‘The camp’ and ‘the lesser evil’: humanitarianism in Sri Lanka

This article examines the 2009 humanitarian disaster in Sri Lanka through fieldwork conducted at the time and through theoretical lenses supplied by Arendt, Foucault and Agamben. The article suggests that this catastrophe represents a salutary example of the consequences of promoting a ‘lesser evil’ in the context of a government-fuelled human rights disaster. In line with Arendt's critique of the ‘lesser evil’, the case illustrates the limits to prioritising compromise, quietude and ‘access’. At the same time, while ‘democracy’ and ‘terror’ have frequently been posed as opposites, this tragedy shows how democratic forces, nationally and even internationally, can embrace something that approximates to Agamben's ‘camp’, a state of emergency in which entire groups of people lose their rights and can, at the extreme, be killed with impunity. Meanwhile, a pervasive official language of ‘care’ and ‘humanitarianism’ (corresponding to Foucault's politics of ‘life’) not only proved entirely consistent with ethnic cleansing and the large-scale killing of civilians; it also actively assisted in this endeavour by creating a smokescreen behind which massacres could be carried out.     

Children's rights in a risk society: the case of schooling in Japan

The purpose of this paper is to examine the ongoing discourse on children's rights and related attitudes towards individualisation and risk in contemporary Japan's education system. The paper is also interested in how this discourse is translated into concrete change. The concepts of ‘children's rights’ and ‘risk society’ both have their origins in Western conceptions of the relationship between the individual and society, and the place of children and young people in that society. This paper explores the way that these concepts have been transformed by their adoption into domestic Japanese discourse on education reform. After a discussion of how the classical liberal concepts of positive and negative human rights can be applied to the specific case of children's rights, the discussion moves on to show how this debate has developed in Japan since the 1980s. Then the paradigm of the ‘Risk Society’ is introduced and the concepts of ‘positive risks’ and ‘negative risks’ are explored, first with reference to schooling in Western countries and then in relation to Japan. Finally, the relationship between risk, rights and neoliberalism is discussed, and it is shown how Western notions of individualisation have met strong resistance from various actors on both sides of the political spectrum. In the case of the Japanese education system, the shift of responsibility from state bureaucracies to individuals and private-sector organisations that is predicted by Risk Society theory has only partially taken place.     

The Eu's Response to 9/11: A Case Study of Institutional Roles and Policy Processes with Special Reference to Issues of Accountability and Human Rights

ABSTRACT

The challenges of 9/11 required a wide ranging response across all three of the broad divisions of EU policymaking competence: the economic and monetary union, common foreign and security policy and internal security. These policy divisions make up the ‘three pillars’ of the EU's political architecture. This article reviews general issues of accountability and human rights protection in the EU's policymaking and implementation process, the evolution of the EU's response to terrorism, and the general response to 9/11. It then considers, in detail, the implications of the various response measures adopted under each ‘pillar’. The article demonstrates the emphasis that the Member States have placed on security measures and the wider concerns that their content and speed of adoption left little scope for other views to be heard. The article lays stress upon the fact that the effectiveness of the response measures are crucially dependent on the variable implementation capacity of the Member States. The article concludes by noting how the 2004 EU Constitution [Article I-42] requires Member States to ‘…?act jointly in a spirit of solidarity if a Member State is a victim of a terrorist attack….’     

Security sector reform,gender and local narratives in Burundi

This paper maps the difficulties with operationalising the gender discourse described in the peace accord and post-conflict documents, which guide Burundi's peace-building process, through local women's narratives from the security forces. The author claims that due to limited international and local investment, the local women involved in the security forces initiate small practical changes by referring to their vision of femininity, while theoretically legitimising these demands by linking them to the international human rights discourse in order to survive in an overwhelmingly masculine arena. International organisations and donors’ focus on traditionally feminine and softer areas, such as reconciliation and reintegration programmes, together with local elites’ tendency to view gender as an ‘add-on’ contribute to this development.     

