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61. Tunisia: Human Rights Organizations and the State

Author:
Hatem Chakroun
Publication Date:
05-2018
Content Type:
Research Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
This paper seeks to describe and analyse in a contextual way how the relationship between human rights organizations and the State in Tunisia has evolved since independence. The establishment and consolidation of national State institutions after independence was the main obsession of the ruling political network in Tunisia. This dictated its antagonistic position and measures against pluralism and inclusion of various political groups, all of which had been once unified in the anticolonial struggle. After independence, this common objective disappeared and differences materialized regarding which political system and policies to adopt in order to building a modern nation-state in Tunisia. The consolidated regime of President Habib Bourguiba succeeded in imposing an authoritarian single-party political system, whose “legitimacy” rested on the anticolonial struggle, that controlled the state, to which all had to show loyalty. The autocratic political system continued after 1987 with the reign of President Zine El Abidine Ben Ali, who presented a retooled authoritarian political vision. The human rights community represented by the Tunisian League for the Defence of Human Rights came under pressure as the State attempted to coerce it into adopting a tailored vision of human rights compatible with the logic of a dictatorship. Ben Ali regime had also set up a façade of commitment to human rights as expressed in various laws, about which he boasted on all occasions and political events with total disregard for systematic violations by repressive state bodies. After the fall of Ben Ali following a popular uprising that rejected repression and authoritarianism and expressed a popular longing for freedom and dignity, a new vision began to form of the relationship between the State and the human rights community in Tunisia. The starting point was very positive with long time human rights activists playing a central role in the process of establishing a vision for the new republic based on respect for the principles of human rights. However, the political contention among various political factions and higher state echelons, fuelled by varying ideologies and interests, has affected this relationship, which oscillated between harmony and dissonance.
Topic:
Human Rights, Social Movement, Protests, and NGOs
Political Geography:
Africa, North Africa, and Tunisia

62. The Impact of the Human Rights Movement in Tunisia: Between Legislation and Practice (2010-2016)

Author:
Afifa Mannai
Publication Date:
07-2018
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
This paper addresses the role of the human rights movement in Tunisia in influencing state legislations and practices. It also attempts to tackle a shift from largely monitoring and denouncing rights violations prior to the January 2011 revolution to participating in drafting bills and lobbying for policy reforms that could reduce these violations. The human rights movement was not isolated from what Tunisia experienced in the years following the 2011 revolution, which resulted in massive realignments of social and political structures and practices with a heightened awareness of the importance of human rights and the need to continue the struggle to demand and enjoy them. This new climate witnessed a change not only in terms of the scope of the demands put forth by the human rights movement but also regarding the means and mechanisms it used to achieve these demands, which at times succeeded but ended in failure some other times.
Topic:
Human Rights, United Nations, Social Movement, and Revolution
Political Geography:
Africa, North Africa, and Tunisia

63. The Human Rights Movement in Morocco: The Dialectic of Influence

Author:
Mohamed Outahar
Publication Date:
07-2018
Content Type:
Working Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
The relationship between the human rights movement and the state in Morocco has gone through two major stages since the movement appeared in the 1970s. The first phase (1970s–1990s) was antagonistic in the broader ferocious political conflict that lasted from independence till the 1990s. Civil and political rights were routinely violated, and members of the opposition were incarcerated in secret detention centres. The state oppressed or ignored human rights activists or tried to contain them during that stage. This came to a gradual end in the early 1990s. The ruling regime changed the way it viewed the human rights movement and human rights themselves. Political detainees benefited from an amnesty and a process of reconciliation evolved as the state opened up the dark files of repressive practices such as arbitrary arrests, torture and enforced disappearances. The second phase, which began in the mid-1990s, came after the ruling regime had created and stabilized state institutions and the modalities of governance. It was then able to begin a calculated political opening bolstered by various internal and external forces. This, however, did not change the essentially contentious nature of the relationship between the human rights movement and the state. The conflict became subtle and more refined. The state attempted to turn the dark page of human rights’ violations within a process of transitional justice. Despite harsh criticism, this process heralded in some way the end of systematic torture, forced disappearance and detentions without fair trials. The scope and spread of human rights organizations and activists expanded in the following two decades, particularly after the movement of 20 February 2011, leading to the adoption of a new constitution that explicitly acknowledged the supremacy of international treaties and human rights laws and legislation. This paper reviews the history of the state’s relationship with the whole paradigm of human rights as it relates to society and politics and with human rights defenders in particular.
Topic:
Human Rights, Torture, United Nations, Constitution, and Repression
Political Geography:
Africa, North Africa, Morocco, and Rabat

