on competing political systems and norms, giving rise to a flurry of reporting contrasting Western democracy’s support for the “rules-based international order” vs an informal “alliance of autocracies” led by Russia and China which embrace military might or economic and political blackmail in “a bid to make the world safe for dictatorship”, as recently opinionated the Washington Post.
Topic:
Foreign Policy, Apartheid, Human Rights, International Law, and European Union
Political Geography:
Europe, Middle East, Israel, Palestine, United States of America, and Mediterranean

10. Turkey-Armenia Normalization: A Quest for Realism

Author:
Hay Ertan Cohen Yanarocak
Publication Date:
01-2022
Content Type:
Working Paper
Institution:
Jerusalem Institute for Strategy and Security (JISS)
Abstract:
Ironically, the American recognition of the Armenian genocide removed an obstacle for Armenia and Turkey to move forward.
Topic:
Genocide, Human Rights, International Community, and Humanitarian Crisis
Political Geography:
Europe, Turkey, and Armenia

11. Interpretation and Application of the ECHR: Between Universalism and Regionalism

Author:
Mattias Guyomar
Publication Date:
11-2022
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
 e protection of human rights guaranteed by the Council of Europe, in particular through the Convention for the Protection of Human Rights and Fundamental Freedoms and the supervision exercised by the European Court of Human Rights, has a dual dimension: its universal vocation goes hand in hand with the regional nature of its implementation. Tensions between universalism and regionalism play out in a fruitful and productive way.
Topic:
Human Rights, International Law, Regionalism, Universalism, and European Court of Human Rights (ECHR)
Political Geography:
Europe

12. Fragmentation nation: How Europeans can help end the conflict in Yemen

Author:
Helen Lackner
Publication Date:
12-2022
Content Type:
Policy Brief
Institution:
European Council on Foreign Relations (ECFR)
Abstract:
For eight years, Yemen has suffered a civil war, whose conduct has been exacerbated by outside powers, principally Saudi Arabia and the UAE on one side, while Iran has supported the other. Yemen is a politically, socially, geographically, and religiously fragmented country, including within the two broad areas controlled by the internationally recognised government and the Houthis respectively. Saudi Arabia and the UAE may soon decrease their military interference in Yemen – but their exit could expose divisions in both government and Houthi areas. Yemen was poor before the conflict, but a corrupt war economy has now taken hold, strengthening an array of local power holders, while the Yemeni people slip into ever-deeper destitution. Short-term measures introduced with the support of the international community have failed to stabilise the situation. Europeans should take a longer-term approach to Yemen. They should promote the country’s cause in their diplomacy with Gulf Arab states and make a commitment to economic support, a values-based approach, and an emphasis on human rights in Yemen.
Topic:
Foreign Policy, Civil War, Diplomacy, Human Rights, and Armed Conflict
Political Geography:
Europe, Middle East, Yemen, Saudi Arabia, North Africa, and United Arab Emirates

13. Migration restrictions in the West: Some ethical concerns

Author:
Emmanuel Comte
Publication Date:
08-2022
Content Type:
Policy Brief
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
Migration policies have divided the world in two groups: the walled world of Western countries and the rest. The EU system of migration control is the most extensive, given that Europe is surrounded by a series of regions with high migration potential. Migration restrictions do not enhance and may serve to reduce the opportunities of the worse-off and, as such, are at odds with international fairness. Negative externalities from richer to poorer countries, triggered by migration policies themselves or monetary or climate policies, make migration restrictions even more unfair. The growth of the migration control system ends up threatening human rights within Western countries. It is necessary to explore all possible ways to reverse migration restrictions and promote more open migration policies.
Topic:
Human Rights, Migration, Border Control, European Union, and Refugees
Political Geography:
Europe

14. Cybersecurity and Human Rights in the Western Balkans: Mapping Governance and Actors – Case Study Serbia

Author:
Maja Bjelos and Marija Pavlovic
Publication Date:
10-2022
Content Type:
Special Report
Institution:
Belgrade Centre for Security Policy
Abstract:
Despite a solid legal framework, Serbia’s fight against cyber attacks and crime progresses slowly due to the chronic lack of qualified staff, as well as the politicized priorities of the competent institutions. This is one of the conclusions of the latest publication on the cybersecurity context in Serbia. Official statistics indicate an increasing trend in the number of cyber attacks and cybercrime cases in Serbia. About 26 million significant cyber attacks on information and communication technology (ICT) systems occurred in 2020 – the most common of which involved attempted intrusions into ICT systems and unauthorized data collection. Serbian citizens also witnessed massive violations of their right to privacy and personal data during the pandemic, as well as an increase in the number of attacks against human rights defenders and political dissidents in the digital and physical space. In late 2021, the idea of using biometric surveillance to counter terrorism and organized crime was reintroduced. However, due to the rapid backsliding of democracy and the rule of law, citizens fear that the new face recognition technologies will be directed against them, rather than against criminals and potential terrorists. Since the beginning of 2022, there have been several attempts to commit internet fraud and steal the identities and data of users of the Raiffeisen Bank and the Post of Serbia. In the most recent incident, a hacker attacked the country’s cadastre and shared electronic reports about bombs planted in various public and private institutions, causing widespread concern in society and temporarily disabling the day-to-day work of the institutions affected. Threats to journalists via social networks have also become more frequent. Cyber attacks are now a part of daily life in Serbia, and threats posed by the internet and social networks are likely to intensify and become more complicated in the future. It is therefore important for state authorities to be prepared to respond to any challenge, risk, or threat quickly and effectively, while respecting human rights and the rule of law. The Belgrade Centre for Security Policy addresses the topic of cybercrime from the perspective of human rights and the rule of law. In this context, the centre conducted a baseline analysis and 22 interviews with governmental and non-governmental stakeholders in Serbia, from mid-January to end March 2022, to assess the level of legal and institutional development of the competent authorities in the area of information and cyber security, as well as the challenges facing cybersecurity and human rights in the country. This publication is part of the larger report that focuses on mapping cybersecurity-related human rights opportunities and challenges, and represents an area that is under-explored in the region. There are six chapters in total, one for each economy in the Western Balkans. Each begins with essential conceptual background information regarding the cybersecurity and human rights contexts of each economy. They then each explore four core thematic issues: cybersecurity and the right to privacy, cybersecurity and freedom of expression, cybersecurity and freedom of peaceful assembly (and, where relevant, freedom of association), and cybersecurity and anti-discrimination. Finally, they present ways forward, with concrete recommendations for stakeholders. The study as a whole aims to offer recommendations for the inclusion of human rights standards in cybersecurity governance and for better implementation of cybersecurity norms within the human rights frameworks of the Western Balkans region.
Topic:
Security, Human Rights, Science and Technology, and Cybersecurity
Political Geography:
Europe and Serbia

15. Forging European Unity on China: The Case of Hungarian Dissent

Author:
Ties Dams
Publication Date:
04-2022
Content Type:
Policy Brief
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
EU Member states can be divided on China, even on issues such as human rights. Often singled out as an agent of division is the Hungarian government of prime minister Viktor Orbán. Hungarian dissent begs the question: how can the EU move forward on China given Hungary’s strategy of obstructive dissent? European cooperation ought not wait for unanimity, nor should it rely on value-politics: member states should play the power game to circumvent or break lingering impasses. Member States should support setting up a 27+1 Forum as the main platform for European China-policy, form a leading group tackling strategic corruption and corrosive capital, and initiative a track 1.5 dialogue on China with Germany and the Visegrád Countries.
Topic:
Foreign Policy, Corruption, Human Rights, and European Union
Political Geography:
China, Europe, Asia, and Hungary

16. Extradition in the Criminal Procedural Legislation of Ukraine:" Compliance With The European Standards

Author:
Victoriia Rohalska, Oksana Bronevytska, and Gediminas Buciunas
Publication Date:
02-2022
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The importance of legal regulation of extradition in the system of legal aid in criminal proceedings is determined both by the national interests of states and the interests of international cooperation in combating transnational and international crimes. The objective of this paper was to get the answer to the main question of this research - Did the provisions of the law on extradition in Ukraine meet international standards? A set of general and special scientific, and philosophical methods of scientific research were used while preparing this article, to clarify the approaches to the extradition procedure of different countries and in practice. The results of the research suggested that the current criminal procedure legislation of Ukraine in the sphere of extradition generally meets European standards. Although, there are some gaps in the national legal regulation of extradition that may adversely affect the observance of the rights and freedoms of persons to whom it is applied.
Topic:
Human Rights, International Cooperation, International Law, European Union, and Extradition
Political Geography:
Europe and Ukraine

17. The geopolitics of technology: How the EU can become a global player

Author:
Julian Ringhof and José I. Torreblanca
Publication Date:
05-2022
Content Type:
Policy Brief
Institution:
European Council on Foreign Relations (ECFR)
Abstract:
Battles in the digital space have taken centre stage in today’s global power struggles. The EU cannot stay aside. To become a geopolitical actor, the EU needs to learn to play global technology politics and should adopt an ambitious digital diplomacy strategy. A digital diplomacy strategy will enable the EU to better defend its values, enhance its security, and foster digital markets at home and worldwide. To counter Chinese and Russian influence in the technology realm, the EU should build digital alliances with like-minded countries. The EU needs to seek greater convergence with the US and other Western allies, and offer the global south an attractive alternative path to digital development. For the European External Action Service and the European Commission to succeed in this task, the concurrence of the EU institutions, the member states, and a variety of private stakeholders is essential.
Topic:
Diplomacy, Human Rights, Science and Technology, European Union, Geopolitics, and Digital Policy
Political Geography:
Europe

18. A Comparative Analysis of Human Rights Protection in European Union and African Union Countries: An fsQCA Approach

Author:
Emmanuel Oluwatosin Adewusi and Ozker Kocadal
Publication Date:
08-2022
Content Type:
Journal Article
Journal:
Uluslararasi Iliskiler
Institution:
International Relations Council of Turkey (UİK-IRCT)
Abstract:
This study contributes to the human rights protection literature by using Fuzzy-set Qualitative Comparative Analysis (fsQCA) in the analysis of 76 cases composed of European Union and African Union countries. Results indicate that the ratification of treaties, establishment of human rights institutions, and high GDP per capita in the absence of rule of law, play crucial roles in the high rate of protection of human rights in Europe. In Africa, however, the low GDP per capita and absence of rule of law significantly weaken human rights protection. The analysis reveals that the establishment of human rights institutions is essential to protect human rights in Europe, while high GDP per capita and rule of law are paramount to improving human rights protection in Africa in relation to any institutional configuration, approach, or policy.
Topic:
Human Rights, Regional Cooperation, European Union, Humanitarian Crisis, and African Union
Political Geography:
Africa and Europe

19. Case Study 2. Bulgaria: "How Children's, Women's, and LGBT Rights Got Lost in Translation; The Development of the Most Effective Gender-Restrictive Movement in Eastern Europe

Author:
Juliana Martínez, Ángela Duarte, and María Juliana Rojas
Publication Date:
03-2021
Content Type:
Case Study
Institution:
Elevate Children Funders Group
Abstract:
The Istanbul Convention (IC) was the first European treaty to provide a comprehensive framework to address all forms of violence against women and girls. With wide support from across the political spectrum, the EU presented it to member states for ratification in 2011. Despite the endorsement of 18 European countries, Bulgaria became the first country to decide against ratifying it in 2018. Furthermore, the Bulgarian Constitutional Court declared the treaty unconstitutional. Though this decision took many by surprise, it was the culmination of years of work by gender-restrictive groups in the country. As a member of the European Union since 2007, Bulgaria is a signatory of multiple international declarations that protect LGBT,60 women’s, children’s, and human rights. However, over the last decade—and particularly since 2018—the country has also seen the rise of well-organized gender-restrictive groups that have successfully worked to curtail the advancement of human rights and gender justice.61 Bulgaria’s rejection of the IC was the first of a series of events that jeopardized human rights by directly undermining LGBT, women’s, and children’s rights.
Topic:
Human Rights, Children, Women, LGBT+, and Gender
Political Geography:
Europe, Eastern Europe, and Bulgaria

20. The Impact of the Repression in Xinjiang on China’s Relations with Other Countries

Author:
Marcin Przychodniak
Publication Date:
04-2021
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
The policy of repression of Uyghurs in Xinjiang has become a significant element of criticism of China in the world. In March this year, the EU, U.S., Canada, and the United Kingdom imposed sanctions on China over the matter. Moreover, the Netherlands, the U.S. and Canada described China’s actions as genocide. For China, however, its actions involving Uyghurs are a key element of domestic politics, which is why it presents accusations as disinformation. It has imposed counter sanctions, including on the EU, and their wide scope indicates that for China, Xinjiang is more important than, for example, the ratification of the Comprehensive Investment Agreement (CAI) with the EU.
Topic:
International Relations, Genocide, Human Rights, European Union, and Uyghurs
Political Geography:
China, United Kingdom, Europe, Canada, Asia, Netherlands, United States of America, and Xinjiang

21. The EU Global Human Rights Sanctions Regime: Prospects and Challenges

Author:
Elzbieta Kaca
Publication Date:
02-2021
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
The European “Magnitsky Act” adopted by the EU is a political signal that the Union wants to protect human rights in the world more effectively. It fixes the scope of sanctions application in this field, but it does not fundamentally change existing EU practices. Still, the challenges lie in the adoption of sanctions listings by a unanimous decision of the Member States and their subsequent effective implementation. The new system will be used for the first time to impose restrictions on those responsible for the detention of Alexei Navalny in Russia. It may also be used in cases of human rights violations in China or on the territory of conflict areas in the Eastern Partnership (EaP) region.
Topic:
Foreign Policy, Human Rights, Sanctions, and European Union
Political Geography:
Europe