Defending the Nation: The Role of Nationalism in Chinese Thinking on Human Rights

This article examines the symbiotic relationship between Chinese thinking on human rights and Chinese nationalism. It analyses the three key periods in the Chinese discourse on human rights: late Qing, Republican, and post-Mao. In each case, discussions of rights have often (but not always) taken place within a wider debate about the protection of China's national interests from foreign infringement, although the nature of the foreign infringement has changed over time. During the late Qing debate, with China increasingly threatened by foreign military imperialism, scholars argued enthusiastically for the introduction of a new system of democratic rights as a vital tool of national resistance. During the Republican era that followed, the threat from outside remained the same. However by now many theorists had grown disillusioned with democracy and rights, believing that the only way China could withstand further foreign encroachments was to withhold rights from its people. In the post-Mao debate on rights, the interests of the nation are again at the fore. But with China now an emerging rather than a collapsing power, rights are often analysed – at least from an official perspective – within the context of cultural rather than military imperialism, the new ‘threat’ from abroad. The article then examines the views of China's ‘non-official’ rights thinkers, most of whom tend to be much less affected by nationalist concerns and ends with an assessment of the prospects for democracy and rights in China.     

Negotiating the politics of gender and rights: Some reflections on the status of women's human rights at ‘Beijing Plus Ten’

This article undertakes a review of the development of the women's human rights project, focusing particularly on violence against women and issues of sexuality and reproductive rights. It notes gains by activists in promoting the women's human rights agenda and highlights the continuing impediments to the project from increasingly influential groups and some United Nations member states opposed to women's human rights. A more general problem is a lack of political will from those member states ostensibly committed to the cause who have often failed to translate this ‘commitment’ into effective action. It concludes that, as we approach the tenth anniversary of the ‘Conference of Commitments’, the implementation of initiatives has often been slow and somewhat ineffective. Governments have mastered the rhetoric of respect for women's human rights, yet the full realisation of women's human rights across the world remains elusive.     

Toward the Year 2000

To adapt and renew today's fraying international order, the West must partner more closely with democratic rising powers that remain ambivalent about existing international arrangements. There are four such ‘global swing states’: Brazil, India, Indonesia and Turkey. An effective engagement strategy will need to adjust the order's main pillars to enhance their appeal without transforming the fundamental character of the system in the process. It will need to influence what global swing states want through outreach to publics and private sectors. And it will need to make the case that all four can best manage China's rise by strengthening international rules of the road. If the West can enlarge the circle of countries that uphold the global order to include these rising democracies, the system that has long safeguarded international security and prosperity and promoted human rights will be able to endure.     

Not quite the ‘Great Britain of the Far East’: Japan's security,the US–Japan alliance and the ‘war on terror’ in East Asia

Japan, in responding to US expectations for support in the ‘war on terror’, has displayed a degree of strategic convergence on global security objectives, thus prompting policy-makers and observers to dub it the ‘Great Britain of the Far East’. This article argues, however, that Japan is far from assuming this role. For Japan, the ‘war on terror’ serves more as a political pretext for legitimating long-planned changes in military security policy that are often only marginally related to the US's anti-terrorism agenda. Instead, Japan has focused much more on using the terror threat rationale as a means to push forward its response to the regional and traditional security challenges of North Korea and China, even if at times it attempts to depict both as ‘new security challenges’ or as involving elements of counterterrorism. The final conclusion is that US military hegemony may be weakened by Japan's and the Asia-Pacific's potential divergence from the US global security agenda.     

Collective Security and Human Rights: How the United Nations' Institutional Design Corrupted Complementary Purposes

That human rights should be viewed as a complementary aim to the international pursuit of collective security was an intention of the drafters of the Charter and the subsequent Universal Declaration and they were correct to stress that functional relationship which exists between the domestic observation of human rights and the achievement of lasting peace and security internationally. Yet, in spite of the United Nations' assertion of the complementary nature of the purposes of collective security and human rights, this essay argues that if we survey the inception of the United Nations Organisation then it will become clear that the organisation was from the onset institutionally impaired in regard to effective human rights proliferation and enforcement. Indeed, the organisation's particular approach to collective security was designed intentionally so as to render any hopes for the effective observation and enforcement of human rights nugatory.     

Towards a policy framework for the empowerment of social movements

As they move from responding to needs and demands to a more rights-based approach, some French NGOs are rethinking both their areas of work and their ways of working. ‘Empowerment’ has become a key concept in this changing context, although it is sometimes difficult to know how best to apply it and understand what it really means in an NGO setting. This article shares some thinking on empowerment, analysing its ‘object’ (individuals, organisations, networks, or movements) and the ‘process’ through which it is realised. Drawing on the author's own experience and on a brief literature review, it is illustrated by the examples of the international disability and US gay rights movements.     

