The Post-Tiananmen Human Rights Issue in China–Australia Relations

The Tiananmen events of June 1989 shattered the dream of a special relationship between China and Australia, making human rights one of the major issues to be addressed in their bilateral relations. Though differences emerged, they still needed manageable and constructive linkages because both of them were fully aware that confrontation could damage their common interests in economic prosperity and regional peace and stability. Consequently, the engagement in human rights was the mutual demand and pursuit between Beijing and Canberra. By means of engagement, Canberra expected that with the growth of China's economy and reform this moderate approach would bring about to China better conditions for more progress in human rights, though it might be at a slow speed. In the process of China's post-Tiananmen evolutionary human rights diplomacy changes, Australia was one of the countries to be won over by China in facilitating its policy implementation. Admittedly, China's bilateral dialogue approach and technical cooperation with Australia and some other Western countries contributed to the successive failure of the American attempt to take multilateral actions to pass an anti-China resolution in the UN Human Rights Commission (replaced by the UN Human Rights Council in March 2006). Meanwhile, China had to take such steps as responding to concerns on rights issues raised by its dialogue partners and accepting and implementing UN human rights instruments to maintain the engagement approach. Resultantly, the process of China's engagement with Australia and other Western states in human rights is also a process of its learning how to deal with Western pressure constructively and how to improve human rights at home.     

The twenty-first century Armed Forces of the Philippines: orphan of counter-insurgency or military geared for the long war of the century?

This article examines the factors that account for the Armed Forces of the Philippines's (AFP) never-ending involvement in many wars of the third kind. It discusses the essence of counter-insurgency warfare or low-intensity conflict in the Philippine setting. The article then notes that the disruption in the US military assistance after 1992, the AFP's inability to modernize, and its continuous campaign against communist and secessionist insurgents have adversely affected its structure and overall combat efficiency. It also analyzes the impact of the global war on terror on the Philippine military's counter-insurgency operations and the reforms undertaken by the Philippine defense establishment to address these issues. In conclusion, the article argues that reforms will not lead to a significant transformation of the AFP as it will continue to be an orphan of counter-insurgency in the near future. However, if wars of the third kind will persist, this situation will paradoxically make the AFP the only military in Southeast Asia aptly geared for the long war of this century.     

Oligarchic rule and best practice migration management: the political economy origins of labour migration regime of the Philippines

The Philippine labour migration regime has been praised as one of the best examples of government-led migration management in the developing world, with some of the most extensive policies and bureaucratic organisations to manage and protect its citizens working abroad. However, not much knowledge has been accumulated that explains its origins or why it emerged in the Philippines and not in other large-scale migrant-sending countries. Contrary to current explanations that emphasise the economic benefits of labour migration and civil society mobilisation, this paper highlights the migration regime's compatibility with the political economy interests of the country's ruling elites. Bringing together the country's two important political and economic features, oligarchic rule and labour export, this paper suggests that the unique genesis of the Philippines’ migration regime casts doubts on the replicability of the Philippine model in other labour-sending countries as currently pursued by the international development community.     

The Philippine presidency in Southeast Asian perspective: imperiled and imperious presidents but not perilous presidentialism

ABSTRACT

Among the neglected cases of presidential systems in Southeast Asia, the Philippines is particularly interesting as the oldest in the region and as a ‘pure’ case of presidentialism which provides seemingly strong evidence for its ‘perilousness’. ‘First wave’ presidentialism theory appears to explain how competing legitimacy claims between a president and the legislature contributed to the downfall of a sitting president (Joseph E. Estrada in 2001). Yet, Philippine presidents have usually dominated other branches of government. O’Donnell's concept of ‘delegative democracy’ helps elucidate the hegemonic position of Philippine presidents generally and sheds light on the illiberally transgressive nature of the Marcos and Duterte presidencies in particular. When these twin perils of imperiled and imperious presidents are examined regionally, however, striking parallels are apparent in parliamentary Thailand while the Indonesian case provides a contrasting example of a relatively stable presidential system.     

