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41961. Beyond the Limits of Multiculturalism : The Role of Europe's Traditional Minorities

Author:
Tove H. Malloy
Publication Date:
07-2013
Content Type:
Policy Brief
Institution:
European Centre for Minority Issues
Abstract:
In the debate on multiculturalism in Europe, traditional minorities are often excluded even though their experience with diversity is longer than most. This is because the received wisdom in Europe seems to equate multiculturalism with immigration and lately mainly with Muslim communities. This is different in the Anglo world, and especially in the context of Canada and Australia, where traditional minorities and indigenous groups are considered a dimension of multiculturalism. However, traditional minorities have been part of the European fabric of cultures for centuries, and they have contributed to making multiculturalism work through a number of inter-cultural dialogue mechanisms. This Issue Brief will discuss the role of traditional minorities in multiculturalism, in particular in terms of institutional arrangements at different levels of government.
Topic:
Multiculturalism, Minorities, Ethnicity, Diversity, and Institutions
Political Geography:
Europe

41962. Changing the Angle: Does the Notion of Non-Territorial Autonomy Stand on Solid Ground?

Author:
Alexander Osipov
Publication Date:
07-2013
Content Type:
Policy Brief
Institution:
European Centre for Minority Issues
Abstract:
The ideas of non-territorial autonomy (NTA) for ethnic groups are used increasingly often, but in such a way, that perhaps it would be prudent at this point to take a step back and ask what some may already view as a naive question; namely, to ask why the notion of NTA is necessary and what added value it brings about. I would argue that the relative popularity of the concept rests not on real achievements in policy-making or research but rather on several taken for granted assumptions. The latter ones require a highly critical examination, and this brings us to a reconsideration of the role the notion may play and the scope of its potential application.
Topic:
Minorities, Ethnicity, Diversity, Identity, and Territory
Political Geography:
Europe

41963. Serbia-Kosovo Agree to Normalize Relations, Now to “Normalize” Society

Author:
Charles Cadwell
Publication Date:
04-2013
Content Type:
Commentary and Analysis
Institution:
Urban Institute
Abstract:
The prime ministers of Kosovo and of Serbia initialed an agreement Friday to normalize relations between their two countries. This accomplishment—at the last hour and under the careful and forceful leadership of the EU’s Catherine Ashton—does not, by itself, reconcile the long-standing enmity between neighbors in Kosovo, a territory now recognized by 90 countries as a nation. The devil is in the implementation details yet to be worked out.
Topic:
Treaties and Agreements, Bilateral Relations, Conflict, Negotiation, and Normalization
Political Geography:
Eastern Europe, Kosovo, and Serbia

41964. What Will "Our Turn to Eat" Mean the Day After the Kenyan Elections?

Author:
Charles Cadwell
Publication Date:
03-2013
Content Type:
Commentary and Analysis
Institution:
Urban Institute
Abstract:
All eyes are on Kenya today as some 14 million citizens are expected to vote for an array of candidates for president and other offices. The world hopes to avoid a repeat of the post-election violence in late 2007 and early 2008 that killed some 1,500 people and created as many as 600,000 refugees, a trauma that lingers even five years later. Indeed, one candidate and his running mate are under indictment at the International Criminal Court in The Hague for their role in the 2008 violence. Nonetheless, at a rally last weekend, six presidential candidates held hands and committed to accept the results of the vote. While there are reports of scattered pre-election violence, most observers do not expect a repeat of the last cycle’s mayhem. In this circumstance, it’s easy to lose sight of the dramatic changes in Kenya’s political and governmental structure that take place tomorrow. These elections launch an entirely new constitutional arrangement for Kenya.
Topic:
Government, Elections, Constitution, and Transition
Political Geography:
Kenya and Africa

41965. Lighting the way to municipal prosperity

Author:
Mary Larzelere
Publication Date:
09-2013
Content Type:
Commentary and Analysis
Institution:
Urban Institute
Abstract:
When was the last time you thought about street lights? They’re certainly something I’ve always taken for granted, until a recent trip to Kosovo as part of an Urban Institute program supported by USAID, the Democratic Effective Municipalities Initiative (DEMI). DEMI is a three-year, $20 million project dedicated to helping Kosovo municipalities achieve good governance at the local level. DEMI undertakes steps to make local service delivery more transparent and inclusive, and make local officials more accountable for results, a true challenge in any democracy, let alone a new one such as Kosovo’s.
Topic:
Infrastructure, Electricity, and Public Service
Political Geography:
Eastern Europe and Kosovo

