Rejecting “rights-based approaches” to development: Alternative engagements with human rights

Following the growth of “rights-based approaches,” an increasing trend within recent research has been to establish the diverse opportunities, challenges, and potential pitfalls such approaches offer development NGOs. Although these areas remain important to current policy and practice, they equally stifle further research that is required concerning alternative engagements with human rights. This article argues that closer attention must be directed towards understanding how and why numerous development NGOs have rejected such approaches, whilst also embedding a strong and strategic use of “rights talk” within everyday campaign practice. This article draws upon recent qualitative research into practitioner responses to “rights-based” and wider human rights practice and, in so doing, enlists an in-depth analysis of two distinct subcategories of development NGOs — “faith-based” and “political.” The article proposes two current “perspectives” on human rights practice and a new and alternative engagement with a discourse of rights.     

Human Rights Politics and Injustice: Transitional Justice in Argentina and South Africa

Transitional justice is about the recovery of the rule of lawand justice after mass violence. In the recent history of Argentinaand South Africa, human rights politics have played an importantrole in the transition from repression to democracy as a discourseof resistance to state repression and as a framework and methodologyfor the successor state to manage demands for justice and promotereconciliation. Post-transition, they have provided a standardfor the accountability of state institutions and evaluationof the democratic government's performance. In this article,we explore the roles of victims, survivors and relatives inthe expansion of human rights politics. We argue that victimsrepresent their suffering as embodied injustice and make theirvictim identity the focus of efforts to recover a moral contractbetween state and citizens. The expansion of human rights politicsto include social and economic rights is an expression of thelimits of transitional justice in recovering full citizenshipin the context of the neo-liberal democratic project in Argentinaand South Africa.     

Internet access as citizen's right? Citizenship in the digital age

Discourses about Internet and rights generate ideological, economic, and policy debates that bring to prominence the question of citizenship in today's digital age. But what does Internet access as a citizen's right imply? What are the pragmatic meanings of the intersection of citizenship, rights, and technology access? Specifically, what does citizens' right to technology mean for African states? This paper examines citizenship, rights, and Internet in South Africa, and attempts to move the discourse beyond philosophical rhetoric to practical policy interpretations. To do this, the study examines interpretations and reactions of policy-makers to the idea of Internet access as a citizen's right, and through a survey explores the views of many youth on this subject. Findings reveal strong opinions about rights and technology access in South Africa. For policy-makers, the reality of the socioeconomic challenges of Africa humbles an egalitarian aspiration of rights and Internet access.     

The death of scientific knowledge in [South] Africa: An Afrocentric response to M. P. Sebola

On the basis of the Afrocentric perspective, this article uses South Africa as a test case to critique Mokoko Piet Sebola's piece titled “Peer review, scholarship and editors of scientific publications: the death of scientific knowledge in Africa,” which appeared in Koers ‐ Bulletin for Christian Scholarship, Volume 83 (1): 1–13. I argue that Sebola's piece provides a partial guide to understanding the state of the knowledge industry in Africa, particularly in South Africa. Safe to say that Sebola's work deepens scholarly and public discourse on the politics of scholarship in Africa and the world at large. However, I do not intend to blatantly praise Sebola's contribution to this academic area, which remains under researched due to the reasons that are beyond the scope of this article. In particular, the current article aspires to identify scholarly weaknesses in Sebola's work with a view to correcting them by offering an alternative view. This correction deserves the attention of all scholars and practitioners especially because it is interdisciplinary in nature, and it is poised to undo the misinformation disseminated in Sebola's piece. Such misinformation has a potential to overshadow the few truths advanced in his article. Methodologically, this article is based on document review, conversations, and interdisciplinary discourse analysis in its broadest form.     

Towards a right-to-development governance in Africa

In this article, I provide the rationale for conceptualizing a rights-based development model for Africa, necessitated by the conviction to seek African solutions to African problems. For the first time since independence, Africa has formulated a consolidated roadmap for development named “Agenda 2063,” which looks promising and attainable but leaves unanswered questions relating to the right to development enshrined in the African Charter and ancillary treaty instruments. In retrospect, I illustrate how the right to development originated and has evolved in Africa, potentially setting the pace for development and human rights protection but has not yet recorded significant impact. I contend that Africa's development future is attainable only through a self-reliant consciousness, not by letting the development agenda be shaped by imported paradigms. I justify why and how this is achievable by advancing arguments in favor of right-to-development governance as a homegrown model for development in Africa.     