64. Tunisia: Human Rights Organizations, Political Islam and its Groups

Author:
Mohamed Sahbi Khalfaoui
Publication Date:
09-2018
Content Type:
Research Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
How can we understand the relation of political Islam in Tunisia with the human rights system in its indivisibility and universality? Since the establishment of the Tunisian Islamic Movement in the early seventies, it has worked extensively to articulate public positions addressing issues of human rights and freedoms. This relationship sprang from a dual position which juxtaposed full hostility to personal freedoms such as sexual rights and a relatively positive interaction with public freedoms. Then came the deliberations and process of ratification of the 2014 Constitution which was special in its emphasis on equality between women and men, freedom of belief, and criminalization of accusation of blasphemy. The repression of Islamists in Tunisia in the 1980s and 1990s was the most important factor that defined their position, views, and engagement with human rights principles. After the fall of former Tunisian President Zine El Abedine Ben Ali in 2011, the return of the Islamist Ennahda (Renaissance) Movement to public activity was one of the most important features of the new political phase in the country. The Tunisian society was split between supporters and opponents of such a development. With the return of Ennahda and the emergence of other Islamist groups, especially the Salafis, the debate resumed over the position of Islamists towards human rights. While they attempted to include Islamic law (Sharia) as the main source of legislation in the constitution, Islamists continued to declare their belief in human rights principles. Some analysts were optimistic concerning a transformation in the Islamist ideology, while others insisted that Islamists were duplicitous, waiting until they are empowered enough to impose their project, which is inherently hostile to human rights. This paper is an attempt to review the Islamists’ positions on human rights and how they changed over time.
Topic:
Human Rights, Islam, Constitution, and Islamism
Political Geography:
Africa, North Africa, Tunisia, Mediterranean, and Tunis

65. Islamists and Rights Activists in Egypt: The Potential for Convergence

Author:
Heba Raoul Ezzat
Publication Date:
10-2018
Content Type:
Research Paper
Institution:
Arab Reform Initiative (ARI)
Abstract:
Animosity has been the keyword in the relationship between Islamists and rights advocates for most of the past few years in Egypt. Islamists turned a blind eye to many crimes committed by the regime and its security agencies between 25 January 2011 and mid-2013. On the other hand, some rights advocates took part in mobilizing and supporting the opposition movement that led to the June 2013 demonstrations and the military seizing power. However, the killings, executions, and other egregious rights violations, then the direct confrontation between the regime and rights groups culminating in a more restrictive NGO law, led rights defenders to take a firmer position, by condemning the regime, and monitoring and documenting its violations. More Islamists are expected to see an opportunity in resorting to human rights advocacy. As such, this would mean accepting more cooperation, especially in terms of monitoring and documentation through various initiatives and institutions established after 2013. Led by a new generation of actors, will this cooperation be free from ideological conflicts? The paper seeks to review, in broad brushstrokes, the contours and important turning points of the relationship between the two groups of actors and outline a possible future trajectory.
Topic:
Human Rights, International Cooperation, Islam, NGOs, and Repression
Political Geography:
Africa, United Nations, North Africa, Egypt, and Mediterranean

66. 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

67. The Proposed Hybrid Court for South Sudan

Author:
Owiso Owiso
Publication Date:
12-2018
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The 2015 Agreement on the Resolution of the Conflict in the Republic of South Sudan provides quite ambitiously and laudably for the creation of the Hybrid Court for South Sudan under the auspices of the African Union. The article is an extract from the author’s 2016 LL.M. dissertation submitted to the University of Pretoria. It critically examines the salient features of the proposed court with the aim of testing the court’s ability to effectively address historical grievances and injustices in South Sudan. In so doing, the article draws lessons from similar mechanisms in Africa and beyond. It also interrogates the role of the African Union and South Sudan in operationalising this court. It reveals strengths as well as weaknesses in the proposed design of the court as well as in the ability of the African Union and South Sudan to fulfil their obligations. Despite these weaknesses, the article argues that by harnessing the strengths identified and learning from lessons from across the continent, the African Union (AU) and South Sudan can overcome the anticipated challenges and operationalise a hybrid court which will effectively deliver sustainable justice to the victims of international crimes committed during the South Sudan civil war.
Topic:
Human Rights, International Cooperation, Transitional Justice, and African Union
Political Geography:
Africa and South Sudan

