Human Rights Situation Research Articles

Report of the Special Rapporteur on the Situation of Human Rights in the Palestinian Territories Occupied Since 1967 (Oct. 23, 2017)

Report of the Special Rapporteur on the Situation of Human Rights in the Palestinian Territories Occupied Since 1967 (Oct. 23, 2017)

Intersex human rights, sexual orientation, gender identity, sex characteristics and the Yogyakarta Principles plus 10

The 2006 Yogyakarta Principles apply human rights law in relation to sexual orientation and gender identity. Created outside the UN system, their aim was to promote good practices in protecting the rights of LGBT and intersex people. They were ineffective in protecting the rights of intersex people, including due to an inappropriate framing around ‘sexual orientation’ and ‘gender identity’. In the same year, a group of clinicians published a ‘consensus statement’ reframing intersex traits as ‘disorders of sex development’, entrenching medical authority over intersex bodies. It was not until 2015 that the first country (Malta) sought to enact protections of rights to bodily integrity and physical autonomy and freedom from discrimination, associated with a new attribute of ‘sex characteristics’. In 2017, an update to the Yogyakarta Principles known as the Yogyakarta Principles plus 10 incorporated the new attribute and recognised rights to bodily integrity, truth and legal recognition. These principles have direct relevance to the human rights situation of intersex people. This paper addresses reasons why the earlier Yogyakarta Principles were ineffective and presents the goals of the update process, inviting adoption of a new attribute of sex characteristics and new principles relevant to intersex populations, advocates and policymakers.

The European Union's policy toward North Korea

The EU s policy toward North Korea, unlike the US s policy of proliferating stiffness in North Korea, pursued a ‘Critical Engagement Policy’ that demanded the improvement of North Korean society while complying with universal principles, unlike South Korea s engagement policy. In other words, the United States looks forward to actively reorganizing the international order in accordance with the rapidly changing international environment. And the EU shows a modest mix of contradictory values of North Korea cooperation and isolation. The North Korean crisis, most notably its nuclear and ballistic missile aspects, continues unabated, directly affecting the interests of EU and its population. A critical engagement policy that began in the late 2000s cannot be freed from the criticism of a partially failed policy. North Korea s nuclear and missile programs have progressed steadily, but the human rights situation in North Korea has not improved. At the same time, the role of arbitrators in EU member states in relation to the EU s diplomatic capacity has declined significantly. The main problem the EU and the EU member states face today is not a lack of resources or a lack of initiatives, but a lack of coordination. Therefore, the European Union needs to reconsider the interests of various actors in Europe, such as the EU Council, the Executive Committee, the European Parliament, and the EU member states, according to North Korea s policy at the multi-dimensional level. It is now necessary to renew this strategy at a pivotal moment, as a new European Commission takes office in 2020, the EU policy toward North Korea must be shifted from a critical engagement policy to a ‘multi-layered engagement policy’.

Las Operaciones de Paz de las Naciones Unidas y los derechos humanos: el caso de la MINURSO en el Sáhara Occidental

Las Operaciones de Paz de las Naciones Unidas pueden incluir en su mandato la posibilidad de supervisar la situación de los derechos humanos. Sin embargo, una de las excepciones destacadas es la Misión de las Naciones Unidas para el Referéndum en el Sáhara Occidental (MINURSO). Los derechos humanos se han convertido en una de las dimensiones más relevantes del conflicto del Sáhara Occidental. Por tanto, nuestro objetivo es analizar qué papel puede jugar la MINURSO en la observación de los derechos humanos en el Sáhara Occidental, así como formular algunas propuestas al respecto.

Violación de los derechos humanos en Cuba: ¿Baja o alta intensidad?

