Corporate power,US drug enforcement and the repression of indigenous peoples in Latin America

Abstract

The question that motivates this article is: what are the mechanisms through which the prosecution of the drug war in Latin America lead to human rights repression? In answering this question, I theorise that drug enforcement is a coalition of actors that facilitates domestic and international consensus around prohibition as a mechanism for corporate expansion. Drug war infrastructure financing is likely to facilitate the expansion of corporate investments by resource-seeking industries that require greater land use, which encroaches on the ancestral territories of indigenous peoples. And, in response to indigenous resistance to corporate appropriation of ancestral lands, resource-seeking transnational corporations will collude with private security firms and paramilitary organisations to repress and eliminate indigenous resistance. In the process of accumulating capital in Latin America, transnational corporations, domestic security, and paramilitary organizations are the drug enforcement coalition’s mediators of terror.     

International terrorism,human rights,and World order

Abstract

This article attempts to summarize the efforts that have been made during the 1970s in the search for an appropriate definition of international terrorism, its causes, and the measures to combat it. It evaluates these efforts in the context of the simultaneous interests in human rights. It advances some propositions as to how international terrorism could be seen from the perspectives of both social‐psychological theories of violence and Western legal practices. In conclusion, the relationship between the individual and the state is evaluated in the context of the present world order and its operative political and legal principles. Although this approach may not solve the problem of international terrorism by advancing any neat scheme of control which can be readily applied by anxious governmental law enforcement agencies, nor succeed in articulating a strategy for the respect of human rights by governments and individuals, it will hopefully generate some ideas about how justice can be rediscovered while searching for viable solutions for both international terrorism and human rights.     

Is Turkey coming to terms with its past? Politics of memory and majoritarian conservatism

There is unprecedented domestic and international interest in Turkey's political past, accompanied by a societal demand for truth and justice in addressing past human rights violations. This article poses the question: Is Turkey coming to terms with its past? Drawing upon the literature on nationalism, identity, and collective memory, I argue that the Turkish state has recently taken steps to acknowledge and redress some of the past human rights violations. However, these limited and strategic acts of acknowledgment fall short of initiating a more comprehensive process of addressing past wrongs. The emergence of the Justice and Development Party as a dominant political force brings along the possibility that the discarded Kemalist memory framework will be replaced by what I call majoritarian conservatism, a new government-sanctioned shared memory that promotes uncritical and conservative-nationalist interpretations of the past that have popular appeal, while enforcing silence on critical historiographies that challenge this hegemonic memory and identity project. Nonetheless, majoritarian conservatism will probably fail to assert state control over memory and history, even under a dominant government, as unofficial memory initiatives unsettle the hegemonic appropriation of the past.     

Impact of the 1996 Welfare Reform and Illegal Immigration Reform and Immigrant Responsibility Acts on Caribbean Immigrants

SUMMARY

This paper examines the impact of the 1996 Welfare Reform and Illegal Immigration and Immigrant Responsibility Acts on Caribbean immigrants in the United States. Drawing from the conceptual framework posited by Dye's (1984) Elite Preference Modelof policy analysis, the author argues that the three laws have created enormous economic and psychological difficulties among families in the United States. Developing countries in the Caribbean region have been severely impacted by the law since they have had to accommodate returning citizens when they are deported under provisions of immigration policies. The question for consideration by this paper is how may the legal and human rights of deportees be balanced against the rights of the U.S. government to secure its borders and ensure the security of its citizens? The paper also addresses issues of immigration, and international relations particularly the north-south dialogue between powerful developed countries such as the United States and small developing states of the Caribbean.     

Gendering the border effect: the double impact of Colombian insecurity and the Venezuelan refugee crisis

Abstract

In the Colombian–Venezuelan borderlands, the reconfiguration of armed group presence and mass migration create and reinforce conditions of high violence and risk. Against this backdrop, we ask: What are the gendered security implications of the double crisis in the borderlands? Based on fieldwork in four regions along the border, this article argues that the border effect is gendered; the very factors that coalesce to produce this effect exacerbate existing gendered power dynamics, particularly as these relate to gender-based violence. Accordingly, this article demonstrates the specific ways in which the border – as a facilitator, deterrent, magnet and/or disguise – reinforces experiences of gendered insecurity in this region. The article finishes by outlining the implications for other international borderland settings.     