22. The OSCE as Sisyphus: Mediation, Peace Operations, Human Rights

Author:
Philip Remler
Publication Date:
04-2021
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
Over the past decade, the Organization for Security and Co-operation in Europe (OSCE) has been returning to its origins as a Cold War–era Conference – a forum where states and blocs, often antagonistic to one another and espousing opposing ideals, can air their frictions and hostilities. The OSCE was created without legal personality and with the liberum veto of the consensus principle. These constraints stunted the growth of executive capabilities and bound the OSCE closely to the will of its participating States. That rendered most mediation efforts ineffective, especially where an OSCE state is both belligerent and mediator in the same conflicts. Peace operations have been more effective – notably the Special Monitoring Mission in Ukraine – but the same factors have tightly constrained its activity. Though all participating States committed themselves to democratic governance, rule of law and respect for human rights, these ideals failed in much of the former Soviet Union, and autocrats have used the organisation’s lack of legal personality and the consensus principle to hobble the OSCE’s efforts. If the OSCE’s participating States want it to remain an Organization, not a Conference, they must take action to secure its executive autonomy.
Topic:
Human Rights, Peacekeeping, Democracy, Conflict, and OSCE
Political Geography:
Russia, Europe, Eurasia, Ukraine, and Eastern Europe

23. Equal Rights as a Basis for Just Peace: a European Paradigm Shift for Israel/Palestine

Author:
Daniela Huber
Publication Date:
01-2021
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
Historically speaking, the European Community and then the European Union have always reacted with paradigm changes in their foreign policies to watershed moments in the Middle East. In response to the two Arab-Israeli wars in 1967 and 1973, the European Community actually set up its own foreign policy in the first place and initiated the Euro-Arab Dialogue. After the Camp David Accords, the nine foreign ministers came out with the Venice Declaration in 1980 which reminded its partners in Washington and Tel Aviv that the Palestine question had been ignored and set the parameters for diplomacy in the 1990s. After the Cold War, however, the European Union became absorbed into the so-called Middle East Peace Process (MEPP), resulting in less independent EU agency on Israel/Palestine. This trend has become particularly obvious over the past four years of the Trump presidency, during which time the EU seemed almost paralyzed. While Europeans are now counting on the incoming Biden administration, during the election campaign Joe Biden stated that he will leave the US embassy in Jerusalem and that he is also favourable of the normalization deals between Israel and certain Arab states which President Trump had pushed for. At the same time, the Biden team seems hesitant to return to negotiations.
Topic:
Diplomacy, Human Rights, Territorial Disputes, European Union, and Negotiation
Political Geography:
Europe, Middle East, Israel, and Palestine

24. The rule of law in Poland or the false argument about the primacy of European law

Author:
Eric Maurice, Emilie Malivert, and Ana Pasturel
Publication Date:
11-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
On 24 November, the Polish Constitutional Tribunal ruled that the European Convention on Human Rights was partially incompatible with the country's constitution. In July and October, it had issued similar rulings on the Treaty on European Union (TEU). This double decision comes as the European Commission suspended the approval of Poland's €36 billion recovery plan, including €23.9 billion in EU grants, due to concerns about the rule of law. On 19 November, the Commission also sent a letter to the Polish government as a prelude to the launch of a procedure that could lead to the suspension of EU funds under the budgetary conditionality regulation. The confrontation between the Polish government and the European institutions, primarily the Commission and the European Court of Justice, has been presented by the Polish government as a struggle of principle between the primacy of European law, which was allegedly being imposed excessively on Member States, with "the national legal order and the supreme force of the Constitution” being under threat. The Polish Prime Minister, Mateusz Morawiecki, explained that the implementation of EU law, as requested by the CJEU, would lead to "a fundamental lowering of the constitutional standards of judicial protection of Polish citizens, and unimaginable legal chaos". Beyond the grandstanding and responses in support of an effort to defend the sovereignty of peoples, it appears that the weakening of these constitutional norms in recent years in Poland is precisely what has led the Constitutional Tribunal to partly denounce the TEU (European Union) and the European Convention on Human Rights (Council of Europe), and that the quarrel over the primacy of European law is essentially a smokescreen to hide this situation.
Topic:
Human Rights, Sovereignty, Constitution, Rule of Law, Institutions, and Norms
Political Geography:
Europe and Poland

25. The Union’s external borders: a European debate revisited

Author:
Stefanie Buzmaniuk
Publication Date:
02-2021
Content Type:
Policy Brief
Institution:
Robert Schuman Foundation (RSF)
Abstract:
The management of the European Union's external borders is the subject of passionate debate in the European Parliament hemicycle and in many different media in Europe. It also features in a decision made by the European Court of Justice (CJEU) on December 17th 2020 stating that Hungary had been violating European law by turning back migrants as of 2015. Following the latest terrorist attacks on European soil, particularly in France and Austria in the autumn of 2020, the question of European cooperation in the protection of external borders has once again came to the fore. The work of Frontex, the European Border and Coast Guard Agency, has moreover been the focus of a debate regarding its practices and also its role in "pushbacks", the illegal refoulement of migrants. These debates are taking place just as Frontex is in full “metamorphosis”, as suggested by its Executive Director Fabrice Leggeri, since the Agency’s budget has increased significantly and its remit progressively strengthened. In a profoundly symbolic gesture, on 11th January 2021, Frontex unveiled its first official uniform: The Agency’s personnel will now be armed, a first in the Union’s history. It therefore seems appropriate to analyse in depth the complexities involved in managing the Union's external borders and to take a detailed look at Frontex's work. What meaning do these borders, which are primarily national in nature, have for the Union as a whole? What is the importance of an Agency like Frontex? Which challenges does it face in its mission? How can trust be restored between the Agency, the European institutions, the Member States, European citizens and migrants who wish to cross the Union's borders? And, more importantly, how do we reconcile the protection of human rights with the protection of borders?
Topic:
Human Rights, Migration, European Union, and Borders
Political Geography:
Europe

26. The Era of Dis-and-Misinformation Volume XXII, Number 1

Author:
Nicole Kalczynski, Rebecca Blaser, Nicholas J. Cull, Peter J. Phillips, Gabriela Pohl, Michael Christensen, Leonie Holthaus, Bohdan Harasymiw, Feeza Vasudeva, Nicholas Barkdull, Arthur D. Soto-Vásquez, Nadra Hashim, and Vincent Chenzi
Publication Date:
08-2021
Content Type:
Journal Article
Journal:
The Journal of Diplomacy and International Relations
Institution:
School of Diplomacy and International Relations, Seton Hall University
Abstract:
As the world continues to recover from the devastating fallout of the COVID-19 pandemic, navigating the harms of misinformation and disinformation remain at the forefront of global conversations on paving the path forward. Preventing the dissemination of false information—particularly during a time where the ways in which we engage with information environments have fundamentally changed—is increasingly complex. Social media platforms have enabled users to not only engage with media but become distributors of it themselves. When coupled with bad actors, limited repercussions, and poor content regulation, social networks are easily weaponized. At all scales of governance misinformation and disinformation campaigns pose a multidimensional threat. In Myanmar and China, disinformation campaigns were leveraged to target minority groups, while in Central and Eastern Europe, they serve as the cornerstone of destabilizing operations between adversarial states. In yet another facet, countries like Turkey, China, Russia, and Iran have embraced digital authoritarianism and restrict policies on internet accessibility under the pretext of stemming the spread of “fake news.” This year’s issue seeks to shed light on the nature of these evolving threats from a variety of innovative and understudied perspectives. This issue explores the causes and effects of the spread of misinformation and disinformation throughout different parts of the world and will be timely for years to come given the ever-increasing role and breadth of new technologies infiltrating people’s everyday lives.
Topic:
Corruption, Human Rights, Science and Technology, Authoritarianism, Democracy, Media, Internet, Social Media, Surveillance, COVID-19, Disinformation, Misinformation, and Fake News
Political Geography:
Russia, China, Europe, Iran, Sudan, Eurasia, Turkey, Ukraine, Middle East, India, Eastern Europe, Asia, Myanmar, Central Europe, and United States of America

27. Biden and Belarus: A strategy for the new administration

Author:
Anders Åslund, Melinda Haring, John Herbst, and Alexander Vershbow
Publication Date:
01-2021
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
United States President Joseph R. Biden Jr. has an historic opportunity to bring Europe together and reverse the tide of dictatorship by building an international coalition to support democracy in Belarus. In 2020, Belarusians unexpectedly called Alyaksandr Lukashenka’s legitimacy into question in the country’s August presidential election. Lukashenka brazenly rigged the results, claiming that he took 80 percent of the vote, but neither the United States nor the European Union (EU) recognizes his victory. A months-long protest movement has coalesced that demands new elections under the supervision of the international community. Recent years have seen no better chance for US leadership to facilitate lasting positive change in Europe than the crisis in Belarus. But how to secure democratic change in Belarus is not simple given internal resistance and Moscow’s determination to prevent another “color revolution.” Lukashenka is likely finished, unable to restore any authority or legitimacy. But he is seeking to hang on despite Moscow’s efforts to arrange a pliable replacement who would preserve Minsk’s pro-Russian orientation. Managing Moscow’s efforts to prevent an aroused citizenry from choosing their own leader is no easy task. Russia remains the key geopolitical player in Belarus, often plays the long game, and may be willing to countenance military options that the United States cannot. Perhaps the key fact is that Belarusians have made it amply clear that they want accountable leaders that they can choose and dismiss for themselves. More than thirty thousand peaceful protesters have been detained since August, more than three hundred and fifty police officers have defected, and ordinary Belarusians are no longer afraid to voice their opposition to the regime. Kremlin support for the ongoing repression risks turning the Belarusian people—historically friendly toward Russia—in a pro-European direction. These changes in Belarus are something that Moscow cannot ignore, and the United States and its allies must nourish and strengthen them in consistent ways that avoid and deter a Kremlin overreaction. Biden, with his long experience promoting US values and interests and his determination to strengthen transatlantic relations, is ideally situated to promote clear support for the people of Belarus that does not directly challenge Moscow’s security interests.
Topic:
Economics, Human Rights, Sanctions, and Democracy
Political Geography:
Europe, Belarus, and United States of America

28. Transatlantic tools: Harmonizing US and EU approaches to China

Author:
David Barkin and Agatha Kratz
Publication Date:
11-2021
Content Type:
Special Report
Institution:
Atlantic Council
Abstract:
Close cooperation between the United States and the European Union is essential if advanced economies are to develop effective responses to the array of challenges presented by China. Washington and Brussels share concerns regarding competitive distortions arising through the state’s role in the Chinese economy, the use of advanced technologies to repress ethnic minorities and fuel its military, and the spread of authoritarian influence through the Belt and Road Initiative (BRI). However, there has been a lack of coordination and cooperation in recent years between the US and EU when it comes to responding to China’s policies and behaviors. Washington’s focus on risks to US economic and national security contrasts with an emphasis in Brussels on ensuring reciprocity and leveling the economic playing field. But, with the transatlantic relationship back on a better footing under the Biden administration, new structures for transatlantic dialogue being put in place, and a greater focus on the Indo-Pacific in both Washington and Brussels, this paper argues there is now an opportunity for the United States and Europe to learn from each other and harmonize some of their China-related efforts.
Topic:
Human Rights, Markets, Sanctions, European Union, Regulation, Trade, and Transatlantic Relations
Political Geography:
China, Europe, and United States of America

29. Detention as the Default: How Greece, with the support of the EU, is generalizing administrative detention of migrants

Author:
Vasilis Papastergiou
Publication Date:
11-2021
Content Type:
Policy Brief
Institution:
Oxfam Publishing
Abstract:
Putting migrants and asylum seekers into detention for administrative reasons is a common practice in Greece, despite this policy contravening human rights. Greek authorities are using detention and the new EU-funded closed compounds as a way to discourage people from seeking asylum in Europe. Detention, as outlined in Greek law, should only be used as a final resort and only then in specific instances. Detention carries with it not only a financial cost, but also a considerable moral cost. Detention without just cause violates basic human rights, such as freedom of movement, the right to health and the right to family life. Alternatives to detention exist and must be prioritized.
Topic:
Human Rights, Humanitarian Crisis, Detention, and Migrants
Political Geography:
Europe and Greece

30. Turkey: A Problem Partner?

Author:
ELIAMEP
Publication Date:
04-2021
Content Type:
Working Paper
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
It was around the mid-2000s when Turkey—if only for a short period of time—promulgated the idea of “zero problems with neighbours”. At the time, Turkey was seeking positive reforms in all aspects of public life and a cooperative future with neighbouring countries based on mutual understanding and converging interests. Furthermore, Turkey imagined itself as a bridge between, not as a wall separating and isolating, different regions. Unfortunately, those days are long gone. For almost a decade now, Turkey has been reactionary in its treatment of its own citizens and solipsistic with regard to its neighbours. Democratic backsliding and human rights abuses inside Turkey have become the norm, while militarisation and unilateralism increasingly characterise its foreign policy choices. Its government actions have begun to resemble those of a rogue state. This report seeks neither to explain the intricacies of Erdoğan’s problematic behaviour towards its own people and the rest of the world, nor to denigrate Turkey’s standing. Rather, it aims to raise the alarm about the slippery slope Turkey finds itself on, hopefully well before his governance causes irreparable damage to the region. The report starts by presenting general aspects of Turkey’s relationship with international stakeholders, such as the EU and the US. It proceeds by mapping out internal developments that exemplify strong tendencies of democratic backsliding and human rights abuses. The third part focuses on regional aspects of Turkey’s foreign policy behaviour, starting with the most severe cases that epitomize the militarisation of its foreign policy and violations of international law. It concludes with various cases of political differences between Turkey and states on its periphery, which, combined with the other more severe cases described, demonstrate how Turkey’s foreign policy expectations of ‘zero problems with neighbours’ have turned into a ‘zero neighbours’ reality.
Topic:
Foreign Policy, Human Rights, Recep Tayyip Erdoğan, and Domestic Policy
Political Geography:
Europe, Turkey, Middle East, and Mediterranean