41966. Addicted to Punishment: The Disporportionality of Drug Laws in Latin America

Author:
Rodrigo Uprimny, Diana Esther Guzmán, and Jorge Parra
Publication Date:
01-2013
Content Type:
Working Paper
Institution:
Dejusticia
Abstract:
This document analyzes the proportionality of drug related crimes in seven Latin American countries through the study of the evolution of their criminal legislations from 1950 until 2012. The study suggests the existence of a regional tendency to maximize the use of criminal law for combating this type of conducts. Addicted to punishment is part of a series of studies carried out by the Research Consortium on Drugs and the Law (CEDD) that critically analyze the application of the proportionality principle in relation with drug crimes. The studies find that the punishments imposed and the punitive treatment of the offenders are disproportional, often generating more damages than benefits.
Topic:
Law, Criminal Justice, Drugs, Criminology, and Legal Sector
Political Geography:
Latin America

41967. Recent Developments at the Extraordinary Chambers of the Courts of Cambodia

Publication Date:
03-2013
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The death of Ieng Sary, one of the three accused in Case 002 at the Extraordinary Chambers in the Courts of Cambodia, cast into sharp relief the many delays and difficulties that threaten to deny justice to the victims of the Khmer Rouge. The court continues to struggle with Case 002, while the specter of political interference haunts Cases 003 and 004, and a funding crisis hangs over the entire institution. This report examines recent events at the court and offers recommendations for action by the UN, the Royal Government of Cambodia, and the court’s donors.
Topic:
Conflict Resolution, United Nations, Courts, and Transitional Justice
Political Geography:
Cambodia

41968. Migrant Workers’ Access to Justice at Home: Indonesia

Publication Date:
10-2013
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Each year, around half a million Indonesians travel abroad to work, half of those to the Middle East. Many are women who suffer abuse and exploitation when they work abroad but have virtually no access to recourse within their host country’s legal system. The vulnerability of migrant workers abroad makes it crucial for them to be able to seek redress in their own countries. Migrant Workers’ Access to Justice at Home: Indonesia is the first comprehensive study of migrant workers’ access to justice in their country of origin. A collaborative effort by the Open Society International Migration Initiative, the Tifa Foundation, and the Migrant Worker Access to Justice Project, the report analyzes how migrant workers may access justice in Indonesia, and identifies the systemic barriers that prevent them from receiving redress for harms they suffer before, during, and after their work abroad. The report also provides recommendations for improving access to justice and private sector accountability in 11 key areas, addressed to government, parliament, civil society, donors, and others. Migrant Workers’ Access to Justice at Home: Indonesia is an important contribution to advancing the rights of migrant workers and will serve as a valuable guide for civil society groups in Indonesia and elsewhere to better understand, use, and test existing justice mechanisms to enforce migrant workers’ rights.
Topic:
Migration, Labor Issues, Employment, Economic Policy, Justice, Migrant Workers, and Legal Sector
Political Geography:
Indonesia and Middle East

41969. How the EU Can Safeguard Its “Fundamental Values”: Two Ideas

Publication Date:
07-2013
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
This paper outlines two initiatives that could be taken up by the EU institutions to improve compliance with fundamental rights, democracy and the rule of law by EU Member States. These measures would not require the introduction of new legislation or amendment of the EU treaties. Rather, they could be put into effect within a short time-frame through informal changes in internal policy by the institutions and inter-institutional agreements.
Topic:
Human Rights, Treaties and Agreements, European Union, Democracy, Civil Rights, and Institutions
Political Geography:
Europe

41970. How to Monitor the Rule of Law, Democracy, and Fundamental Rights in the EU

Publication Date:
08-2013
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
There is a risk that no concrete steps will emerge from consultations and discussions in the European Commission and Council on how to protect the EU’s fundamental values within its member states. The European Commission could take two initiatives to improve compliance with fundamental rights, democracy, and the rule of law by its member states. Namely, to reintroduce country-monitoring and develop a fundamental rights litigation strategy. These measures would not require the introduction of new legislation or amendment of the EU treaties. Rather, they could be put into effect within a short timeframe through informal changes in internal policy by the institutions and inter-institutional agreements. This policy brief explores the legal and practical feasibility of these two initiatives with the goal of informing EU member state diplomats and Commission officials during their ongoing discussions on how best to protect fundamental rights in Europe.
Topic:
Diplomacy, Human Rights, European Union, Democracy, and Rule of Law
Political Geography:
Europe

