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Begin New Search Topic Human Rights Political Geography America Content Type Journal Article Publication Year within 25 Years

11. Towards a Jurisprudential Articulation of Indigenous Land Rights

Author:
Gaetano Pentassuglia
Publication Date:
02-2011
Content Type:
Journal Article
Abstract:
As expert analysis concentrates on indigenous rights instruments, particularly the long fought for 2007 UN Declaration on the Rights of Indigenous Peoples, a body of jurisprudence over indigenous land and resources parallels specialized standard-setting under general human rights treaties. The aim of the present article is to provide a practical and comparative perspective on indigenous land rights based on the process of jurisprudential articulation under such treaties, principally in the Inter-American and African contexts. While specialized standards inevitably generate a view of such rights (and, indeed, indigenous rights more generally) as a set of entitlements separate from general human rights, judicial and quasi-judicial practice as it exists or is being developed within regional and global human rights systems is effectively shaping up their content and meaning. I argue that indigenous land rights jurisprudence reflects a distinctive type of human rights discourse, which is an indispensable point of reference to vest indigenous land issues with greater legal significance. From a practical standpoint, focussing on human rights judicial and quasi-judicial action to expand existing treaty-based regimes and promote constructive partnerships with national courts, though not a panacea to all the intricacies of indigenous rights, does appear to offer a more realistic alternative to advocacy strategies primarily based on universally binding principles (at least at this stage) or the disengagement of domestic systems from international (human rights) law.
Topic:
Human Rights and United Nations
Political Geography:
Africa and America

12. Samantha and Her Subjects

Author:
Jacob Heilbrunn
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
The National Interest
Abstract:
The prophet armed, Samantha Power, has now drafted Obama into her crusade against mass slaughter. Liberal hawks and neocons, reunited. Make way for a profound foreign-policy transformation.
Topic:
NATO, Human Rights, and Humanitarian Aid
Political Geography:
Iraq, America, and Middle East

13. Argentina's Migration Solution

Author:
Gaston Chillier and Ernesto Seman
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
Americas Quarterly
Institution:
Council of the Americas
Abstract:
Most Latin American countries have regarded immigration policy as a function of border protection, using approaches that emphasize security and law enforcement, including strict regulation of work and residency permits. Nevertheless, such policies have not only failed in recent years to curb the growth of undocumented migrants; they have also clashed with resolutions adopted in 2003 and 2008 by the Inter-American Court of Human Rights that guarantee migrant rights. Argentina is a notable exception. Thanks to a law passed in 2004, it has emerged as a model for innovative immigration policymaking. The law incorporated the recognition of migration as a human right. But what really made it historic was the open, consultative process used to conceive, develop and pass the legislation. How Argentina got there is an instructive story—and it may hold lessons for its neighbors and for other areas of the world. A Country of Immigrants Struggles with Its Limits As a country known both as a source and a destination for immigrants, Argentina has always carved out a special place for itself in Latin America. In the nineteenth century, it forged a national identity through an open-door immigration policy that was geared selectively toward European immigrants. But migration from neighboring countries such as Bolivia, Chile and Paraguay increased steadily to the point that—by the 1960s—the number of immigrants from its neighbors outpaced arrivals from Europe. In response, Argentina imposed stricter controls on the entry and exit of foreigners, beginning with legislation introduced in 1966. The legislation established new measures for deporting undocumented immigrants. In 1981, under the military dictatorship, legislative decrees that allowed the state to expel migrants were codified into law for the first time as Law 22.439, also known as La Ley Videla (named after the military dictator Jorge Rafael Videla, who was later convicted of human rights violations). The law contained several provisions that affected constitutional guarantees, including the right of authorities to detain and expel foreigners without judicial redress; the obligation of public officials to report the presence of unauthorized immigrants; and restrictions on their health care and education. For example, undocumented immigrants could receive emergency health care, but hospitals were then obligated to report them. The resolutions and decrees of the National Migration Office—first established in 1949—turned the office into a vehicle for the violation of migrant rights and precluded it from regulating immigration and addressing immigrants' status. From the downfall of the military dictatorship in 1983 until 2003, congress failed to repeal La Ley Videla or enact an immigration law in accordance with the constitution and international human rights treaties recognizing migrant rights. In fact, the executive branch expanded the law's discriminatory features and promoted the autonomy of the National Migration Office to establish criteria for admission and expulsion from the country without any legal oversight. The continuation of La Ley Videla relegated close to 800,000 immigrants—most of whom came from neighboring countries—to “irregular” status, with serious sociopolitical consequences. Efforts to rectify the situation at first met little success. In the absence of reform, Argentine immigration policy was based on individual agreements with countries like Bolivia and Peru to regulate immigrant flows. These agreements failed to address the larger realities of immigrant flows and Argentine authorities often expelled immigrants despite the treaties. As a result, courts repeatedly upheld detentions and expulsions sanctioned by the immigration authorities, with no formal mechanisms to ensure justice for immigrants. In turn, the high cost of filing or pursuing an appeal generally made this an unlikely option. In 1996, this unjust and unsustainable situation led to the creation of the Roundtable of Civil Society Organizations for the Defense of Migrant Rights, a diverse coalition of human rights groups. The roundtable sought to counter xenophobic rhetoric from state ministries and from the president. It worked for migrant rights and included a diverse coalition of immigrant associations, religious groups, unions, and academic institutions. A key goal was to expose the contradictions and inconsistencies of La Ley Videla by sponsoring reports on human rights abuses of migrants, bringing cases to court and submitting complaints to the Inter-American Human Rights System. In 2000, the organization outlined a specific agenda to repeal La Ley Videla and to pass a new immigration law that respected the rights of foreigners. Criteria for the new legislation included: administrative and judicial control over the National Migration Office; reform of deportation and detention procedures to guarantee due process; recognition of the rights of migrants and their families to normalize their immigration status; and elimination of discrimination and other forms of restrictive control in order to ensure access to constitutionally guaranteed social rights and services…
Topic:
Human Rights, Migration, and Immigration
Political Geography:
America, Argentina, Latin America, Chile, and Bolivia