Implementing the human right to water and sanitation: a study of global and local discourses

This article explores global and local discourses on how to implement the newly recognised human right to water and sanitation (HRtWS). We analyse the potential limitations of the human rights frame in the context of critiques that human rights are a liberal, Western discourse that does not reflect the lived experiences of non-Western countries. Through two case studies we find that there are two discourses emerging on how to implement the HRtWS. At the global level, as seen in the work of the UN Special Rapporteur on the HRtWS, we find a hegemonic discourse that is state-centric and market-friendly. In Bolivia, a country currently implementing a human rights-based approach to water services, we find a counter-hegemonic discourse on implementation. We argue that the hegemonic discourse is incomplete and does not fully address barriers to fulfilment of the right, such as state corruption and the needs of peri-urban residents.     

(An)other Way of Being Human: ‘indigenous’ alternative(s) to postcolonial humanism

This essay articulates the ways in which the Indigenous People's Movement leading to the United Nations Declaration on the Rights of the Indigenous Peoples (2007) succeeds in what postcolonial theory has conventionally set out to emancipate, but has failed to do. Postcolonial theory challenges all eurocentric and liberal humanist discourses on rights which place the Western subject as the ideal subject figure of all histories and societies, and appeals for a language that would articulate other ways of being human and humanist. Yet recent trends in postcolonial theory have come to embrace the language of cosmopolitanism and humanism as viable alternatives for a postcolonial future. Drawing upon the principle thematic of the UN Declaration on the Rights of the Indigenous Peoples, the article suggests that the Declaration provides an alternative to postcolonial theory's revisionist humanism—the re-cognition of difference. As part of the international legal discourse, the Declaration is particularly noted for its political victory in the legitimisation of collective rights in postcolonial societies. Furthermore, as the Universal Declaration of Human Rights (1948) remains an integral part of the collective rights of the Indigenous Peoples, the article suggests that the Indigenous People's Movement succeeds in negotiating a language that would legitimise other ways of being human without being adversarial or antithetical to euro-humanism.     

Health and human security: a wrinkle in time or a new paradigm?

Since it was first advanced in the 1994 Human development report of the United Nations Development Programme [United Nations Development Project. (1994). Human development report. New York: UN], the concept of ‘human security’ has evolved as a holistic development-oriented acuity [Nef, J. (1999). Human security and mutual vulnerability: The global political economy of development and underdevelopment (2nd ed.). Ottawa: International Development Research Centre]. The human security concept reinforces the right to health, drawing on both the role of states and the global community's commitment to human rights. Yet, health and human security, long the purview of state power and responsibility, increasingly include alliances of state and non-state actors. This paper proceeds in three parts. The first looks at health and human security linkages, charting the trajectory of the health and human security relationship. The second deals with policy and operational implications. It explores the health–human security link, paying particular attention to the allocation of responsibility and accountability, including through private–public partnerships and rising powers such as China. The third provides a theoretical and technical analysis of the status of health and human security since 1994, taking into account its evolution vis-à-vis human rights’ development and development more broadly, also asking whether it represents but a wrinkle in time or a new sustainable development paradigm.     

Militarisation of citizenship education curriculum in Turkey

In response to the United Nation’s (UN) Decade for Human Rights Education initiative, the Turkish Ministry of National Education changed the title of citizenship education courses from ‘Citizenship Studies’ to ‘Citizenship and Human Rights Education’ in 1995. However, this curriculum reform was overshadowed by the rise to power of a political Islamist party. The secularist military toppled the first Islamist party-led government in the name of preserving the principle of laicism. Announced after the 1997 coup, the main textbook for the citizenship and human rights education course showed a profound influence of the militaristic discourses as evidenced by the negative depiction of the Kurdish people and political Islamists and the hagiographic portrayal of Atatürk and the army. By drawing on interviews with key informants, archival/public policy documentation and textbooks, this paper argues that the curriculum reform began with the participation in the UN initiative ended with the military’s instrumentalisation of the subject because it was launched with no recognition of Turkey’s human rights and democracy problems.     

