Search

Begin New Search Topic Human Rights

1121. EU Policy Towards the Eastern Neighbours: A New Wave of Improvement

Publication Date:
05-2011
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The Open Society Foundations have local offices in all of the Eastern Partnership countries except for Belarus, and many thematic programs working on human rights and governance. We believe that the EU's engagement, with a toolbox largely drawn from the enlargement policy, is the best framework for promoting political reform in these countries, particularly when it is coupled with clearly articulated conditionality. This short assessment by the Open Society Foundations sets out the main lessons learned from our experience in the region and give ideas on how to enhance the EU’s efforts to strengthen prosperity, stability and security in its neighbourhood.
Topic:
Human Rights, Regional Cooperation, International Security, Governance, Reform, European Union, and Regional Economy
Political Geography:
Europe

1122. How Could a European Endowment for Democracy Add Value?

Publication Date:
09-2011
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The European Union has asked for proposals from the Commission and High Representative to establish a European Endowment for Democracy (EED). Various options are being discussed in Brussels; from potential recipients, to geographic scope, to thematic focus. The debate surrounding the EED provides an opportunity for EU support to civil society to become more extensive and flexible than allowed under current funding rules. The possible creation of a Convention or new agency, and/or the reform of the financial regulation affecting current funding instruments (in particular the European Instrument for Democracy and Human Rights), deserve support if they offer less burdensome mechanisms for non-governmental actors to access and manage EU funds. This discussion paper explores the potential added value of the EED in relation to the actors and scope of activities currently supported by the EU, and how it would add value to existing modalities of support to civil society. The most valuable outcome of this debate, regardless of whether an EED is established, would be if EU support became more responsive to the needs of the actors working in support of human rights and democracy.
Topic:
Civil Society, Human Rights, European Union, and Democracy
Political Geography:
Europe

1123. EU-AU Relations: The Partnership on Democratic Governance and Human Rights of the Joint Africa-EU Strategy

Publication Date:
07-2011
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The Joint Africa-EU Strategy (JAES), now in its second three-year Action Plan, has the potential to enhance the Africa-EU strategic partnership but has yet to deliver. The Open Society Institute-Brussels has taken stock of JAES progress in the policy area of democracy and human rights. This paper presents two main conclusions: significant involvement of civil society in the process is still hampered by the overlap of several institutional cultures and structural limitations; and the encounter of two distinct continental approaches to issues of democracy and human rights requires long-term commitment and adaptation on all sides if there is to be real progress. The strategy is in hibernation and the intended paradigm shift—to fundamentally alter European and African relations—has not really taken place. This paper develops a series of recommendations to address this inertia. These include a more political rather than technocratic approach to the partnership; improvements of information flows, outreach and transparency; independent assessments and monitoring of action plans; and closer attention to donor accountability.
Topic:
Civil Society, Human Rights, International Cooperation, Governance, Partnerships, and Democracy
Political Geography:
Europe and Africa

1124. Government Accountability for Torture and Ill-Treatment in Health Settings

Publication Date:
05-2011
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The absolute prohibition under human rights law of all forms of torture and cruel, inhuman, and degrading treatment is commonly applied to prisons and pretrial detention centers. However this prohibition also applies to places such as schools, hospitals, orphanages, and social care institutions—places where coercion, power dynamics, and practices occurring outside the purview of law or justice systems can contribute to the infliction of unjustified and severe pain and suffering on marginalized people. This briefing paper focuses on torture and ill-treatment in health settings, including hospitals, clinics, hospices, people’s homes, or anywhere health care is delivered. It focuses on government accountability for placing health providers and patients in unacceptable situations whereby torture and ill-treatment is neither documented, prevented, punished, nor redressed. People who are perceived as “deviant” by authorities, who pose a “nuisance” to health providers, who lack the power to complain or assert their rights, or who are associated with stigmatized or criminalized behaviors may be especially at risk of torture in health care.
Topic:
Health, Human Rights, International Law, Torture, Law, Health Care Policy, and Marginalization
Political Geography:
Global Focus

1125. Treatment or Torture? Applying International Human Rights Standards to Drug Detention Centers

Publication Date:
06-2011
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
People identified as drug users in many countries are confined to abusive locked detention centers for months or even years. Such detention centers are supposedly mandated to treat and "rehabilitate" drug users, but the "treatment" they receive in some cases amounts to torture or other cruel, inhuman, and degrading punishment. In Treatment or Torture? Applying International Human Rights Standards to Drug Detention Centers, legal experts review common forms of abuse in drug detention centers and show how these practices in many cases are in violation of basic human rights treaties widely ratified by most nations worldwide. International health and drug-control agencies—including the UN Office on Drugs and Crime, UNAIDS, and the World Health Organization—all endorse comprehensive, evidence-based drug dependence treatment services. Yet drug detention centers rarely provide treatment that meets these standards. Depending on the country, so-called rehabilitation consists of a regime of military drills, forced labor, psychological and moral re-education, and shackling, caning, and beating. Treatment or Torture? comes in advance of the International Day against Drug Abuse and Illicit Trafficking and the International Day in Support of Victims of Torture—both on June 26, 2011. The report was published by the Campaign to Stop Torture in Health Care, a coalition led by the Open Society Foundations, and featured legal analysis by Human Rights Watch, Harm Reduction International, and the Canadian HIV/AIDS Legal Network.
Topic:
Health, Human Rights, International Law, War on Drugs, Health Care Policy, Criminal Justice, Drugs, and Public Health
Political Geography:
Global Focus