31. Humanitarian VISAs

Author:
Eleni Kritikopoulou
Publication Date:
05-2021
Content Type:
Working Paper
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
The X and X decision of the European Court of Justice highlighted the gap in current EU law regarding human rights protections in entry procedures. Currently over 90% of those granted refugee status in the EU arrive through irregular means. There is an increasing need for a new form of visa, specifically to accommodate humanitarian matters, which are not currently covered by the pre-existing Schengen rules. For limited numbers, consulates of EU states would be empowered to issue Visas for asylum seekers in order to legally cross EU borders to launch an asylum application. Research shows that the economic costs for the implementation of this humanitarian visa system would be minimal and that the political and humanitarian benefits would be significant.
Topic:
Human Rights, Migration, European Union, and Asylum
Political Geography:
Europe

32. The EU-Turkey Visa Liberalization Saga: Lessons from the European Neighborhood

Author:
Ioannis N. Grigoriadis and Ayşe Tuba Uslu
Publication Date:
06-2021
Content Type:
Working Paper
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
This policy paper co-authored by Ioannis Grigoriadis, Senior Research Fellow of ELIAMEP and Head of its Turkey Programme, and Ayşe Tuba Uslu, Senior at the Department of International Relations of Bilkent University, lays out the main challenges for the successful conclusion of the Visa Liberalization Dialogue (VLD) between the European Union and Turkey. It examines the impact of democratic backsliding, the decline of the rule of law, fundamental rights and divergence in the legal framework regarding organized crime and anti-terrorism on the VLD and highlights the mistrust that has developed between the parties. Through a comparison between Ukrainian, Georgian, Moldovan and Turkish VLDs, it aims to highlight how the VLD could come to a successful conclusion.
Topic:
Human Rights, Migration, Rule of Law, Visa, and Liberalization
Political Geography:
Europe, Turkey, Ukraine, Moldova, Middle East, Georgia, and Mediterranean

33. EU return sponsorships: High stakes, low gains

Author:
Florian Trauner and Olivia Sundberg Diez
Publication Date:
01-2021
Content Type:
Working Paper
Institution:
European Policy Centre (EPC)
Abstract:
The concept of ‘return sponsorships’ is the most novel of the New Pact on Migration and Asylum’s proposals. It is also proving to be one of the most controversial in the negotiations. With this proposal, the Commission set out to resolve the discussion between member states on responsibility-sharing in migration matters, and simultaneously increase the number of migrants returned to their country of origin. Under the new scheme, member states would have to support other EU countries facing migratory pressure. If, however, they oppose the option of relocating asylum seekers, they can ‘contribute’ by facilitating the returns of migrants who lack permission to remain in Europe instead. But making this idea work in practice will not be straightforward. In unpacking the return sponsorship mechanism, Olivia Sundberg Diez and Florian Trauner have reached the following five conclusions: 1) Existing conflicts between member states over responsibility-sharing will not be settled but transposed onto discussions about the precise requirements of return sponsorship, in particular, the transfer of migrants within Europe if returns are unsuccessful. 2) The flexibility embedded in the solidarity mechanism comes at the expense of tangible support for EU border states, who continue to shoulder a disproportionate amount of the responsibility to receive and process new arrivals. 3) Matching the preferred contributions of a sponsor with a border state’s needs will be extremely complex in terms of administration, and effective enforcement tools are lacking. Repeated delays and the politicisation of solidarity processes are likely, giving member states many opportunities to shift and shirk their responsibilities. 4) Return sponsorships may create new human rights risks for migrants ordered to return, both in and outside of the EU. 5) The return sponsorship concept relies on returns being done faster and in far greater numbers. This is far from certain: many third countries, for one, will remain reluctant to readmit their own nationals. The Commission is taking a considerable risk with the return sponsorship proposal while the potential gains are modest. If the proposal is to move forward, negotiators should prioritise strengthening the predictability and tangibility of support provided by the solidarity mechanism to the EU’s border states, ensure that return sponsorships do not lead to new human rights violations, and avoid inflated expectations regarding the impact of the growing use of conditionality on returns.
Topic:
Human Rights, Migration, European Union, Borders, and Asylum
Political Geography:
Europe

34. Finland Elected to the UN Human Rights Council: Hard Work and Responsibility are Key to a Successful Membership

Author:
Katja Creutz
Publication Date:
10-2021
Content Type:
Commentary and Analysis
Institution:
Finnish Institute of International Affairs
Abstract:
Finland will be a member of the UN Human Rights Council, whose task is to promote and protect human rights. The outlook seems gloomy for the upcoming three-year period, with human rights coming under increasing pressure. Finland needs to be active, and to consider taking the lead on the situations in different countries.
Topic:
Human Rights, International Cooperation, United Nations, Leadership, and UN Human Rights Council (HRC)
Political Geography:
Europe and Finland

35. Back to democracy: Europe, Hamas, and the Palestinian elections

Author:
Hugh Lovatt
Publication Date:
03-2021
Content Type:
Policy Brief
Institution:
European Council on Foreign Relations (ECFR)
Abstract:
Palestinian elections are on track to take place during the coming months – for the first time in over a decade. The EU and the US have a decisive role to play in ensuring the electoral process succeeds. In doing so, they can support Palestinian political renewal and improve prospects for a sustainable peace agreement with Israel. Within Hamas, moderates have gambled on elections. The movement – along with Fatah – is looking for new avenues for political engagement given the increasingly inauspicious regional and international context. The EU and the US must: commit to respecting the outcome of the Palestinian elections; persuade Israel to support a free, fair, and inclusive process; and pursue a constructive relationship with any new government that pledges respect for democracy, human rights, and international law.
Topic:
Human Rights, International Law, Authoritarianism, Elections, Democracy, and Hamas
Political Geography:
Europe, Israel, and Palestine

36. Is EU leading the way to becoming a global change in business and human rights?

Author:
Leonor Tavares
Publication Date:
03-2021
Content Type:
Special Report
Institution:
Europeum Institute for European Policy
Abstract:
In the latest EU Monitor Leonor Tavares examines how human rights issues are reflected in the European Union's negotiations and what kind of development could be expected in this area. The pandemic has exposed even more the vulnerabilities of our economic model and underlined the precarious nature of global value chains, demanding us to create better solution. We reached the point, where there is no other option, besides changing the system, meaning that EU has a major responsibility to stop importing human rights and environment violations through the consumption of goods hailing from areas where European standards/values are not respected, and this proposal is a recognition of that reality.
Topic:
Development, Economics, Environment, Human Rights, and European Union
Political Geography:
Europe

37. Towards cutting-edge European humanitarian leadership

Author:
Jean-Louis De Brouwer and Edouard Rodier
Publication Date:
03-2021
Content Type:
Policy Brief
Institution:
EGMONT - The Royal Institute for International Relations
Abstract:
Added to the already enormous challenges faced by the humanitarian system and its constituent parts (proliferation of conflict and non-state actors, climate stress, mass migration, ...), the global Covid-19 pandemic coupled with repeated assaults on the basic tenets of multilateralism have brought existing systems to a breaking point, if not irrelevance. Traditional principled humanitarian positioning has fallen short of engaging with or addressing nefarious global political trends with dramatic effects. The result has been inequitable access to life saving support to those who need it most, risk transfers, and overall reduced capacity for aid agencies to meet growing challenges. A paradigm shift is needed. The imminent Communication of the European Commission on humanitarian aid is an opportunity to clarify perimeters, reaffirm with force the authority of IHL and take the measure of how much the EU can leverage support to strengthen principled humanitarian action across the world. It should set the frame to address structural tensions that require more thinking and interactions and create at EU level a space for non- institutional and informal dialogue.
Topic:
Human Rights, International Cooperation, European Union, Leadership, Institutions, Pandemic, and COVID-19
Political Geography:
Europe

38. Refugees at the gate of Europe

Author:
Angeliki Dimitriadi
Publication Date:
04-2020
Content Type:
Policy Brief
Institution:
Hellenic Foundation for European and Foreign Policy (ELIAMEP)
Abstract:
The recent crisis in Evros brought back to the fore the issue of immigration and Turkey’s role in its instrumentalization. The EU-Turkey Statement has not had the expected outcomes. Rather it showed that prevention policies and the outsourcing of migration management strengthens transit countries such as Turkey, without resulting in a a steady reduction in flows. Greece remains a country that bears a disproportionate burden of responsibility due to its geographical location. At the same time, it has delayed in the planning of a holistic immigration policy, which should aim, among other things, to ensure human living conditions, substantial access to asylum and result in the integration of those who will remain in the country. COVID 19 will bring about significant socioeconomic changes globally as well as impact human rights. Practices of the past do not necessarily fit for the new reality and this is the biggest challenge for Greece and the EU; a willingness to move forward by investing on migration within Europe and beyond. It will not be easy, and it will come at a high financial (and likely political) cost. The pandemic makes any long-term commitments seem impossible, however the alternative scenario, of deterrence and outsourcing is already proving insufficient. Balancing the scales is a challenge which the EU cannot afford to lose.
Topic:
Human Rights, Migration, European Union, Refugees, and COVID-19
Political Geography:
Europe, Turkey, Greece, and Mediterranean

39. UN Treaty Body Promotes BDS at Urging of Norwegian NGO

Author:
Anne Herzberg
Publication Date:
04-2020
Content Type:
Commentary and Analysis
Institution:
The Begin-Sadat Centre for Strategic Studies (BESA)
Abstract:
UN treaty bodies are increasingly violating their mandates as part of discriminatory anti-Israel campaigns. In March 2020, the UN Committee on Economic Social and Cultural Rights (CESCR) embraced this disturbing trend by adopting a BDS agenda after being convinced to do so by the NGO Norwegian People’s Aid (NPA).
Topic:
Human Rights, Politics, United Nations, BDS, and NGOs
Political Geography:
Europe, Middle East, Israel, Norway, and Palestine

40. Libya Agreement’s Impact on Italy’s Migration Policy

Author:
Katarzyna Michalska and Małgorzata Pawłowska
Publication Date:
02-2020
Content Type:
Special Report
Institution:
The Polish Institute of International Affairs
Abstract:
The migration agreement concluded in 2017 between Italy and Libya helped stem the refugee and mass-migration crisis. The agreement, with minor amendments, was extended on 4 November 2019 until the end of 2021. However, its implementation has resulted in human rights violations, which is contrary to EU values and law. Italy will not quit the deal because it views it as an effective instrument for reducing irregular migration.
Topic:
Human Rights, International Law, Migration, Treaties and Agreements, and Refugees
Political Geography:
Europe, Libya, North Africa, and Italy

41. How did Serbia unite Chomsky, Mironov and Fukuyama? Engaging with the New Despotism

Author:
Vedran Dzihic and Gazela Pudar Drasko
Publication Date:
08-2020
Content Type:
Working Paper
Institution:
Austrian Institute for International Affairs (OIIP)
Abstract:
It is difficult to imagine what could unite Jürgen Habermas, Francis Fukuyama, Judith Butler, Noam Chomsky, Martha Nussbaum, Michael Walzer, Yuval Noah Harari and Vladimir Mironov.1 However, the renowned Institute for Philosophy and Social Theory in Belgrade (IFDT), founded to settle dissident intellectuals expelled from the university for their involvement in the Yugoslav 1968 protests, managed to do so. An international appeal has reached us in the past few days which has revealed once more the ongoing clandestine attack on freedom of thought and academic autonomy in Serbia. Unfortunately, Serbia is not alone in democratic backsliding, neither in Southeast Europe or Europe more generally, nor at the global level. Democracy has been openly challenged in several EU states, while the most recent developments in the USA have revealed the depth of internal fractures in American liberal democracy. Thus, it is not surprising that the Southeast European region (SEE) - a post-conflict, semi-peripheral area in Europe - faces growing illiberalism and varying types of competitive authoritarianism and new despotism.
Topic:
Human Rights, Law, and Authoritarianism
Political Geography:
Europe and Serbia

42. Reinventing Transatlantic Relations on Climate, Democracy, and Technology

Author:
Erik Brattberg
Publication Date:
12-2020
Content Type:
Working Paper
Institution:
Carnegie Endowment for International Peace
Abstract:
To get the transatlantic relationship back and on track and to ensure that it will remain relevant in the future, the United States and the European Union should prioritize putting forward concrete ideas and taking actionable steps on climate and energy, democracy and human rights, and digital technology issues. While the election of Joe Biden to the U.S. presidency presents an opening to restore the transatlantic relationship after Donald Trump, the real question facing U.S. and European officials is whether they can successfully manage to advance a new transatlantic agenda for the coming decade. Three pivotal areas where cooperation has fallen short in recent years but where there is now significant potential to do more are climate and energy, democracy and human rights, and digital technology issues. Representing the most pressing challenges our societies are facing in the twenty-first century, progress in these three areas could also help rebuild trust and promote cooperation in other policy areas. To get the transatlantic relationship back and on track and to ensure that it will remain relevant in the future, the United States and the European Union should therefore prioritize putting forward concrete ideas and taking actionable steps in each of these areas over the coming four years.
Topic:
Climate Change, Human Rights, Science and Technology, Democracy, and Transatlantic Relations
Political Geography:
Europe and United States of America

