Transnational Terror and Human Rights

Do terrorist attacks by transnational groups lead governments to restrict human rights? Conventional wisdom holds that governments restrict rights to forestall additional attacks, to more effectively pursue suspected terrorists, and as an excuse to suppress their political opponents. But the logic connecting terrorist attacks to subsequent repression and the empirical research that addresses this issue suffer from important flaws. We analyze pooled data on the human rights behavior of governments from 1981 to 2003. Our key independent variable of interest is transnational terrorist attacks, and the analysis also controls for factors that existing studies have found influence respect for human rights. Repeated terrorist attacks lead governments to engage in more extrajudicial killings and disappearances, but have no discernable influence on government use of torture and of political imprisonment or on empowerment rights such as freedom of speech, assembly, and religion. This finding has important implications for how we think about the effects of terrorism and the policy responses of states, non-governmental organizations, and international institutions interested in protecting human rights.     

Militias,tribes and insurgents: The challenge of political reintegration in Iraq

Following its overthrow of Saddam Hussein in 2003, the United States was confronted with one of the most complex state-building enterprises of recent history. A central component of state building, emphasised in the literature yet given scant attention at the time of the invasion, is the process of political reintegration: the transformation of armed groups into political actors willing to participate peacefully in the political future of the country. In Iraq, political reintegration was a particularly important challenge, relating both to the armed forces of the disposed regime and to the Kurdish and Shia militias eager to play a role in the new political system. This article examines the different approaches employed by the United States toward the political reintegration of irregular armed groups, from the policy vacuum of 2003 to the informal reintegration seen during the course of the so-called “surge” in 2007 and 2008. The case study has significant implications for the importance of getting political reintegration right—and the long-term costs of getting it badly wrong.     

Civilian self-defense militias in civil war

To mitigate the costs associated with suppressing rebellion, states may rely on civilian self-defense militias to protect their territory from rebel groups. However, this decision is also costly, given that these self-defense groups may undermine control of its territory. This raises the question: why do governments cultivate self-defense militias when doing so risks that these militias will undermine their territorial control? Using a game theoretic model, we argue that states take this risk in order to prevent rebels from co-opting local populations, which in turn may shift power away from the government and toward the rebels. Governments strategically use civilian militias to raise the price rebels must pay for civilian cooperation, prevent rebels from harnessing a territory’s resources, and/or to deter rebels from challenging government control in key areas. Empirically, the model suggests states are likely to support the formation of self-defense militias in territory that may moderately improve the power of rebel groups, but not in areas that are either less valuable or areas that are critical to the government’s survival. These hypotheses are tested using data from the Colombian civil war from 1996 to 2008.     

Threats to Leaders’ Political Survival and Pro-Government Militia Formation

It is puzzling why leaders delegate authority to pro-government militias (PGMs) at the expense of professional armed forces. Several state-level explanations, ranging from low state capacity to blame evasion for human rights violations have been proposed for the establishment of PGM linkages. These explanations lack focus on the individuals making decisions to form PGMs: national leaders. It is argued that leaders create linkages with PGMs to facilitate leaders’ political survival in the event of their deposition. Threats to leaders’ survival come from the military, foreign powers, or domestic actors outside the ruling coalition. As costs of leader deposition are low for the state, leaders facing threats from one or all of these sources must invest in protection from outside of the security apparatus. The argument is tested through data on PGM linkage formation and threats to political survival. Results show that leaders under coup threat are more likely to form PGM linkages, while threats from foreign actors make leaders particularly more likely to form linkages with ethnic or religious PGMs. The findings strongly suggest that PGM linkage formation is driven by leader-level desire for political survival, rather than a host of state-level explanations.     

