Gross Violations Of Human Rights Research Articles

Prevalence, Correlates, and Trends of Intimate Partner Violence Against Women in Cambodia: Findings From 2014 and 2021-22 Cross-Sectional Demographic and Health Surveys.

Intimate partner violence (IPV) is globally endemic and a gross violation of human rights, in addition to abuse of intimacy by some men against their female intimate partners. Based on literature review, attitudinal, socio-demographic, and experiential attributes of 15 to 49 year old ever partnered women in the heterosexual relationships were identified. This study used the anonymized 2020-21Cambodia Demographic and Health Survey (CDHS) data to compute the IPV prevalence and its correlates, in addition to computing the changes in IPV prevalence at the urban, rural, and at the national levels using data from the 2014 CDHS. Identified attitudinal, socio-demographic, and experiential attributes were used in the bivariate and multivariable analysis. Simple and multiple logistic regression models were used for computing the bivariate and multivariate associations with IPV; additionally, trend analysis was done to compute changes in IPV prevalence between the 2 surveys. Lifetime prevalence of IPV was 20.70%, while the most common subtype was emotional IPV at 18.70%. Ten out of 12 correlates studied were found to be statistically significantly associated with IPV in the bivariate analysis. These were added in the multivariable model and 7 were found to be statistically significantly associated with IPV. Which included educational attainment of women and their intimate partners, number of living children, women's IPV acceptance, male partner's alcohol use, knowledge of physical beating of mother by one's father, and controlling behavior exercised by partner. During the intervening period between the 2 CDHSs, IPV and its subtypes were decreased in both urban and rural areas, as well as nationally. IPV decrease between the 2 DHSs and lower IPV rates in 2021-22 augur well for the health and human rights of Cambodian women. However, the ultimate target of eliminating IPV against women, will require measures that ensure economic and gender empowerment, and gender equality.

Law, political economy and war reparation: The case of Bosnia and Herzegovina

AbstractWhat are the after‐effects of the Bosnia and Herzegovinian (BH) transition from a post‐socialist, post‐genocide, and post‐ethno‐nationalist state into a European liberal democracy? This article makes a case for war reparation and argues that while poverty reduction has not been among the stated aims of transitional justice mechanisms, it is of critical importance to study war victims' deprivation in the context of historical patterns of structural injustice and examine liberal reconstruction policies that failed to provide compensation and legal redress for gross violations of human rights and serious violations of humanitarian law. The article uses the historical sociology approach as a method of analysis to investigate how moving away from a socialist to a capitalist economic model, from war to peace, and from one party political system to liberal democracy has resulted in structural injustice and growing levels of poverty that adversely impact most vulnerable Bosnians. The article presents an argument that the lack of post‐war reparation programs, coupled with an inadequate emphasis on political regime change, poverty reduction programs and social and economic rights such as access to welfare, cash assistance, food, transportation, education, pension, and disability benefits to ensure the quality of living is detrimental to everyday lives of war victims and people who live at the bottom of the society.

Contested Actors around the Initiation of a Non-Judicial Settlement Mechanism for Past Gross Human Rights Violations: A Socio-Legal Study of the PPHAM Team

The PPHAM Team (Non-Judicial Resolution of Past Gross Human Rights Violations) was initiated by the Jokowi-Ma'ruf administration as an alternative settlement mechanism for Past Gross Violations of Human Rights through the issuance of Presidential Decree Number 17/2022 (Keppres 17/2022). From this context, the establishment of the policy was criticized and rejected by civil society organizations (CSOs) and the Victims. This was because the PPHAM Team was deemed a measure of State responsibility “hand-washing” and an indication of impunity preservation. Therefore, this study aimed to evaluate the contestation of actor interests among the State, Victims, CSOs, and others, by emphasizing the theoretical framework of transitional justice. This was a socio-legal study coupled with a qualitative approach, where data were obtained through interviews and observation of mass media coverage. The results argued that the initiation of the PPHAM Team was only beneficial to the interests of the State and did not completely address the preferences of the Victims on accountability and truth.