43. Protection or Interference? The Legitimacy of Contemporary Humanitarian Interventions and the Engagement of Nonhegemonic Powers

Author:
Daniel Campos de Carvalho
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Contexto Internacional
Institution:
Institute of International Relations, Pontifical Catholic University of Rio de Janeiro
Abstract:
In this article, we use the notion of legitimacy to analyse shifts in global humanitarian interventions since the 1990s, culminating in the contested adoption of the Responsibility to Protect (R2P) framework under the United Nations umbrella in 2005. We assess how this important shift was disputed with narratives of protection and interference, and argue that the engagement of non- hegemonic actors (specifically Brazil and Russia) with the scope of humanitarian protection has influenced the substantive legitimacy of this global governance issue over the past three decades by creating a norm-making proce
Topic:
Human Rights, Governance, Humanitarian Intervention, and Legitimacy
Political Geography:
Russia, Europe, Brazil, and South America

44. Security vs. Human Dignity: The Migratory Crisis is Knocking on the Door of the Fortress ‘Europe’

Author:
Carlos Espaliú Berdud
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
In view of the magnitude of the migration crisis, the SEGERICO research group at the Nebrija University in Madrid organised a call for papers, inviting all interested researchers to join us in the reflection on these relevant events, which we wanted to describe metaphorically in the image of the migration crisis knocking on the door of Fortress ‘Europe’. As a result of this reflection, we present to the general public, and to the scientific community in particular, a selection of six articles that address specific aspects of this crisis of human dignity and security, but that together provide a global and multi-faceted image of it, in accordance with the composition of our research group.
Topic:
Human Rights, Migration, Governance, European Union, and Refugees
Political Geography:
Europe

45. Can Religious Human Rights Discourses Help Integrating Muslim Migrant Communities Across Europe?

Author:
Sonia Boulos
Publication Date:
05-2020
Content Type:
Journal Article
Journal:
Journal on International Security Studies (RESI)
Institution:
International Security Studies Group (GESI) at the University of Granada
Abstract:
The perception of Islam as antithetical to European human rights values is widespread in Europe. Such perceptions complicate the task of integrating Muslim minorities across Europe. While incrementing respect to human rights norms among migrant communities is an important element of any integration policy, this goal should not be perused by forcing migrant communities to adhere to human rights norms based on purely secular grounds. The drafting history of the Universal Declaration of Human Rights is the ultimate proof that human rights can be justified from different political, philosophical and religious perspectives. While European States cannot compromise their commitment to human rights, even in relation to migrant communities, still, they must allow other narratives on the importance and the meaning of human rights to emerge. Muslim migrant communities must be allowed to engage in intra-group religion-based dialogues to reevaluate their stance on human rights and to debate their meaning. After being given the opportunity to engage in internal debates on the significance of human rights, Muslim migrant communities should also be engaged in cross-cultural dialogues with the rest of community to generate a wider agreement on the meaning and the application of human rights. This two-fold strategy is consistent with the principle of subsidiarity, which suggests that for human rights be effective they must be seen as legitimate by all those small groups that are close to the individual. Such legitimacy cannot be imposed from the outside, it must emerge from within these small groups. However, for these intra-group and cross-cultural dialogues to succeed, the separation of religion and State cannot be understood as the complete exclusion of religion from the public sphere. Individuals of different philosophical or religious convictions must have an equal access to public debates on the centrality of human rights in the European legal order.
Topic:
Human Rights, Islam, Religion, Culture, and Integration
Political Geography:
Europe

46. The new China consensus: How Europe is growing wary of Beijing

Author:
Janka Oertel
Publication Date:
09-2020
Content Type:
Policy Brief
Institution:
European Council on Foreign Relations (ECFR)
Abstract:
Since the onset of the covid-19 crisis, there has been a new convergence of EU member states’ assessment of the challenges China poses to Europe. The Sino-European economic relationship lacks reciprocity, and there are mounting concerns within the EU about China’s assertive approach abroad, as well as its breaches of international legal commitments and massive violations of human rights in Hong Kong and Xinjiang. Overall, there is growing scepticism about the future trajectory of the relationship, which provides an opportunity for a more robust and coherent EU policy on China. In its remaining months, the German Council presidency could use this momentum to create institutional structures to improve the EU’s capacity to act. In doing so, it will be crucial to ease concerns about Franco-German dominance of the China agenda – especially those of eastern and southern European countries – while enabling all member states to become more engaged in shaping the EU’s future approach to China.
Topic:
International Relations, Human Rights, European Union, Economy, and COVID-19
Political Geography:
China, Europe, and Asia

47. Are Agri-Food Workers Only Exploited in Southern Europe?

Publication Date:
07-2020
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
In recent years, several studies have reported on the exploitation endured by migrant workers in Southern European Union member states—especially in sectors such as agriculture and food production. However, there has been much less focus on the North. New research now shows that agri-food workers in Northern Europe also face poor and even abusive conditions. In this light, Are Agri-Food Workers Only Exploited in Southern Europe? focuses on production in Germany, Netherlands, and Sweden. These three EU member states have stronger social protections than Italy, Spain or Greece—yet the dynamics driving wage compression and the violation of workers’ rights are like those in Southern Europe. This publication provides recommendations on how the EU and national governments can act to make Europe’s agri-food system more sustainable, benefiting farmers, consumers, workers, and the environment.
Topic:
Agriculture, Environment, Human Rights, Labor Issues, Sustainability, Farming, Exploitation, and Consumerism
Political Geography:
Europe, Northern Europe, and Southern Europe

48. Roma in the COVID-19 Crisis

Author:
Neda Korunovska and Zeljko Jovanovic
Publication Date:
04-2020
Content Type:
Case Study
Institution:
Open Society Foundations
Abstract:
Roma communities in Europe face a much higher risk of death from COVID-19, as their situation, already marked by extreme racism and poverty, has been worsening in the last decade. However, the European Union member states covered in this policy brief—Bulgaria, Hungary, Italy, Romania, Slovakia, and Spain—have not responded with proportionate support. This brief argues that the COVID-19 crisis and the EU’s recovery plan in response both present an opportunity to improve the conditions of Europe’s Roma—not only in terms of rights, obligations, needs, but in the interests of sound political and economic decision-making across the region.
Topic:
Economics, Health, Human Rights, Health Care Policy, Social Policy, Public Health, Pandemic, and COVID-19
Political Geography:
Europe, Bulgaria, Romania, Hungary, Spain, Italy, and Slovakia

49. Do We Need an EU Ethical Food Label?

Author:
Giorgia Ceccarelli and Daniele Fattibene
Publication Date:
09-2020
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Eradicating the exploitation of agri-food workers, promoting fairer food supply chains, and offering consumers effective tools to make truly informed food choices remain huge challenges in Europe. This report highlights the limitations of relying solely on food labelling schemes to meet these goals, and finds that voluntary certification schemes do not adequately enforce regulations or protect human rights. The report also argues, however, that the EU can use a number of tools to foster more just food supply chains, with ethical labels playing a role in that process as part of a “smart mix” of measures. The case studies in this report show that it is possible to have increased transparency in food labelling and supply chains, as well as better protections of workers in Europe and throughout the world. Additionally, the report explains how the EU can play an important role in providing food businesses with clear regulatory frameworks to ensure their operations do not harm workers or the environment.
Topic:
Environment, Health, Human Rights, Labor Issues, Food, Regulation, and Business
Political Geography:
Europe

50. The French Revolution, Napoleon, and the Jews

Author:
Michael Nutkiewicz
Publication Date:
12-2020
Content Type:
Working Paper
Institution:
India International Centre (IIC)
Abstract:
This paper brings together ideas from several interests: the Western political tradition, Jewish history and human rights. The issues addressed are: • Why theFrenchRevolutionwas awatershed in theWestern political tradition. • The debate before and during the Revolution known as ‘The Jewish Question’, and Napoleon’s role in that debate. • The ambiguous resolution of the ‘Jewish Question’. • The legacy and implications for today regarding the relationship between the state and religion in the West.
Topic:
Human Rights, History, Jewish community, French Revolution, and Napoleon Bonaparte
Political Geography:
Europe and France

51. War’s Elusive End – The Yemen Annual Review 2019

Author:
Sana'a Center for Strategic Studies
Publication Date:
01-2020
Content Type:
Special Report
Institution:
Sana'a Center For Strategic Studies
Abstract:
The Yemen Review – formerly known as Yemen at the UN – is a monthly publication produced by the Sana’a Center for Strategic Studies. Launched in June 2016, it aims to identify and assess current diplomatic, economic, political, military, security, humanitarian and human rights developments related to Yemen. In producing The Yemen Review, Sana’a Center staff throughout Yemen and around the world gather information, conduct research, and hold private meetings with local, regional, and international stakeholders in order to analyze domestic and international developments regarding Yemen. This monthly series is designed to provide readers with contextualized insight into the country’s most important ongoing issues.
Topic:
Security, Human Rights, Politics, United Nations, European Union, Drones, Conflict, Houthis, and Coalition
Political Geography:
Europe, Middle East, Yemen, Saudi Arabia, and United States of America

52. The War Over Aid – The Yemen Review, January/February 2020

Author:
Sana'a Center for Strategic Studies
Publication Date:
02-2020
Content Type:
Special Report
Institution:
Sana'a Center For Strategic Studies
Abstract:
The Yemen Review Launched in June 2016, The Yemen Review – formerly known as Yemen at the UN – is a monthly publication produced by the Sana’a Center for Strategic Studies. It aims to identify and assess current diplomatic, economic, political, military, security, humanitarian and human rights developments related to Yemen. In producing The Yemen Review, Sana’a Center staff throughout Yemen and around the world gather information, conduct research, hold private meetings with local, regional, and international stakeholders, and analyze the domestic and international context surrounding developments in and regarding Yemen. This monthly series is designed to provide readers with a contextualized insight into the country’s most important ongoing issues.
Topic:
Security, Human Rights, Politics, United Nations, Foreign Aid, Conflict, Houthis, and Military
Political Geography:
Europe, Middle East, Yemen, and United States of America

53. War and Pandemic – The Yemen Review, April 2020

Author:
Sana'a Center for Strategic Studies
Publication Date:
05-2020
Content Type:
Special Report
Institution:
Sana'a Center For Strategic Studies
Abstract:
The Yemen Review Launched in June 2016, The Yemen Review – formerly known as Yemen at the UN – is a monthly publication produced by the Sana’a Center for Strategic Studies. It aims to identify and assess current diplomatic, economic, political, military, security, humanitarian and human rights developments related to Yemen. In producing The Yemen Review, Sana’a Center staff throughout Yemen and around the world gather information, conduct research, hold private meetings with local, regional, and international stakeholders, and analyze the domestic and international context surrounding developments in and regarding Yemen. This monthly series is designed to provide readers with a contextualized insight into the country’s most important ongoing issues.
Topic:
Security, Human Rights, Politics, United Nations, Food Security, Economy, Conflict, COVID-19, and Military
Political Geography:
Europe, Middle East, Yemen, and United States of America

54. Towards a More Principled European China Policy?

Author:
Stephan Frühling
Publication Date:
11-2020
Content Type:
Special Report
Institution:
Institut français des relations internationales (IFRI)
Abstract:
Promoting political values (democracy, human rights and the rule of law) in China is a colossal undertaking, but the EU could be more effective than we think. To do so, it must act strategically, in unity, and in concert with like-minded partners. It must also strengthen its record of upholding political values and reform its procedures for foreign policy decision-making. On 30 June 2020, China adopted a National Security Law for the Hong Kong Special Administrative Region that not only undermines human rights and the rule of law that were promised to its citizens, but also violates international law. A few weeks before, when China’s intention became public, the European Union reacted cautiously, expressing concern but clarifying that the introduction of the law would not adversely affect its relations with China. The EU’s first reaction fell far short of statements released by the United States, the United Kingdom and Australia, among others. But the EU’s reaction grew more critical over time. The first EU institution to adopt a tougher approach was the European Parliament. Shortly after, the European Commission and – to a lesser extent – the European Council followed with statements by its presidents after the EU-China summit held on 22 June 2020. This episode could turn out to be exemplary for the role of political values in the European Union’s relations with China. China and Europe have fundamentally divergent political values, even though they often use the same terminology. For a long time, many Europeans believed that China’s definition of democracy, human rights and the rule of law –, the three constitutive values enshrined in the Treaty of the European Union – would ultimately converge with the European understanding. This has not turned out to be the case. China is growing more self-confident, not only defending but starting to spread its own definitions of the triad of political values. This comes at a time when the EU is realigning its China policy more generally. The new European Commission strives to be a “geopolitical” entity strategically engaging to achieve concrete results in its bilateral relations with China. The starting point of this shift is the 2019 “Strategic Outlook” developed by the European External Action Service, which defines China not only as a “partner”, but also a “competitor” and a “systemic rival”. On political values, China clearly is a “systemic rival”. The crucial question is whether “systemic rivalry” in the field of political values carries implications for other policy fields in which the EU and China are partners or competitors. A general consensus that the EU should adopt a more principled China policy and defend and promote its political values spells out very differently across EU institutions. By institutional design, the European Council is a pragmatic rather than principled institution. Compromise resulting from bargaining among member states with different interests shapes its approach. At the other end of the spectrum, the European Parliament serves a principled watchdog function, but has very limited competencies in foreign and security affairs. The European Commission strives to overcome the decades-old challenge of policy silos resulting from its fragmented institutional structure and the more than 60 sectoral dialogues with China. This carries the potential to turn more principled. However, to this day it is not clear whether the European Commission will make the promotion of political values a policy priority even if this comes at the cost of economic cooperation. This paper outlines ongoing debates on the EU’s new China policy and the role of political values in it, and provides 25 concrete policy recommendations for a more principled China policy that defends and promotes democracy, human rights and the rule of law.
Topic:
Foreign Policy, Human Rights, Democracy, and Rule of Law
Political Geography:
China, Europe, and Asia

