AOS 1 Ethical Issues and Debates

Question 1

realist perspective on ethics

Answer 1

realists contend that individual states have their own standards and no moral obligation to other states or their populations. foreign policy should be based solely on national interests.

Question 2

cosmopolitan perspective on ethics

Answer 2

cosmopolitans argue for a common humanity with a set of moral standards regardless of state, culture, and levels of economic development. foreign policy should be based on ethical principles,

Question 3

international law relating to refugees

Answer 3

UN Convention on the Status of Refugees (1951). states that have ratified must provide a means for claim processing, provide protection for genuine refugees, non-refoulment, allow refugees access to courts, education, movement, religion, provide the same rights to refugees as citizens as far as possible. ratified by 145 states.

Question 4

international laws relating to refugees (optional protocol)

Answer 4

1967 Optional Protocol on the Status of Refugees. expanded the coverage of the 1951 Convention.

Question 5

response of the united nations to refugees

Answer 5

UN High Commission for Refugees coordinates international action to protect refugees and provide humanitarian assistance by establishing camps near war zones. e.g. made camps in Bangladesh for Rohingya refugees in 2017, fleeing Myanmar. also process refugee claims for states.

Question 6

responses of states to refugees, (australia)

Answer 6

has ratified the UN Convention and Optional Protocol.
Policies = OSB
no longer have any refugees in offshore detention facilities, however previously over 3000 refugees have been detained on Nauru or Manus Island since July 2013.
If boats are intercepted, they will be towed back to Indonesian waters by Aus navy.
Any that arrive by boat after July 2013 will not be able to resettle even if their claim is found to be genuine.
Refugees that arrive by plane will be allowed to resettle permanently if claim is successful.
Quota to resettle 13,750 refugees annually, mostly from UNHCR camps. not obligated to do this, cosmopolitan influence.

Question 7

responses of australian NGOs to refugees

Answer 7

Asylum Seeker Resource Centre provides assistance to refugees and asylum seekers, including legal advice, english language skills, medical treatment. assists over 7000 asylum seekers and refugees every year.

Question 8

cosmopolitanism and realism with regard to Australia’s policies on refugees

Answer 8

asylum seekers share a common humanity with Australians and therefore Australia has an obligation to protect them. the Greens party in Aus is the best representation of cos, as they advocate for lifting Australia’s annual quota to 50,000.
policies of Liberal and Labor parties are based on realism. national interest of border security takes priority over resettling refugees (disorderly flow of boats makes it difficult to control people movement)

Question 9

rights of refugees versus economic migrants

Answer 9

cosmopolitans support the resettlement of refugees and economic migrants and emphasise the obligations of the convention. realists see the resettlement of economic migrants as a priority as refugees are often seen as an economic burden due to requiring welfare support. however, studies have concluded that refugees make a net positive economic contribution within 10 years of resettling.

Question 10

responses of states to refugees (germany)

Answer 10

in 2015 Chancellor Angela Merkel instigated an ‘open door’ policy regarding Syrian refugees fleeing the civil war. around 1 million refugees entered Germany in 2015 as a result. however, Germany reinstated some border controls and had to deport those who did not meet refugee criteria as the state was overwhelmed by the numbers. an anti-immigration backlash developed which was further highlighted due to a terrorist attack in Berlin by an asylum seeker. the cosmopolitan open door policy came at the cost of undermining social cohesion.

Question 11

responses of states to refugees (bangladesh)

Answer 11

the Rohingya are a persecuted ethnic and religious minority from Myanmar who were left stateless when the government cancelled their identity papers. as a result of large-scale violence, over 800,000 Rohingya have fled across the border to Bangladesh where temporary refugee camps have been established. aided by UNHCR. Bangladesh has not signed the Convention so has no obligation to resettle the Rohingyas.

Question 12

international law relating to human trafficking

Answer 12

UN Convention against Transnational Organised Crime (2000)

Question 13

international law relating to human trafficking (protocol)

Answer 13

Optional Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children (2003). defines trafficking. aims to have state parties pass and enforce anti-trafficking laws, as well as establish a framework for monitoring state responses.

Question 14

state responses to human trafficking (australia)

Answer 14

Australia updated its laws against human trafficking in 2013 to include forced labour and forced marriage. the government has supplied $150 million to support initiatives to prevent and address human trafficking and slavery. key policies include the National Action Plan to Combat Human Trafficking and Slavery, and Australia’s International Strategy to Combat Human Trafficking and Slavery.