FORGIVING THE UNFORGIVABLE: LANGUAGE POWER IN POLITICAL COMMUNICATION BETWEEN INDONESIA AND TIMOR-LESTE (Qualitative Research on Conflict Resolution over Human Rights Violations in East Timor, Before and After Referendum of 1999)

The conflict that occurred between Indonesia and Timor-Leste (Timor Timur) after the Popular Consultation was a conflict of power or a power struggle. This power struggle resulted in gross human rights violations. To resolve this conflict, in 2005 the Indonesian Timor-Leste Truth and Friendship Commission (KKP) was formed. Researchers assume that language can be used in conflict resolution. So the aims of this study are (1) to reveal the meaning of the text in Per Memoriam Ad Spem in constructing human rights violations in Timor-Leste in 1999, before and after the Popular Consultation. (2) Explaining the power of language in the construction of reports on human rights violations and conflict resolution in Per Memoriam Ad Spem, so that an agreement is reached that should not be forgiven to be forgiven. Van Dijk's discourse theory, Derrida's theory of deconstruction, and Bourdieu's theory of language & power, all three are related to language and power. These three theories are used as a basis for dissecting the phenomenon of this research. This study uses a critical constructionism paradigm, a type of qualitative research, and an interpretive approach. The findings of this study are that the strength of the Indonesian language as the primary working language has a very extraordinary impact. Textually, in the macro, meso, and micro dimensions, through language, political communication has been constructed which leads to the establishment of reconciliation between parties in power, which should deconstruct human rights violations. The parties with their power discourse can melt down, so that gross violations of human rights, which should not be forgiven, become forgiven. This is in line with Derrida's idea of true forgiveness or unconditional forgiveness, namely forgiving the unforgivable

Forms of domestic violence, mechanisms of protection and legal regulation of its manifestations

The article examines the forms and types of occurrence of domestic violence in Ukraine. As well as legal regulation of manifestations of domestic violence.
 Violence is a consequence of inequality between women and men in society. This is supported by a culture of intolerance and denial. Unequal power relations between the sexes make it difficult for women to avoid violence. Discrimination and attitudes towards women make it difficult for them to avoid violent situations. Experienced violence is not always taken seriously by the community and authorities, which increases women's vulnerability to further violence and even murder.
 According to the World Health Organization (WHO), more than one third of women in the world have experienced physical or sexual violence, which was carried out by a partner or a stranger. In many countries, the lack of effective measures to prevent and respond to domestic violence, as well as insufficient attention to this problem in society, lead to the fact that many people are left without help and support.
 Therefore, the study of the problem of protection against domestic violence is important and will help to understand the mechanisms of this problem, ways to prevent it and fight against it. In addition, the development of effective strategies to protect against domestic violence can ensure the safety and well-being of people affected by this problem. Therefore, it can be argued that the topic "protection from domestic violence" is very relevant and needs further research. The problem of domestic violence is intensifying in connection with the recent events that Ukraine is experiencing. The COVID-19 pandemic, which has worried the state and its population in recent years. Due to the strict quarantine and remote work at home, the home has become the most dangerous place for many women. Many women were forced to spend more time with their abusers. This put women's lives and safety at risk.
 Currently, in wartime conditions, domestic violence has not receded. At the beginning of a new period in the history of our country, many people lost their jobs, even working at home became impossible. If during the quarantine, you people were somehow distracted, then in the conditions of war you are left alone with your family. Due to constant stress, many people literally lost their minds and began to behave very badly. It is because of this that domestic violence takes place.
 The problem of domestic violence is relevant all over the world. Domestic violence is a gross violation of human rights. Every day it encroaches on the most valuable goods of a person - life and health, honor and dignity. Such a dangerous phenomenon is also known to modern Ukrainian society, which is confirmed by the data of sociological surveys of the population of Ukraine, according to which almost half of the population has experienced its various forms.

