회복적 정의 관점으로 살펴본 사회복지시설종사자 인권침해 결정례 분석

The occurrence of human rights violations against the Rohingya ethnicity in Myanmar has become an international concern. The Rohingya, who have lived for generations in this part of Myanmar, are not getting justice from the Myanmar government. The various human rights violations that have occurred are of course against the basic instruments of international law. This study aims to describe and analyze international human rights arrangements with regard to the protection of the Rohingya ethnicity, as well as any obstacles in providing protection for the Rohingya ethnic group so that no solution has been achieved in resolving these human rights violations. In this study, using a normative legal research method with a statutory approach, a case approach and an analysis approach. The type of legal material in this research is secondary data consisting of primary, secondary and non-legal materials. Then processed and analyzed using prescriptive methods. Based on the research results, it is known that legal protection of the Rohingya ethnicity in accordance with international human rights instruments has not been fulfilled because there are various obstacles in resolving the root of the conflict on human rights violations in Myanmar. Some of them are the reluctance of the Myanmar government to resolve cases of Rohingya ethnic human rights violations. In view of the lack of willingness of the Myanmar government to resolve cases of human rights violations, the UN criticized and attempted to carry out humanitarian intervention to resolve gross human rights violations against the Rohingya ethnic group. For this reason, this paper seeks to elaborate on what responsibilities the Myanmar government should provide for protection according to international human rights as well as what obstacles have caused cases of human rights violations against ethnic Rohingya to be resolved.

This chapter surveys global South publics’ definitions of “human rights” and perceptions of local human rights organizations. Many human rights practitioners fear negative public opinions about human rights ideas and organizations, such as seeing them as protecting criminals or terrorists, imposing foreign ideas, or offering a rhetorical “cover” for offenses of governments. Data show, however, that people generally regard “human rights” very positively and have high levels of trust in local human rights organizations. Another key finding is that pro-human rights constituents generally have anti-power worldviews, including mistrust in their national governments, the US government, and multinational corporations. Findings do not show evidence of a strong middle class human rights constituency, as some have argued, but instead suggest a constituency based more in worldview or ideology than materialist explanations.

Human rights are the basis of a country in forming all provisions in the life of the nation and state which are the natural rights of every human being. The establishment of the National Human Rights Commission as an independent institution, is also based on Article 28 of the 1945 Constitution of the Republic of Indonesia which confirms that; protecting, promoting, upholding and fulfilling human rights is the responsibility of the state. This article analyzes one of the functions of Komnas HAM, namely having the authority to investigate alleged cases of human rights violations and issuing recommendations based on the investigation. The purpose of this article is to find out the effectiveness of providing state institutions with the results of investigation recommendations by the National Human Rights Commission on alleged human rights violations. This article uses a research method. This type of empirical juridical research. The results of the study found that first, according to Law Number 39 of 1999 concerning Human Rights and Law Number 26 of 2000 concerning Human Rights Courts that in protecting and guaranteeing human rights, the National Human Rights Commission has a role and function of reviewing , research, counseling, monitoring, mediation, and has the authority to investigate alleged cases of gross human rights violations, as well as issue recommendations afterward. Second, the recommendations issued by Komnas HAM after the investigation was carried out were public law acts because they resulted in a legal relationship between Komnas HAM and the Government as the recipient of the recommendations and the substance of Komnas HAM's recommendations regarding the existence of a case of human rights violations and various solutions in its settlement as well as the results of recommendations issued by Komnas HAM does not have binding and coercive legal force like court decisions which have executorial value. For this reason, some recommendations from the National Commission on Human Rights were followed up by the target state agencies, some were not.