At the Borderlands of Informal Practices of the State: Negotiability,Porosity and Exceptionality

Abstract

Using local land registration practices in four ‘gray’ settlements in South Africa, I demonstrate a host of local state practices. These can be seen as falling into one of three typologies – negotiability, porosity, and exceptionality – and demonstrate the highly negotiable nature of engagements between the local government and informal communities. Furthermore, the cases speak back to the idea of informal practices of the state, showing its utility and limits at the micro-scale and offering insight into the motivations of the state for engaging in such practices and their potential for offering more progressive forms of engagement.     

Entering the global dealing room: Reflections on a rights-based framework for NGOs in international development

The human rights framework cuts across different aspects of development. It has a universal appeal which is increasingly supported by a stronger social, political and cultural global rooting. NGOs have made important contributions to this growing global culture of human rights. The potential of human rights as a normative instrument to further shape and form the political and human quality of globalisation can hardly be underestimated. Human rights offer NGOs the possibility to strategically position themselves at the crossroads of emerging transnational relationships between different actors in the state, market and civil sector. This will strengthen enforcement of human rights, shared among and across different levels of institutions and decision making. But in order to enter the global dealing room, the function of NGOs must be grounded more firmly in the United Nations framework, which gives human rights their principal global legitimacy.     

Child marriage,human rights and international norms: the case of legislative reform in Trinidad and Tobago

Abstract

The United Nations Convention on the Rights of the Child entered into force in 1990. It condemns child marriage, violence and discrimination against children and enjoins tutelage for their education and health. Implementing such principles in national legislation sometimes conflicts with local norms relating to respect for cultural and religious traditions. This was the case of Trinidad and Tobago, a multicultural and multi-religious society that legally sanctioned child marriage until 2017. The paper makes two unique contributions to the literature. First, using the literature on child marriage and the obligations under international conventions, the paper creates a child marriage conceptual framework with the main normative positions on child marriage. Second, using the framework, it explores the normative motivations underlying the domestic legal reform debates held in parliament between 2015–2017. The paper uses the conceptual framework to explain the transformations in the traditional positions of local religious and ethnic groups, provides evidence of norm penetration from the international to a local multicultural setting and furthers the literature on international human rights norm penetration and contestation.     

The Moroccan system of labour institutions: a class-based perspective

Abstract

The relevance of workers’ mobilisations in the 2011 Arab uprisings and – more recently – in the Algerian movement for democracy and social justice has encouraged a renewed interest in labour–state relations in the region. This article presents a class-based perspective on labour institutions, taking Morocco as a case study. In contrast to institution-based approaches, this research argues that it is problematic to treat the trade unions as analytical proxies for the working class, because this heuristic move conceals how class struggles – from below and from above – can transcend and transform labour institutions. The article proposes a framework to study labour–state relations, highlighting the relative autonomy of union officials from workers and vice versa. In this way, it shows how, in the neoliberal phase, the Moroccan state increased inducements to the unions while decreasing those to the workers and maintaining significant constraints on workplace organising. To use a simplified formulation, the regime included the unions to exclude the workers. In such a context of low union representativeness, the dangers of reducing the working class to the trade unions emerge clearly.     

A new generation of Ethiopianists: the Universal Ethiopian Students Association and The African: Journal of African Affairs, 1937–1948

Abstract

This paper explores the obscure Universal Ethiopian Student Association (UESA) and the journal that began as their organ, The African: Journal of African Affairs (1937–1948), as an example of modern Ethiopianism. It analyzes The African for clues about what the UESA was, who was involved, who it purported to speak for and to, and the kinds of cross-metropole (and metropole-colony) networks and associations it fostered. The author asserts that unlike many similar political and student organizations of the time, the UESA represents a new generation of Ethiopianists: African nationalists in the traditional sense, committed to the nascent decolonization and pan-african political movements of the era. They also supported Ethiopia and Haile Selassie I at almost all costs, championing both the nationalist and imperialist nature of the modern Ethiopian state in the name of preserving its political sovereignty and role as a leader in Africa and the black world.     