Question 15

state responses to human trafficking (thailand)

Answer 15

thailand has introduced the Anti-Trafficking in Persons Act, however the level of enforcement is lacking. the Global Slavery Index has documented that the ‘majority of the government’s efforts focus on addressing the sexual exploitation of women and children, with limited focus on exploitation of workers’

Question 16

political and civil human rights

Answer 16

focus on individual rights and freedoms, such as the right to vote, free speech, and freedom of religion.

Question 17

economic and social rights

Answer 17

related to economic and social well-being such as rights to food, clean water, education and reasonable working conditions.

Question 18

international law relating to racial discrimination

Answer 18

Convention for the Elimination of all forms of Racial Discrimination. it provides a definition of racial discrimination, and requires state parties to pass laws and make policies to end racial discrimination. ‘amend, rescind or nullify any laws and regulations’ which perpetuate racial discrimination.

Question 19

state responses to racial discrimination (australia)

Answer 19

Australia has ratified CERD and has introduced the Racial Discrimination Act in 1975 which is still active. this makes it unlawful to discriminate against a person because of their race, colour, descent, ethnic origin or immigrant status. the Australian Human Rights Commission has also been established, as well as a Race Discrimination Commissioner. responsible for promoting and protecting rights, including racial discrimination, and hears complaints. In 2018-19 the HRC received 867 complaints based on the Racial Discrimination Act. in 2020 Scott Morrison made statements condemning racist attacks against Chinese Australians based on the origins of COVID-19.

Question 20

challenges to australia’s responses to racial discrimination

Answer 20

in the past 10 years, over 120 Aboriginal Australians have died in police custody. Aboriginal and Torres Strait Islander people made up 28% of the total prison population in Australia as of 30 June 2019, while making up just over 3% of the total population (disproportionately incarcerated.)
the 2019 Christchurch terrorist attack in New Zealand which involved an Australian citizen killing 51 Muslims while at prayer in a mosque.
abuse and attacks against Chinese Australians in response to the COVID-19 pandemic.

Question 21

responses of Aus NGOs to racism

Answer 21

Aboriginal Legal Services provide legal aid for Aboriginal people and campaign for law reform on issues such as incarceration rates.
Amnesty International was a founding member of the ‘Change the Record’ coalition which campaigns to reduce incarceration rates of Aboriginal Australians.

Question 22

responses of states to racial discrimination (USA)

Answer 22

The US has signed and ratified CERD however has made a ratification condition to not limit freedom of speech, which is allowed by the US Constitution. this means individuals cannot use CERD to mount claims about racial discrimination in US courts.
Has laws such as the Civil Rights Act to provide legal protection against race discrimination.

Question 23

challenges to US responses to racism

Answer 23

In NYC, 88% of police stops in 2018 involved Black and Latinx people and of these 70% were completely innocent, however black Americans only count for around 12% of the population. over-represented on a per capita basis.

Question 24

responses of US NGOs to racism

Answer 24

BLM is a global movement that rose to worldwide prominence following the murder of George Floyd by police in 2020. the aim is to eradicate white supremacy and build local power to intervene in violence toward black communities.

Question 25

responses of states to racism (China)

Answer 25

China has ratified CERD but has no domestic laws against racial discrimination. the Chinese government’s treatment of Uighurs in Xinjiang is an extreme example of racial discrimination. includes electronic surveillance of the Uighur population, and the detainment of an estimated 1 million Uighurs in detention centres with torturous conditions.

Question 26

responses of the UN to racial discrimination

Answer 26

formed the Committee on the Elimination of Racism which oversees the implementation of CERD. monitors inter-state complaints, which allows states to bring complaints against other states, as well as overseeing individual citizen complaints against their state.

Question 27

international law relating to discrimination against women

Answer 27

Convention for the Elimination of Discrimination Against Women. provides a definition of DAW and requires state parties to adopt legislation to prohibit this discrimination, modify social/cultural practices to eliminate prejudices against women, right to vote, equal rights in education, to freely choose a spouse and enter marriages with consent. 189 states ratified, but not USA.

Question 28

responses of states to discrimination against women (Australia)

Answer 28

has ratified CEDAW and passed the Sex Discrimination Act in 1984 which remains in force today. this prohibits discrimination on the bases of sex/marital status/pregnancy/family responsibility. created sex discrimination commissioner whose role is to deal with complaints and undertake educational programs in offices/workplaces.
In 2020, Sex Discrimination Commissioner Kat Jenkins released her report on sexual harassment in the workplace (Respect@Work).
In 2021 South Australia decriminalised abortion, and was the final state in Australia.
In 2022, the Albanese government committed to all 55 recommendations of the Respect@Work report.