41971. Can Democracy Take Root in Georgia?

Author:
Ivane Chkhikvadze
Publication Date:
05-2013
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
Seven months after a genuinely contested election led to a historic change of government in Georgia, the situation remains precarious. The new “cohabitation” between the Georgian Dream coalition led by Prime Minister Bidzina Ivanishvili in a strengthened parliament and President Mikheil Saakahsvili has weathered constitutional reform but is far from stable. Recent arrests of former high-ranking officials have raised questions. The new government faces the challenge of meeting public demand for accountability for the previous government’s abuse of power while delivering an ambitious legislative reform agenda. Greater openness to civil society and its pro-reform agenda has impressed many impartial observers, but domestic impatience for socio-economic improvement and job creation is growing. This latest policy brief addresses the challenges in Georgia and for the ruling coalition, and argues that reforms aimed at an independent judiciary and effective criminal justice system should take precedence over restorative justice. It also advocates a constructive approach by government and opposition in enacting lasting reforms to state institutions to ensure that they are neutral and not fused with the ruling party. Although it needs to improve communication with international audiences, the government should place less importance on image-making abroad, but rather more time listening to citizens and delivering on reforms. Finally, in the run-up to the presidential elections in October and the Vilnius Summit in November, EU member states, parliamentarians, and officials should desist from taking sides based on partisan allegiances and judge Georgia on the implementation of its commitments.
Topic:
Democratization, Elections, Constitution, Illiberal Democracy, and Political Rights
Political Geography:
Georgia

41972. The EU Charter of Fundamental Rights: What Can It Do?

Author:
Israel Butler
Publication Date:
02-2013
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
The Charter of Fundamental Rights of the European Union is a legally binding document that contains a list of human rights recognised by the European Union (EU). It could become a powerful tool available to influence policy makers or serve as a basis for litigation. Individuals can use judicial and political mechanisms to hold EU institutions, and in certain circumstances member countries, to account when they fail to comply with the Charter. The Charter can also be used to pressure decision makers to bring policies and legislation under development in line with human rights standards. This background paper explains when and how the Charter can be used by advocates at national and EU level.
Topic:
European Union and Political Rights
Political Geography:
Europe

41973. The Race Equality Directive: A Shadow Report

Author:
Eefje de Kroon
Publication Date:
07-2013
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
The Race Equality Directive: A Shadow Report collects lessons learned from the implementation of the Race Equality Directive in nine European Union member states. The Race Equality Directive is a piece of legislation adopted in 2000 by the Council of Ministers of the European Union implementing the principle of equality for all irrespective of racial or ethnic origin. The directive comes under review at the end of 2013, 10 years after its entry into force. The report includes data on Bulgaria, the Czech Republic, France, Germany, Greece, Hungary, Italy, the Netherlands, and Spain. Annex I contains summaries of developments in each of these member states. The report identifies trends in the challenges facing the countries examined, examples of successful or problematic implementation, and includes recommendations for improving effective implementation. Challenges to the implementation of the Race Equality Directive include: lack of disaggregated data needed to implement parts of this legislation and evaluate its effectiveness; unclear identification of proxy categories that can be used to detect discrimination on the ground of racial and ethnic origin; problems that impede effective access to and use of judicial (individual or collective) redress against discrimination; hindrances to alternative forms of individual (or collective) redress, through the equality bodies. Analysis is based on two sources of data: country reports by specialized international monitoring bodies (excerpts of these are contained in Annex II) and data generated through a short questionnaire (in Annex III) completed by independent experts and subject matter experts within the Open Society Foundations.
Topic:
Race, Law, Ethnicity, Discrimination, and Equality
Political Geography:
Greece, France, Germany, Bulgaria, Hungary, Spain, Italy, Netherlands, and Czech Republic

41974. Transforming Health: International Rights-Based Advocacy for Trans Health

Publication Date:
02-2013
Content Type:
Special Report
Institution:
Open Society Foundations
Abstract:
Trans people across the world face substantial barriers to adequate health and health care. They are targets of discrimination and violence, are at greater risk of contracting HIV, and experience a higher incidence of mental health problems like depression. They face discrimination from health care providers, a lack of doctors trained to address their needs, and the refusal of many national health systems and insurance providers to cover their care. Yet trans communities are building alliances to promote trans health and to fight for policies that respect gender diversity and human rights. This report profiles projects from 16 organizations in twelve countries that address these barriers. These projects offered general health services as well as those related to gender transition, trained health care providers to respond to the needs and concerns of trans patients, conducted public education campaigns about discrimination against trans people, advocated for legal and medical policy changes, and organized trans communities to empower themselves. Collecting insights from these projects, Transforming Health makes recommendations to governments, rights advocates, health professionals and public health organizations, and health and rights donors.
Topic:
HIV/AIDS, Gender Issues, Health, Discrimination, LGBT+, Public Health, Sexual Health, and Transgender
Political Geography:
Global Focus