How communist is North Korea? From the birth to the death of Marxist ideas of human rights

This article focuses on the Marxist characteristics of North Korea in its interpretation of human rights. The author's main argument is that many Marxist features pre-existed in Korea. Complying with Marxist orthodoxy, North Korea is fundamentally hostile to the notion of human rights in capitalist society, which existed in the pre-modern Donghak (Eastern Learning) ideology. Rights are strictly contingent upon one's class status in North Korea. However, the peasants' rebellion in pre-modern Korea was based on class consciousness against the ruling class. The supremacy of collective interests sees individual claims for human rights as selfish egoism, which was prevalent in Confucian ethics. The prioritization of subsistence rights and material welfare over civil and political rights was also the foremost important duty of the benevolent Confucian king. Finally, unlike Marx's reluctant use of the language of ‘duties’, rights are the offspring of citizens' duties in North Korean human rights discourse.     

From self-reliant churches to self-governing communities: comparing the indigenization of Christianity and democracy in sub-Saharan Africa

Christian missionaries, especially from Anglo-American Protestant denominations, have been remarkably successful in their effort to plant ‘self-propagating, self-supporting, self-governing’ churches throughout the world and especially in sub-Saharan Africa. Today's international non-governmental organizations and inter-governmental organizations engaged in development, humanitarian assistance, peace-building and human rights resemble ‘secular missionaries’ spreading their gospel of democracy, good governance, peace, justice and sustainable development. This article investigates the extent to which today's secular missionaries might learn from the indigenization of Christianity in sub-Saharan Africa. I conclude that an essential ingredient in the missionary strategy of evangelization is conspicuously absent in contemporary programmes of development, democratization, or peace-building. In particular, the extensive efforts devoted by Protestant missionaries to the translation of their Biblical message into local languages and symbolic repertoires bear little resemblance to efforts to transplant Western ideals of universal human rights or the institutional templates of democratic governance first developed in the United States and Western Europe.     

Public and private: change and continuity in economy through two meta-fields in society

The current literature on comparative political economy does not seem to consider unifying under a single theoretical framework the analysis of continuity and change in different economic systems. On the one hand, major comparative works derive their theoretical propositions from dynamics in the Western world. On the other, studies that are focused on national trajectories of development are concentrated in cross-national comparisons involving countries with similar characteristics in what concerns strategies of development. In this paper, I argue that all fields in the world of social action are pervaded by two major fields, hereby dubbed ‘meta-fields’: public and private. Both are in a ‘double movement’ to shape each other's boundaries through the definition of social and property rights that regulate access to human capabilities and capital. Public and private are meta-fields because they constrain human action and the organization of social configurations on state and non-state levels.     

Overcoming ‘Gnosticism’? Realism as political theology

This paper takes issue with approaches that relate realist political theology exclusively back to its Schmittian and neo-orthodox roots. While not entirely denying those influences, it argues that realist thought is more accurately described as rooted in the tensions characterizing Augustine's anti-heretic diatribes rather than taking inspiration from Schmittian political theology or the ‘Gnostic’ tendencies in Protestant neo-orthodox theology. Augustine's refutation of both the Manichaean Gnostic and the Pelagian solutions to the problem of evil gave rise to a complex understanding of the relationship between human free will and original sin based on a combination of ontological monism and ethical dualism. Building on this heritage, realists can be read as rehearsing Augustine's ambiguous gesture of overcoming Gnosticism with equally uncertain success. In responding to the modern ‘Gnostic’ challenge in terms that recognized the dialectical tension between ontological monism and ethical dualism, realists such as Morgenthau and Niebuhr should rather be seen as direct heirs of Augustine's ambivalent orthodoxy rather than Schmitt's unorthodox, semi-‘Gnostic’ Catholicism. This intellectual legacy may, then, explain their abhorrence of purist positions in politics—be they quietism, pacifism or, their opposite, political messianism—and adherence to an anti-‘Gnostic’ pragmatism grounded in the tensions of Augustinian theology.     

Superficial,not Substantial: The Ambiguity of Public Support for Europe's Security and Defence Policy

Abstract

Surveys such as the European Commission's Eurobarometer regularly reveal high levels of public support for European Security and Defence Policy (ESDP). This paper argues, however, that public support for ESDP is only superficial, not substantial. First, there is no homogeneous ‘European’ public support for ESDP. Second, security and defence, as covered by ESDP with its focus on global crisis-management, rank very low among Europeans’ priorities. Third, Europeans are very sceptical about the appropriateness of military means, and hence a core element of ESDP, as a legitimate instrument in international affairs. These reservations are likely to have constraining effects on ESDP's future development. At the same time, there are compelling reasons for the further development of ESDP. Therefore, Europe's political elites should initiate a public diplomacy campaign inside the EU in which the case for Europe's further evolution as a strategic security and defence actor is made. ESDP operations are the most promising starting points as they illustrate both the normative and the ‘realist’ necessities of European engagement in global security affairs.     