55. A Blacklist is (Almost) Born: Building a resilient EU human rights sanctions regime

Author:
Clara Portela
Publication Date:
03-2020
Content Type:
Policy Brief
Institution:
European Union Institute for Security Studies
Abstract:
In December 2018, the Council of the European Union initiated discussions about the creation of a new sanctions regime designed to address gross human rights violations, following a proposal from the Netherlands. So far, the EU only operates three thematic sanctions regimes: those targeting terrorism, cyberattacks and chemical weapons attacks. Unlike classical sanctions packages addressing crises in specific countries, such as Guinea or Venezuela, horizontal sanctions regimes apply to individuals and entities considered to have committed severe human rights abuses. Once approved, the planned blacklist is set to become the EU’s fourth horizontal sanctions regime, enlarging its vast body of autonomous sanctions regimes, i.e. restrictions adopted in the absence of a United Nations Security Council (UNSC) mandate. Over a year after the initial Dutch proposal was tabled, the sanctions regime is still under discussion, which contrasts with the rapid adoption of previous thematic regimes. On first inspection, the slow pace of preparations is puzzling: the vast majority of EU sanctions regimes were traditionally imposed in response to human rights breaches.3 Most EU autonomous sanctions regimes currently in force cite human rights violations as the rationale for their adoption. Indeed, the emphasis on human rights as a key motivation for the imposition of sanctions sets EU autonomous sanctions apart from the practice of other international sanctions senders like the United Nations (UN).4 Given that the promotion of human rights is a centrepiece of EU foreign policy, consensus among member states in support of such a regime should be forthcoming. If human rights breaches constitute the dominant motivation for the imposition of EU autonomous sanctions, what is holding up the approval of the prospective regime? Designing a horizontal sanctions regime in the EU is a much harder task than meets the eye. The present Brief aims to unravel the challenges that make it difficult for this regime to take shape, and suggests ways in which the obstacles identified may be surmounted or, at the very least, mitigated.
Topic:
Human Rights, Sanctions, European Union, and Transnational Actors
Political Geography:
Europe and Global Focus

56. TIME TO STEP UP EU MEDIATION?

Publication Date:
06-2020
Content Type:
Special Report
Institution:
European Institute of Peace (EIP)
Abstract:
The need and scope for conflict resolution and mediation is going up. The numbers of people affected by violence and conflict is increasing. The world is disfigured by prolonged, internationalised civil wars and growing civil unrest. Great power politics are resurgent, the conventions regulating states’ behaviour are fraying, and international law and human rights are being eroded. Profound demographic and climatic changes, the emergence of new technologies and of threats are changing the global landscape in ways that should bring humanity together but too often are exploited for commercial and political gain, driving insecurity and a sense of injustice. The EU has an enormous role to play in this context. It is a powerful global actor pursuing multiple objectives on the world stage. It is committed to human rights, gender equity, sustainable development and a rules based global order, and to supporting others that are taking action, whether inter- governmental and regional bodies such as the UN and AU, or civil society including at the very local level. But the EU also recognises, as the High Representative has put it, the need to learn “to use the language of power”, to deploy its capabilities, whether political, security, economic or regulatory, more strategically to shape reality, address the agents and drivers of violence, and secure peace. So what should the EU’s role in mediation be in this context? The review of the EU’s concept on mediation provides an excellent opportunity to generate debate and to define the parameters of the future of EU mediation frameworks. This study provides a snapshot of the views within the Brussels diplomatic and policy community. Even within this relatively confined universe, there is a very broad diversity of opinions.
Topic:
Conflict Resolution, Conflict Prevention, Civil War, Human Rights, Peacekeeping, European Union, Sustainability, Mediation, and Civil Unrest
Political Geography:
Europe

57. A new transatlantic bargain: An action plan for transformation, not restoration

Author:
Julien Barnes-Dacey, Susi Dennison, Anthony Dworkin, Ellie Geranmayeh, Mark Leonard, Theodore Murphy, Janka Oertel, Nicu Popescu, and Tara Varma
Publication Date:
11-2020
Content Type:
Policy Brief
Institution:
European Council on Foreign Relations (ECFR)
Abstract:
The election of Joe Biden marks a new era in the transatlantic relationship – in upholding the liberal international order, America wants a Europe that is a sovereign partner, not a helpless dependent. Washington will look to the EU to support the US lead in the Indo-Pacific vis-à-vis China, while also wanting Europe to take more responsibility for security and stability in eastern Europe, the Middle East, and Africa. In exchange, the EU and member states should propose a new transatlantic bargain that encompasses cross-cutting global issues such as health policy, trade, security, climate change, and the defence of democracy. The Trump years galvanised Europeans’ efforts to strengthen their own sovereignty; they now need to agree concrete offers they can make to the new administration. This will require nothing less than a fundamental change in mindset for Europeans, who will have to suppress any hankerings for the old order and decide how they will help build it anew.
Topic:
Security, Climate Change, Human Rights, International Cooperation, European Union, Trade, and Transatlantic Relations
Political Geography:
Europe and United States of America

58. Factsheet: Saida Keller-Massahli

Author:
Bridge Initiative Team
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
The Bridge Initiative, Georgetown University
Abstract:
Saïda Keller-Messahli is a self-described Islamic human rights activist of Tunisian-Swiss heritage who is among the most prominent voices mainstreaming Islamophobia in Switzerland. She is frequently featured as an interviewee by Swiss media and has often been invited to Austrian state agencies as a public voice and “expert” to support discriminatory policies against Muslims.
Topic:
Human Rights, Islam, Islamophobia, and Saida Keller-Massahli
Political Geography:
Europe and Switzerland

59. The Georgian Herald Samizdat Journal

Author:
Aleksandra Gryzlak
Publication Date:
01-2019
Content Type:
Journal Article
Journal:
Warsaw East European Review (WEER)
Institution:
Centre for East European Studies, University of Warsaw
Abstract:
From the very beginnings of Soviet rule in Georgia, the communists were not very popular throughout Georgian society and treated as occupants. Almost all active forms of resistance ceased to exist after the bloody suppression of the August Uprising of 19241. The massive purge of the Georgian intelligentsia that followed deprived the nation of its patriotic elites. Only after the death of Stalin and in the wake of Nikita Khrushchev’s famous speech in 1956, did the situation change. Khrushchev’s words of accusation and criticism, leveled at Stalin for his cult of personality and other mistakes, were treated in Georgia as an attack on their nation and an element of Russian chauvinism. It gave rise to a series of mass protests in Tbilisi in March 1956, that were brutally dispersed by the army. Approxi- mately 150 people died as a result2. During the 1950s and 60s, Vasilii Mzhavanadze was the leader of the Georgian Com- munist Party. In keeping with Khrushchev’s strategy of somewhat reduced control over the national republics, one could observe a consolidation of power by the ruling elite in Geor- gia3. This led to the spread of corruption, bribery and other illegal economic operations. Despite a weak economy, according to official statistics, the average Georgian’s savings in the 1970s were nearly twice that of the average Russian. Also, during this time, a very high number of educated specialists – who while graduating, did not take job assignments were still able to live reasonably well. Another phenomenon characteristic for the 1950s and 60s was a growing sense of nationalism. Symptoms of this included a relatively small number of national minority representatives able to gain access to higher education in the Georgian Republic, as well as clear-cut Georgian control over local and national party structures. The situation did not change after the fall of Khrushchev.4 Only in the early 1970s, did things start to change. In 1972, the key position of the First Secretary of the Georgian Communist Party was passed to the former Minister of the Inte- rior – Eduard Shevardnadze, who began his rule with a broad campaign against corruption, overgrown bureaucracy, nepotism, and the so-called “second economy” (black market). Harsh administrative methods used in this campaign brought some positive effects – especially in the agricultural sector – but also resulted in a negative reaction from Georgian society5. Shevardnadze was also supposed to fight against growing Georgian nationalism. Campaigns, that condemned such things as reluctance to learn Russian lan- guage and promotion of national chauvinism in culture, were initiated. The teaching cur- riculum of the subject of history was also put under siege by the new authorities.
Topic:
Agriculture, Communism, Corruption, Human Rights, Nationalism, and Culture
Political Geography:
Europe, Eastern Europe, Soviet Union, and Georgia

60. Brigitte Bierlein, Federal Chancellor of the Republic of Austria

Author:
Brigitte Bierlein
Publication Date:
09-2019
Content Type:
Video
Institution:
Columbia University World Leaders Forum
Abstract:
This World Leaders Forum program features an address, Freedom, Security & the Rule of Law - a European Perspective, by Brigitte Bierlein, Federal Chancellor of the Republic of Austria, followed by a moderated question and answer session with the audience.
Topic:
Security, Human Rights, National Security, Law, Political stability, and Courts
Political Geography:
New York, Europe, Austria, and European Union

61. The Power of Ideas That Won the Cold War is Still Needed

Author:
Christopher Datta
Publication Date:
11-2019
Content Type:
Journal Article
Institution:
American Diplomacy
Abstract:
To win the Cold War, President Ronald Reagan did something for which he is never credited: he dramatically increased the budget of the United States Information Agency, the public diplomacy arm of our struggle against communism. Senegal, in September of 1999, was about to hold a presidential election. Because of USIA's long history of promoting journalism in Senegal, the embassy decided to work in partnership with the local Print, Radio and Television Journalists Federation to hold a series of workshops on the role of journalists in covering elections. USIA was uniquely organized to promote democratic development through the long term support of human rights organizations, journalism, programs that helped build the rule of law, educational programs that encouraged the acceptance of diversity in society and, perhaps most importantly, through partnering with and supporting local opinion leaders to help them promote democratic values that stand in opposition to ideologies hostile to the West.
Topic:
Cold War, Diplomacy, Human Rights, Elections, Democracy, Rule of Law, Ideology, Networks, and Journalism
Political Geography:
Afghanistan, Russia, United States, Europe, Iran, Soviet Union, West Africa, Syria, and Senegal

62. Can the European Union Save Multilateralism?

Author:
Mikael Barfod
Publication Date:
05-2019
Content Type:
Journal Article
Journal:
American Diplomacy
Institution:
American Diplomacy
Abstract:
Controversies have abounded, including Palestine and Israel within the UN's Human Rights Council, lack of US support for the International Law of the Sea (since 1994), and the International Criminal Court (since 2002). Collectively, the European Union and its Member States remain by far the largest financial contributor to the UN, providing 30% of all contributions to the budget and 31% of peace-keeping activities in addition to substantial contributions towards project-based funding. 4. Some may object that the European Union has been hampered by the lack of a common position among EU Member States on the future of the UN Security Council (UNSC), where two member-states, UK and France, currently have permanent seats and one, Germany, is desperate to get one.
Topic:
International Relations, Cold War, Human Rights, European Union, and Multilateralism
Political Geography:
Africa, China, United Kingdom, Europe, Iran, Israel, Asia, France, Germany, and United States of America

63. China and instability in developing countries

Author:
Nicholas Crawford
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
International Institute for Strategic Studies
Abstract:
China has become the largest lender to developing countries, and a major investor there too. As a result, it has a major stake in many countries facing political and economic instability. Western policymakers involved in responding to instability and crises overseas need to understand how China navigates these situations. China’s approach is similar in some respects to that of Western states, but there are also important differences. China’s policy towards countries facing political and economic instability is driven by four main concerns: It seeks to strengthen and maintain its partnerships with those countries to ensure they remain open to and supportive of the Chinese government and its businesses. China is determined to protect its financial interests, businesses and citizens from the harms that result from instability. It is concerned to see its loans repaid, its investments secure, its workers safe and its supply chains undisrupted. It wants to maintain its narrative of non-interference. Any intervention in the politics or policies of its partner states must be seen as being at the invitation of their governments (although China may pressure its partners for consent). China wants to increase its influence in the world, independently and distinctively. It is increasingly proactive in its response to instability in partner countries. Some responses seek to address the instability directly; other responses are intended to protect Chinese interests in spite of the instability. This paper analyses the political economy of China’s responses to instability, identifies the types of responses China undertakes, and assesses these responses.
Topic:
Human Rights, International Cooperation, Developing World, Political stability, and Trade
Political Geography:
Africa, United States, China, Europe, Beijing, and Asia

64. India, The United States, Australia and the Difficult Birth of Bangladesh

Author:
Ric Smith
Publication Date:
10-2019
Content Type:
Working Paper
Institution:
Australian Institute of International Affairs
Abstract:
Ric Smith has masterfully woven archival material, memories of his own time as a foreign service officer, and conversations with other officers of the then Department of Foreign Affairs to recount the crisis in East Pakistan in 1971 and the difficult birth of Bangladesh. Smith highlights the Cold War incongruities of the crisis, including the Soviet Union’s support for democratic India’s position during the crisis, while the United States supported the military regime in Pakistan. The episode also stands as an example of Canberra diverging from Washington on an issue that was garnering political and media attention in Australia. Australia was able to pursue a policy toward the region that was independent from the United States, accepting early that East Pakistan was “finished” and that there was a need to address an unfolding humanitarian crisis. Smith’s book imparts important lessons about diplomacy for Australia: It is not only possible for Australia’s politicians and diplomats to take independent positions on major international problems, but they are sometimes respected by their allies when they do so.
Topic:
Cold War, Human Rights, Democracy, Geopolitics, and Military Intervention
Political Geography:
Pakistan, United States, Europe, India, Asia, Soviet Union, and Australia