Splitting the difference: Partnering with non-governmental organizations to manage HIV/AIDS epidemics in Australia and Thailand

Conclusions Australia and Thailand have made great progress in partnering with NGOs to respond to HIV/AIDS through the protection of human rights. Unquestionably, the Australian experience is more advanced. However, it is important to note that Australia’s political institutions and traditions were able to empower and accept an NGO movement of this nature almost from the start of disease identification.Thailand did not have this advantage, having only moved toward political institutions that are open to public opinion and civil society’s input within the last 15 years. In spite of their varied histories, both countries eventually traveled down similar paths. In Australia, HIV/AIDS NGOs moved rapidly forward from being standard-setting, fact-finding, and advocacy organizations to becoming capable of creating new HIV/AIDS umbrella organizations and influencing existing governmental organizations on HIV/AIDS human rights issues. Indeed, by the close of the 1980s, NGOs had established themselves firmly in all of these roles. The fact that Australia still struggles with addressing an emerging epidemic among indigenous people is more a sign that the movement has thus far been incomplete than that it is faltering or ineffective. Additionally, now that NGOs are actively working through AFAO on behalf of indigenous peoples, it is likely that there will finally be more movement on human rights and H1V/AIDS issues for this group. However, sex tourism and the illegal trafficking of women and children for purposes of prostitution continue to require ongoing proactive management by the partnership before they become a serious epidemic threat. Thailand’s situation is somewhat different from that of Australia. The HIV/AIDS NGO community has grown since the epidemic exploded in the 1990s, but the organizations themselves continue to have limited power, While they have been an important voice in human rights standard-setting, fact-finding and advocacy regarding HIV/AIDS, they remain unable to fully influence the governmental organizations that ultimately make and implement human rights policies in these areas. As the NGO experience in general is new to Thai politics, continuing human rights abuses are a sign of the miles left to travel on this road rather than an indicator that the road needs to be abandoned. Regardless of their differing experiences with creating HIV/AIDS partnerships, it is impossible to say that either effort has failed to use this mechanism successfully to at least begin seriously addressing HIV/AIDS human rights issues. What can be said is that each partnership can be placed at a differing point on a continuum of effectiveness that ultimately concludes with a fully integrated partnership capable of fundamentally influencing a country’s HIV/AIDS human rights policies on an ongoing basis.     

The Globalization of Rights: From Citizenship to Human Rights

Globalization is shifting the balance away from membership-based citizenship towards universal human rights, thus we ask: how are new human rights generated? We argue that the movement for human rights follows on the heels of the much older and richer tradition of citizenship, as can be seen from the fact that many of the new claims put forward by human rights activists seek to define traditional citizenship rights as universal human rights. Most recently, we witness attempts by NGOs and CSOs to bring health, rights-based development, and identity rights under the umbrella of human rights. We examine the changing but continuous relationship of these two rights traditions, the gains made by human rights activists and the global solidarity and national enforcement capacity needed to underwrite their further progress.     

Self-determination as a universal human right

Conventional wisdom suggests that promoting self-determination for peoples and protecting the human rights of individuals are competing priorities. However, many recent international human rights documents include rights of peoples in their lists of basic human rights. In this paper, I defend including at least one people’s right, the right to self-determination, in the list of basic rights. Recognizing that self-determination is a constitutive element of human dignity casts state sovereignty in a different light, with interesting consequences both for international law and for philosophical debates about the rights of minorities.     

Competing paradigms in policy discourse: The case of international human rights

This article analyzes the different paradigms of human rights policy discourse that characterize non-governmental organizations (NGOs) and governments. Focusing on Canadian-based human rights NGOs and the Canadian government, it uses a five-fold classification scheme to make sense of these competing paradigms of discourse: (1) process: how actors define themselves, and how they define their roles within the international human rights machinery; (2) objectives: perceptions of the purpose of the international human rights system and goals to be pursued therein; (3) scope: the breadth of issue definition and consequent action; (4) evidence: the standards whereby empirical claims are filtered, constructed and judged; and (5) action strategies: the enduring patterns of practical action founded upon the preceding categories. The article shows that despite shared objectives and a common commitment to human rights, NGO and government discourses differ sharply and yield markedly different action strategies. Progress in international human rights will continue to depend on NGO-government collaboration, however, and the article ends with some observations on how these differences in discourse might be addressed.     