KEBIJAKAN PENYELESAIAN PELANGGARAN BERAT HAM MASA LALU OLEH PEMERINTAHAN JOKOWI

President Jokowi has included a policy to resolve past gross human rights violations in the two 2014-2024 RPJMN periods. Even though it has only been established 8 years since being elected by issuing Presidential Decree No. 17 of 2022, Presidential Decree No. 4 No. 2023 and Presidential Instruction No. 2 of 2023.This research is aimed to exploring the policies of the Jokowi government in resolving the past gross human rights violations from the beginning to the present, including finding at the advantages and disadvantages. The research method used a qualitative, descriptive approach by examining emerging policies and viewing and analyzing a series of regulations related to their relationship with the implementation of policies in the field. From this research obtained the wall of impunity is still roled to intervence a process, lack of understanding and half-hearted management to resolve the past gross human rights violations gripped the government's steps. Not to mention the existence of sabotage and stowaways to resolve the gross violations of human rights, whether they were aware of it or not within the palace. passed various existing regulations for resolve of the past gross human rights violations.

Neither child soldier nor warlord but a survivor: Dominic Ongwen and the need for survivors’ justice in international criminal justice

ABSTRACT The complications presented to international criminal justice in general and to the International Criminal Court (ICC) in particular by individuals who at one time were victims such as those abducted as ‘child soldiers’ who later became Warlords, deserve to be revisted and unpacked. One such character is Dominic Ongwen who is a typical example of both a victim and a perpetrator of gross violations of human rights, war crimes and genocide. The purpose of this article is six-fold. First, to explore the intersection between political and war criminality. Second, to unpack Ongwen’s conviction and its implications for various stakeholders. Third, I expand on the role of spirituality in shaping the behaviour of combatants and military strategy. Fourth, I diagnose the futility of the ICC’s ‘distant justice’ which operates by ‘exporting criminality’ and ‘importing justice’. Fifth, I propose how to turn Ongwen from an international criminal justice liability into an asset. Lastly, I conclude by proposing a rethinking of international criminal justice by embracing ‘survivors’ justice’ at the ICC. This way, both perpetrators and victims (survivours) can be rehumanised.

How to Win a Genocide Case: Analyzing the Triple Strategy of the Advocates of the Rohingya in Myanmar

The Rohingya Muslim minority in Myanmar was subjected to discrimination and gross violations of human rights for many decades. During the last two waves of military crackdowns in Rakhine State (October 2016 to January 2017; August to September 2017), the Tatmadaw army and civilians committed atrocities against the Rohingya that amounted to crimes against humanity and genocide. Advocates for the Rohingya's suffering took action to leverage the findings of the investigations of international mechanisms. They endeavored for an international condemnation of Myanmar at the ICJ, and they filed a complaint in an Argentinian court for the application of universal jurisdiction to prosecute the military and the political leadership responsible for ordering and committing the atrocities. They also encouraged an investigation of the atrocities in the ICC. The litigators’ main focus was set on genocide. However, while genocide carries the stigma of being the most heinous of crimes, it is also the hardest to prove, particularly the special intent to commit it. This article assesses the chances of the triple strategy applied by the Rohingya advocates. It argues that litigating the case in three different fora, assures that the forums back each other up, so that the flaws of one are compensated by the others. Thus, the chances for accountability for the crime of genocide are increased. The fora work interoperably to achieve the goal of proving the occurrence of genocide in Myanmar so as to impose state responsibility and individual criminal responsibility.