1126. Is There a Puzzle? Compliance with Minority Rights in Turkey (1999-2010)

Author:
Gözde Yilmaz
Publication Date:
01-2011
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
The Helsinki Summit in 1999 represents a turning point for EU–Turkey relations. Turkey gained status as a formal candidate country for the EU providing a strong incentive to launch democratic reforms for the ultimate reward of membership. Since 2001, the country has launched a number of reforms in minority rights. Many controversial issues, such as denial of the existence of the Kurds, or the lack of property rights granted to non-Muslim minorities in the country, have made progress. Even though the reforms in minority rights may represent a tremendous step for the Europeanization process of Turkey, the compliance trend in minority rights is neither progressive nor smooth. While there is a consensus within the literature about the acceleration of reforms starting in 2002 and the slow down by 2005 in almost all policy areas, scholars are divided into two camps regarding the continuing slow down of the reform process or the revival of the reforms since 2008. I argue, in the present paper, that the compliance process with minority rights in Turkey is puzzling due to the differentiated outcome and the recent revival of behavioral compliance. I aim to shed light on the empirical facts in the least-likely area for reform in the enlargement process. Through a detailed analysis of minority-related reform process of Turkey being an instance of ongoing compliance, the paper contributes to the literature divided on the end result of Europeanization in the country recently.
Topic:
Democratization, Human Rights, and Minorities
Political Geography:
Europe, Turkey, and Asia

1127. Afghan High Peace Council Fails to Reflect Afghan Civil Society

Author:
Patricia Gossman
Publication Date:
01-2011
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
The Afghan public, along with the international community, appears increasingly supportive of opening negotiations with the Taliban to end the war. The Karzai administration also supports this, as reflected by the June 2010 Peace Jirga held in Kabul and the 70-member High Peace Council that was formed thereafter. In spite of the talks, no one in Washington or Kabul has clarified what reconciliation means in practice, particularly with respect to accountability for abuses that occurred during the rule of the Taliban as well as those that occurred when rival factions fought with each other before the Taliban came to power. On November 10, 2010 representatives from Afghan and international NGOs, as well as the UN, gathered for a one-day Conference on Peace, Reconciliation, and Justice in Kabul to revitalize public discussion on peace and reconciliation among the government of Afghanistan, the international community, and Afghan civil society. The discussions revealed a troubling disconnect between the High Peace Council and Afghan civil society representatives who strongly criticized the Council\'s inclusion of former militia leaders among its members, the lack of transparency in its activities, and the lack of clarity in its objectives. These criticisms indicate that for a peace process to have broad, popular support, the Afghan government and the international community must make greater efforts to engage local leaders in a dialogue and account for the interests of communities and interest groups that are not represented in the High Peace Council.
Topic:
Conflict Resolution, Human Rights, Islam, War, and Insurgency
Political Geography:
Afghanistan

1128. On the Record

Author:
Mohammed ElBaradei
Publication Date:
02-2011
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
"For years, the West has bought Mr. Mubarak's demonization of the Muslim Brotherhood lock, stock and barrel, the idea that the only alternative here are these demons called the Muslim Brotherhood who are the equivalent of Al Qaeda's... I am pretty sure that any freely and fairly elected government in Egypt will be a moderate one, but America is really pushing Egypt and pushing the whole Arab world into radicalization with this inept policy of supporting repression."
Topic:
Civil Society, Democratization, and Human Rights
Political Geography:
United States, Iran, Israel, Arabia, Egypt, and Vienna

1129. Egypt's Security Forces: A Key Factor in the Crisis

Author:
Jeffrey White
Publication Date:
01-2011
Content Type:
Policy Brief
Institution:
The Washington Institute for Near East Policy
Abstract:
The current wave of protests in Egypt has pitted thousands of demonstrators against the police and Central Security Forces (CSF). The performance of these forces is key to the outcome of the crisis. If they can contain the demonstrations without excessive violence, the protests will likely burn themselves out over time. But if the demonstrations continue or escalate into greater violence, the police and CSF could break down, either dissolving entirely or engaging in undisciplined violence that further exacerbates the situation. Such a scenario, or even the likelihood of it, would probably spur the government to deploy army personnel to support the security forces, deter further demonstrations, and, if necessary, put down the protests through force. That would be a true crisis for the government, one with an uncertain outcome.
Topic:
Security, Civil Society, Democratization, and Human Rights
Political Geography:
Arabia and Egypt

1130. Nigeria's Elections: Reversing the Degeneration?

Publication Date:
02-2011
Content Type:
Policy Brief
Institution:
International Crisis Group
Abstract:
The April 2011 general elections – if credible and peaceful – would reverse the degeneration of the franchise since Nigeria returned to civilian rule in 1999, yield more representative and legitimate institutions and restore faith in a democratic trajectory. Anything similar to the 2007 sham, however, could deepen the vulnerability of West Africa's largest country to conflict, further alienate citizens from the political elite and reinforce violent groups' narratives of bad governance and exclusion. Flawed polls, especially if politicians stoke ethnic or religious divides, may ignite already straining fault lines, as losers protest results. Despite encouraging electoral preparations, serious obstacles remain. Many politicians still seem determined to use violence, bribery or rigging to win the spoils of office. In the remaining weeks, national institutions, led by the Independent National Election Commission (INEC), should redouble efforts to secure the poll's integrity, tackle impunity for electoral crimes, increase transparency and bolster safeguards, including by publicising results polling station by polling station and rejecting bogus returns.
Topic:
Political Violence, Civil Society, Democratization, Human Rights, and Governance
Political Geography:
Africa and Nigeria