Human rights and limits

Question 1

Def of terrorism

Answer 1

• the use of violence by small groups aiming to achieve political change, different from criminal violence in terms of political legitimacy
• different from criminal violence in that terrorists take part in legitimate (justified) action to achieve change
• one man’s terrorist is another man’s freedom fighter – movement now towards changing definition of freedom, also religion
• on one level a term that has greater global understanding, while on another level a term with a very murky definition e.g. Las Vegas terrorist attack, Leila Khaled – either viewed as a hero for the Palestinian independence movement or the face of terrorism, Kashmir Uprising (2016)
• those engaging in combat is not necessarily the target causing grievance to terrorist groups, often citizens if viewed as being able to cause they change they want

Question 2

Types of terrorism

Answer 2

• left-wing terrorists: during communist movements
• right-wing terrorists: more present presence, fascism as inspiration
• ethno-nationalist/separatist terrorists: along wave of decolonisation and some continuing, define identity along ethnic lines
• ‘sacred’ terrorists: dominates post-Cold War era discourse, use religion to justify actions, argue their religious beliefs allow them/give them the right to undertake actions that can be considered to threaten the lives and liberty of others

Question 3

Causes of terrorism

Answer 3

• ideological: alters way people make the relationship between different factors and how to change that, engage in terrorist actions that they themselves don’t view as terrorist
  
  • aim: ‘trying to make the world a better place’
  • Communist movements: aiming to create new economic system via revolution
  • can also include religious terrorism
• political disillusionment
  
  • demand for independence and freedom
  • sense of exclusion e.g. from a country’s resources, wealth, political system
• economic factors: a sense of exclusion motivated by economic benefits
  
  • e.g. Kurds – feel that although most of oil is in their region, benefits primarily go to Iraqi government

Question 4

Processes of ‘sacred terrorism’ – Islamic militants

Answer 4

• Al-Qaeda: started as an idea in Afghanistan that expanded its presence around the world
  
  • fighting for God’s word, in competition with ISIS
  • cells remain inactive for years or engage only in fundraising or peaceful Islamic activities, a cell may be suddenly called into action
  • sympathisers are recruited to perform low-level logistical tasks
• seekers of information (what does it mean to be a ‘good’ Muslim) go to nodes of information to learn about this e.g. family, friends, TV, social media
  
  • ISIS and al-Qaeda have agents that co-opt seekers of information into militancy by providing alternative information about Islam e.g. not that it centres around peace
• global context (discourse about what it means to be Muslim – some regarding Islam as a problem) > technology > nodes of information > Jihad-meaning (engaging in conflict to bring about ultimate change) > disillusionment
• Marawi, Philippines (23 May 2017 – present): main-stream Philippines system has not taken into account Muslim needs
  
  • Maute group took over this area, took oath of allegiance to ISIS in 2014
  • increased capacity for people to move across borders
  • urban setting, fighting going on with the Philippines government trying to counter them

Question 5

Counter terrorism

Answer 5

• collaboration between governments – international organisations – business transnational organisations
• response:
  
  • military response: slight less chance of success
  • legislation: each country developed definition of terrorism with aim to prevent terrorism
  • deradicalization: if someone has been radicalised can gradually deradicalize them by going through each step they were indoctrinated in
  • prevention: of steps leading to people becoming radicalised e.g. education, empower women, engage Muslim and non-Muslim community
• Counter-Terrorism Committee (CTC): established by Security Council resolution 1373 (2001), which was adopted unanimously on 28 September 2001 in the wake of the 11 September terrorist attacks in the United States
  
  • requested countries to implement measures intended to enhance their legal and institutional ability to counter terrorist activities at home, in their regions and around the world, including taking steps to:
    
    • criminalize the financing of terrorism
    • freeze without delay any funds related to persons involved in acts of terrorism
    • deny all forms of financial support for terrorist groups
    • suppress the provision of safe haven, sustenance or support for terrorists
    • share information with other governments on any groups practicing or planning terrorist acts
      cooperate with other governments in the investigation, detection, arrest, extradition and prosecution of those involved in such acts; and
    • criminalize active and passive assistance for terrorism in domestic law and bring violators to justice
• impact of terrorism: forces government to deal with it, more alliances forming between Muslim and non-Muslim states
  
  • state: economic revenue
  • on people, relatives
  • psychological: knowing about casualties, fear and uncertainty

Question 6

Global human rights regime

Answer 6

• international regime on human rights: includes series of principles, norms, rules and decision-making
  procedures that states and other international actors accept as authoritative
  
  • constructivist approach: over a different period of time, different agents come up with different norms and rules affecting current regimes
• Charter of the UN (1945): identified human rights as one of the principal objectives of the new organization
  
  • also created a Commission on Human Rights, that was tasked with drafting the Universal Declaration of Human Rights
    
    • civil and political rights were to provide protection against abuse by the state
    • economic, social, and cultural rights were to guarantee individual access to essential goods and service
• other major international human rights treaties: - example of constructivist approach, adding to existing norms
  