41975. Position Paper: Bringing migrant detention into line with human rights standards

Author:
Costanza Hermanin
Publication Date:
06-2013
Content Type:
Policy Brief
Institution:
Open Society Foundations
Abstract:
On the occasion of the 2013 review of the implementation of the Return Directive, this position paper encourages the European Commission to consider whether to adopt updated guidelines. It urges member states to consider adopting legislation to bring procedural safeguards and minimum conditions in line with human rights standards whenever detention is used during the return process.
Topic:
Human Rights, Migration, Law, European Union, Legislation, Migrant Workers, and Political Rights
Political Geography:
Europe

41976. Human Rights and the Transformation Process in Turkey

Author:
Bülen Arınç
Publication Date:
06-2013
Content Type:
Policy Brief
Abstract:
The increase in the number of nation-states and the violent wars of the last century has triggered the evolution of a new approach that seeks to find a place for the individual in international law. In other words, human rights has become internationalised and this is for the good of all humanity. Today, the fundamental human rights principles, such as justice, equality and freedom, have been embraced unquestionably and put into writing, which demonstrates that they were adopted by all peoples on earth. The fundamental principles of human rights include ensuring a life and governance system where all people will be free and equal and not subject to discrimination due to their race, colour, sex, language, religion, faith, nationality or ethnic origin. In addition, the rights must include an adequate standard of living for the individual, encompassing health, education, food, shelter and social services; an equal enjoyment of legal protection; freedom of assembly and association; and freedom of belief, conscience, thought and speech.
Topic:
International Relations and International Affairs
Political Geography:
Turkey

41977. Turkey’s Regional Approach in Afghanistan: A Civilian Power in Action

Author:
Saban Kardas
Publication Date:
04-2013
Content Type:
Special Report
Abstract:
This policy brief studies Turkey’s contributions to the resolution of the Afghan conflict by focusing on its regional approach. The brief puts forth the argument that Afghanistan provides a good show-case to demonstrate the elements of a new security culture Turkey has adopted in its post-Cold War transformation. Reflecting the growing power of civilians in the making of foreign policy, Turkey’s security culture has evolved in ways that it has embraced many liberal elements, which can be grouped under the concept of cooperative security.
Topic:
International Affairs
Political Geography:
Turkey

41978. Making Sense of Turkish-EU Relations in the Aftermath of the Arab Spring

Author:
Bülent Aras
Publication Date:
04-2013
Content Type:
Policy Brief
Abstract:
Both the EU’s recognition of the importance of its value system and Turkey’s rediscovery of its European component in its foreign policy identity have occurred during a period of radical transformation in the Mediterranean region. The Arab Spring has resulted in a process of renegotiation over territory, identity and governance which has eventually fostered the idea of a new regional political community. The EU is in an advantageous position now if it truly wants to build a political community eastwards and southwards. One logical move would be a renegotiation in the EU over Turkey’s role in a new vision for the future of the EU. Turkey’s European identity and policy style will continue to shape its own neighbourhood policy as it is at the centre of a new geopolitical thinking. Ankara sees itself as having an order-instituting role in its changing neighbourhood and is in a process of recalibrating its policies in this direction. The Turkish and EU models complement each other, and there is no possibility for any other model to compete with these perspectives in the foreseeable
Topic:
International Relations and International Affairs
Political Geography:
Europe and Turkey

41979. Security Matters

Author:
Centre for European Security Studies
Publication Date:
02-2013
Content Type:
Commentary and Analysis
Institution:
Centre for European Security Studies
Abstract:
In 2012 CESS conducted a range of activities in Turkey in the framework of the “Good Governance of the Security Sector in Turkey” programme: In March we organised a conference and a follow-up training course in Ankara on Financial Accountability and Budgetary Transparency of the Security Sector. During these events we discussed the main procedures in reviewing defence budgets and particular attention was dedicated to the role of the Court of Accounts. It became clear during the proceedings of both events that despite the fact that changes have been made for the better in Turkey with regard to financial oversight of the security sector, most of these changes unfortunately are only made on paper and are still not put into practice. The auditing process clearly lacks key mechanisms that would make the military more accountable. Therefore the Court of Accounts still has no real leverage over the military in terms of auditing defence spending.
Topic:
International Affairs
Political Geography:
Global Focus

41980. México ante la Revolución Energética

Author:
COMEXI
Publication Date:
09-2013
Content Type:
Special Report
Institution:
Mexican Council on Foreign Relations (COMEXI)
Abstract:
México ante la revolución energética” es producto del análisis y diálogo del Grupo de Trabajo de Energía del Consejo Mexicano de Asuntos Internacionales (COMEXI). Expertos, especialistas y conocedores de primer nivel relacionados con el tema se dieron a la tarea de discutir y hacer una propuesta relacionada con un asunto clave en el escenario internacional actual: el cambiante panorama energético
Topic:
International Affairs
Political Geography:
Mexico