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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