14. Is the OAS Irrelevant?

Author:
Anthony DePalma
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
Americas Quarterly
Institution:
Council of the Americas
Abstract:
No abstract is available.
Topic:
Human Rights
Political Geography:
United States, America, and Brazil

15. The True Costs of Humanitarian Intervention

Author:
Benjamin A. Valentino
Publication Date:
11-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
As forces fighting Libyan leader Muammar al-Qaddafi consolidated control of Tripoli in the last days of August 2011, many pundits began speaking of a victory not just for the rebels but also for the idea of humanitarian intervention. In Libya, advocates of intervention argued, U.S. President Barack Obama had found the formula for success: broad regional and international support, genuine burden sharing with allies, and a capable local fighting force to wage the war on the ground. Some even heralded the intervention as a sign of an emerging Obama doctrine. It is clearly too soon for this kind of triumphalism, since the final balance of the Libyan intervention has yet to be tallied. The country could still fall into civil war, and the new Libyan government could turn out to be little better than the last. As of this writing, troubling signs of infighting among the rebel ranks had begun to emerge, along with credible reports of serious human rights abuses by rebel forces. Yet even if the intervention does ultimately give birth to a stable and prosperous democracy, this outcome will not prove that intervention was the right choice in Libya or that similar interventions should be attempted elsewhere. To establish that requires comparing the full costs of intervention with its benefits and asking whether those benefits could be achieved at a lower cost. The evidence from the last two decades is not promising on this score. Although humanitarian intervention has undoubtedly saved lives, Americans have seriously underappreciated the moral, political, and economic price involved. This does not mean that the United States should stop trying to promote its values abroad, even when its national security is not at risk. It just needs a different strategy. Washington should replace its focus on military intervention with a humanitarian foreign policy centered on saving lives by funding public health programs in the developing world, aiding victims of natural disasters, and assisting refugees fleeing violent conflict. Abandoning humanitarian intervention in most cases would not mean leaving victims of genocide and repression to their fate. Indeed, such a strategy could actually save far more people, at a far lower price.
Topic:
Security, Government, and Human Rights
Political Geography:
America, Washington, and Libya

16. At the Intersection of Domestic Acts and Globalization: The Case of Irregular Migrants15

Author:
Federico Daniel Burlon
Publication Date:
03-2011
Content Type:
Journal Article
Journal:
Macalester International
Institution:
Macalester College
Abstract:
Sixty-five percent of the Netherlands is below sea level: ten thousand miles of dykes, gates, and dams hold back the sea. As the water besieges the land, some politicians and scholars claim that immigrants are doing the same to the country. On the other side of the Atlantic, immigration to the United States also has been compared to a tide that must be contained. The fears surrounding immigration have been one of the focal points raised by former United Nations Secretary-General Kofi Annan and by his successor, Ban Ki-moon. As a result of the dramatic increase of migration flows and the large number of irregular migrants worldwide, immigration has moved from low to high politics. Fuelled by a mentality that sees domestic security as threatened, the salience of irregular immigration is grounded in parallels drawn between the control of illegal immigration and the control of crime. According to Adam Crawford, the conflation of illegal immigration with crime has led Western governments to rule through the politics of fear of crime and insecurity. The impact of these policies on irregular immigrants illustrates what John Tomlinson calls the reflexive nature of globalization. An insightful avenue to take in order to explore globalization is the study of human mobility. Globalization has placed immigrants at the nexus of the increase in migration due to lower transportation costs, the development of the international human rights regime, and the enactment of increasingly restrictive immigration policies by developed countries. The interplay between these processes crystallizes in detention centers, and renders immigrants vulnerable to human rights violations. Studying globalization from a comparative perspective, this essay analyzes the impact of the International Human Rights Regime (IHRR) on American and Dutch immigration detention policies. In the last decades, detention has become the established way of dealing with irregular migrants. It lamentably obscures various essential examples of alternative legislation.
Topic:
Globalization, Human Rights, and United Nations
Political Geography:
United States, America, and Netherlands