Enforcing labour rights of irregular migrants in Indonesia

The multi-directional nature of labour migration flows has resulted in an increasing number of countries having become both senders and receivers of regular and irregular migrants. However, some countries continue to see themselves primarily as senders and so ignore their role as a receiving country, which can have negative implications for the rights of migrants in their territory. Using the example of Indonesia, which is State Party to the 1990 UN Convention on the Rights of All Migrant Workers and Their Families, this article demonstrates that irregular migrant workers in this country have the legal right to protection against labour exploitation even when they work despite the government’s prohibition on employment. The article discusses the ‘right to work’ and how international human rights law has translated it into the ‘right to protection from labour exploitation’ for irregular migrants in Indonesia. By way of two case studies about the Indonesian government’s handling of irregular migrants, it shows how it prioritises enforcement of the employment immigration law over labour and employment laws much like countries that have not ratified the ICRMW. It also draws attention to legal protection gaps that emerge for asylum seekers when they are recognised to be genuine refugees.     

Human Rights and Democracy Promotion: reflections on the contestation in,and the politico-economic dynamics of,rights promotion

This contribution seeks to engender more nuanced reflection on the role of human rights advocacy and specifically its role in democracy promotion. The two agendas have been seen as conjoined and harmonious by most aid donors; yet, interestingly and perceptively, some commentators have recently criticised the notion that they are agendas that are straightforwardly compatible or coherent. I examine here from a theoretical perspective the plausibility and the consequences of the claim that the two agendas share a more complex and controversial relationship than is often assumed. Specifically, I seek to highlight the importance of paying attention to the possibility that rights themselves are inherently ‘contradictory’ in nature and that therein lies their contribution to the democratisation agenda. Indeed, by drawing on Samuel Bowles's and Herbert Gintis's view of rights claims as ‘clashing’ and ‘politico-economically’ grounded, the aim of this article is to argue for a more politicised and openly contradiction-accepting approach to rights and democracy promotion. I contextualise this (theoretically motivated but practically consequential) argument in the context of the EU's human rights and democracy promotion policies.     

Russia,Chechnya and Strasbourg: Russian Official and Press Discourse on the ‘Chechen Cases’ at the European Court of Human Rights

This article explores contemporary Russian official and media discourse on cases concerning human rights violations in Chechnya which have been heard at the European Court of Human Rights. By comparing and contrasting the discourses on the Court's rulings which have been reproduced by various government representatives and various Russian newspapers, the article aims to demonstrate that, while official discourse remains critical of the Court's work with regard to Chechnya, reporting of such cases provides certain media outlets with the opportunity to criticise the government for its perceived failings in relation to safeguarding Chechnya's civilian population from human rights abuses.     

Individual rights and collective rights: Labor's predicament in China

Despite the government's active legislation to protect workers, labor rights still remain widely ignored and poorly enforced in China. Structural constrains, such as the state's development strategy biased on efficiency over equity, tight labor markets, and the lack of an effective safety net, cannot fully explain why Chinese workers have had so little impact on the environment in which they work and the violations of their rights often occur. Using Marshall's theory of citizenship rights, this article explores the structure of China's labor rights for an explanation. It argues that while Chinese labor legislation stipulates workers' individual rights regarding contracts, wages, working conditions, pensions, and so on, it fails to provide them with collective rights, namely the rights to organize, to strike, and to bargain collectively in a meaningful sense. The lack of collective rights is one of the major factors that render workers' individual rights vulnerable, hollow, unenforceable, or often disregarded. Labor legislation that enables workers to act collectively is crucial for safeguarding their individual rights.     