The task of this paper is to study the role of international human rights organizations in response to the conflict taking place in eastern Ukraine. The study is based on recent reports from the Office of the UN High Commissioner for Human Rights and the OSCE on Ukraine. The relevance of the stated topic is determined by the situation with human rights violations in the armed conflict in Ukraine and the significant role of international human rights organizations, making active efforts to resolve it. The purpose of this study is to determine the main aspects of the role that international organizations play in resolving this range of issues. This will help to identify potential opportunities to tackle the problem with human rights violations in the Ukrainian territories. The study combines quantitative and qualitative research of the entire spectrum of issues brought into the subject. The main results obtained are: analysis of the role and place of international human rights organizations in assessing the situation with the conflict in the Ukrainian territories and obtaining statistical information on the current status of human rights violations in these territories. The value of this paper lies in obtaining practical recommendations for finding ways to peacefully resolve the conflict in the East of Ukraine and implementing comprehensive measures to create conditions for the protection of human rights in this region

Armed Conflict and Human Rights in Colombia

The execution of Ken Saro-Wiwa and the other environmental and human rights activists in Nigeria in November 1995, represented flagrant violations of human rights. What was exceptional about this case was that the uprising, which ultimately lead to the executions, was not primarily aimed at the Government, but rather at one of the large transnational corporations, Shell Oil. The article analyses the composition of the actors and the various human rights involved in this conflict. It argues that the complexity of the conflict is shown through the wide variety of environmental NGOs, human rights NGOs, international business and organisations that were implicated in it. The article points to the interrelatedness of various human rights - and the interlinkedness to environmental issues, claiming that environmental organisations were forced’ to use rights language, while human rights organisations needed to address environmental issues. And ultimately, the business actor has publicly stated intent to observe a human rights accountability.

Systemic and systematic human rights violations in Indian-administered Kashmir are much better documented than those on Pakistani side. Multiple reports published by international and local human rights organisations (the latter accounts hardly exist in Pakistan's chunks of Kashmir), providing structural analysis and exemplification of human rights abuses, with reference to particular cases, personal accounts of the victims, etc., are known to the experts who undertake objective investigation of Kashmir conflict, but not to the general international public opinion. The compilation and analysis of selected reports by governmental and non-governmental organisations, published before J&K's bifurcation in 2019, presented in this chapter, are followed by exemplification of case studies and patterns of human rights (HR) violations and the post-2019 dynamics, illustrated in the next chapters. It enables us to unpack the scale and intensity of these abuses.

The departure in 1999 of military regime in Nigeria restored hope for human rights that was grossly abused by successive military regimes. Regrettably, after twenty years, it is not yet uhuru for Nigerians. Human rights violations remain rife. Particularly worrying is the government security operatives‟ abuse of rights with the resultant casualties. Using data generated from secondary sources and descriptive method of analysis, it was realized that the aftermath of 2009 Boko Haram uprising has opened a new discourse in Nigeria's security literature. Security agencies have been repeatedly accused of extensive human rights abuses and extrajudicial killings. The number of incidents of human rights violations in Nigeria's democracy has become a major concern. More disconcerting is that the justice sector has not effectively addressed the issue, largely due to the disregard of lawful processes and orders by the Nigerian state and its machinery. Findings of the paper noted, with the increasing pressure by both local and international human rights organizations, the Nigerian government since 2015 directed the military to make drastic adjustments in its operations to ensure strict adherence to the stipulated human rights standards. It was also discovered that with the adoption of these new measures, most human rights violations have reduced. It therefore recommends for the improvement and consolidation of their positive impact by complementing them with a more comprehensive counterterrorism policy.

The Ugandan Anti-Homosexuality Bill of October 2009 caused an international outcry and sparked intense debate in the local and international media. Particularly contentious was its proposal to impose the death penalty for acts of ‘aggravated homosexuality’. Through a quantitative content analysis of 176 items from two main daily newspapers, the government-owned New Vision and the privately-owned Daily Monitor, over the period October 2009–June 2010, combined with qualitative interviews with human rights defenders in Uganda, this study explores attempts made by local human rights advocates to influence the media's coverage of the Bill and the extent to which these attempts were successful. The study finds that while there are significant differences between the frequency of reporting on the Bill in the two newspapers, both papers devoted little editorial space to the public health and human rights concerns put forward by local human rights organizations. Despite Uganda's recent and often lauded history of openly addressing HIV/AIDS, human right organizations' attempts to highlight the Bill's potentially adverse effects on the country's ability to tackle the epidemic effectively were only partially successful and, interestingly, awarded much less attention than the potential human rights implications of the proposed change in legislation.