68. 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

69. A World in Transition: the Rise of Populism and the Fall of Multilateralism? (Full Issue)

Author:
Emily E. Fox, Richard Aidoo, Marten Brienen, Carlos de la Torre, Alexander B. Makulilo, and Joel Martinez
Publication Date:
04-2017
Content Type:
Journal Article
Journal:
The Journal of Diplomacy and International Relations
Institution:
School of Diplomacy and International Relations, Seton Hall University
Abstract:
For the Journal’s 19th issue, we explore modern populism across the world. Richard Aidoo looks at the landscape of anti-Chinese populism in the context of Africa’s resource scramble, while Alexander B. Makulilo takes an in depth look at the siren song of populism in Tanzania. Marten Brienen and Carlos de la Torre hone in on populism in Latin America, exploring its early 21st Century evolution and its relationship with democracy respectively. Additionally, the Journal is proud to publish an interview with Ron Boquier and Raul Castillo, both of whom are active supporters of human rights in Venezuela, a county was a harbinger of recent global populist sentiment. Outgoing editor Joel Martinez speaks with Boquier and Castillo on the roles of the United Nations and United States in helping to advance democratic reform in the country.
Topic:
International Relations, Human Rights, Politics, Natural Resources, Law, Democracy, Populism, Multilateralism, and Capital Flows
Political Geography:
Africa, China, Asia, Latin America, and Tanzania

70. Implementing the Responsibility to Protect: Domestic Processes and Foreign Assistance

Author:
Cecilia Jacob
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Australian National University Department of International Relations
Abstract:
On 28–29 October 2016, the Department of International Relations at The Australian National University, along with the Asia Pacific Centre for the Responsibility to Protect at the University of Queensland, and with support from the Australian Department of Foreign Affairs and Trade, hosted the conference Implementing the Responsibility to Protect: Domestic Processes and Foreign Assistance. The conference was attended by academics, including leading experts in the field, and members and representatives of a wide range of government agencies, the diplomatic community, international organisations, and civil society organisations. Two distinguished keynotes were delivered by the Honorable Gareth Evans, ANU Chancellor and co-chair of the International Commission on Intervention and State Sovereignty (ICISS), and Ivan Šimonović, Special Adviser on the Responsibility to Protect to the UN Secretary-General (SASG). The purpose of the conference was to bring together policymakers, practitioners, and scholars working on areas related to the implementation of the Responsibility to Protect (R2P), primarily in the areas of state-level responsibility to prevent mass atrocities and protect civilian populations (what we call Pillar One of the R2P), and international assistance to states to fulfil this responsibility (Pillar Two). Recognising that the principle of R2P has gained significant traction within the international community since it was first introduced in the 2001 report The Responsibility to Protect, the conference sought to transcend longstanding debates over acceptance and legitimacy of R2P as a norm. Rather, it sought to clarify what the implementation of R2P entails for the policy and practitioner community, and to push forward new lines of academic inquiry and research that could support the implementation agenda. At its heart, R2P implementation is about strengthening the capacity of states to prevent atrocities from occurring in the first place. Prevention requires enhancing the resilience of societies that face the risk of atrocities through improved access to security, justice, and the rule of law. Effective mass atrocity prevention requires going local – understanding the dynamics of mass atrocities in their specific historical and social contexts; and going international – ensuring that international actors effectively align their priorities, strategies, and resourcing on atrocity prevention in ways that support local and national needs. This is an ambitious agenda, and experts from a range of fields were invited to address the practical implications of implementing R2P across numerous sites. The central themes included atrocity prevention, international accountability, human rights, international humanitarian law, justice for legacies of violence, foreign policy, development cooperation, peacekeeping, and civil–military assistance. The conference brought together different communities working on aspects that support the goals of R2P in order to enhance knowledge across thematic divides, and contributed to clarifying the practical implications that commitment to R2P implementation entails for these communities across the spectrum. This report contains the text of the keynote speeches, and condensed summaries of the panel discussions. These can be read together to provide a comprehensive synthesis of the debates occurring across the spectrum, or can be read as stand-alone sections for those with specific interest in a particular aspect of the R2P implementation.
Topic:
Genocide, Human Rights, International Cooperation, and United Nations
Political Geography:
Africa, Middle East, Asia, North Korea, Philippines, Syria, and Congo