Linking national and global population agendas: Case studies from eight developing countries

Human rights advocates have sought to shame the government of the People's Republic of China (PRC) into compliance with 'universal' norms. For more than a decade, foreign critics have tried to give the PRC the diplomatic equivalent of a black eye. Proponents of human rights have exposed abuses in the PRC, condemned Beijing in international settings, and protested when PRC leaders travelled abroad, as a way of denying the PRC international prestige. In response, the PRC has issued a sequence of indignant white papers on human rights and has demonstrated a robust capacity to offer gestures of compliance while otherwise resisting pressure to reform. This paper questions whether the effort to shame the PRC leads to enduring improvement in the protection of human rights. It suggests that efforts to shame Beijing arouse indignation born of national pride, coupled with a cultural relativist defence, but that there is little evidence of enduring change. Thomas Risse and Kathryn Sikkink's model of socialisation to international human rights norms informs an examination of how progress toward improved human rights in the PRC has 'stalled'. Indeed, absent a viable opposition within China, shaming may not only be ineffective in altering Beijing's behaviour, but also counterproductive.     

Theory and Practice of Public Administration in the Philippines: Concerns for an Identity Crisis

Abstract

The discipline of public administration in the Philippines has been undergoing its version of an ‘identity crisis’ over the past decade. This crisis has been manifested in four areas: (1) the inordinate influence of mostly American public administration theories and concepts upon Philippines public administration has led Filipino academics in the early to mid-1980s to ask the question ‘is there a Philippine public administration?’; (2) the perceived disconnect between theories of public administration as taught in schools and the realities in the outside world has raised questions of the relevance of the discipline to real world challenges; (3) the continued frustration over the perception that in spite of many public administration and governance reforms, the Philippines continues to be among the more corrupt nations in the region; and (4) the recent fascination of academics in other disciplines, especially economists, that ‘institutions matter’, has led some public administration scholars to argue that their discipline has been arguing precisely the same point since the 1950s.     

Engendering world conferences: the international women's movement and the United Nations

This article gives a brief history of how women's groups internationally have shaped UN and World Conferences for Women, the changes in the relationship between women's nongovernmental organizations (NGOs) and the UN over time, and effective strategies for putting the women's agenda on international agendas. The article focuses on three recent UN conferences: the Rio conference on the environment, the Vienna conference on human rights, and the Cairo conference on population. The UN Decade for Women reshaped the international women's movement by including new players and by increasing the number and types of women's groups, particularly in developing countries. Women's NGOs learned how to operate on a global scale and to gain attention. New NGO alliances and networks were formed that were cross-regional and crossed North-South divisions. An increasing number of women's groups contributed to national and international policy-making situations. Women's groups were successful in receiving international and national recognition because of the effort expended to become well prepared in collecting, knowing, and analyzing their facts and in building broad-based coalitions. The key strategies that were used in participating effectively in the conference preparatory process and formal policy-making groups involved five types of activities: 1) NGOs mounted global campaigns on a variety of issues having to do with women's rights and women's involvement in the process; 2) NGOs held multiple strategic planning meetings and built coalitions and consensus at all levels; 3) women's NGOs drafted policy documents, resolutions, treaties, protocols, conventions, and platform documents; 4) women's NGOs gained seating on official delegations by publishing reports, holding meetings, and lobbying and nominating women as representatives; and 5) women's NGOs formed caucuses that met at a daily time and place for holding dialogues with official delegates and policy-makers.     

The geopolitical economy of social policy in the Philippines: securitisation,emerging powers and multilateral policies

Recent geopolitical and economic changes have altered global social policy formation. The Bretton Woods multilateral development agencies (MDAs) have selectively incorporated ideas emerging from developing country states and decision makers, with a recent increased acceptance of social transfers as part of renewed efforts at poverty alleviation based on social risk management. There has been an instance in the use and promotion of conditional cash transfer (CCT) policies by MDAs. CCTs were a product of the emergence of a neo-structuralist welfare regime (understood as an ideal type) in Latin America – an attempt to reconcile neoliberal strategies of development with aspirations for guaranteed minimum incomes. The Bretton Woods and regional development bank MDAs have facilitated the adoption of CCTs in other developing countries, including the Phillipines. Here, a combination of actions by national political actors and MDAs has resulted in the implementation of a securitised and compliance-focused version of CCTs derived from the Colombian security state. Although poor Philippine households welcome income assistance, CCTs have acted to enforce further state monitoring without altering the national-based political and economic processes that replicate poverty.     