Globalizing Human Rights: The Work of Transnational Human Rights NGOs in the 1990s Jackie Smith (bio), Ron Pagnucco (bio), and George A. Lopez (bio) I. Introduction This paper summarizes the results of a mailed survey sent to nearly 300 transnational human rights organizations, of which more than half responded. The survey was designed to identify the geographic distributions of human rights organizations, their political activities, their work with international agencies, their organizational structures and resources, their links with nongovernmental organizations (NGOs), and their definitions of human rights goals. This study is part of a larger project to better understand how the work of transnational human rights NGOs influences global political and social change. [End Page 379] A. Background 1 Research on the development of international human rights law and institutions has identified the crucial role played by nongovernmental agents in defining international human rights norms, developing institutional mechanisms to ensure adherence to international norms, and monitoring national and local human rights practices. In recent years, researchers have made more concerted efforts to understand how NGOs operate and interact with other global actors to promote changes in local and global policies. 2 This research grows in part from the observation that a growing number of NGOs are engaging in international political activities. An increasing number of these groups are organized across national boundaries. This study is directed toward a better understanding of the work being done by transnational human rights NGOs. Much of the existing research on transnational human rights NGOs consists of: case studies of individual organizations working for human rights; 3 comparative studies of a select number of organizations; 4 studies of the work of human rights organizations and institutions in specific countries or regions; 5 and studies of the political processes surrounding human rights standard-setting and enforcement. 6 This study complements previous research [End Page 380] with a systematic survey of the population of transnational human rights NGOs, addressing questions about how these groups are organized and how they seek to influence global human rights work. The survey was intended to help answer, in a systematic way, a series of questions involving the array of transnational human rights NGOs, their locations, resources, structures, and memberships. Special emphasis was placed on the distribution between the Global North and South, and whether these transnational human rights NGOs are mass-based organizations with many individual members or, rather, are comprised largely of small professional staffs. There is an underlying assumption that the structure and the configuration of organizations within the movement will have important consequences for the human rights movement’s goals, strategies, and impacts. In addition, the mandates of these NGOs were compared, with emphasis on the difference in the goals on which these NGOs focus and the categories of rights that are receiving their attention. It will be interesting to see what these differences reveal about the human rights movement. What are the strategies and activities of international human rights NGOs? Is there some kind of specialization or division of labor among them? Do all the groups work with international institutions? How much attention does the human rights movement devote to public education on human rights, standard-setting, implementation, and enforcement? What do the differences in activities tell about the human rights movement? How fragmented and competitive are the NGOs? Is this a diffuse and uncooperative human rights movement, or is there some degree of integration and cooperation? Below follows a description of some of the broad characteristics of international human rights NGOs in an attempt to begin to answer these questions. B. The Survey The survey used in this study was developed in consultation with human rights advocates, scholars of international human rights politics, and researchers familiar with organizational surveys. 7 Several items in the survey [End Page 381] build upon previous studies of national social change organizations such as those John McCarthy has made of US-based organizations working to combat drunken driving 8 and to promote empowerment of the poor. 9 It also builds upon a survey of national and local US-based peace movement organizations 10 and a broad study of US voluntary associations by Dennis Young and colleagues. 11 Relying on previous studies...

