Justice,Human Rights,and Reconciliation in Postconflict Cambodia

Retribution? Restitution? Reconciliation? “Justice” comes in many forms as witnessed by the spike in war crimes tribunals, Truth &; Reconciliation Commissions, hybrid tribunals and genocide trials. Which, if any form is appropriate should be influenced by the culture of the people affected. It took Cambodia over three decades to finally address the ghosts of its Khmer Rouge past with the creation of a hybrid Khmer Rouge Tribunal. But how meaningful is justice to the majority of survivors of the Khmer Rouge auto-genocide when only a handful of top officials are tried? Further, given the persistent abuse of political and economic rights in post-conflict Cambodia, we are skeptical that justice or reconciliation is presently possible.     

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.     

Migrants into Members: Social Rights,Civic Requirements,and Citizenship in Western Europe

How do the states in Western Europe turn outsiders into insiders? This article examines that question by introducing a new qualitative framework that we term national membership conditionality structures (MCS). This framework includes not only status acquisition rules, such as those governing naturalisation and settlement, but also, crucially, civic integration requirements and social benefit eligibility standards. The article illustrates how linkages across these policy sectors shape different membership-making processes for third-country nationals by examining the MCS variation in Great Britain and Germany, two countries that both experienced significant migration inflows beginning in the first post-war decades. As a contrast to these two ‘mature’ MCS cases, a study of Spain is also included as a ‘nascent’ case, whose recent experience with large-scale immigration provides an opportunity to consider an MCS under active construction. The article concludes that while EU-level policies and institutions have extended their reach to cover ever more sectors, the components of national MCS remain largely outside supranational purview. As such, membership remains a core imperative of the contemporary nation-state.     

Structural Violence,Socioeconomic Rights,and Transformative Justice

This article provides a critique of the scope of existing models of transitional justice, which focus on legal and quasi-legal remedies for a narrow set of civil and political rights violations. The article highlights the significance of structural violence in producing and reproducing violations of human rights, particularly of socioeconomic rights. There is a need to utilize a different toolkit and a different understanding of human rights from that typically employed in transitional justice in order to remedy structural violations of human rights. Focusing on a case study of land inequalities in postapartheid South Africa, the potential for transformative (rather than transitional) justice in postconflict and postauthoritarian contexts is discussed. The article outlines a definition of transformative justice, relevant actors, and relationships for such an agenda and discusses the kinds of strategies that promise a more transformative approach.     

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.     

In the Service of Power: The Global Political Economy of Citizenship and Human Rights

This article investigates how the idea of universal human rights has been co-opted by the prevailing (neo)liberal consensus in support of processes associated with capitalist globalization. So-called “civil and political” rights form the core of (neo)liberal values upon which free market, laissez-faire economics are based, but the idealism of the dichotomy of first and second generation rights is profoundly ideological. Through an examination of the idea of the international citizen, it is argued that the attempt to introduce a duty to promote the widest possible social good falls far short of an obligation to respond to claims for alternative conceptions of “economic and social” rights; far less alternative models of social affairs. Drawing on empirical evidence from Africa, the article contends that the dominance of (neo)liberal rights is integral to the emerging (neo)liberal constitution of the global order effected in the name of “human rights”, “democratization”, “citizenship”, “good governance” and “civil society”.

Never in the recent past have the founding principles of universal rights been so instrumentalized in the service of power, to such an extent that … in the opening years of the twentieth-century, we can speak of a veritable apogee of hegemony and an unprecedented crystallization of the hatreds that it arouses. (Bessis, 2003 Bessis, S. 2003. Western Supremacy: The Triumph of an Idea?, London: Zed.  [Google Scholar])     