65. The role of democracy and human rights adherence in NATO enlargement decisions

Author:
Eyal Rubinson
Publication Date:
09-2019
Content Type:
Working Paper
Institution:
NATO Defense College
Abstract:
What is the role that democracy and adherence to hu- man rights play in NATO enlargement decisions? Democratic conditionality, a strategy of setting clear benchmarks of liberal-democratic reforms as a pre- requisite for membership, has been a central theme in NATO history. Adherence to democracy and human rights was cited in the Washington Treaty of 1949, and more recently in the 1995 Study on NATO En- largement, the 1994 Framework Document of the “Partnership for Peace” programme, the 1999 Mem- bership Action Plan (MAP) and other fundamental texts. However, despite this repeated insistence on condi- tionality, many candidate states did not satisfactorily improve their records pre-accession, and are increas- ingly unable to meet the requirement of a function- ing democracy, according to internationally renowned indices.
Topic:
NATO, Human Rights, Regional Cooperation, and Democracy
Political Geography:
Europe, North Atlantic, North America, and Global Focus

66. Avoiding the Legal Black Hole: Re-evaluating the Applicability of the European Convention on Human Rights to the United Kingdom’s Targeted Killing Policy

Author:
Liam Halewood
Publication Date:
08-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
In 2015, the United Kingdom (UK) became the first European State to incorporate extraterritorial targeted killing with drones into its counterterrorism framework. This article examines whether the UK’s obligations under the European Convention on Human Rights (ECHR) extend to such operations. Scholars have suggested not, based on a comparison of a drone strike to the circumstances of the landmark Bankovic case, which was inadmissible on jurisdictional grounds. Consequently, the UK policy is perceived as occurring in a legal black.hole outside the purview of the Convention. However, this article argues that the comparisons to Bankovic overlook the uniqueness of targeted killing operations and the context in which the UK policy is utilized. Considering the distinctiveness of the UK policy, this article re-evaluates the applicability of the ECHR and proposes that the European Court of Human Rights (ECtHR) could find a jurisdictional link between the UK and the victims of targeted killing, thereby avoiding the perceived legal black.hole.
Topic:
Human Rights, Military Strategy, Drones, and Extrajudicial Killings
Political Geography:
United Kingdom and Europe

67. Reconciling the Irreconcilable? – The Extraterritorial Application of the ECHR and its Interaction With IHL

Author:
Severin Meier
Publication Date:
12-2019
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article examines the extraterritorial application of the European Convention on Human Rights (ECHR) during international armed conflict. After a brief discussion of the different historic origins of international human rights law and international humanitarian law (IHL), the article examines the test for establishing jurisdiction under Article 1 of the ECHR. A critical analysis of some contentious legal issues regarding derogations completes the picture of when jurisdiction is established. Subsequently, the article considers the interaction between the ECHR and IHL in international armed conflicts and concludes by arguing that a balance must be found between protecting human rights in international armed conflicts while not interfering unduly with IHL.
Topic:
Human Rights, International Law, and Conflict
Political Geography:
Europe

68. WILL WITHDRAWING TIES TO VENEZUELA’S REPRESSIVE REGIME PROTECT OR HARM HUMAN RIGHTS?

Author:
Gina Lei Miller, Andrew Vonasch, and Ryan Welch
Publication Date:
01-2019
Content Type:
Commentary and Analysis
Institution:
Political Violence @ A Glance
Abstract:
Food and medicine shortages, hyperinflation, and severe debt all loom large over Venezuelans—those who remain in the country anyway. Over 2 million citizens have fled the country since 2014. Those who cannot or do not wish to leave face yet another challenge to their health and wellbeing: an increasingly authoritarian and repressive government. In 2017, the world responded to the crisis in Venezuela by withdrawing ties to the regime. The Mercosur trade bloc suspended Venezuela, and the country currently faces expulsion from the Organization of American States (OAS). Both organizations cite anti-democratic policies and human rights abuses as grounds for the country’s suspension and possible expulsion.
Topic:
Foreign Policy, Diplomacy, Human Rights, United Nations, European Union, and Repression
Political Geography:
Europe, Iran, North Korea, South America, and Venezuela

69. Diplomacy Sinking at Hudaydah Port – The Yemen Review, February 2019

Author:
Sana'a Center for Strategic Studies
Publication Date:
03-2019
Content Type:
Special Report
Institution:
Sana'a Center For Strategic Studies
Abstract:
The Yemen Review Launched in June 2016, The Yemen Review – formerly known as Yemen at the UN – is a monthly publication produced by the Sana’a Center for Strategic Studies. It aims to identify and assess current diplomatic, economic, political, military, security, humanitarian and human rights developments related to Yemen. In producing The Yemen Review, Sana’a Center staff throughout Yemen and around the world gather information, conduct research, hold private meetings with local, regional, and international stakeholders, and analyze the domestic and international context surrounding developments in and regarding Yemen. This monthly series is designed to provide readers with a contextualized insight into the country’s most important ongoing issues.
Topic:
Security, Diplomacy, Human Rights, Foreign Aid, Conflict, UN Security Council, Ceasefire, and Military
Political Geography:
Europe, Middle East, Yemen, and United States of America

70. Game of Parliaments – The Yemen Review, April 2019

Author:
Sana'a Center for Strategic Studies
Publication Date:
05-2019
Content Type:
Special Report
Institution:
Sana'a Center For Strategic Studies
Abstract:
The Yemen Review Launched in June 2016, The Yemen Review – formerly known as Yemen at the UN – is a monthly publication produced by the Sana’a Center for Strategic Studies. It aims to identify and assess current diplomatic, economic, political, military, security, humanitarian and human rights developments related to Yemen. In producing The Yemen Review, Sana’a Center staff throughout Yemen and around the world gather information, conduct research, hold private meetings with local, regional, and international stakeholders, and analyze the domestic and international context surrounding developments in and regarding Yemen. This monthly series is designed to provide readers with a contextualized insight into the country’s most important ongoing issues.
Topic:
Security, Human Rights, Politics, United Nations, Economy, Conflict, and Military
Political Geography:
Europe, Middle East, Yemen, and United States of America

71. An Environmental Apocalypse Looming on the Red Sea — The Yemen Review, May 2019

Author:
Sana'a Center for Strategic Studies
Publication Date:
06-2019
Content Type:
Special Report
Institution:
Sana'a Center For Strategic Studies
Abstract:
The Yemen Review Launched in June 2016, The Yemen Review – formerly known as Yemen at the UN – is a monthly publication produced by the Sana’a Center for Strategic Studies. It aims to identify and assess current diplomatic, economic, political, military, security, humanitarian and human rights developments related to Yemen. In producing The Yemen Review, Sana’a Center staff throughout Yemen and around the world gather information, conduct research, hold private meetings with local, regional, and international stakeholders, and analyze the domestic and international context surrounding developments in and regarding Yemen. This monthly series is designed to provide readers with a contextualized insight into the country’s most important ongoing issues.
Topic:
Security, Environment, Human Rights, Politics, Treaties and Agreements, Economy, and Conflict
Political Geography:
Europe, Middle East, Yemen, United States of America, and Red Sea

72. The Southern Implosion – The Yemen Review, August 2019

Author:
Sana'a Center for Strategic Studies
Publication Date:
09-2019
Content Type:
Special Report
Institution:
Sana'a Center For Strategic Studies
Abstract:
The Yemen Review Launched in June 2016, The Yemen Review – formerly known as Yemen at the UN – is a monthly publication produced by the Sana’a Center for Strategic Studies. It aims to identify and assess current diplomatic, economic, political, military, security, humanitarian and human rights developments related to Yemen. In producing The Yemen Review, Sana’a Center staff throughout Yemen and around the world gather information, conduct research, hold private meetings with local, regional, and international stakeholders, and analyze the domestic and international context surrounding developments in and regarding Yemen. This monthly series is designed to provide readers with a contextualized insight into the country’s most important ongoing issues.
Topic:
Security, Human Rights, Humanitarian Aid, Politics, United Nations, Economy, Conflict, and Military
Political Geography:
Europe, Middle East, and Yemen

73. Riyadh Picks Up the Pieces – The Yemen Review, October 2019

Author:
Sana'a Center for Strategic Studies
Publication Date:
11-2019
Content Type:
Special Report
Institution:
Sana'a Center For Strategic Studies
Abstract:
The Yemen Review Launched in June 2016, The Yemen Review – formerly known as Yemen at the UN – is a monthly publication produced by the Sana’a Center for Strategic Studies. It aims to identify and assess current diplomatic, economic, political, military, security, humanitarian and human rights developments related to Yemen. In producing The Yemen Review, Sana’a Center staff throughout Yemen and around the world gather information, conduct research, hold private meetings with local, regional, and international stakeholders, and analyze the domestic and international context surrounding developments in and regarding Yemen. This monthly series is designed to provide readers with a contextualized insight into the country’s most important ongoing issues.
Topic:
Security, Human Rights, Sovereignty, United Nations, Economy, Conflict, and Military
Political Geography:
Pakistan, Europe, Middle East, Yemen, and Saudi Arabia

74. Negotiation and Deescalation – The Yemen Review, November 2019

Author:
Sana'a Center for Strategic Studies
Publication Date:
12-2019
Content Type:
Special Report
Institution:
Sana'a Center For Strategic Studies
Abstract:
The Yemen Review Launched in June 2016, The Yemen Review – formerly known as Yemen at the UN – is a monthly publication produced by the Sana’a Center for Strategic Studies. It aims to identify and assess current diplomatic, economic, political, military, security, humanitarian and human rights developments related to Yemen. In producing The Yemen Review, Sana’a Center staff throughout Yemen and around the world gather information, conduct research, hold private meetings with local, regional, and international stakeholders, and analyze the domestic and international context surrounding developments in and regarding Yemen. This monthly series is designed to provide readers with a contextualized insight into the country’s most important ongoing issues.
Topic:
Security, Human Rights, United Nations, Conflict, Negotiation, Transportation, Military, and Deescalation
Political Geography:
Europe, Middle East, Yemen, Saudi Arabia, and United States of America

75. Vulnerable Asylum Seekers and Irregular Migrants in Albania: Trends, Challenges, and Policy Solutions

Publication Date:
06-2019
Content Type:
Policy Brief
Institution:
Institute for Democracy and Mediation (IDM)
Abstract:
During the last few years (2015-2018), Albania has witnessed an increased influx of irregular migrants entering the country, mostly via the southern border with Greece. The influx of irregular migrants intercepted in Albania during 2018 was around 5,730 foreign nationals, almost five times higher than in 2017. The share of women and children went up as well in 2018. Many migrants resort to smugglers and criminal networks to avoid detention while crossing borders illegally, often due to a scarcity of other viable and safe avenues for migration. Though Albania is considered a transit path in the “Western Balkan route”, the massive irregular flows of migrants raise the risk of vulnerable groups falling prey to human trafficking and sexual exploitation. The policy brief explores the current immigration trends in Albania and outlines some of the main challenges that the country faces, with a particular focus on vulnerable groups of asylum seekers and irregular migrants, such as unaccompanied and separated children, women, and minors who might potentially be victims of trafficking, exploitation, and abuse.
Topic:
Crime, Human Rights, Migration, Immigration, Immigrants, and Asylum
Political Geography:
Europe, Greece, Balkans, and Albania

76. 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 (CGEP), Columbia University
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

77. The Impact of the European Court of Human Rights on Justice Sector Reform in the Republic of Moldova

Author:
Judithanne Scourfield McLauchlan
Publication Date:
11-2018
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
For this study, I reviewed the judgments of the European Court of Human Rights against the Republic of Moldova and the corresponding reports of the Committee of Ministers from 1997 through 2014. In addition, I interviewed more than 25 lawyers, judges, and human rights advocates. After analyzing the effectiveness of the Court in terms of compliance with the judgments in specific cases (individual measures), I will assess the broader impact of these decisions (general measures) on legal reforms and public policy in the Republic of Moldova. I will evaluate the effectiveness of the decisions of the ECtHR in the context of the implementation of Moldova’s Justice Sector Reform Strategy (2011-2015), the Council of Europe’s Action Plan to Support Democratic Reforms in the Republic of Moldova (2013-2016), and Moldova’s National Human Rights Action Plan (2011-2014). My findings will offer insights into the constraints faced by the ECtHR in implementing its decisions and the impact of the ECtHR on national legal systems.
Topic:
Human Rights, Reform, European Union, and Judiciary
Political Geography:
Europe and Moldova

78. Michael Higgins, President of Ireland

Author:
Michael D. Higgins
Publication Date:
04-2018
Content Type:
Video
Institution:
Columbia University World Leaders Forum
Abstract:
His Excellency Michael D. Higgins, President of Ireland, addresses the Columbia University World Leaders Forum in Low Library.
Topic:
Climate Change, Human Rights, United Nations, Neoliberalism, and Social Justice
Political Geography:
New York, Europe, and Ireland

79. Enhancing Multilateral Support for Security Sector Reform:A Mapping Study covering the United Nations, the African Union, the European Union, and the Organization for Security and Co-operation in Europe