Constitutional Court and The Past Conflicts in Post- Authoritarian Indonesia

The fall of the New Order authoritarian regime in Indonesia was marked by the changing landscape of conflict resolution. In a more democratic setting, “Reformasi” regime has installed democratic institutions including the formation of the Constitutional Court. While the newly established court was celebrated as relatively successful in terms of defending human rights, its role in resolving the abused past is questionable. The new Reformasi regime inherits wounds and scars from the abuse committed by the previous iron fist regime. This paper aims to analyze the Constitutional Court’s roles as a conflict-resolution body in dealing with the past gross violation of human rights in the light of Indonesian transitional justice. In that regards, this paper assesses the Court’s decisions and how far it could answer the victims’ call for justice. This paper found that regardless of the Court’s intentions, the court’s decisions still require further executive or legislative policies. The nature of the court doesn’t bring instant enjoyment for the “winning” party to be benefited from the decisions. In short, the importance for the victims of past abuse of power as stated in the Court’s decisions still has not been translated into justice. At the same time, this also indicates how far the Court is able to resolve this kind of social conflict: “justice delayed, justice denied.” In a more Galtungian’s perspectives, there is a gap between meta-conflict to be deployed into original-conflict. This paper suggests that to overcome such issues, a bridge to reconnect the two should be built. In this context, the changing regime from New Order to Reformasi should be coupled with a holistic approach of transitional justice tools and mechanisms. More importantly, to urge the delivery of justice for those who suffered.

Double Standards in International Legal Politics in the Settlement of Violations of Human Rights to the Rohingya Ethnic

This article aims to identify the resolution of gross human rights violations against the Rohingya ethnic group who have been discriminated of the Myanmar Military Junta Government. The international community and political response are giving pressure and criticism about upheaval against the settlement of violations against the Rohingya. The Myanmar government rejection of accusations of gross human rights violations can be seen from the international double standards towards the settlement of the Rohingya case. This article uses the library research method, and critical analysis to understand the settlement of human rights violations against the Rohingya. The conclusion is Discrimination against this ethnic can be considered by international human rights law as a gross violation of human rights, even though Myanmar has legal arrangements for protecting human rights in force in its country. International human rights law as a political instrument has powerful in efforts to create quality international policy products including guaranteeing the implementation of respect for human rights in the world through the role of international institutions as guardians in the process of enforcing human rights violations committed by a country through various strategic steps both repressive, preventive and curative. Discrimination against the Rohingya can be seen in the application of double standards by several countries such as the Western block countries, where they seem to keep quiet about these human rights violations.

Editorial: The EU’s Magnitsky Act: Obsolete in the Face of Russia’s Crimes in Ukraine?

In response to Russia’s full-scale invasion and gross violations of human rights in Ukraine, the EU has adopted no less than ten sanctions packages in the first year alone. Yet none of the targetted persons and entities were blacklisted under the Global Human Rights Sanctions Regime (GHRSR). This relatively new thematic sanctions tool, which is also known as the ‘EU’s Magnitsky Act’, aims precisely at targeting the most serious of human rights violations and abuses worldwide, including genocide and crimes against humanity, the proof of which has —literally— been piling up in Ukraine. This raises the question whether the GHRSR is fit for purpose. EU sanctions; Russia; Ukraine; genocide; crimes against humanity; human rights

Trafficking in Women and Girls on a Global Level under International Law

Human trafficking as a term is often used in everyday life. As a manifestation of organized crime, it is a form of modern slavery and affects all states, both developing and developed, highlighting the seriousness of the problem for the entire international community. Human trafficking is a gross violation of human rights, such as the right to life, freedom of movement, etc. All people can become victims, regardless of gender, age, social status, skin color, but often victims are the most vulnerable groups of the population. In the framework of this study, we will analyze the international legal mechanisms that are designed to counter human trafficking. Women and girls are particularly vulnerable to the challenge of human trafficking, and we will pay special attention to this category in our analysis of legal protection. Protection of human rights is certainly one of the most important aspects of the development of each country. The United Nations treaties on human rights are the foundation of the international system for the promotion and protection of human rights.