The state and civil society in transition: the role of non-governmental organizations in South Korea

This paper presents a framework of the interdependence of various sectors of society and then investigates the development and current status of the civil society sector, specifically the growth of NGOs in South Korea. Recent years have witnessed an increase in public awareness where civil societies have begun challenging states in addressing public issues. The directive state intervention following the Korean War disallowed for a strong civil society, thus restraining the development of significant non-state actors. The 1987 Democratization Movement marked an increase in the activity of NGOs and also the provision of a pathway for citizens to begin engaging in social activity. The repressive apparatus of the state has weakened allowing Korean NGOs to mature in dealing with diverse social issues in the public domain. They have extended the scope of policy-related activities to ensure an environment conducive to the enlargement of public space and the expansion of citizens’ rights. The results of this study indicate that the growth of NGOs is both the result of the demise of authoritarian regimes and further stimulus to the transition solidifying democracy. The challenges for Korean NGOs will be to ply strategic roles as partners of the state in the transitional period.     

Alternative South–South development collaboration? The role of China in the Coega Special Economic Zone in South Africa

Aid, in the form of financial aid and investment, has become increasingly prevalent in both bilateral and multilateral partnerships in the BRICS. In Africa, the Forum on China–Africa Cooperation provides the official framings for forms of development assistance to the continent, with financial forms of aid available through the New Development Bank and the China–Africa Development Bank (CADFund). This article explores how Chinese international development assistance has influenced South Africa's economic growth and development strategies and is reshaping South Africa as “gateway” to Africa and continental leader. Special economic zones (SEZs) have become a prioritised form of BRICS development collaboration particularly in terms of Chinese trade and investment expansionism into Africa through South Africa. Chinese international development assistance and foreign direct investment in South Africa in particular are very notable and have been strengthened during the Chinese official state visit prior to the Johannesburg BRICS Summit in 2018. The article critically analyses the development policy discourse on BRICS spearheading an alternative model of South–South international cooperation by examining the Coega SEZ in South Africa, hailed as the most SEZ in Africa. The article critically examines the development alternative potential of the Coega SEZ.     

Can a human rights framework improve biomedical and social scientific HIV/AIDS research for African women?

In most countries in Africa, the epidemiologic profile of HIV/AIDS is significantly different from that of the USA or Europe. Women in Africa are as likely to be HIV positive as men, while young women are significantly more likely to be HIV positive than young men. How can health research in Africa be made more responsive and relevant to women’s health needs? And how would a human rights perspective change the conduct of biomedical and social scientific research on gender and HIV/ AIDS in Africa? The application of a human rights framework to HIV/AIDS typically has focused on social justice issues employing national and international legal structures to legislate and advocate for HIV positive persons. This essay, however, offers some broad considerations of the links between the health of African women, biomedical and social scientific research, HIV/AIDS, research ethics, and the human rights movement.     

Gatekeeper persuasion and issue adoption: Amnesty International and the transnational LGBTQ network

Network theory is a valuable tool for understanding how transnational human rights advocacy emerges and develops; how norms become salient; and how nongovernmental organizations (NGOs) gain prominence within networks. This article evaluates political network theory through the case study of the transnational lesbian, gay, bisexual, transgender, and queer (LGBTQ) advocacy network. Through interviews with key figures at human rights and LGBTQ NGOs, I suggest that the transnational LGBTQ network emerged through contestation with the human rights gatekeeper, Amnesty International, and its US section, AIUSA. This process of contestation would produce a specific type of gatekeeper activism that would become a defining feature of the network. Over time, the network would evolve from a collection of national groups engaging in direct action to a highly professional and international network with a dual focus on movement building in the Global South and the advancement of LGBTQ rights at the United Nations.     

Xenophobic violence and the ambivalence of citizenship in post-apartheid South Africa

This essay examines the way that the language of rights has been used to both justify and challenge xenophobia in South Africa. South Africa has struggled with incidents of xenophobic violence against African migrants, with major outbreaks of violence taking place in 2008 and in 2015, and despite substantial anti-xenophobia efforts, African migrants continue to be subject to discrimination and abuse. Part of the reason for the persistence of anti-African migrant sentiment is a prevailing rhetoric of victimization, which frames irregular African migrants as a threat to the rights of South Africa’s poor. This essay analyzes that rhetoric, as well as analyzing how a grassroots movement of shackdwellers, Abhlali baseMjondolo, has challenged that rhetoric by highlighting the interconnection between the rights of citizens and noncitizens in the country. In examining the contestation over rights in South Africa, this essay seeks to engage with the ambivalence of citizenship in South Africa and the conflict between the human rights framework that has been established in the country and the necessary limitation of the rights of noncitizens.     