Understanding China’s ‘Belt and Road Initiative’: beyond ‘grand strategy’ to a state transformation analysis

Abstract

China’s massive ‘Belt and Road Initiative’ (BRI) – designed to build infrastructure and coordinate policymaking across Eurasia and eastern Africa – is widely seen as a clearly-defined, top-down ‘grand strategy’, reflecting Beijing’s growing ambition to reshape, or even dominate, regional and international order. This article argues that this view is mistaken. Foregrounding transformations in the Chinese party-state that shape China’s foreign policy-making, it shows that, rather than being a coherent, geopolitically-driven grand strategy, BRI is an extremely loose, indeterminate scheme, driven primarily by competing domestic interests, particularly state capitalist interests, whose struggle for power and resources are already shaping BRI’s design and implementation. This will generate outcomes that often diverge from top leaders’ intentions and may even undermine key foreign policy goals.     

Why wait for the state? Using the CFS Tenure Guidelines to recalibrate political-legal struggles for democratic land control

Abstract

In 2012, with the adoption of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (or TGs), the UN Committee on World Food Security (CFS) established a new international standard on natural resource governance. After adoption, the challenge is for these guidelines to be implemented and used. However, no law is self-interpreting or self-implementing, and so how states will interpret and implement these new guidelines cannot be taken for granted. This is especially true in the current global context of land grabbing driven, in many cases, by alliances of state and capital. Consequently, subaltern people, for whom rights in relation to the natural resources on which they depend remain out of reach, face the challenge and potential opportunity of making use of the TGs to recalibrate the political-legal terrain in favour of human rights and democratic control of land and other natural resources.     

The legitimacy of Dutch do-it-yourself initiatives in Kwale County,Kenya

Abstract

Established development organisations face a long-standing legitimacy crisis for not living up to the expectations once set. Meanwhile, thousands of small-scale, voluntary development organisations – referred to as Private Development Initiatives (PDIs) – have joined the field of international development. In this article, I examine the legitimacy of their acts from a local government perspective based on an analysis of four dimensions of legitimacy: regulatory, pragmatic, normative and cognitive legitimacy. The study took place in May 2017 in the Kenyan coastal county of Kwale. A range of government officials were interviewed on how they perceive the interventions of international development organisations in general, and Dutch PDIs in particular, and on their cooperation with these development actors. The study shows that, although many of these PDIs operate in areas that fall under the responsibility of the local government, most of them have a rather limited cooperation with the local government, putting their legitimacy in the eyes of local government officials at stake.     

Righting the Resource Curse: Institutional Politics and State Capabilities in Edo State,Nigeria

Abstract

The poor record of liberal reforms sponsored by the international community in postcolonial settings underscores the real politik of institutional change. What we call a ‘new normal’ in development policy and practice foregrounds the role of agency – leadership, networks of connectors and convenors, entrepreneurs and activists – but it has less to say about the political and economic conditions of possibility in which agents operate. The putative powers of agency seem most challenged in contexts of extreme resource dependency and the resource curse. The particular case of Edo, a state in the oil rich Niger delta region of Nigeria, illustrates the intersection of agency and structural conditions to show how ‘asymmetric capabilities’ can emerge to create, constrain and make possible particular reform options.     

Al Qaeda as a Dune Organization: Toward a Typology of Islamic Terrorist Organizations

Al Qaeda and its affiliated groups offer the analyst a highly complex challenge. The current literature classifies Islamic terrorist organizations as either networked or hierarchical. Yet, this classification fails to account for the appearance on the international stage of a new type of global terrorism. Most notably, it does not capture the structure and mode of operation of Al Qaeda as it emerged after the 2001 U.S.-led assault on Afghanistan. This article therefore introduces a new conceptthe Dune organizationthat is distinct from other organizational modes of thinking. This conceptualization leads to a new typology of Islamic terrorist organizations. This typology concentrates on organizational behavior patterns and provides a framework for a comparative analysis of terrorist movements, which is applied to a study of Al Qaeda, Hizballah, Hamas, and the Palestinian Islamic Jihad.     

The United Nations convention against the taking of hostages: The inside story

Abstract

This article briefly outlines the four‐year negotiating process from early 1976 to late 1979, which it was necessary to follow before agreement could be reached and the United Nations General Assembly adopted, by consensus, an international treaty designed to make the act of hostage‐taking a universal crime. The treaty requires that a ratifying state prosecute an international hostage‐taker found within its borders or hand over the hostage‐taker to another state for prosecution. It fills existing gaps in international law by abolishing existing “safe havens” for hostage‐takers. The article focuses in particular on the third and final three‐week meeting of the thirty‐five‐nation Ad Hoc Committee established by the United Nations to carry out this task and shows how agreement was finally achieved.     

