The universality of human rights: A Canadian perspective

In the following speech, delivered at the Atlantic Human Rights Centre, St. Thomas University, Fredericton, New Brunswick, on 20 March 1998, Canadian Senator Donald Oliver urges the international community to commit itself to the universality of human rights. In an increasingly interdependent world, he says, nations will no longer be afforded the luxury of merely judging themselves. Their actions and progress in matters of human rights will be judged by the court of international public opinion, nongovernment organizations, and those standards that we have come to regard as representing the norms of civilized behavior. It is no longer possible to speak of world order without taking into account the protection of human rights and the remedy of human wrongs.     

Sexual minorities, human rights and public health strategies in Africa

Remarkable progress has been made towards the recognition of sexual minority rights in Africa. At the same time, a marked increase in attacks, rhetorical abuse, and restrictive legislation against sexual minorities or ‘homosexuality’ makes activism for sexual rights a risky endeavour in many African countries. Campaigns for sexual rights and ‘coming out’ are frequently perceived as a form of Western cultural imperialism, leading to an exportation of Western gay identities and provoking a patriotic defensiveness. Cultures of quiet acceptance of same-sex relationships or secretive bisexuality are meanwhile also problematic given the high rate of HIV prevalence on much of the continent. This article examines specific initiatives that are using subtle, somewhat covert means to negotiate a path between rights activism and secretive bisexuality. It argues that strategies primarily focused on health concerns that simultaneously yet discreetly promote sexual rights are having some success in challenging prevalent homophobic or ‘silencing’ cultures and discourses.     

HIV/AIDS: Developing a national strategy with a human rights approach

Currently, HIV/AIDS is Africa s most compelling challenge, owing in part to the initial lack of government commitment to deal with the epidemic. Responses should take into account the impact of HIV/AIDS on various sectors, as well as the role those sectors should play in supporting a national AIDS plan. Governments should develop national AIDS plans in consultation with non‐governmental organisations, civil society and people living with HIV/AIDS. Supported by all levels of government, such plans should use human rights concerns as the basis of their approach. This approach will take into account the reform of existing legislation, as well as the promotion of a supportive environment for both people living with HIV/AIDS and groups particularly vulnerable to infection.     

The domestic application of international human rights conventions in Saudi Arabia and the need to ratify conventions on migrant workers

This article examines the application of international human rights conventions in Saudi legislation where Sharia is the main source of law. Saudi laws often adopt the dualistic approach and its international human rights obligations must be in agreement with the Sharia. This paper further intends to explore the Kingdom of Saudi Arabia's (KSA) position on reservations and ratifications of international human rights conventions generally and in the context of migrant workers’ rights particularly. Since the KSA has not ratified any convention related to migrant worker protection, it is essential to examine the role of national human rights organisations in implementing and promoting human rights in the KSA and the article explores the significant efforts made by these organisations to implement and protect the rights of migrant workers in the country. It argues that the KSA has ratified a number of human rights conventions such as the International Convention on the Elimination of All Forms of Racial Discrimination; however, it has failed to comply with its provisions. It is suggested that non-discrimination provisions of some of these conventions may be used to advance migrants’ rights in the country.     

Roadside corpses in Nigeria: social anonymity,public morality,and (in)dignity of the human body

In Nigeria, it is quite common to see human corpses decomposing by the roadside. Existing scholarly comments have emphasised the aspect of state failure implicated in the phenomenon. However, based on observation, analysis of media reports, and informal discussions, this paper identifies some of the cultural factors that deny roadside corpses the basic honour of burial. Firstly, corpses that decay by the roadside are usually disconnected from the network of kin relations, thereby provoking meaning about space and social signification of the human body. Secondly, the low social status often ascribed to these corpses points towards an idea of the human body as a possible site for enactment of social inequality. Thirdly, public indifference to roadside corpses is explained in terms of contrasting public moralities, neoliberal ideals of self-contained individual, a resentment of the police intertwined with a complicated criminal justice system, and a cultural attitude towards strange entities.     

From Cape to Kampala

The following address was given at a joint meeting of the RoyalAfrican Society and the Royal Empire Society on April 28, 1955Lt-Col. Sir Stewart Symes, G.B.E., K.C.M.G., D.S.O. took thechair.     