Question 29

challenges to aus responses to sex discrimination

Answer 29

according to the ABS, 1 in 2 women has experienced sexual harassment in their lifetime.
according to the 2022 Australian government’s report on the gender pay gap, women’s average weekly earnings were 13.8% less than men’s.

Question 30

responses of australian NGOs to discrimination against women

Answer 30

Women’s Electoral Lobby is an NGO that lobbies government on issues related to women’s equality.

Question 31

responses of states to discrimination against women (saudi)

Answer 31

ratified CEDAW but with the condition that articles inconsistent with Islamic law would limit their obligations. the government is dependent on the ultra conservative religious leaders that follow ‘Wahhabism’ which has strict guidelines for women. the male guardianship system is a result of this, which requires women to have authorisation from a male guardian to access healthcare, choose residency, marry, travel internationally and other.
In 2019, reforms introduced with regard to women:
- protections against employment discrimination
- able to register births/deaths and obtain family records
- no longer require male permission to obtain a passport and travel overseas

Question 32

challenges to saudi arabia’s response to discrimination against women

Answer 32

In 2018, the UN CEDAW committee released its review regarding Saudi Arabia’s response. found some minor progress, however the guardianship system limits women’s freedom of movement and choice.
Activists that had campaigned to end Saudi Arabia’s prohibition on female drivers were imprisoned despite the ban being lifted. a number remained in prison as of 2021.
Strict adultery laws, adultery is a capital offence if the person is married.

Question 33

responses of Saudi NGOs to discrimination against women

Answer 33

Al Nahda Society for Women introduced the #BalanceforBetter in 2022 campaign, involved holding conferences and making videos aimed at breaking down the traditional role’s of women in Saudi society.

Question 34

responses of the UN to discrimination against women

Answer 34

The UN Committee for CEDAW monitors the compliance of states to the treaty and publishes reports on its investigations.
Key positives for Aus identified by the report:
- laws making forced marriage illegal
- strengthened protections against sexual harassment
Areas of concern for Aus:
- lack of holistic strategy to address cultural stereotypes around the roles and responsibilities of women

Question 35

ethical debate: economic challenges to the universality of human rights

Answer 35

some developing states adopt a realist perspective and cannot prioritise human rights, as economic development is more critical.
e.g. Bangladesh where TNCs pay workers low wages, and provide unsafe working conditions, as Bangladesh aims to grow its economy through the garment industry. 2013 Rana Plaza collapse killed over 1100 workers.
e.g. in 2014 Bolivia lowered the minimum working age to 10 in response to child worker protests demanded regulation of their working conditions. extreme poverty in Bolivia makes it necessary for children to work to ensure the family’s survival, however the International Labour Organisation urged Bolivia to repeal its law, and the US threatened trade sanctions. this cosmopolitan perspective does not account for the economic realities of families in Bolivia. Bolivia then repealed the law, choosing to prioritise its economic development by avoiding trade sanctions.

Question 36

ethical debate: cultural challenges to the universality of human rights

Answer 36

cosmopolitans argue for freedom of religion, however assert that religion should not limit personal rights and freedoms. realists in government aim to maintain support from religious voters through policies that adhere to religious ideologies.
e.g. the biblical view of Christianity is that homosexuality is a sin, and in Australia faith based schools are exempted from anti-discrimination laws with regard to admission of gay students and employment of gay teachers if it goes against school principles. Steph Lentz was an english teacher at the Covenant Christian School before coming out as gay. Her employment was then legally terminated.
e.g. conservative islamic ideology led Saudi Arabia to refuse to adopt the Universal Declaration of Human Rights because it includes rights to religious freedom. under Saudi law, apostasy (disaffiliation from, abandonment of, or renunciation of a religion) is a criminal offence, justified on the grounds that Islam does not permit this. however, other Muslim countries do not have such a law.

Question 37

ethical debates: state sovereignty vs the responsibility to protect

Answer 37

cosmopolitans argue that the international community has a moral responsibility to protect civilians from genocide/ethnic cleansing/crimes against humanity, which is upheld by the R2P doctrine created by the UNGA.
e.g. in Iraq 2014 a large scale massacre of the Yazidis was avoided due to he R2P doctrine being enacted, allowing the US to drop 114,000 meals and 35,000 gallons of water, as well as bomb Islamic State until the Yazidi people were safe.

however, some realists argue that intervention is based on political factors other than humanitarian reasons. they also assert that humanitarian intervention is high cost, and a waste of troops which goes against state national interests.