Not Whether,But When? Governments’ Use of Militias in War

Abstract

Although government use of militias during civil conflict can ultimately undermine state authority, governments still use militias for battlefield assistance. This paper examines the selectivity of government decisions to use militias by disaggregating civil conflict to the level of battle phases. Civil-conflict battles typically consist of four phases: preparation, clear, hold, and build. I argue that governments decide to use militias based on the strength of government security forces, operational advantages of militias, and the type of battle phase. Governments will limit the use of militias during key battle phases that are likely to receive increased media attention unless a victory secured by government security forces is unlikely or militias hold an operational advantage. A comparative analysis of the offensive operations in Tikrit and Ramadi during Iraq’s war against the Islamic State of Iraq and Syria (ISIS) lends initial support to this theory.     

The Tamil people's right to self-determination

This article provides an overview of the crisis in Sri Lanka and states why an armed conflict has developed in the northern and eastern parts (north-east) of the country. The Tamils' accusations—of discrimination, denial of the right to self-determination, abrogated agreements and violations of international human rights and humanitarian law amounting to genocide by successive Sri Lankan governments—are supported by specific evidence given by international human rights and legal experts, international human rights non-governmental organizations and other relevant entities. The democratic parliamentary efforts and the non-violent resistance struggle of the Tamil people prior to the outbreak of war are traced over several decades. The article includes an outline of social and law and order achievements in the north-east under the de facto administration of the Liberation Tigers of Tamil Eelam (LTTE) and concludes with some current international dimensions of the situation.     

The politics of human rights in democratic Brazil: ‘A lei não pega’

In spite of the important democratic advances registered since Brazil returned to democracy in 1985, widespread human rights violations associated with the right to life continue to be reported. This article examines the nature of human rights violations and the government's attitude to them. Since 1985 there has been a fundamental shift in the relationship between the perpetrators of violations and the state authorities, in the identity of the victims, the motives behind the crimes and the political context in which they take place. During the same period the governments’ response to human rights violations has evolved from a reactive to a pro‐active strategy, culminating in the launching of the country's first National Plan for the Protection of Human Rights, in May 1996. The article concludes that despite some positive developments, the underlying causes, pattern and intensity of human rights violations continue essentially unabated.     

‘This gun is our food’: Disarming the White Army militias of South Sudan

The continued presence of ‘other armed groups’ poses a significant challenge to furthering peace and stability in post-conflict environments. A good example of this was ‘White Army’ militias, which maintained an armed presence after the signing of Sudan's Comprehensive Peace Agreement in 2005. This article presents an empirical mapping of the White Army militias as well as a detailed analysis of the disarmament strategies that were implemented for them during the course of 2006. The article concludes with an analysis of the successes in achieving disarmament of White Army militias as well as the continuing challenges faced by Sudanese authorities and the international community alike in building sustainable conditions for peace.     

Complying with Human Rights

ABSTRACT

The empirical assessment of how signatories of human rights conventions comply with their obligations has, so far, yielded conflicting results, especially regarding the compliance mechanisms that are the most promising to ensure improving human rights records. We argue that this is due to the fact that differences in compliance systems have been neglected and that different compliance mechanisms have been assessed in isolation, without considering possible interactions. To analyze this argument, we propose a novel way to assess the effect of these mechanisms by relying on a Markov-transition model. Our results show that human rights violations are time dependent and that the effect of independent variables is conditional on previous human rights violations as well as on the strength of human rights compliance systems.     

Democracy and Human Rights in the Mexican States: Elections or Social Capital?

Why does the relationship between a government and its citizens deteriorate to violence? Large-N cross-national quantitative analyses of human rights violations have found an inverse relationship between democracy and violations. These analyses, however, have not been able to address the central finding of an influential subnational analysis of democracy that stresses the importance of a single dimension of democracy, social capital. In this article we combine these two streams of research with fresh data from the Mexican states to investigate how and why democracy inhibits violations. Theoretically, we connect a policy interest in protecting human rights to politicians' office-seeking goals and to the level of social capital. Empirically, our data allow us to disentangle two principal components of democracy, elections and social capital, and include important control variables, notably ethnic diversity, which have been largely left out of the cross-national analyses. Our central finding is that the electoral components rather than social capital produce important consequences for the protection of citizens' human rights.     