  • International Covenant on Economic, Social, and Cultural Rights
  • International Covenant on Civil and Political Rights
  • International Convention on the Elimination of All Forms of Racial Discrimination
  • Convention on the Elimination of all Forms of Discrimination against Women
  • Convention Against Torture and other Cruel, Inhuman, or Degrading Treatment or Punishment
  • Convention on the Rights of the Child: previously rights applied to those above 18
• includes;
  
  • principal mechanism of multilateral implementation of these international legal obligations is periodic reporting
  • there is no ultimate global structure overseeing the enforcement of human rights
  • treaty bodies have no authority to determine the extent of compliance, or even the adequacy of the state reports, country in question is legally free to treat those views as it sees fit (according to cultural norms)
  • International Criminal Court (ICC): does have powers of judicial enforcement (though within a fairly narrow realm, e.g. genocide), in effect, shaming is used in lieu of genuine power
    
    • shaming not necessarily effective, regime creates a norm but implementation is not necessarily in line with this norm

Question 7

Regional human rights regimes

Answer 7

• Council of Europe: members are subject to legally binding judgments by the European Court
  of Human Rights
  
  • only regional regime that provides substantial judicial enforcement
• inter-American regime: has a fairly strong commission and a not insignificant court
• African Union and the Arab League: have established very weak equivalent institutions e.g. attack on Yemen by Saudi Arabia – although UN has frequently spoken about it, Arab League has been silent due to presence of Saudis and Egyptians
• Association of Southeast Asian Nations: although it has established a modes sub-regional human rights mechanism, Asia lacks a regional human rights organization

Question 8

Evaluating multilateral mechanisms

Answer 8

• aim to develop critical persuasive (not coercive) conversations on human rights - most take the form of reports, reviews, complaints, and investigations
• authoritative international human rights norms are not easily side-stepped by states who have voluntarily incurred by becoming parties to international human rights treaties
• legal norms are also mostly adopted by national laws, once signed a treaty, states have a responsibility to enact it
• on any level strong civil society remain crucial to the human rights cause, it becomes a conscientious objector to states‘ policies

Question 9

Bilateral politics of human rights

Answer 9

• 1975: American Congress required consideration of human rights practices in making decisions to award foreign aid
• by end of Cold War: human rights were explicitly included in the foreign policies of most Western states
• in practice:
  
  • powerful states possess greater material resources than multilateral human rights institutions
  • states have many competing foreign policy interests and are more likely to use human rights for specific partisan purposes

Question 10

Non-governmental politics of human rights

Answer 10

• NGOs played an important role in getting human rights into the UN Charter – greater persuasive capacity due to lack of state interests
• well-known transnational human rights NGOs include:
  
  • Amnesty International
  • Human Rights Watch
  • The Fédération internationale des droits de l’homme
  • The International Commission of Jurists
  • Minority Rights Group
  • International Lesbian, Gay, Bisexual, Trans, and Intersex Association
• can use lobbying, or naming and shaming, to further their cause(s)
• increasingly, transnational NGOs coordinate with their local counterparts to put pressure on individual states to effectuate change
• unlike states, NGOs have no interests to distract them from advocacy
• significant critique of human rights NGOs: often lack political and financial accountability

Question 11

Case study: Syrian Civil War and Revolution (Human rights)

Answer 11

• end of Jan 2011: Syrian Arab Spring protests began
  
  • government (Bashar al-Assad) met growing opposition with arrests, executions, torture, and indiscriminate gunfire
  • end of July: tanks began to be used against protesters and their neighbourhoods, eventually followed by artillery bombardment and attacks by military snipers
• international responses illustrate the lack of enforcement powers in the global human rights regime
  
  • known human rights violations in Syria which NGOs are very vocal about but measures have been ineffective
• only UN Security Council has the legal authority to use military force against human rights violations other than genocide, and that option has been blocked by Russia and China
• negotiation efforts and sanctions by the EU, the USA and other countries have proved relatively ineffective
• some hope that the growing power of IS and increasing numbers of refugees into Europe will help mobilize funds and resources which might not be mobilized for the protection of human rights alone

Question 12

Rights of women and children case study (HR)

Answer 12

Case study: II-CEDAW-1979-81

• CEDAW Convention introduces two fundamental innovations in human rights antidiscrimination law:

1. acts as an asymmetric instrument for the protection of women against all forms of direct and indirect discrimination in various facets of life; and
2. it provides an obligation for state parties to adopt “all appropriate measures” to fully develop and advance women or to empower women

• consequently, at the heart of the Convention is the obligation of state parties to not only formally embody the principle of equality between women and men, but also to ensure its practical realization or substantive gender equality
• obstacles to women’s rights
  
  • cultural
  • religious
  • state as a gendered agent
  • international notions of womanhood
  • economic
• spaces of denial of rights
  
  • social rights
  • education
  • employment
  • rights to life and health

Rights of the Child Convention

• everyone under 18 years old has all the rights in the Convention
• Convention applies to everyone whatever their race, religion, abilities, whatever they think or say, whatever type of family they come from.
• all organisations concerned with children should work towards what is best for each child, governments should make these rights available to children.
• causes of denial of children’s rights
  
  • religious
  • cultural
  • economic
  • international factors e.g. war and child soldiers
• denial of rights for children
  
  • education
  • safety e.g. child exploitation
  • economic e.g. if family does not have basic support