Extrajudicial Killings by Security Agencies in Nigeria: An Infringement of the Fundamental Rights of Citizens

The state of Nigeria vis-à-vis extra-judicial killings is the basis of this paper. The recent evolution of Fulani herdsmen kidnapping citizens for ransom that has led to the loss of lives of so many citizens no doubts needs the apt attention of our government to profound lasting solution to the menace of this daredevils. Democracy is one of the core values and principle of the United Nations. Respect for human rights and fundamental freedoms and the principle of holding periodic and genuine elections by universal suffrage are essential elements of democracy. Thus, the above having been said, if democratic rule must meet up with western standards, the current problem facing Nigeria especially the incessant killings of citizens, which is a gross violation of human rights, must be solved. This paper emphasis is on extra-judicial killings carried out by men of the Nigeria police force, men of the armed forces of Nigeria, Fulani herdsmen and armed bandits across the country. The paper posits that extra-judicial killings is a breach of the right to life as entrenched in Section 33 of the Constitution of the Federal Republic of Nigeria, as amended. The paper strongly recommends that the police should be sensitized on the need to use rubber bullets in dispersing rioters instead of live ammunitions. The men of the Nigeria police force should also aim at the leg of an alleged criminal instead of the head. This paper also recommends that the judiciary be independent, members of the media should be allowed to do their work without any form of intimidation and human rights education should be promoted at all level and not restricted to be studied by Law students alone. Keywords: Extra-judicial killings, fanaticism, human rights, democracy, suffrage DOI: 10.7176/JLPG/131-03 Publication date: April 30 th 2023

THE FUNCTION OF THE INTERNATIONAL CRIMINAL COURT IN DEFENDING HUMAN RIGHTS AGAINST CRIMES

Humankind had to wait for the shock of the dramatic events and gross violations of human rights in the former Yugoslavia and Rwanda for the international community to accept the idea of establishing a permanent international criminal court, which was established after the obstacles and criticisms leveled at the international military tribunals of Nuremberg 1945 AD and Tokyo 1946 AD, and the Special International Criminal Courts for the former Yugoslavia 1993 AD and Rwanda in 1994; Which centered its foundation around its submission to the logic of control, power and inequality. On this basis, the international community intensified efforts to reach the endorsement of the Statute of the International Criminal Court, In addition to punishing the perpetrators of human rights violations and preventing crimes in the future, the court sets principles with regard to reparation for the damages suffered by the victims or in relation to them, including restitution, compensation and rehabilitation, by establishing a trust fund for the benefit of the victims in the crimes that fall within the jurisdiction of the court and for the benefit of the families the victims. The study adopted the historical approach, the comparative analytical approach, and the descriptive approach in order to stand on the historical development of the efforts of the International Criminal Court in protecting and promoting human rights, as well as tracking the efforts and studies that accelerated the achievement of this goal, as well as analyzing and scrutinizing opinions and positions in the light of the rules of international law and decisions of international legitimacy

Victims of Robbery with the Forced Defence (Noodweer): A Legal and Victimological Aspects

This study aims to analyze criminal arrangements in the case of victims of violent crimes who then defended forced to exceed the limit due to coercion. This research is normative legal research through a conceptual approach. The results of this study show that victims of violent crimes who commit criminal acts as a defense effort are forced to be free from crime if they meet the requirements based on Articles 48-51 of the Criminal Code. Article 5 Paragraph (1) of Law Number 13 of 2006 concerning the Protection of Witnesses and Victims also explains that victims have the right to protection and a sense of security if there is a gross violation of human rights. However, to get this right, victims still have to go through the legal process.