El artículo ofrece un análisis de la situación de los derechos humanos en Cuba teniendo en cuenta el marco legal vigente con la reciente aprobación de una nueva Constitución. Cuando Raúl Castro asumió la Presidencia, implementó cambios económicos que no se trasladaron en lo político. Por el contrario, las violaciones a los derechos humanos continuaron y en algunos casos se han incrementado. La investigación que se presenta en estas páginas está basada en entrevistas realizadas entre 2016 y 2019 en distintas ciudades de Cuba y en un seguimiento de las informaciones publicadas en distintos medios sobre las detenciones en la isla. La cuestión que se trata de responder refiere a la intensidad de las violaciones de derechos humanos que se registran en Cuba.Recibido: 31 octubre 2019Aceptado: 13 abril 2020Publicación en línea: 26 junio 2020

Report of the Special Rapporteur on the Situation of Human Rights in the Palestinian Territories Occupied since 1967, U.N. Doc. A/HRC/37/75 (June 14, 2018)

Report of the Special Rapporteur on the Situation of Human Rights in the Palestinian Territories Occupied since 1967, U.N. Doc. A/HRC/37/75 (June 14, 2018)

H.R.C. Res. 37/35, Human Rights Situation in the Occupied Palestinian Territory, including East Jerusalem (Mar. 23, 2018)

H.R.C. Res. 37/35, Human Rights Situation in the Occupied Palestinian Territory, including East Jerusalem (Mar. 23, 2018)

Identifying Genocide: The Yazidi Massacre in the Context of the Convention on the Prevention and Punishment of Genocide 1948

In August 2014 ISIS conducted a coordinated attack on the Yazidi population of the Mount Sinjar area. As a result, the entirety of this Yazidi population was displaced[1], and an estimated total of 3,100[2] Yazidis were killed (approximately half were executed, and the rest died whilst fleeing[3]) and 6,800[4] were kidnapped and subjected to numerous abuses, including torture and forced religious conversion. The “genocide” is ongoing[5] and as of August 2014, there are an estimated 3,200[6] women and girls still in ISIS captivity. This article will explore these events in the context of the elements of genocide and with references to the findings of the Report of the Independent International Commission of Inquiry on the Syrian Arab Republic and the Report of the Office of the United Nations High Commissioner for Human Rights on the human rights situation in Iraq in the light of abuses committed by the so-called Islamic State in Iraq and the Levant and associated group. This article will critically examine if, and to what extent, these attacks constitute a genocide within the meaning of the Convention on the Prevention and Punishment of Genocide (‘Genocide Convention’) 1948.In August 2014 ISIS conducted a coordinated attack on the Yazidi population of the Mount Sinjar area. As a result, the entirety of this Yazidi population was displaced[1], and an estimated total of 3,100[2] Yazidis were killed (approximately half were executed, and the rest died whilst fleeing[3]) and 6,800[4] were kidnapped and subjected to numerous abuses, including torture and forced religious conversion. The “genocide” is ongoing[5] and as of August 2014, there are an estimated 3,200[6] women and girls still in ISIS captivity.This article will explore these events in the context of the elements of genocide and with references to the findings of the Report of the Independent International Commission of Inquiry on the Syrian Arab Republic and the Report of the Office of the United Nations High Commissioner for Human Rights on the human rights situation in Iraq in the light of abuses committed by the so-called Islamic State in Iraq and the Levant and associated group. This article will critically examine if, and to what extent, these attacks constitute a genocide within the meaning of the Convention on the Prevention and Punishment of Genocide (‘Genocide Convention’) 1948.

The Human Rights Commission of Ethiopia:Challenges and Prospects in Promoting and Protecting Human Rights

Since 2018, Ethiopia is the leading country, with more than two million numbers of internally displaced peoples (IDP) from different parts of the country. Public demonstrations began around 2016 in Oromia and Amhara regional states are continued which pave the way for ethnic clashes and atrocities, and this worsen the situation of human rights in the country. It is difficult to get information about the situation of human rights in Ethiopia. The incumbent government threatened local civil societies and denied access to information for international human right organizations. The objective of this paper is to assess the challenges and opportunities of the Ethiopian Human Right Commission in its role of promoting and protection of human rights. To do so, data was mainly collected from secondary sources, like books, articles, reports, newspapers and research outputs. Qualitative data analysis, document analysis and interpretation were employed. The findings show that the Commission is marred by political influences, less accessibility, limited awareness of people towards human rights, poor culture of respect for human rights, lack of democratic tradition and good governance, weak institutions like the media and the tighten rule governs civil societies, are among the major hurdles limiting the effectiveness of the Commission. Ethiopia’s member of different conventions for human rights like, CCPR, ICESCR, ICERD, CEDAW, CRC and the establishment of the local civil society (EHRCO), though not free from impairments from the ruling party, can be mentioned as some prospects if they are used for better outcomes. Keywords: Human Rights, Promotion, Protection, Challenges, HRCE DOI: 10.7176/DCS/10-6-05 Publication date: June 30 th 2020