Author:
Vincenza Scherrer and Alba Bescos Pou
Publication Date:
01-2018
Content Type:
Working Paper
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Multilateral organizations are playing an important role in shaping the SSR agenda through the development of policy and guidance and by engaging in the provision of a wide range of SSR support on the ground. However, despite their significant engagement in this area, there is no predictability in terms of the type of support that multilateral organizations will take on. While policy frameworks concur that international support should be well coordinated, the support provided by these organizations tends to be compartmentalized in practice. As a result, considerable time is often lost while each organization separately assesses a conflict, maps what others are doing, and agrees on a division of labour. The report presents the findings of a multi-year research project on the approaches of the United Nations (UN), the African Union (AU), the European Union (EU), and the Organization for Security and Co-operation in Europe (OSCE) to supporting nationally-led SSR processes. The study aims at developing an empirically-based understanding of the roles and potential comparative advantages of these organizations in SSR support, as well as avenues for enhanced cooperation. For this purpose, the study examines the following three categories related to the role of multilateral organizations in SSR support: normative frameworks, institutional capacities, and operational practices. This report was commissioned from DCAF by the Security Sector Reform Unit (SSRU) of the United Nations Department of Peacekeeping Operations (DPKO).
Topic:
Security, Human Rights, Peacekeeping, Reform, and Multilateralism
Political Geography:
Geneva, Africa, Europe, United Nations, European Union, and African Union

80. The Scope of Application of the Charter’s Right to Good Administration of the European Union

Author:
Irena Cuculoska
Publication Date:
02-2018
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Article 41 of the Charter for Fundamental Rights of the EU guarantees the right to good administration as a fundamental right of the EU citizens. It seems from the wording that Article 41 applies only to the institutions, bodies, and agencies of the Union, without mentioning the Member States. This gives it a narrower scope than that given in Article 51.1 concerning the scope of the Charter as a whole. This paper discusses the question of applicability of the right to good administration regarding the implications of Article 41 in this respect. The doubt that stems from this is whether the content of 51.1 prevails or, on the contrary, it must be ignored and taken as reference to the particular provision in Article 41.
Topic:
Human Rights, Treaties and Agreements, Governance, European Union, and Political Rights
Political Geography:
Europe

81. Caught in the middle: A human rights and peace-building approach to migration governance in the Sahel

Author:
Fransje Molenaar, Jérôme Tubiana, and Clotilde Warin
Publication Date:
12-2018
Content Type:
Special Report
Institution:
Clingendael Netherlands Institute of International Relations
Abstract:
In recent years, the Sahel region has attracted the attention of European policy makers aiming to prevent Europe-bound irregular migrants from reaching the Libyan coastline. Policies implemented under this approach propose to address the root causes of irregular migration from non-EU countries, such as through support for socio-economic development of countries of origin, the dismantling of smuggling and trafficking networks, and the definition of actions for the better application of return policies. Does this approach to mixed migration governance take sufficient stock of the larger development and stability contexts within which irregular migration and human smuggling takes place? Does migration governance suffciently address the human rights consequences and destabilising effects that migratory movements and the policies that address them may have? And how could human rights and peace-building principles – that is, processes and measures that contribute to a society’s capacity to address conflict in a constructive manner – be incorporated to achieve more holistic and conflict-sensitive migration governance? In their report authors Fransje Molenaar, Jérôme Tubiana and Clotilde Warin address these issues and find that the implementation of migration policies in the Sahel has contributed to an increase in human rights abuses and risks for migrants and refugees, as well as rises in human trafficking and forced labour. They argue that national and sub-national institutions and capacities be supported to take the lead in comprehensive and sustainable migration management and migrant protection presenting the following recommendations: Contribute to the development of (sub)national migrant protection frameworks and structures; Ensure that migration governance benefits local communities and addresses the (perceived) negative effects of migration on host communities; Strengthen community security and ensure that securitised migration policies do not harm local communities. In their conclusion, the authors also offer concrete pointers to implement these recommendations.
Topic:
Human Rights, Migration, Governance, Trafficking, and Peace
Political Geography:
Africa, Europe, Libya, and Sahel

82. ‘The Lawyers Have Given Us Hope Again’: Legal aid for protection in Europe

Author:
Valentina Bacchin
Publication Date:
07-2018
Content Type:
Case Study
Institution:
Oxfam Publishing
Abstract:
The migratory movement towards Europe through Spain, Italy and Greece is an old phenomenon, with peaks at times of conflict. But the summer of 2015 saw an exponential increase in arrivals, as people transited through Libya to Italy, through Turkey to reach Greece, and from there through the Balkans to continue their quest for safety. One of Oxfam’s biggest concerns as it has worked to respond to the crisis is that people’s fundamental human rights are not being respected, and that they face obstacles to accessing international protection for a variety of reasons. To address these issues, Oxfam has partnered with organizations in Greece, Italy and the Balkans to provide information and legal aid, and to conduct research and advocacy. This case study evaluates the work of the programme so far, analysing both its successes and challenges.
Topic:
Human Rights, International Cooperation, Migration, Legal Theory, and Humanitarian Crisis
Political Geography:
Europe, Greece, Serbia, Macedonia, and Italy

83. The Dawn of Article 18 ECHR: A Safeguard Against European Rule of Law Backsliding?

Author:
Floris Tan
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article examines an underexplored avenue for the protection of the rule of law in Europe: Article 18 of the European Convention on Human Rights. This provision prohibits States from restricting the rights enshrined in the European Convention for any other purpose than provided for in the Convention. In this contribution, the author argues, based on a combination of textual, systematic and purposive interpretations of Article 18, that the provision is meant to safeguard against rule of law backsliding, in particular because governmental restrictions of human rights under false pretenses present a clear danger to the principles of legality and the supremacy of law. Such limitations of rights under the guise of legitimate purposes go against the assumption of good faith underlying the Convention, which presupposes that all States share a common goal of reinforcing human rights and the rule of law. Article 18 could therefore function as an early warning that European States are at risk of becoming an illiberal democracy or even of reverting to totalitarianism and the destruction of the rule of law. The article then goes on to assess the extent to which the European Court’s case-law reflects and realizes this aim of rule of law protection, and finds that whereas the Court’s earlier case-law left very little room for an effective application of Article 18, the November 2017 Grand Chamber judgment in Merabishvili v. Georgia has made large strides in effectuating the provision’s raison d’être. As the article shows, however, even under this new interpretation, challenges remain.
Topic:
Human Rights, International Law, and Rule of Law
Political Geography:
Europe

84. The Arctic Railway and the Sámi: Reconciling national interests with indigenous rights

Author:
Agne Cepinsktye
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
Finnish Institute of International Affairs
Abstract:
Finland and Norway are planning to build the Arctic Railway, stretching from Rovaniemi to Kirkenes through the homeland of the indigenous Sámi people. The state governments have acknowledged their duty to consult with the Sámi, whose culture and livelihoods the railway would affect, but the Sámi have dismissed the consultation efforts thus far as inadequate and have denounced the project. The dispute has exposed the ambiguity of the state’s duty to consult with indigenous peoples: international law firmly establishes the duty but does not prescribe specific rules for carrying it out. In Norway, the domestic regulatory framework concerning the consultation duty is more evolved and the practice of implementation is more consistent than in Finland, but both states still lack an effective legal incorporation of the duty. Despite the ambiguity, the scope of the consultation duty is determined by its purpose: creating favourable conditions to reduce power disparity between the state and indigenous peoples in order to reach an agreement that reconciles national interests with indigenous rights.
Topic:
Human Rights, Regional Cooperation, Indigenous, Transportation, and Railways
Political Geography:
Europe, Finland, Norway, and Arctic

85. The Real Story behind the Repatriation of Syrian Refugees

Author:
Micky Aharonson
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
Jerusalem Institute for Strategy and Security (JISS)
Abstract:
Russia is actively promoting international involvement in the reconstruction of Syria as a humanitarian effort aimed at creating the conditions for refugees to return, but in practice this will reinforce the foundations of Assad’s rule and territorial control. The US is in no hurry to respond, but the Russian initiative will not remain unanswered.
Topic:
Human Rights, Refugees, Humanitarian Crisis, and Repatriation
Political Geography:
Russia, Europe, Middle East, and Syria

86. Polish Civil Society

Author:
Barbara Smith
Publication Date:
12-2018
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies
Abstract:
Amidst democratic backsliding globally, Poland has experienced a retreat from tolerance, inclusion, transparency, and government accountability. During interviews with some twenty individuals and groups in government, the private and non-profit sectors, and academic institutions, significant concerns about the future of Poland’s democratic institutions were expressed. In particular, respondents cited issues regarding the independence of the judiciary, a lack of tolerance by the ruling party as reflected in perceived xenophobic and discriminatory language, a growing deficit in transparency, and a lack of inclusion with respect to political processes. Finally, interviewees noted the government’s increasingly centralized control and perceived politicization of funding for Civil Society Organizations (CSOs), especially with respect to traditional human rights CSOs. This report provides recommendations to CSOs, donors, the U.S. government, and Europe on how to help build the capacity of civil society, be that through new business models, funding streams, or fostering global and regional networks.
Topic:
Civil Society, Human Rights, Accountability, and Social Order
Political Geography:
Europe and Poland

87. The Private Life of Family Matters: Curtailing Human Rights Protection for Migrants under Article 8 of the ECHR?

Author:
Alan Desmond
Publication Date:
01-2018
Content Type:
Journal Article
Abstract:
This article critically examines the evolving practice of the European Court of Human Rights (ECtHR) towards the definition and use of the concepts of family life and private life in cases involving migrants who seek to resist deportation by invoking Article 8 of the European Convention on Human Rights. The examination reveals an approach on the part of the Court that has the effect of shrinking the protection potential of Article 8 for migrant applicants, allowing state interest in expulsion to carry the day. This is symptomatic of Strasbourg’s deference to state sovereignty in the realm of migration. While the ECtHR has issued a number of landmark rulings roundly vindicating migrants’ rights, these are the exception to the rule of Strasbourg’s deference to state powers of immigration control. This approach has far-reaching implications for migrants in the member states of the Council of Europe. The article concludes by highlighting the tools at the Court’s disposal that could be employed to construct a more human rights-consistent approach in this strand of jurisprudence, which is an issue all the more relevant in light of the growing number of migrants seeking to establish a life in Europe.
Topic:
Human Rights, International Law, Migration, Sovereignty, and Courts
Political Geography:
Europe and France

88. Maritime Legal Black Holes: Migration and Rightlessness in International Law

Author:
Itamar Mann
Publication Date:
04-2018
Content Type:
Journal Article
Abstract:
This article explores the trope of the ‘legal black hole’ to reveal questions of legal theory arising from contemporary migrant drownings. The theme was popularized during what was then called the ‘war on terror’, but its trajectory is longer and more complex. Its material history, as well as its intellectual history within legal scholarship, suggest three distinct ‘legacies’ of legal black holes: the counterterrorism legacy; the migrant-detention legacy; and the legacy of the maritime legal black hole. The tripartite division provides a conceptual typology of instances where persons are rendered rightless. While the two former types are characterized by de facto rightlessness due to a violation of international law, the latter exposes a seldom acknowledged, yet crucial, characteristic of international law; the age-old doctrine on the division of responsibilities between states and individuals at land and at sea is now creating the conditions in which some people are rendered de jure rightless. Moreover, the typology sheds light on the specifically legal reasons for the seeming failure to end mass drowning of migrants and refugees in the Mediterranean Sea. Tracing the ways in which people become de jure rightless is ultimately suggested as a broader research agenda for scholars of international law.
Topic:
Human Rights, International Law, Migration, and Maritime
Political Geography:
Europe and Mediterranean

89. Changing State Behaviour: Damages before the European Court of Human Rights

Author:
Veronika Fikfak
Publication Date:
10-2018
Content Type:
Journal Article
Abstract:
Regardless of the efforts undertaken through the many reforms of the European Convention on Human Rights system, non-compliance with the judgments of the European Court of Human Rights (ECtHR) remains a major problem for the Council of Europe. This article asks how we can change state behaviour and what role, if any, could damages play in this context. First, the article focuses on how the choice of remedy affects compliance and why aggravated or punitive damages look like an ideal option to nudge states into compliance. I explore recent arguments by scholars and judges who argue that the ECtHR should actively shift its approach (or perhaps already has) to nudge state behaviour towards compliance and prevention of future violations. Based on my empirical research, I show that the current case law presents several obstacles to the introduction of such damages. Building on the economic analysis of the law and insights from behavioural sciences, I reveal how the Court’s approach fails to comply with any of the elements needed to incentivize states to change their behaviour. I finally question to what extent aggravated or punitive damages can be efficient within a system that relies on voluntary compliance.
Topic:
Human Rights, International Law, Reform, and Courts
Political Geography:
Europe and France

90. The “Right to Remain Here” as an Evolving Component of Global Refugee Protection: Current Initiatives and Critical Questions