The Pitfalls of International Human Rights Monitoring: Some Critical Remarks on the 1995 Human Rights Watch/Helsinki Report on Xenophobia in Germany Manfred H. Wiegandt (bio) The euphoria of the opening of the iron curtain in Germany in 1989 and the unification one year later of a country that had been divided since the end of World War II was just abating when the ugly face of xenophobia started to reappear in the country. Pictures of skinheads lashing out at “foreigners,” of shelters for asylum seekers beleaguered by neo-Nazis, and of burned down dwellings housing Turks did the rounds in the international media. Increasingly hostile attitudes and behavior towards foreigners, which occurred amidst a public debate on how to curb the influx of hundreds of [End Page 833] thousands of asylum seekers into Germany, alerted many observers who were concerned about the situation of foreigners in Germany. One of the human rights groups that reacted to the dramatic increase of violence against foreigners was Helsinki Watch, now called Human Rights Watch/Helsinki. In October 1992, Human Rights Watch/Helsinki issued its first report on xenophobic violence in Germany (1992 Report). 1 In April 1995, it released a more elaborate follow-up report on the subject (1995 Report). 2 One may suggest that the international reaction to Human Rights Watch/Helsinki’s allegations of a wave of violent xenophobia in Germany both alerted the public to problems in Germany and put pressure on the German federal and state governments to make changes after they had partly given the fatal impression of silently tolerating, ignoring or, at least, belittling the degree of violence against foreigners in the country. However, despite the beneficial effect of evaluations by Human Rights Watch/Helsinki and other groups, 3 the 1995 Report by Human Rights Watch/Helsinki gives rise to a critique of its approach to human rights monitoring—a critique that may, to some extent, be valid for other human rights groups that pursue a similar approach. There are some fundamental problems with the 1995 Human Rights Watch/Helsinki Report itself. In addition, one might voice some objections to the principles that Human Rights Watch/Helsinki voiced in its dealing with Germany, in particular its “hate speech” policy. The first critique concerns the introductory section of the 1995 Report. Human Rights Watch/Helsinki mentions that Germany has experienced widespread beatings and even killings of foreigners. 4 The 1995 Report states that “[i]t is clear that racist attacks and killings are not unique to Germany. Genocide has been committed in Rwanda and the former Yugoslavia. Many violent attacks against foreigners have occurred in France, England, Sweden, and other Western European democracies in the early 1990s.” 5 It might be just sloppy language that seems to insinuate that the xenophobic attacks in Germany fall under the same category as the genocides in Rwanda and the former Yugoslavia. However, it is unwise to start a serious human rights [End Page 834] investigation with an overdramatization of the situation. Strong words are warranted to attract the attention of the public to the serious human rights violations that have occurred in Germany, particularly because initially the authorities, as the 1992 Report concluded, 6 did not take the violations seriously. However, a comparison between the events in Germany and the genocides in Rwanda and the former Yugoslavia is so out of proportion as to cast doubt on the lack of bias in the whole 1995 Report. The advantage of nongovernmental human rights organizations (human rights NGOs) is that they do not have to feel confined by “diplomatic” usages. Unlike intergovernmental human rights organizations, NGOs are able to speak out and arouse immediate international attention to a specific problem. However, this relative flexibility, which makes human rights NGOs a valuable supplement to “official” and often very inert international human rights organizations, should not be compromised for cheap showmanship. If NGOs in the human rights field were to act like the international media then they could spotlight some situations, but, in doing this they might not be taken seriously by the governments of the countries they were evaluating. It is this type of behavior that could give governments a valid reason not...

Intersectionality has changed the way we think about human rights. It offers a complex, comprehensive, and nuanced approach that redounds to the benefit of victims seeking redress. It allows victims to articulate the multiple and intersecting forms of subordination that have negatively affected their lives. Intersectionality rejects the anemic and siloed approach to human rights that invariably fails to capture and remedy the complex, intersectional violations that characterize the lived experience of subordination for many people. Intersectionality has positively influenced human rights discourse ranging from the UN human rights treaty bodies to local human rights organizations that have incorporated the theory into their organizational missions. The theory is gaining ground in international human rights discourse, and it will continue to transform and expand our vision of appropriate remedies for human rights violations. Only by more accurately conceiving of intersectional human rights violations can we hope to provide meaningful and comprehensive remedies to those who have experienced violations of their rights.