The Xinjiang Case and Its Implications from a Business Ethics Perspective

The discourse on economic integration with authoritarian regimes has evolved as a key topic throughout the different disciplines of social sciences. Are sanctions and boycotts effective methods to incentivize human rights improvements? To analyze this question, we focus on the situation in China’s Xinjiang province from 2010 to 2019. In this paper, we discuss the relevance of human rights as an ethical norm within business ethics and international law. We evaluate the ongoing processes in Xinjiang from this perspective and scrutinize the interests of major players in the region, including the Central Government of the People’s Republic of China, Xinjiang’s local government, and enterprises involved in the region. Following this, we discuss which economic measures will improve the human rights situation and how these measures contribute to an improvement of the situation.

Coping with Human Rights Challenge: A Perspective from Asean

Since its inception, ASEAN has constantly faced criticism from western countries and international human rights organizations. This paper particularly focuses on ASEAN human rights and non-interference policy. ASEAN has established two new commissions: Intergovernmental Human Rights Commission and Protection of Women and Children. This study focuses on the current state of human rights in ASEAN and addresses the following key questions: how ASEAN deals with human rights problems? Why ASEAN response to human rights has been considered as insufficient to handle/tackle human rights problems effectively? Hence, a qualitative approach was applied to this study using secondary sources of data. This study is based on thorough literature review and critical analysis of ASEAN human rights situation, by reviewing the relevant studies on human rights challenges in ASEAN, and its strategies in tackling this challenge. This study concludes that although the problem of human rights is recognized as per national, regional and international laws, but the challenge to implement them in letter and spirit require more concrete step at regional level on behalf of ASEAN, however, Non-intervention policy is a serious challenge to collective decision making on ASEAN human rights. Therefore, ASEAN needs to setup a mechanism where the member states can find common ground to handle human rights challenge.

Congress Signals Concern About Human Rights Abuses in China

In late November of 2019, Congress passed the Hong Kong Human Rights and Democracy Act of 2019 (HKHRDA) with overwhelming bipartisan backing. Although its substantive provisions were modest in scope, this bill sent a strong indication of congressional support for protesters in Hong Kong. Despite having some reservations about this bill, President Trump signed it and a companion bill into law on November 27. The following month, Congress signaled attention to another human rights situation in China—the treatment of Uighurs in Xinjiang—by including a provision in the National Defense Authorization Act for Fiscal Year 2020 that requires an executive-branch report on this issue.

OFFICIALS CORRUPTION VIOLATES HUMAN CONSTITUTIONAL RIGHTS

The article is devoted to one of the most acute problems of Kazakhstan - corruption, which is a significant factor in the deterioration of the human rights situation. As a result of the use by officials of their official position for personal gain, virtually all basic human rights are violated. The authors analyze the extent of corruption and the participation in it of public servants holding senior positions. Special attention is paid to the statistics of corruption, as well as its analysis, the causes of corruption are determined and analyzed in detail.

How effective is EU’s human rights persuasion in its post-Soviet neighbourhood? Insights from a statistical assessment

ABSTRACT When human rights abuse escalates, before using any other instrument, international actors first try to persuade abusive regimes to reverse their practices. While the effects of persuasion by the United Nationsand non-governmental organizations received scholarly attention, the effects of the European Union’s (EU’s) human rights persuasion on the subsequent situation have never been studied in a large-N study. Using a novel dataset accounting for 12 post-Soviet states over 20 years, the article shows that EU persuasion through resolutions issued by the European Parliament can trigger an improvement of a country’s human rights situation. Moreover, persuasion is context dependent – it is more impactful among states that have EU membership aspirations.

A Critical Analysis on Violation of Human Rights Caused by Extra-Judicial Killings with Special Reference to the Role of Police: Bangladesh Perspective

This paper mostly dwells on certain examples of violation of human rights extremely committed by the law enforcement agency i.e., the police emphasizing the human rights situation in Bangladesh. The utmost negative role of Police has been highlighted here considering the state of human rights regarding the violations especially caused by Extra-Judicial Killings. Furthermore, the Human Rights situation demanded its due concepts with the present justice system. In this study, the police administration has been taken under close scrutiny. In addition to this, an attempt has been made to unveil the relationship between Human Rights and Police Administration. Most importantly, there is a further attempt to uphold the facts of human rights violations, especially in extra-judicial killings mentioning and studying sensational cases too. Finally, in this paper, the researcher has endeavored to bring out the actual situation of violations analyzing the extra-judicial facts in different perspectives in connection with the activities of the law enforcing agencies i.e., the police where this agencies are always on action having the responsibilities to protect and ensure the human rights of the citizens in a democratic and developing country like Bangladesh.