17. Treaty Interpretation by the Inter-American Court of Human Rights: Expansionism at the Service of the Unity of International Law

Author:
Lucas Lixinski
Publication Date:
08-2010
Content Type:
Journal Article
Abstract:
The article examines the jurisprudence of the Inter-American Court of Human Rights in several areas of adjudication which initially did not fall under the instrument, such as environmental rights, international humanitarian law, and investors' rights. In all these areas, the Court has used instruments 'foreign' to the Inter-American system as a means to expand the content of rights in the American Convention. As a result, the umbrella of protection of this instrument, and the reach of the Court, is far greater than originally envisaged. After analysing the specific provision on interpretation of the American Convention on Human Rights as compared to the equivalent mechanisms in the Vienna Convention on the Law of Treaties, the article analyses several case studies of expansionism in the case law of the Court, asking throughout the analysis the question whether this helps the unity or the fragmentation of international law. The article argues that this exercise in expansionism, albeit imperfect, eventually contributes to the unity of international law. In this sense, this expansionism happens within controlled boundaries, and the use of external instruments is more of a validation of findings the Court could make based solely on the Inter-American instruments, rarely creating new rights.
Topic:
Human Rights and International Law
Political Geography:
America and Vienna

18. Democratization in the Gulf Monarchies and American Civil Society

Author:
M. Nazrul Islam and Muhammad Azam
Publication Date:
09-2010
Content Type:
Journal Article
Journal:
Alternatives: Turkish Journal of International Relations
Institution:
Center for International Conflict Resolution at Yalova University
Abstract:
The paper deals with the efforts made by American private sector and civil society actors after 2000 to popularize democratic values and norms in the six Gulf states, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. The study is focused on areas including politics, education, culture, media, human rights, and women empowerment. The paper also deals with approaches adopted, goals and objectives set and strategies devised and employed by the American NGOs regarding democracy promotion in the Gulf region.
Topic:
Civil Society, Democratization, Education, Human Rights, Politics, and Culture
Political Geography:
America, Kuwait, Saudi Arabia, Bahrain, Qatar, and Oman

19. Is the Wedding of Trade and Human Rights a Marriage of Convenience or a Lasting Union?

Author:
Susan Ariel Aaronson
Publication Date:
06-2010
Content Type:
Journal Article
Journal:
Human Rights and Human Welfare - Review Essays
Institution:
Josef Korbel Graduate School of International Studies, University of Denver
Abstract:
Where many see trade policies and agreements as undermining human rights, Emilie Hafner- Burton takes a contrarian and more optimistic view. Her provocative and well-written book, Forced to Be Good: Why Trade Agreements Boost Human Rights, is based on years of qualitative and empirical analysis of the marriage of trade agreements and human rights. She shows that, rather than undermining human rights, Americans and Europeans have developed “mutually binding trade agreements that safeguard people's rights and even impose penalties for violations” (2). Moreover, Hafner-Burton provides an illuminating analysis as to why developing countries might accept increased human rights conditionality. She concludes that acceptance of human rights conditionality illustrates an “extraordinary political conversion in the way governments manage trade”.
Topic:
Human Rights
Political Geography:
America and Europe

20. Dusk or Dawn for the Human Rights Movement?

Author:
Sarah E. Mendelson
Publication Date:
04-2009
Content Type:
Journal Article
Journal:
The Washington Quarterly
Institution:
Center for Strategic and International Studies
Abstract:
About a month before the 60th anniversary of the Universal Declaration of Human Rights (UDHR), the United States elected its first African-American president, Barack Obama. This historic event, a fitting milestone, brings to life that declaration, which human rights activists and legal scholars regard as the sacred text. Obama's election fulfills a dream of the U.S. civil rights movement, a struggle that relied as much on the UDHR as on the courage of the men and women who for decades fought to make the United States a ''more perfect union.'' For human rights defenders around the world, its significance cannot be overstated.
Topic:
Human Rights
Political Geography:
Africa, United States, and America