Author:
Daniel Kanstroom
Publication Date:
01-2017
Content Type:
Journal Article
Journal:
Journal on Migration and Human Security
Institution:
Center for Migration Studies of New York
Abstract:
This article considers the relationship between two human rights discourses (and two specific legal regimes): refugee and asylum protection and the evolving body of international law that regulates expulsions and deportations. Legal protections for refugees and asylum seekers are, of course, venerable, well-known, and in many respects still cherished, if challenged and perhaps a bit frail. Anti-deportation discourse is much newer, multifaceted, and evolving. It is in many respects a young work in progress. It has arisen in response to a rising tide of deportations, and the worrisome development of massive, harsh deportation machinery in the United States, Germany, the United Kingdom, France, Mexico, Australia, and South Africa, among others. This article’s main goal is to consider how these two discourses do and might relate to each other. More specifically, it suggests that the development of procedural and substantive rights against removal — as well as rights during and after removal — aids our understanding of the current state and possible future of the refugee protection regime. The article’s basic thesis is this: The global refugee regime, though challenged both theoretically and in practice, must be maintained and strengthened. Its historical focus on developing criteria for admission into safe states, on protections against expulsion (i.e., non-refoulement), and on regimes of temporary protection all remain critically important. However, a focus on other protections for all noncitizens facing deportation is equally important. Deportation has become a major international system that transcends the power of any single nation-state. Its methods have migrated from one regime to another; its size and scope are substantial and expanding; its costs are enormous; and its effects frequently constitute major human rights violations against millions who do not qualify as refugees. In recent years there has been increasing reliance by states on generally applicable deportation systems, led in large measure by the United States’ radical 25 year-plus experiment with large-scale deportation. Europe has also witnessed a rising tide of deportation, some of which has developed in reaction to European asylum practices. Deportation has been facilitated globally (e.g., in Australia) by well-funded, efficient (but relatively little known) intergovernmental idea sharing, training, and cooperation. This global expansion, standardization, and increasing intergovernmental cooperation on deportation has been met by powerful — if in some respects still nascent — human rights responses by activists, courts, some political actors, and scholars. It might seem counterintuitive to think that emerging ideas about deportation protections could help refugees and asylum seekers, as those people by definition often have greater rights protections both in admission and expulsion. However, the emerging anti-deportation discourses should be systematically studied by those interested in the global refugee regime for three basic reasons. First, what Matthew Gibney has described as “the deportation turn” has historically been deeply connected to anxiety about asylum seekers. Although we lack exact figures of the number of asylum seekers who have been subsequently expelled worldwide, there seems little doubt that it has been a significant phenomenon and will be an increasingly important challenge in the future. The two phenomena of refugee/asylum protections and deportation, in short, are now and have long been linked. What has sometimes been gained through the front door, so to speak, may be lost through the back door. Second, current deportation human rights discourses embody creative framing models that might aid constructive critique and reform of the existing refugee protection regime. They tend to be more functionally oriented, less definitional in terms of who warrants protection, and more fluid and transnational. Third, these discourses offer important specific rights protections that could strengthen the refugee and asylum regime, even as we continue to see weakening state support for the basic 1951/1967 protection regime. This is especially true in regard to the extraterritorial scope of the (deporting) state’s obligations post-deportation. This article particularly examines two initiatives in this emerging field: The International Law Commission’s Draft Articles on the Expulsion of Aliens and the draft Declaration on the Rights of Expelled and Deported Persons developed through the Boston College Post-Deportation Human Rights Project (of which the author is a co-director). It compares their provisions to the existing corpus of substantive and procedural protections for refugees relating to expulsion and removal. It concludes with consideration of how these discourses may strengthen protections for refugees while also helping to develop more capacious and protective systems in the future.
Topic:
Human Rights, International Cooperation, Border Control, Refugees, and Humanitarian Crisis
Political Geography:
Africa, United States, Europe, France, South Africa, Germany, Australia, Mexico, and Global Focus

91. Exported as a Commodity: North Korean Workers Officially Dispatched Overseas

Author:
Greg Scarlatoiu
Publication Date:
04-2017
Content Type:
Journal Article
Journal:
International Journal of Korean Studies
Institution:
International Council on Korean Studies
Abstract:
North Korea officially dispatches over 60,000 workers to a minimum of 20 countries in Asia, Africa, Europe, and the Middle East. The regime confiscates much of the USD 200 million earned by these workers annually. Despite the known exploitation and hardship, North Koreans continue to covet these positions, which provide rare opportunities to spend time outside the world’s most isolated dictatorial regime and send small amounts of money to their families at home. Only those deemed loyal to the regime as measured by North Korea’s songbun system have access to these jobs. Even those with “good songbun” frequently bribe government officials to secure one of the few positions available. Once overseas, workers labor under harsh and dangerous conditions that border on slavery. North Korea’s pervasive security apparatus continues to survey all activities while spouses and children serve as de facto hostages to prevent defections. The Kim Family Regime’s dispatch of workers amounts to exporting its subjects as a commodity. Efforts to address this issue must be based on applicable international standards. Governments bound by international agreements should first seek redress, as difficult as it may be, before terminating the contracts that cover North Korea’s overseas workers.
Topic:
Human Rights, Labor Issues, Economy, and UN Security Council
Political Geography:
Africa, Europe, Middle East, Asia, and North Korea

92. Alexander Van der Bellen, President of Austria

Author:
Alexander Van der Bellen
Publication Date:
09-2017
Content Type:
Working Paper
Institution:
Columbia University World Leaders Forum
Abstract:
His Excellency Dr. Alexander Van der Bellen, Federal President of the Republic of Austria, addresses the Columbia University World Leaders Forum in Low Library.
Topic:
Climate Change, Human Rights, International Cooperation, International Affairs, and European Union
Political Geography:
New York, Europe, Austria, and European Union

93. Intelligence Oversight: Ensuring accountable intelligence within a framework of democratic governance

Author:
Ronja Harder
Publication Date:
01-2017
Content Type:
Special Report
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This SSR Backgrounder explains how the principles of democratic control and oversight can be applied to intelligence services. Oversight of intelligence matters, because intelligence services can pose a threat to democratic governance, the rule of law and human rights, even while acting in the public interest. Applying the principle of good security sector governance through a system of democratic control and oversight ensures intelligence services are both effective and accountable while providing security for the state and for its people. This SSR Backgrounder answers the following questions: Why is democratic oversight of intelligence important? How does democratic oversight of intelligence work? What are typical challenges for democratic oversight of intelligence? How does internal control of intelligence contribute to good governance? How does executive control of intelligence contribute to good governance? What role does parliament play in democratic oversight of intelligence? How is the justice system involved in the control and oversight of intelligence? How can public oversight apply to intelligence?
Topic:
Human Rights, Intelligence, Governance, and Law Enforcement
Political Geography:
Geneva, Europe, and Global Focus

94. Ombuds Institutions for the Armed Forces: Selected Case Studies

Author:
William McDermott, Kim Piaget, Lada Sadiković, Mary McFadyen, Riina Turtio, Tamar Pataraia, Aida Alymbaeva, Bogdan Kryklyvenko, and Susan Atkins
Publication Date:
01-2017
Content Type:
Case Study
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
Ombuds institutions for the armed forces are key actors in establishing good governance and implementing democratic controls of the security sector. These institutions are tasked with protecting the human rights and fundamental freedoms of armed forces personnel, as well as providing oversight and preventing maladministration of the armed forces. This publication highlights good practices and lessons learned in seven case studies of ombuds institutions for the armed forces from the following OSCE states: Bosnia and Herzegovina, Canada, Finland, Georgia, Kyrgyzstan, Ukraine, United Kingdom.
Topic:
Security, Human Rights, Governance, and Armed Forces
Political Geography:
United Kingdom, Europe, Central Asia, Ukraine, Canada, Finland, Kyrgyzstan, Georgia, North America, and Bosnia and Herzegovina

95. The Global Exchange (Summer 2017)

Author:
David J. Bercuson, Hugh Stephens, Robert Hage, Robert Huebert, Stefanie Von Hlatky, Lindsay Rodman, Stephen M. Saideman, Hugh Segal, and Vanja Petricevic
Publication Date:
06-2017
Content Type:
Journal Article
Journal:
The Global Exchange
Institution:
Canadian Global Affairs Institute (CGAI)
Abstract:
The Global Exchange is the Canadian Global Affairs Institute’s quarterly magazine featuring topical articles written by our fellows and other contributing experts. Each issue contains approximately a dozen articles exploring political and strategic challenges in international affairs and Canadian foreign and defence policy. This Summer 2017 issue covers trade deals, human rights, defense, cybersecurity and more.
Topic:
Defense Policy, NATO, Human Rights, Territorial Disputes, Cybersecurity, Trans-Pacific Partnership, Free Trade, Transparency, and Deterrence
Political Geography:
China, Europe, Canada, North America, and Arctic

96. Conference Proceedings 5: Ombuds Institutions & Security Sector Governance

Author:
Philipp H. Fluri, Oleksiy Melnyk, Valeria Lutkovska, Eden Cole, Ben Buckland, Svyatoslav Stetsenko, Kostyantyn Tarasenko, Arsen Ilyin, Oleksandra Matviychuk, Oleksandr Kopanytsia, Graziella Pavone, and Will McDermott
Publication Date:
01-2017
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
This publication offers the proceedings from Conference 5 on “The role of the ombuds Institutions in security sector governance”. The aim of the conference was to identify a range of priorities and recommendations for Ukraine. Key recommendations include: parliamentary oversight capacity building; improving communication and coordination between the Parliamentary Committees and the Commissioner; improving the implementation of oversight legislation; ensuring oversight is proactive; and oversight actors have the necessary expertise and specialisation in order to deal with the particular issues of the security sector.
Topic:
Security, Human Rights, Governance, Institutions, and Conference
Political Geography:
Europe, Ukraine, and Eastern Europe

97. Key Issues and Policy Recommendations, Conference 2

Author:
Philipp H. Fluri, Oleksiy Melnyk, and Nazli Yildirim
Publication Date:
12-2017
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
This publication offers the Key Issues and Policy Recommendations based on the results of the Second International Conference “Security Sector Governance: The Role of Democratic Institutions & International Best Practices”. Conference Two, following to the first conference recommendations, sought to examine current Ukraine’s security sector governance challenges by highlighting the role of democratic institutions and the international best practices.
Topic:
Security, Human Rights, Democracy, Legislation, Institutions, Judiciary, and Human Resources
Political Geography:
Europe and Ukraine

98. Proceedings from the Second International Conference “Security Sector Governance: The Role of Democratic Institutions & International Best Practices”

Author:
Philipp H. Fluri and Oleksiy Melnyk
Publication Date:
12-2017
Content Type:
Special Report
Institution:
Razumkov Centre
Abstract:
This publication offers the proceedings of the Conference II “Security Sector Governance: The Role of Democratic Institutions & International Best Practices”. Following the Conference I findings, participants elaborated current challenges related to the role of democratic institutions in the Ukrainian Security Sector Governance and worked out solutions based on possible accommodation of best international practices in Ukrainian realities. This publication offers presentations of the key speakers and the summaries of the Working Group discussions. General assessments, conclusions and proposals are those of the participants and do not necessarily coincide with the positions of DCAF, the Razumkov Centre or the official position of the Ministry of Foreign Affairs of the Netherlands. Publication was made possible in the framework of the joint DCAF-Razumkov Centre Project “Monitoring Ukraine’s Security Governance Challenges” sponsored by the Ministry of Foreign Affairs of the Netherlands.
Topic:
Security, Civil Society, Human Rights, International Organization, Governance, Media, Legislation, and Oversight
Political Geography:
Europe, Ukraine, and Global Focus

99. Anglers of Men: the Politics of Rescuing African Migrants in the Mediterranean Basin

Author:
Lorenzo Rinelli
Publication Date:
12-2017
Content Type:
Journal Article
Journal:
Review of Human Rights
Institution:
Society of Social Science Academics (SSSA)
Abstract:
This article theorizes the dynamics that emerge from the intimate relationship between contemporary African migration, liquid borders, and law around the channel of Sicily, between Italy and Libya. There, in the same waters where Ulysses and Aeneas roamed for years, whose epic journeys are considered foundational within the European identity narrative, today the trajectories that migrants boats traverse are disrupting and shuffling the European geographical limits. As a response, states are enacting a policy of containment that renders African migrants’ presence at sea invisible, while criminalizing human solidarity enacted by private organizations as well as individuals. Making use of a legal discourse analysis I will dig the premises behind the antinomic concept of criminal solidarity that emerges today in Europe as a somehow coherent system of thought, shaped by laws, codes of conduct, rules, and rulings. Specifically, by analyzing the rulings of one tribunal in Sicily, I will make an attempt to expose how rigid conceptions of borders naturalize state’s efforts to define the limits of national territory, while conversely, I will consider how the micropolitics of justice are capable of shaping the contours of discourses on current migration.
Topic:
Human Rights, Migration, Law, Refugees, and Borders
Political Geography:
Africa, Europe, Libya, and Mediterranean

100. Addressing Child Marriages In Turkey

Author:
Fawn Bolak
Publication Date:
04-2017
Content Type:
Working Paper
Institution:
Center on Human Rights Education, University of Denver
Abstract:
According to data taken from the Turkish Ministry of Interior Affairs in 2014, within a three-year span, 134,629 individuals under the age of 18 were legally married in Turkey, with underage girls disproportionately accounting for 128,866 of this total. This figure states that 14% of marriages in Turkey involve an individual who is underage. However, the information presented may not be an accurate representation of the scale of the issue, since many child marriages are not legally registered, but occur as religious ceremonies. Taking into account these religious marriages, a 2013 report from Gaziantep University estimated number of child marriages in Turkey is much closer to 37%, and in some rural regions of the country, the rate may be as high as 60%. This study also found that 82% of child brides in Turkey are illiterate. Researcher Dr. Erhan Tunç suggests that the trend in child marriages is occurring as a result of a lack of education and severe religious views.
Topic:
Human Rights, Religion, Child Marriage, and Marriage
Political Geography:
Europe, Turkey, and Asia