Afar Perspectives on Ethiopia-Eritrea Rapproachment: Two Roads to Assab

On July 9, 2018 Ethiopia and Eritrea signed a Joint Declaration of Peace and Friendship, which committed the two governments “to forge intimate political, economic, social, cultural and security cooperation.” On July 17, 2018 Ethiopia’s Ministry of Foreign Affairs announced that preparations were underway for landlocked Ethiopia to use Eritrea’s port of Assab, and that a task force had been established for implementation. Use of the Assab port has critical economic significance for Ethiopia and Eritrea both. It also has implications for the traditional inhabitants of the port area and surrounding environs – the Afar people. The port and surrounding lands are Afar traditional territory, inhabited by Afar people for almost two thousand years. With respect to these lands, both the Special Rapporteur on the situation of human rights in Eritrea and the Commission of Inquiry on Human Rights in Eritrea found that Eritrea engaged in widespread and systematic persecution of the Afar people, including ethnic cleansing – a crime against humanity. The Commission [of Inquiry on Human Rights in Eritrea] collected information that the Afar people have been subjected to extrajudicial killings and enforced disappearance by the Eritrean Government since 2000. These killings have also triggered their displacement from their lands within the country and across borders to Ethiopia and Djibouti....The commission, therefore, finds that Eritrean officials have committed the crime of persecution, a crime against humanity, in a widespread and systematic manner since May 1991. In June, 2018 the SR-Eritrea reported that Eritrea’s crimes are ongoing. On October 24, 2018, the SR-Eritrea reported that the Afar people “have been removed from around Assab ... an area traditionally belonging to or used by them” by force. This paper considers the following questions and proposals: (1) If Ethiopia is now to use the Assab port and surrounding lands without consent of the Afar people, will it be involving itself in Eritrea’s crimes? (2) Approximately 200,000 Eritrean Afar have fled Eritrea and now live as asylum seekers and refugees in neighbouring Ethiopia, Sudan and Djibouti. The UNHCR maintains that “Voluntary repatriation remains the main durable solution” to the world’s refugee crisis. Nobody would voluntarily return to Eritrea today unless they had reliable guarantees of personal security, prophylaxis from indefinite national service, reasonable prospects for the enjoyment of human rights and expectations of a job. These conditions do not now exist in Eritrea. (3) Going forward, Ethiopia must choose between two roads that lead to Assab. One road, simply taking the plunder of Eritrea’s crimes against humanity by paying the criminals to use the Assab port and surrounding lands, is quick, although it is a road reserved for criminals. A second road will take longer to travel and contains many obstacles. As the regional hegemon with newly acquired access, power and leverage in Asmara as a result of the transformed situation, Ethiopia could • work to create the necessary conditions, with appropriate guarantees, that would allow some Afar to return; • try to mobilize Eritrea and interested European governments to participate in training Afar to work in port construction, operations, associated infrastructure and the necessary service industries that will process Ethiopian traffic; • try to negotiate reserving part of its payment for use of the port to restore Afar to their homes, businesses and properties or to replace these in appropriate cases; • engage with European governments to assist these efforts and funding motivated by the EU’s desire to stem the flow of refugees and asylum seekers into EU countries; • engage representative Afar organizations in these processes and seek Afar consent to the negotiated outcome. If Ethiopia is moderately successful in creating the right conditions, and securing pathways for compensating restitution, Afar might be motivated to return home. If they did, this could serve as an example to other Eritrean refugees and asylum seekers now in Europe, Israel, Sudan and elsewhere. The reintegration of significant numbers of educated, trained, employed former Eritrean refugees and asylum seekers, with a stake in employment, housing, and social services could be transformative of the Eritrean dictatorship, a goal the civilized world shares. This second road may be slower and less certain, but it is the only road that leads to the possibility of peace, justice and stability for all the parties concerned.