NGOs' approach to human rights and the challenges in Bangladesh

Motivation Human rights non-governmental organizations (HR NGOs) play a significant role in the protection and promotion of human rights, particularly in the global south. In Bangladesh, human rights violations are a major concern. The government's approach to helping victims of abuses and upholding human rights has become contentious. Therefore, in this context, NGOs' approach to and activism in helping victims, public education, and putting pressure on the government to uphold human rights have been considered vital. Purpose The article evaluates and explores the key challenges HR NGOs in Bangladesh face in safeguarding human rights. Methods and approach For this qualitative study, primary data was collected through in-depth interviews with 25 human rights activists, victims of human rights violations and their family members, journalists, NGO officials, and academics. The 25 participants were selected on the basis of purposive and snowball sampling techniques. Findings The findings suggest that the overall role of HR NGOs in Bangladesh is dubious. The HR NGOs in Bangladesh cannot play an effective role in promoting human rights, and the government's role and its responsibility to help victims and safeguard human rights is not upheld. Bangladesh's government tries to limit the function of human rights groups. The key challenges faced by HR NGOs include the ruling elite's intervention in their activities, the government's oppression and harassment of NGO officials, the country's culture of impunity, NGOs' dependence on foreign donations, restrictive laws used to control the growth of HR NGOs, the HR NGOs' financial condition and political interest, and the ineffectiveness of human rights institutions in Bangladesh. These challenges restrict the growth of the HR NGOs in the country and result in their poor performance. However, although their role and influence are limited due to the many forms of government control and oppression, HR NGOs appear to be more active than the government in upholding human rights. Policy implications The collective efforts of the HR NGOs, civil society, the government, and general citizens are crucial to protect and support human rights. HR NGOs, civil society organizations (CSOs), journalists, and the general public should not remain silent on gross violations of human rights but should make the utmost effort to encourage citizens to break the culture of impunity and raise their voices against human rights abuses. In this regard, citizens need to understand the concept of human rights. The state's co-operation in protecting human rights is critical, as the fundamental duty of the state is to ensure the rights of its citizens. Human rights NGOs should monitor human rights situations, help victims of violations, and engage in popular education. The voices of HR NGOs and CSOs should be neutral and united in order to exert enough pressure on the government to change its behaviour regarding human rights. In addition, the judiciary, NHRC, and Anti-Corruption Commission (ACC) should play an active role in ensuring equality and justice.

PERMINTAAN MAAF NEGARA ATAS PELANGGARAN HAM YANG BERAT SEBAGAI BENTUK REPARASI KORBAN

The settlement of gross violations of human rights cases in Indonesia has faced various obstacles, including the absence of a public state apology. In fact, according to International human rights normative standards, an apology is categorized as an effective form of reparation. By a socio-legal research approach, this article examines the significance of a public state apology from the perspective of victimology and International human rights standards, as well as the victim's perspective. Interviews were also conducted with victims of the gross violations of human rights in the 1965-1966 tragedy and the tragedy of Semanggi I in 1998. This article argues that according to the perspective of radical victimology, an apology is a form of state intervention in the form of symbolic recovery. Based on Boven/Bassiouni Principles, the public state apology is acknowledged as 'Satisfaction' for the victim. Even though some victims tend to reject the public state apology, this article argues that this symbolic reparation should be the first step in fulfilling reparations for victims. An apology should also be accompanied by other forms of reparation, such as the prosecution of the perpetrators of gross human rights violations at the Human Rights Court.

The Applicability of Humanitarian Intervention and the Responsibility to Protect During Armed Conflicts:  Russia-Ukraine War in Focus

Purpose: Humanitarian intervention and the responsibility to protect have been at the centre of debate in the UN, among states and civil societies. The failure of the International Community to use military force to intervene in the case of Syria and the ongoing atrocities in Ukraine has weakened the enthusiasm that was kindled by the authorized use of force in Libya. This paper aimed at critically examining the situation in Russia-Ukraine in order to propose a way forward for the protection of civilians in Ukraine through humanitarian intervention.
 Methodology: To this end, the paper recalls the responsibility to protect bestowed on States and the International Community, evaluating the positive impacts of humanitarian intervention in Kosovo and Libya. Adopting a purely doctrinal research method, this paper questions why the international community is reluctant in using military intervention in the Russia-Ukraine situation in order to protect civilians, curb human rights violations and maintain peace and security.
 Findings: The study found out that the fear to trigger war in the whole of Europe and the fact that Russia is a permanent member of the Security Council with veto power have weakened this enthusiasm to intervene.
 Conclusion: The study concludes that there is necessity for humanitarian intervention to protect civilians in Ukraine by NATO and other States.
 Recommendation: This study recommends the use of the majority voting system in decisions to apply humanitarian intervention instead of the veto system. The study also recommend that permanent members of the Security Council who are involved in gross violation of human rights like Russia should be suspended and eventually removed as a Permanent member if violations persist.
  