The future UN development agenda: contrasting visions,contrasting operations

‘Sustainable development’ – as currently and politically correctly formulated – provides an inappropriate basis on which to frame a future-oriented UN agenda, and risks perpetuating patterns of assistance in which most UN organisations perform poorly and in the shadow of alternative and more able multilateral and bilateral sources. UN operations should take as their point of departure the comprehensive agenda outlined by the two world summits of 2000 and 2005. This agenda recognises the value-based UN as the only universal-membership organisation, which combines the concerns of satisfying human needs while ensuring security, human rights, justice and sound governance. The post-2015 agenda should not look only at development and environment but aspire to what a million global voices canvassed by the UN in ‘the world we want’ campaign are clamouring for.     

The UN at war: examining the consequences of peace-enforcement mandates for the UN peacekeeping operations in the CAR,the DRC and Mali

The UN peacekeeping operations in the Central African Republic (CAR), Democratic Republic of Congo (DRC) and Mali were in 2013 given peace enforcement mandates, ordering them to use all necessary measures to ‘neutralise’ and ‘disarm’ identified groups in the eastern DRC and to ‘stabilise’ CAR and northern Mali. It is not new that UN missions have mandates authorising the use of force, but these have normally not specified enemies and have been of short duration. This article investigates these missions to better understand the short- and long-term consequences, in terms of the willingness of traditional as well as Western troop contributors to provide troops, and of the perception of the missions by host states, neighbouring states, rebel groups, and humanitarian and human rights actors. The paper explores normative, security and legitimacy implications of the expanded will of the UN to use force in peacekeeping operations. It argues that the urge to equip UN peacekeeping operations with enforcement mandates that target particular groups has significant long-term implications for the UN and its role as an impartial arbitrator in post-conflict countries.     

Crafting democratic control of the military in South Korea and the Philippines: the problem of military factions

This article explores how a military's organizational character (cohesion or lack thereof) shapes military officers' attitudes toward new civilian leadership in democratizing South Korea and the Philippines. It suggests that a factionalized military makes civilian control much more difficult and the route to democratic consolidation highly unstable and incomplete for three reasons. First, in the factionalized army, individual officers' allegiance is directed toward their factional leaders, not toward the military as a unified body and the civilian leadership. Second, factionalized military will create ‘monitoring’ and ‘sanctioning’ problems for civilians. Finally, competition among various factions in the military promotes officers' appetite for political domination. The structured-focused analysis of democratization in South Korea and the Philippines clearly sustains the theoretical arguments. The study implies that the institutionalization of civilian control of the military in democratizing nations depends on new leaders' ability/willingness to remove military factions and rebuild the armed forces into a cohesive organ.     

Repression and endurance: anathematized Hindu and Sikh women of Afghanistan

Hindus and Sikhs, longtime minority religious communities in Afghanistan, have played a major role in the social, cultural, and economic development of the country. Their history in Afghanistan has not been faithfully documented nor relayed beyond the country's borders by their resident educated strata or religious leaders, rendering them virtually invisible and voiceless within and outside of their country borders. The situation of Hindu and Sikh women in Afghanistan is significantly more marginalized socially and politically. Gender equality and women's rights were central to the teachings of Guru Nanak, but gradually became irrelevant to the daily lives of his followers in Afghanistan. Hindu and Sikh women have sustained their hope for change and seized any opportunity presented to play a role in the process. Active participants in the social, cultural, and religious life of their respective communities as well as in Afghanistan's government, their contributions to social changes and the political process have gone mostly unnoticed and undocumented as their rights, equality, and standing in the domestic and public arena in Afghanistan continue to erode in the face of continuous discrimination and harassment.