The Impact of Human Rights Violation Concerning the Status of Women and Children in Bangladesh: A Critical Review

This paper is basically concerned with the status of Women and Children relating to the violation of human rights and its impact. This paper mostly dwells on certain examples of violation of human rights relating to torture, sexual harassment, trafficking and sexual exploitation, rape, and murder or even the violation of domestic workers’ rights emphasizing on the human rights situation in a democratic and a developing country like Bangladesh. In this study, in addition to this, an attempt has been made to unveil the relationship between Human Rights and Police Administration. Most importantly, there is a further attempt to uphold the facts of human rights violations especially concerning the status of women and children mentioning and studying certain sensational cases too. Finally, in this paper, the researcher has endeavored to bring out the actual situation and impact of such violations analyzing and reviewing critically the status of women and children as well as the indigenous community i.e., the rights of indigenous women and children in Bangladesh too and certain facts in different perspectives in connection with the activities of the law enforcers i.e., the police where these agencies are always on action having the responsibilities to protect and ensure the human rights of the citizens in a democratic and developing country like Bangladesh.

THE IMPACT OF THE POST ARAB SPRING ON THE HUMAN RIGHTS IN SYRIA

Purpose: The purpose of the study is to give an analysis of the humanitarian situation and the case of human rights in Syria after the events of the Arab spring. Methodology: This is analytical-descriptive research that has been done through literature review, content analysis, and documentary and case study research. Result: our results suggest that the Syrian government made false concessions designed to end the revolts. The occurrence led to the formation of a rebel group, the Free Syrian Army whose main objective was to oust the authoritarian regime and stop the killing of civilians. This marked the beginning of the blatant violation of human rights as well as the civil war in Syria. The government not only ignited but also took the war to its own people killing, injuring and imprisoning thousands of people. Worse still, thousands of women and young girls still suffer sexual violence during the nightly raids conducted frequently on either opposing camps. Following the massive violations of human rights, almost all economic sectors of Syria have met rock-bottom. Applications: This research can be used for policymakers and the international community to take a further step to aid the Syrian civilians. Novelty/Originality: In our research, we try to target a very much debated topic in the Middle East. Although several articles written about the humanitarian and human rights situation in Syria studies on human rights after the Arab spring is still lacking.

United Nations, Peacekeeping Operations, and Peacebuilding Framework: A Critical Analysis of ‘Security- Development’ Nexus


 
 
 The security-development nexus has become one of the most important agendas especially in the field of peacebuilding in response to urgent needs in complex humanitarian assistance in war-torn areas. With the changing dynamics of conflict since the end of the Cold War, recent peacebuilding efforts have employed a combination of security and development paradigm to ameliorate severe human rights situations in different contexts. In particular, the functionality of security-development nexus has been well observed in post-conflict scenarios where broader state-building, institutional, security, and governance-related reforms were implemented to ensure sustainable peace processes. In addition, it has been criticized in terms of the imposed liberal values. This article critically analyzes the security-development nexus and attempts to examine how and why the nexus has become essential to the post-Cold War peacebuilding framework. It further elucidates the role of the United Nations (UN) as the leading actor in peacebuilding operations, especially in the form of UN Peacekeeping Operations (PKO) which have played a significant role in establishing and consolidating peace in various conflict-ridden societies.
 
 

Fostering the Rule of Law in the Americas: Is There any Room for Judicial Dialogue between the IACtHR and National Courts?

ABSTRACT Through its nuanced case law, the Inter-American Court of Human Rights has marked significant progress in the establishment of the rule of law and the overall human rights situation in the Latin-American region with pronouncements that have remarkable normative influence to the domestic courts or other regional and global human rights fora. This notwithstanding, in its attempt to entrench the rule of law and encourage political stability among State parties, the IACtHR is particularly cautious in leaving wide margin of appreciation to the States. This tendency of the Court is also evinced by the adoption of the conventionality control concept. Pursuant to this scheme, state courts must review the compatibility of national legislation not only with national Constitutions but also with its respected interpretation by the IACtHR. While mapping the domestic constitutional reactions to the doctrinal constructions of the Court, this paper explores whether the looming difficulty of the latter to truly embrace its subsidiary character impedes the reconceptualisation of its dialogue with national courts and therefore, the solid consolidation of its jurisdiction.