Security,subjectivity and space in postcolonial Europe: Muslims in the diaspora

Abstract

In this article, we call into question the assumptions that undergird conceptions of boundary, territory, community and ethno-cultural belonging in the constitution of European security. Both the term ‘human security’ as defined by development and human rights scholars and ‘securitisation’ as conceptualised by critical security studies concern the socio-psychological aspects of security. Yet, few attempts have been made to seriously discuss the psychological effects of securitisation on subjectivity and space. There is, as we will argue, a tendency in much literature to use concepts of ‘existential security’, ‘fear’, ‘needs’ and the ‘politics of belonging’ – obviously connected to the human mind and individual emotionality – without much space being devoted to the investigation of these concepts in terms of socio-psychological processes. We intend to fill this gap by discussing security and securitisation in terms of the psychology of subjectivity and space among young Muslims in Europe. Our principal argument is that through openness to the political psychology of subjectivity and space, and the (de)securitisation of both, we are able to develop more adequate maps of the European experience of danger and opportunity.     

Rights vs. Effectiveness? The Autonomy Thesis in EU Internal Security Cooperation1

Abstract

In the EU's internal security policy-making, parliamentary power remains—de jure and de facto—patchy. This situation has been (unofficially) justified by reference to the idea that the liberal constraints on executive power typically introduced by parliaments mark an irresponsible challenge to the effectiveness of policy. This essay tests this apologia, examining three cases where the retention of liberal values would actually be conducive to effectiveness: the EU-US ‘Passenger Name Register Agreement’, the elaboration of common data protection standards and the ‘Returns Directive’ on the expulsion of illegal immigrants. It suggests that the posited ‘rights/effectiveness’ incompatibility in fact masks a search for autonomy by executive participants.     

Democracy's Quality and Breakdown: New Lessons from Thailand

In what may amount to a new phase in the study of democratization, assessments of democracy's quality have become quite common. This article attempts to assess democracy's quality in Thailand under the recent Thai Rak Thai government. It begins by enumerating some of the conceptual difficulties that bedevil these measuring exercises. The account makes use of a ‘sequenced’ framework involving electoral mandates, policy responsiveness, and accountability. Analysis reveals a ‘mixed’ record under Thai Rak Thai, one in which the government's strong mandates and high levels of responsiveness were offset by executive abuses, corrupt practices, limits on civil liberties, and gross violations of human rights, behaviours in which many elites and mass-level constituents acquiesced. It shows also, however, that when these elites and constituents sought later to impose accountability, they resorted to direct action, further eroding the quality of democracy. Thus, the article demonstrates too that democracy's quality can be diminished in ways that, far from placating rival elites, so inflame tensions that it can finally break down.     

The impact of preferential trade agreements on governmental repression revisited

Previous research suggests that most treaties are ineffective in ensuring countries’ compliance with human rights standards. It has been argued, however, that preferential trade agreements (PTAs) including ‘hard’ human rights standards can withhold economic benefits and, thus, can have a real potential to substantially reduce human rights violations. The following article questions this as existent work on the effects of PTAs on human rights standards neglects a selection process underlying the implementation of these treaties. Countries being aware of the ‘shadow of the future’ already take into account what may happen at the succeeding enforcement stage when establishing a particular PTA. This implies that states agree on ‘hard’ human rights standards in PTAs only if they have a general propensity to abide by human rights in the first place. For testing the empirical implications of their argument, the authors collected new data on PTAs in 1976/77-2009, and employ genetic matching techniques. The results support the theoretical argument that PTAs are unlikely to affect human rights compliance when controlling for the outlined selection problem.     

Corporate security practices and human rights in West Papua

This article explores the intersections between large extractive companies, security governance and human rights. It contributes to understandings of how extractive companies can influence human rights protection in their areas of operation. Drawing on a case study of West Papua, the article argues that extractive companies have important opportunities to promote human rights through their security practices. However the power of extractive companies to determine human rights outcomes is limited by a variety of factors. Examples include: state narratives of nation-building, the financial interests of security personnel and the history of the company's involvement in the area.