International tutelage and domestic political will: Building a new civilian police force in El Salvador

Under peace accords signed in January of 1992, a new civilian police force replaced the military as the sole agency responsible for providing internal security in El Salvador. This new institution has the potential to substantially transform the relationship of citizen and state, to improve both human rights and public safety, and, eventually, to reduce tensions in civil-military relations. Despite extensive international participation in and verification of this project, however, implementation proved difficult. Political polarization and lack of political will on the part of the government initially undercut the civilian character of the project, while the international community proved unable or unwilling to provide sufficient material assistance. Significant improvements took place under a new presidential administration, which had greater will to implement the project as designed. William Stanley is assistant professor of political science at the University of New Mexico, where he teaches international and Latin American politics. His research focuses on how domestic and international political forces interact with the institutional characteristics of military and police agencies to affect the frequency of human rights violations. His bookElite Politics, State Violence, and Civil War in El Salvador is forthcoming from Temple University Press. He has published various articles on human rights, migration and refugee affairs, and on the role of the United Nations in post-conflict peace consolidation in Central America.     

BOOK SYMPOSIUM

The processes of peace-building and democratization in Bosnia and Herzegovina (BiH) were instituted on 14 December 1995 by the Dayton Accords, which brought an end to the Bosnian War. While claiming their objectives to be reconciliation, democracy, and ethnic pluralism, the accords inscribed in law the ethnic partition between Bosnian Serbs, Croats, and Muslims by granting rights to “people” based on their identification as “ethnic collectivities.” This powerful tension at the heart of “democratization” efforts has been central to what has transpired over the past 16 years. My account uses ethnographic methods and anthropological analysis to document how the ethnic emphasis of the local nationalist projects and international integration policies is working in practice to flatten the multilayered discourses of nationhood in BiH. As a result of these processes, long-standing notions of trans-ethnic nationhood in BiH lost their political visibility and potency. In this article I explore how trans-ethnic narod or nation(hood) – as a space of popular politics, cultural interconnectedness, morality, political critique, and economic victimhood – still lingers in the memories and practices of ordinary Bosnians and Herzegovinians, thus powerfully informing their political subjectivities.     

Access to What? Legal Agency and Access to Justice for Indigenous Peoples in Latin America

Abstract

In this paper I issue a call for a primary focus on expanding and strengthening alternative, community-based justice systems, as a strategy for securing the full benefits of legal agency to indigenous and other culturally distinct groups. I do so because what lies within the formal justice system – the very system to which so many well-meaning programmes promise access – is, for these groups and their members, often partial justice at best. Efforts to increase the space governed by autochthonous justice are more likely to produce true legal agency for both the communities and their members, although they raise important issues for included subgroups, such as women or culturally nonconforming groups. Somewhat paradoxically, indigenous groups’ engagement with the very apex of formal systems, through constitutional litigation, has been one avenue for increasing that space, thus reflecting the exercise of collective legal agency in the pursuit of collective and individual legal agency.     

Reasons for EU double standards: comparative overview of the cases of the Erased and the Non-citizens

On the basis of a comparative analysis of the case studies of the Slovenian Erased and the Latvian Non-citizens, the paper endeavors to identify the reasons for the EU involvement in the latter, but not the former case. These two situations are recognized as similar enough to be compared, and endure the counter-argumentation that the different EU approach is conditioned by the specifics of the local context, not by double standards. Hence, the paper comes to a conclusion that the involvement in Latvia has been conditioned by the fear of the potentially violent conflict, the existence of a proactive kin state, and a minority, significant in number, as well as the explicitly discriminatory legal framework that was in collision with the EU economic acquis. Thus, it has been inferred that double standards occur due to the lack of EU and international interest in these situations of human rights violations, where the powerful kin state and the minority, significant in number, are absent, do not have a potential to develop into a violent conflict, do not derive from explicitly discriminatory legal provision, and do not challenge the fundamental market freedoms of the EU.