Transnational Advocacy Networks and Corporate Accountability for Gross Human Rights Violations in Argentina and Colombia

This article examines the activity of two transnational advocacy networks concerned with holding corporations and their representatives accountable for gross human rights violations committed during the last Argentinean dictatorship and the ongoing Colombian armed conflict. Based on these case studies, it illustrates how various experts and scholars construct and promote different visions of justice and best practices of dealing with corporate violence according to their own professional backgrounds and political beliefs. While transnational networks play an important role in reckoning with political and economic violence, their mobilization also creates a fragmented field of knowledge and practice where different professionals and networks seek to achieve justice, but also to impose themselves as the legitimate agents of these accountability processes.     

Who should code your conduct? Trade union and NGO differences in the fight for workers' rights

The debate over workplace codes of conduct has created tensions between trade unions and human rights NGOs. These tensions result from the inherent structural differences between interest‐driven trade unions and ideals‐driven human rights NGOs. The differences play themselves out in how these actors pursue social justice in a globalised economy. Human rights NGOs tend to see codes of conduct as a method to prevent violations, akin to their traditional work on legal reform and human rights monitoring. Trade unions assess codes for their potential to help empower workers, especially to help ensure freedom of association, which will lead to the realisation of participatory rights. In our understanding of human rights as a means of empowerment for vulnerable groups, we argue that the trade union perspective on human rights is a good long‐term approach. Short‐term successes, such as improving working conditions through outside patronage, seem useful only to the extent they serve this long‐term goal.     

The Security Imperative in Counterterror Operations: The Israeli Fight Against Suicidal Terror

ABSTRACT

Israel has had a long tradition of fighting international and Palestinian terror. This article looks at how Israel counterterrorism strategy and tactics have developed since the establishment of the State in 1948. By initially providing a working definition of terrorism, the article then goes to show how Israel has sought to defend itself from different Palestinian terror tactics. This article shows how Israeli security forces have struggled safeguarding, and sometimes disregarded Palestinian human rights. This article concludes by arguing that given the responsibility of democratic governments of defending their citizens from imminent terror attacks, such governments often find themselves paradoxically violating human rights. Despite attempts to reduce such human rights abuses, governments will never do so at the expense of their own security.     

Acts of Truth Telling and Testimony in the Conceptualisation of Reparations in Post-conflict Peru

ABSTRACT

The internal armed conflict of Peru (1980–2000), a struggle which saw the rise of various guerrilla movements, notably Shining Path, against the State, left an estimated 69,280 fatalities and countless survivors of human rights violations. Among the victims, particularly toward the end of the conflict, were over 300,000 indigenous, predominantly illiterate, women in impoverished rural communities who had been targeted by State officials and forced into undergoing sterilisation surgeries. To date, no reparation has been enacted in response. This article reviews acts of truth telling, in particular the use of oral testimony within the project of Quipu, of the victims of these enforced sterilisations, as a nonviolent method of historical justice. The article finds that calls for violent social justice (that is, the internal armed conflict) have not protected the rights of the most vulnerable (among them, indigenous women), though arms may have been taken up in an attempt to do so, but have in fact increased the forms of violence within the armed conflict. By contrast, testimony as nonviolent action protects victims’ right to the truth and their right to resist, as it turns against violent histories and toward possible reparation.     

Repression of the Human Right to Personal Integrity Revisited: A Global Cross-National Study Covering the Years 1976–1993

Here we seek to build on our earlier research (Poe and Tate, 1994) by re-testing similar models on a data set covering a much longer time span; the period from 1976 to 1993. Several of our findings differ from those of our earlier work. Here we find statistical evidence that military regimes lead to somewhat greater human rights abuse, defined in terms of violations of personal integrity, once democracy and a host of other factors are controlled. Further, we find that countries that have experienced British colonial influence tend to have relatively fewer abuses of personal integrity rights than others. Finally, our results suggest that leftist countries are actually less repressive of these basic human rights than non-leftist countries. Consistent with the Poe and Tate (1994) study, however, we find that past levels of repression, democracy, population size, economic development, and international and civil wars exercise statistically significant and substantively important impacts on personal integrity abuse.     