Responsibility of Ad Hoc Judges in Deciding Cases of Gross Violations Human Rights Based on The Principles of Justice

The research aims to; Finding the substantive responsibility of ad hoc judges in deciding cases of gross violations of human rights based on the principle of distributive justice according to Aristotle. Find personal arrangements for the procedural responsibilities of ad hoc judges according to the provisions of Indonesian legislation. Evaluating administrative responsibilities through oversight mechanisms conducted on ad hoc human rights judges. Normative juridical methods are used in research. The results of the study that ad hoc judges decide cases of gross violations of human rights do not consider the legal elements of gross violations of human rights. The evidentiary procedure is weak because ad hoc judges are institutionally independent and personally not because the influence of the chief justice is still there. Bawasmari's internal oversight is inadequate as the judge's disciplinary examination is not transparent. This research aims to 1) Find the substantive responsibilities of ad hoc judges in deciding cases of gross violations of human rights (HAM) based on the principle of distributive justice according to Aristotle. 2) Find the regulation of procedural responsibility of ad hoc judges personally according to the provisions of legislation in Indonesia. 3) Evaluate the admi nistrative responsibility through the supervision mechanism carried out on ad hoc judges, more specifically judges in human rights courts. This research method uses a normative juridical approach or an approach that examines the law as a rule, also called doctrinal legal research, because this research is conducted or aimed at written regulations. The results showed that the responsibility of ad hoc judges in deciding cases of gross violations of human rights should use the elements of the law of gross violations of human rights (HAM) but the fact that it is ruled out means that the judge's decision is considered unfair because it does not comply with existing legal standards, as well as the responsibility of judges in applying the evidentiary system in the legal process is weak. It was also found that the procedures for resolving gross violations of human rights have been implemented, but currently judges are institutionally independent and personally not so, therefore their decisions are certainly not fully independent, because they are influenced by many factors such as the influence of the head of the court or other issues from outside the judge. The internal supervision mechanism by the Supervisory Board of the Supreme Court of the Republic of Indonesia is still considered half-hearted because the quality and integrity of supervision is inadequate, as seen in the process of disciplinary examination of judges that is not transparent.

The Rwanda-United Kingdom Refugees and Asylum Seeker Deal: Absolved Responsibility?

In April 2022, the United Kingdom (UK) government announced the signing of a deal with the Rwandan government to ‘transfer’ asylum seekers entering the country through illegal means, for processing in the African country. The argument was that UK’s Nationality and Border Protection Act of 2022 prevents persons who enter the UK illegally from being processed in the country. Reasons cited include to deter people from taking treacherous journeys across the English Channel, sharing the global refugee ‘burden’, and to cull the business of illegal traffickers, among others. Human rights activists have however, critiqued the deal, stirring dialogue on different platforms. With this interrogation, the dirge was what next steps can the two countries take? The objective of the paper was to unearth the real context, pros and cons related to the deal, using desk research, through a review of related literature. Findings were that as both countries are signatories to the United Nations Convention on the Status of Refugees, they are in breach of Articles on non-penalization, non-expulsion, and non-refoulement, respectively. They are also in breach of the Global Compact for Migration, which seeks, among other things, to share the global‘ refugee burden’. By sending asylum seekers to Rwanda, the UK is absolving itself of the responsibility to share that burden. The paper bemoans the growing trend by Western states to transfer asylum seekers to other states, as if they were commodities: summarized as gross violation of human rights. The recommendation is for the deal to be rescinded, allowing asylum seekers the right to choose the country that they wish to seek their asylum in, without fear of reprisals, or further exacerbating their vulnerability.