从布什主义到新帝国主义

布什政府以“失败国家论”为舆论幌子 ,推行单边主义 ,崇尚武力政策 ,出台安全新战略 ,退出反导条约 ,追求美国本土的“绝对安全”,无限制扩大反恐战争 ,表明“新帝国主义”论已经成为布什政府的外交政策实践     

Good governance as a precondition for subsidiarity: human rights litigation in Nigeria and ECOWAS

ABSTRACT

Similar to the European Union, the Economic Community of West African States (ECOWAS) evolved gradually from little more than a customs union to a supranational organisation with sophisticated governance arrangements. As a consequence, subsidiarity has become an inevitable adjustment mechanism to align individual member state policies with objectives of the Community as a whole. In particular, since the inclusion of a protocol on good governance and democracy in 2001 an increasing number of policy areas require a delineation of competencies between state and Community organs. Moreover, the ECOWAS Community Court of Justice confines itself to the vertical application of human rights law and does not accept human rights claims against private persons since the extension of its mandate in 2005. Many cases involving the Federal Republic of Nigeria illustrate well a double procedural effect of the principle of subsidiarity in the human rights litigation within the ECOWAS legal order.     

Japan's rights in Manchuria

The Chinese ‐ a Study of a Hong Kong Community. By Cornelius Osgood. University of Arizona Press, Tucson, Arizona, 1976 (3 vols.). Pp. 1264. Preface. Appendix. Illus‐. Index. $45.00.

The Government and Politics of Hong Kong. By N. J. Miners. Oxford University Press (East Asian Social Science Monographs), Hong Kong 1975; New York, Melbourne, London, 1976. Pp. xiv+288. Appendices, Bibliog. Index. £8.50 (£5.95 paperback).

Chinese Labour under British Rule. By Joe England and John Rear. Oxford University Press (East Asian Social Science Monographs) Hong Kong, 1975; New York, Melbourne, London, 1976. Pp. xvi+368. Appendices. Index. £10.00 (£7.50 paperback).     

Discourse rights and the Drumcree marches: a reply to O'Neill

In a recent BJPIR article Shane O'Neill uses Habermas' discourse theory of rights to argue that the conflicts over marches in Drumcree can be resolved rationally in the nationalist residents' favour. I question this conclusion via a critique of Habermas' theory. Habermas' apparently unexceptionable requirement that political outcomes win universal acceptability is bought at the cost of vagueness: it fails to specify how acceptability is secured, or how the requirement itself is derived. So it cannot justify the exceptions to equal civil rights which O'Neill wants, such as exceptions to rights of freedom of expression or movement. Unionists can claim that their position respects Habermas' universal acceptability requirement. This exposes the limitations of attempts to impose abstract principles such as Habermas' on real political conflicts. A possible alternative to this is a form of Schmittian decisionism, in which rules either prove indeterminate, or are confronted with exceptional cases that call for executive intervention outside the framework of rules. Sensitivity to political context requires not derogations from rights, but respect for the autonomy of political processes.     

The Israeli collective memory and the Masada Syndrome: a political instrument to counter the EU funding of Israeli non-governmental human rights organizations

The EU’s practice of funding Israeli non-governmental human rights organizations (hereinafter ‘HRNGOs’) has in recent years encountered a counter-strategy, pursued by certain Israeli NGOs and members of the Israeli government, media and academia. This counter-strategy has succeeded in discrediting the HRNGOs and the EU and rendering their mutual collaboration less effective. The purpose of this article is to contextualize the counter-strategy within the sphere of Israel’s collective memory. The article analyses the manner in which certain politicians and various members of the Israeli society (agents of memory), who themselves are the product of the evolving Israeli collective memory and identity (structure), attempt to draw on Israel’s collective memory/structure in order to advance their particular political agenda.     

The Egyptian human rights movement and the 2011 Revolution: the implications of a missed opportunity

ABSTRACT

The 2011 uprising that led to the overthrow of Mubarak was perceived as an expression of the awakening of civil society in the face of authoritarian rule, leading to a re-examination of its role as an agent for democratic change. Nevertheless, the re-entrenchment of authoritarianism confirmed prior critical discussions regarding civil society limitations. This paper focuses on the role of the human rights movement during the revolution and its aftermath and reveals the activists’ reflections on its failure. The discussion refers to the limitations of human rights organizations but also exposes the possibilities created by the revolution and the impact of the ‘new civic activism’, which extricated human rights activism from the enclaves of the professional organizations. This analysis requires us to reconsider the definitions of civil society, which focus on formal organizations, and view it as a space in which various actors, including fluid and horizontal forms of activism, engage through contention and cooperation. Such an analysis drew our attention to the activists themselves and exposes the variety of actors working for reform, their various interpretations of the anti-democratic reality, and their potential to establish an anti-hegemonic narrative.