Effective citizenship in the cracks of neocorporatism

Citizenship is increasingly investigated not just in terms of rights and duties, but as contentious, evolving and continuously forged anew. This article analyzes an Israeli High Court ruling from 2007 to show how a liberal, human rights-based discourse enabled effective citizenship within neocorporatist frameworks for those outside the formal political community. The ruling, which extended Israeli labor law to Palestinians in the Israeli-occupied West Bank, marks the breakdown of neocorporatism’s fundamental premise of congruence between labor force participation and participation in the political sphere, which engenders new opportunities for rejecting subjecthood and demanding inclusion. This marks a new development in the balance between the conflicting imperatives of economic inclusion and political exclusion in Israel’s relations with the Palestinians, and legitimizes practices of citizenship where formal political space is denied. It is not yet the ‘de-nationalizing’ of the state, but may be a step in decoupling effective citizenship from national belonging.     

Advancing Human Rights Policy: Does Grassroots Mobilization and Community Dispute Resolution Matter? Insights from Chiapas,Mexico

This research examines the impact of grassroots organizing at the community level in Chiapas, Mexico, to address problems associated with human rights advocacy and implementation. Traditionally, the nation‐state has had the primary responsibility to address issues pertaining to human rights violations and the enforcement of international human rights principles and treaties. Local political struggles and acts of resistance by disenfranchised groups in Mexico offer insight to understand the impact of indigenous and other social movements in furthering human rights. Indigenous populations in the state of Chiapas use local community dispute resolution to contest the inadequacy of the state in responding to the problems that give rise to poverty, lack of human dignity, educational access, racial and ethnic discrimination, lack of political participation in government and the right to equality in economic, social, and political sectors. Drawing from research based on participant observations in Chiapas, Mexico, there is some evidence to suggest that since the 1994 EZLN (Zapatista National Liberation Army) uprising several micro‐level political and social movements have contested the power of the state through symbolic and pragmatic organizing efforts. These groups include, but are not limited to, nongovernmental organizations (NGOs), women's groups, and indigenous groups. After the Zapatista uprising, these groups were instrumental in making claims against the state through numerous activities: protests to end the war, the development of NGOs to observe human rights violations, civilian‐based Zapatista support groups (base de apoyo), peace camps, and open dialogue with the EZLN. I argue that collective mobilization in local communities serves both symbolic and pragmatic efforts in helping disenfranchised groups empower themselves to address economic, social, and political inequality. Local‐level activism has fueled a sense of self‐empowerment to change state institutional responses and to involve sectors of civil society domestically and internationally to initiate a proper resolution of issues that are fundamentally related to human rights.     

Externalizing Human Rights: From Commission to Council, the Universal Periodic Review and Egypt

Critics of the United Nations Commission on Human Rights (CHR) and its successor, the Human Rights Council (HRC), focus on member state efforts to protect themselves and allies from external pressure for human rights implementation. Even though HRC members still shield rights abusers, the new Universal Periodic Review (UPR) subjects all states to regular scrutiny, and provides substantial new space for domestic NGOs to externalize domestic human rights demands. This paper offers an institutional account of the expansion of NGO externalization opportunities from the CHR to the HRC, and during UPR institution building and Egypt’s 2010 UPR. It draws on 45 longitudinal, open-ended interviews with Egyptian human rights activists, donors, and other observers conducted in 2007 and 2010.     

Feminism in a global era

Feminism is being re-shaped by its articulation through a global discourse of human rights and an increased focus on state interventions. This is partly a result of the transition in the gender regime changing the economic and political resources and opportunities open to women and partly due to globalization. Globalization has not only created difficulties for democratic governance, but it has also facilitated the development of new spaces, institutions and rhetoric where universal human rights is a powerful justificatory principle.     

Governance, the World Bank and Liberal Theory

We examine the recent debates about governance, focusing particularly on the World Bank and identify certain factors which have in recent years moved the Bank's thinking beyond narrowly economic notions of development. Our account is tentative and we suggest further avenues of research. We try to connect the Bank's thinking systematically with key features of liberal discourse and suggest that thiscan do much to illuminate practice. We illustrate this with a discussion of the growing relationship between the Bank and NGOs, to contribute to forms of analysis which go beyond the ideas vs. interests polarities that still inform so much of contemporary social and political theory.     

Violence against women and economic, social and cultural rights in Africa

International human rights treaties and declarations lay out the interconnection of civil and political rights with economic, social, and cultural rights. However, it was not until 1993 at the 2^nd UN Conference on Human Rights in Vienna that governments agreed that all of women’s rights are an integral part of human rights. Promoting women’s economic, social, and cultural rights is a critical human rights advocacy issue. Poverty leaves women more exposed to violence and less able to escape it, and severely restricts women’s ability to organize and fight for change. The article describes work by AI and other NGOs on violence against women and its connection with women's poverty and lack of education, healthcare, housing, and access to land in Africa. Besides the burgeoning of African women’s organizations calling for protection of all women’s human rights, a second hopeful development has been approval in July 2003 of an historic Protocol on the Rights of women in Africa.