Targeted Versus Conventional Economic Sanctions: What Is at Stake for Human Rights?

ABSTRACT

The adverse impact of economic sanctions on human rights is well documented in the literature (Peksen 2009; Wood 2008) and so are the consequences of sanctions for democracy (Peksen and Drury 2009, 2010) and for the survival of leaders (Escribà-Folch & Wright 2010; Marinov 2005). Using data from the Targeted Sanctions Consortium (Biersteker, Eckert, Tourinho, and Hudákóva 2013), we analyze whether sanctions that target segmented groups within the leadership fare any better with respect to human rights protection. The analysis focuses on the universe of targeted sanctions against African countries, between 1992 and 2008, and finds that the adverse impact of this coercive instrument—though unintended—is not statistically distinguishable from the adverse consequences already identified by the literature with respect to conventional sanctions. All else equal, the protection of rights to physical integrity (the right to life and the prohibition of torture) in the targeted country is 1.74 times more likely to worsen under an episode of targeted sanction when compared to a situation where there is no sanction. We propose a signaling model wherein a targeted leader is perceived by the opposition as weakened by the sanctions, which leads to more protest and repression. Higher levels of human rights violations follow.     

Negotiating Civil-Military Relations in Post-Authoritarian Argentina and Chile

This article invokes game theory to analyze civilian attempts to push back military influence in two countries where the armed forces have enjoyed strikingly dissimilar levels of power and privilege after the transition of democracy: Argentina and Chile. It finds that civilian governments in both countries have managed to make progress in challenging military prerogatives. But they have made relatively more progress in areas unrelated to human rights. While civilians have had to respect military immunity in the human rights sphere, they have anaged to erode other limitations on popular sovereignty that the officer corps imposed as a condition for leaving power. The resulting accommodation I describe reflects the pragmatic approach to politics that civilian and military leaders have assumed in post-authoritarian Latin America.     

Power Preponderance and Domestic Politics: Explaining Regional Economic Integration in Latin America and the Caribbean, 1960-1997

As the global economy expands, there is an increasing opportunity for trade between diverse regime types. Simultaneously, human rights have become an increasingly important issue as regimes are faced with greater pressure to adopt democratic policies. As a result, it is common for contemporary western political rhetoric to advocate the use of trade policies in an attempt to deter human rights violations. Within the political science literature, the liberal position asserts that increased trade will lead to improved human rights practices. Critics of this view, on the other hand, argue that trade policies do not alter a regime's treatment of its citizens. The extent to which the level of trade in a country affects human rights remains a point of contention. This paper sets out to empirically test the liberal perspective regarding the effect of trade on human rights practices. A pooled cross-sectional time series analysis is utilized to investigate the effects of trade on human rights. We examine developing countries from 1976 to 1996. We find support for the liberal position, specifically that trade is negatively related to human rights violations.     

Issues and Actors in African Nonstate Conflicts: A New Data Set

Armed nonstate conflict without the direct involvement of the state government is a common phenomenon. Violence between armed gangs, rebel groups, or communal militias is an important source of instability and has gained increasing scholarly attention. In this article, we introduce a data collection on conflict issues and key actor characteristics in armed nonstate conflicts that provides new opportunities for investigating the causes, dynamics, and consequences of this form of organized violence. The data builds on and extends the Uppsala Conflict Data Program Non-State Conflict data set by introducing additional information on what the actors in the conflict are fighting over, alongside actor characteristics. It covers Africa during the time period 1989–2011. The data set distinguishes between two main categories of issues, territory and authority, in addition to a residual category of other issues. Furthermore, we specify sub-issues within these categories, such as agricultural land/water as sub-issue for territory and religious issues for other issues. As actor characteristics, the data set notes whether warring parties received military support by external actors and whether religion and the mode of livelihood were salient in the mobilization of the armed group. The article presents coding processes, key features of the data set, and point to avenues for new research based on these data.