This study examines how human rights organizations (HROs) use various Internet platforms as a communication tool in Egypt. It attempts to investigate four issues: (1) main themes related to human rights posted on the websites of HROs in Egypt; (2) visual and technical aspects utilized in these websites; (3) websites use of interactive communication facilities with different publics; and (4) perceptions of HRO directors about the Internet as an effective communication tool to reach out to the target publics. The researcher analysed websites of the main 34 human rights organizations in Egypt to explore how they employ these websites as suitable communication tools. A questionnaire was designed to examine how personnel and executives of HROs perceive the value of the Internet. Findings of the study show that the HROs in Egypt use all available means to reveal violations of human rights, including their Internet sites. These bodies are mainly concerned with issues relating to basic human rights such as rights to be treated equally and not to be violated in custodies and prisons. The HROs use their websites also to present and manifest issues related to people’s rights to express their opinions through assemblies and media. The websites of the HROs applied some visual aspects in their presentations of issues related to human rights and neglected others. The analysed websites are poorly presented in terms of using tables, graphics, audio and video clips. Lack of visual and technical aspects used in the websites may be understood in terms of limited resources available to them. As for using feedback facilities by the websites of HROs, findings indicate that mutual communication and interactivity are far from being applied through the websites. Findings also show that nearly all respondents recognize that the most important usage of the Internet is for e-mails to contact HROs’ members and to provide information to their publics. Building relationships with audiences was among the common uses of the Internet as a communication medium. On the other hand, respondents approached for this research did not perceive categories of interactive communication as common uses of the Internet. They also believed that the key objective of using the Internet is to reinforce concepts of human rights. Participants in the study also perceived that their websites had the potential to provide new advantages to their organizations such as flexibility to avoid state control and censorship that are usually imposed by the government in Egypt. Despite the fact that governments may impose censorship through procedures of licences and regulations or filtering Internet content through control of the servers, they believed that the Internet is still the most free medium in comparison to other traditional mass media.

The article is devoted to the volunteer movement in the sphere of human rights protection and cooperation of volunteers with non-governmental human rights organizations. It is pointed out that due to the activization of civil society and the growing number of violations of human rights on the international arena, this issue needs to be studied in more detail. In order to study the nature of volunteer organizations, a retrospective historical analysis of the phenomenon of volunteering since its appearance has been conducted. Several directions of historical development of the volunteer movement are compared. In order to understand the role of volunteer movements in the protection of human rights, the definition of the concept is proposed and explained, their functions and features as well as the main directions of activity are singled out. The comparison of concepts, functions and roles of volunteer and non- governmental human rights organizations is made. Also, the definition of the concept of “non-governmental human rights organizations” is given, on the base of which the common features of the above elements of civil society are defined. Examples of state regulation of volunteering activities in European countries, as well as the activities of volunteers in the sphere of human rights protection and cooperation of the latter with non-governmental human rights organizations are analyzed. The importance of cooperation between volunteer organizations and NGOs is also emphasized, as well as the mutual benefit for these organizations.

This article is dedicated to the study of identity markers in the context of politically motivated persecution by the Russian Federation in the temporarily occupied Crimean Peninsula. The occupational administration, following a set political course, basically builds a generalized „Other‟ that is being persecuted. They also create their own identity markers that further prove the longevity and legitimacy of the temporary occupation of Ukraine's territory. Cases of human rights violations, harassment of national and religious communities in the occupied Crimea are actively documented and investigated by non-governmental human rights organizations: Crimean Human Rights Group, Crimea SOS, Regional Center for Human Rights, Crimean Tatar Resource Center and a number of others. In the article proposed a comprehensive approach to the analysis of collective identity Crimean Tatars and Ukrainian. Author examined the main components of collective identity Crimean Tatars at the present stage. Considered the main challenges faced by the Crimean Tatar and Ukrainian community in connection with the occupation of the Crimea. Today we can talk about a specific list of elements indicating the ethnocide and linguicide agenda, political and religious persecution in the Crimean Peninsula. Furthermore, the so-called „general threat‟ is too blurry and undefined for the Russian Federation based on the gathered material throughout the years of occupation. The occupant cannot classify and define the risks that they face and that compromise the illegal occupation and attempt to annex a part of Ukrainian territory. So, they target all the self-organized active communities that are not controlled by the occupational government. Whether these communities have an agenda, national, cultural, or religious differences is an important factor, but it is not in priority. The Russian occupational regime understands its weakness on the temporarily occupied territory of the Crimean Peninsula, so it utilizes the logic and traditions of other authoritarian and totalitarian regimes. However, it will lead to the collapse of the dictatorship.