How to Advance Social Rights without Jeopardising the Human Rights Act 1998

When the 1948 Universal Declaration of Human Rights (UDHR) was drafted, governments grasped that human rights are needed as safeguards, not only against authoritarianism but also against the causes of authoritarianism. For this reason, the UDHR encompasses civil, political, economic, social and cultural rights. This holistic vision of human rights was obscured during the Cold War and more recently by economic neo‐liberalism. The UK government neglects social rights, which have a very low public profile, although there is evidence that the profile of these human rights is increasing. UK domestic law and practice is inconsistent with the holistic vision of human rights and the government's binding international social rights obligations. The UN Special Rapporteur on extreme poverty and human rights recommends that the UK provides for ‘the legislative recognition of social rights’ which can be approached in various ways. One way is to proceed social right by social right (for example, the rights to housing, health and education), and sector by sector (for example, the sectors of housing, health and education). This administrative law approach advances explicit social rights without implicating or jeopardising the Human Rights Act 1998.     

Human Rights Reporting: Rights,Responsibilities, and Challenges

This essay critically examines the intersections between news media and human rights in the context of the existing human rights framework. A survey of the fundamental provisions of international human rights law and of the evolving case law of human rights organs relating to media freedom and responsibilities reveals that existing gaps and underspecified obligations render problematic the normative guidance offered by the framework in addressing the pertinent human rights issues. However, this is part of the story. The problems associated with normative guidance are compounded by media practitioners’ contending approaches on the role of the media as “promoters of human rights.” The interplay between these factors is then examined through the prism of the two communities’ converging commitment to “truth-seeking.” This commitment can provide entry points to a more constructive engagement between the news media and the human rights community.     

Social Rights,Civil Rights,and Health Reform in Canada

This article challenges the conventional wisdom that health programs have been largely insulated from welfare state retrenchment. Health care entitlements have in fact been transformed and diminished, albeit in more subtle ways. Employing rhetorical discursive constructions about the nature of social rights, and capitalizing on passive policy drift, reformists have succeeded in altering the right to health care away from a set of collective obligations and toward the competing claims of individuals. As a result, public health insurance programs are abandoning universalistic principles in favor of a narrower conception of rights that is consistent with and supportive of increased privatization of health care financing. Discursive constructions aimed at persuading target audiences to change their ideas aid and abet systemic and institutional factors, making policy changes seem both necessary and inevitable. Using the case of Canada, I contend that such changes are a form of retrenchment.     

Rights and Wrongs across European Borders: Migrants,Minorities and Citizenship

Among the key issues in contemporary political debates across Europe are questions relating to migration, to the social and political rights of migrants and minorities and how these questions relate to new forms of citizenship in specific national contexts as well as across Europe as a whole. In this paper we want to explore the changing dynamics of debates about citizenship, migration, inclusion and exclusion in four European countries--Britain, France, Germany and Italy. Drawing on recent research we have carried out in each of these countries we analyse some of the key dimensions of recent debates and their impact on policy agendas, arguing for an analysis that reflects the various types of migration and movements of people that are shaping the current situation in many societies.     

社会公正与社会协商机制--荷兰模式的启示

社会不公并不是处于转型期的社会主义国家独有的现象,西方发达国家同样也面临着不少与社会公正有关的难题。尽管社会主义国家在转型过程中出现的社会不公现象,无论是在实质上还是在形式上,都不同于西方发达国家,但从西方的经验中,我们不难发现一些有益的启示。     

Social Policy and Social Citizenship: Britain's Welfare States

In Britain the imagery and rhetoric of the postwar welfare stateremain powerful—citizens should have equal access to publicservices based on need not place of residence. Devolution issometimes depicted as a threat to this tradition. This articleshows that the immediate risk of a social policy race to thebottom is small. Moreover, because of the peculiarities of Britishterritorial politics the traditional imagery was never borneout in practice; the article traces policy variation beforeand after devolution. Finally, locating British social policywithin the comparative framework of "nationalization" and "citizenship,"I argue that Britain lost its status as an exemplary welfarestate partly because it failed to provide an adequate territorialframework for the development of social policy.